Vol. 85 Friday, No. 138 July 17, 2020

Pages 43413–43680

OFFICE OF THE FEDERAL REGISTER

VerDate Sep 11 2014 18:36 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\17JYWS.LOC 17JYWS khammond on DSKJM1Z7X2PROD with FR-1WS II Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, under the Federal Register Act (44 U.S.C. Ch. 15) Subscriptions: and the regulations of the Administrative Committee of the Federal Paper or fiche 202–512–1800 Register (1 CFR Ch. I). The Superintendent of Documents, U.S. Assistance with public subscriptions 202–512–1806 Government Publishing Office, is the exclusive distributor of the official edition. Periodicals postage is paid at Washington, DC. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 202–512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 1–866–512–1800 Executive Orders, Federal agency documents having general (Toll-Free) applicability and legal effect, documents required to be published FEDERAL AGENCIES by act of Congress, and other Federal agency documents of public Subscriptions: interest. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the Email [email protected] issuing agency requests earlier filing. For a list of documents Phone 202–741–6000 currently on file for public inspection, see www.federalregister.gov. The seal of the National Archives and Records Administration The Federal Register Printing Savings Act of 2017 (Pub. L. 115- authenticates the Federal Register as the official serial publication 120) placed restrictions on distribution of official printed copies established under the Federal Register Act. Under 44 U.S.C. 1507, of the daily Federal Register to members of Congress and Federal the contents of the Federal Register shall be judicially noticed. offices. Under this Act, the Director of the Government Publishing The Federal Register is published in paper and on 24x microfiche. Office may not provide printed copies of the daily Federal Register It is also available online at no charge at www.govinfo.gov, a unless a Member or other Federal office requests a specific issue service of the U.S. Government Publishing Office. or a subscription to the print edition. For more information on how to subscribe use the following website link: https:// The online edition of the Federal Register is issued under the www.gpo.gov/frsubs. authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 1, 1 (March 14, 1936) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800 or 866-512- 1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $860 plus postage, or $929, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $330, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Publishing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1-866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 85 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Publishing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

.

VerDate Sep 11 2014 18:36 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\17JYWS.LOC 17JYWS khammond on DSKJM1Z7X2PROD with FR-1WS III

Contents Federal Register Vol. 85, No. 138

Friday, July 17, 2020

Agriculture Department Defense Department See Office of Partnerships and Public Engagement See Air Force Department See Navy Department Air Force Department RULES NOTICES Uniform National Discharge Standards for Vessels of the Agency Information Collection Activities; Proposals, Armed Forces—Phase II Batch Two, 43465–43478 Submissions, and Approvals, 43549–43550 NOTICES Agency Information Collection Activities; Proposals, Centers for Medicare & Medicaid Services Submissions, and Approvals, 43559–43560 NOTICES Arms Sales, 43550–43569 Agency Information Collection Activities; Proposals, Charter Renewal: Submissions, and Approvals, 43581–43582, 43584– Federal Advisory Committees, 43553, 43561–43562 43585 Medicare and Medicaid Programs: Drug Enforcement Administration Application from the Joint Commission for Continued NOTICES Approval of its Hospital Accreditation Program, Importer of Controlled Substances Application: 43582–43584 Cambrex Charles City, 43603–43604 United States Pharmacopeial Convention, 43603 Children and Families Administration NOTICES Education Department Realignment of the Office of the Deputy Assistant Secretary for Administration, 43585–43586 RULES Indian Education Discretionary Grant Programs: Coast Guard Demonstration Grants for Indian Children and Youth Program, 43442–43452 RULES NOTICES Regulated Navigation Area: Agency Information Collection Activities; Proposals, Harbor Entrances along the Coast of Northern California, Submissions, and Approvals: 43437–43442 Consolidated State Plan, 43575 EDGAR Recordkeeping and Reporting Requirements, Commerce Department 43575–43576 See Industry and Security Bureau Applications for New Awards: See International Trade Administration Indian Education Discretionary Grant Programs; See National Oceanic and Atmospheric Administration Demonstration Grants for Indian Children and Youth Program, 43569–43575 Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Energy Department Procurement List; Additions and Deletions, 43545–43546 See Federal Energy Regulatory Commission PROPOSED RULES Commodity Futures Trading Commission Energy Conservation Program: NOTICES Data Collection and Comparison with Forecasted Unit Agency Information Collection Activities; Proposals, Sales of Five Lamp Types, 43493–43496 Submissions, and Approvals: Disclosure and Retention of Certain Information Relating Environmental Protection Agency to Cleared Swaps Customer Collateral, 43547–43548 RULES Air Quality State Implementation Plans; Approvals and Comptroller of the Currency Promulgations: RULES North Carolina; Miscellaneous Permit Provisions Other Real Estate Owned and Technical Amendments, Revisions, 43461–43463 43420–43422 Oregon; 2010 Sulfur Dioxide National Ambient Air Quality Standards Interstate Transport Requirements, Consumer Product Safety Commission 43463–43465 NOTICES Funding Availability: Service Contract Inventories; Fiscal Years 2017 and 2018, Applications for Credit Assistance under the State 43548–43549 Infrastructure Finance Authority Water Infrastructure Finance and Innovation Act Program, 43457–43461 Copyright Office, Library of Congress Applications for Credit Assistance under the Water PROPOSED RULES Infrastructure Finance and Innovation Act Program, Music Modernization Act: 43452–43457 Transition Period Transfer and Reporting of Royalties to Uniform National Discharge Standards for Vessels of the the Mechanical Licensing Collective, 43517–43526 Armed Forces—Phase II Batch Two, 43465–43478

VerDate Sep<11>2014 20:06 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\17JYCN.SGM 17JYCN khammond on DSKJM1Z7X2PROD with CONTENTS IV Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Contents

PROPOSED RULES Filing: Air Quality State Implementation Plans; Approvals and PJM Interconnection, LLC, 43577 Promulgations: Preliminary Determination of a Qualifying Conduit Missouri; Removal of Control of Emissions from Hydropower Facility: Manufacture of Polystyrene Resin, 43526–43528 Los Angeles County Public Works, 43576–43577 NOTICES Environmental Impact Statements; Availability, etc.: Federal Reserve System Weekly Receipt, 43580 NOTICES Prospective Purchaser Agreement: Change in Bank Control: Portion of the Delco Chassis Industrial Land I and II Site Acquisitions of Shares of a Bank or Bank Holding in Livonia, MI, 43580 Company, 43580–43581 Federal Aviation Administration RULES Federal Retirement Thrift Investment Board Amendment of Class D and Class E Airspace: NOTICES St. Louis, MO, 43429–43431 Privacy Act; Systems of Records, 43654–43679 Amendment of Class D and E Airspace and Establishment of Class E Airspace: Fish and Wildlife Service Alton/St. Louis, IL, 43425–43427 NOTICES Amendment of Class E Airspace: Safe Harbor Agreement and Draft Environmental Action Baudette, MN, 43432–43433 Statement: Decorah, IA, 43428–43429 Reintroduction of the Amargosa Vole (Microtus Webster City, IA, 43427–43428 californicus scirpensis), Shoshone, CA; Inyo County, Winner, SD, 43431–43432 CA, 43597–43598 Special Conditions: Avidyne Corporation, Textron Aviation Inc. Model 550, Food and Drug Administration 560, and 560XL Airplanes; Electronic-System NOTICES Security Protection from Unauthorized External Meetings: Access, 43422–43423 Science Advisory Board to the National Center for Avidyne Corporation, Textron Aviation Inc. Model 550, Toxicological Research Advisory Committee, 43587– 560, and 560XL Airplanes; Electronic-System 43588 Security Protection from Unauthorized Internal Revocation of Biologics License: Access, 43423–43425 Eli Lilly and Co.; LARTRUVO, 43587 PROPOSED RULES Airworthiness Directives: Foreign Assets Control Office Airbus Helicopters Deutschland GmbH (Type Certificate RULES Previously Held by Eurocopter Deutschland GmbH Nicaragua Sanctions Regulations, 43436–43437 and Eurocopter Canada Ltd.) Helicopters, 43506– 43508 Health and Human Services Department Airbus SAS Airplanes, 43499–43506 See Centers for Medicare & Medicaid Services Embraer SA Airplanes, 43496–43499 See Children and Families Administration Amendment of Class E Airspace: See Food and Drug Administration Frankfort, MI, 43510–43511 See Health Resources and Services Administration Leadville, CO, 43511–43512 See National Institutes of Health Establishment of Class E Airspace: NOTICES Granby, CO, 43508–43509 Meetings: Federal Communications Commission Presidential Advisory Council on HIV/AIDS, 43588– 43589 RULES Authorizing Permissive Use of the Next Generation Health Resources and Services Administration Broadcast Television Standard, 43478–43492 NOTICES Federal Emergency Management Agency Charter Renewal: NOTICES Advisory Commission on Childhood Vaccines, 43588 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Homeland Security Department Homeland Security Exercise and Evaluation Program See Coast Guard Documentation, 43591–43592 See Federal Emergency Management Agency Letter of Attestation Regarding Export of Certain Scarce See U.S. Customs and Border Protection or Threatened Medical Resources, 43592–43593 NOTICES Determination Pursuant to Section 102 of the Illegal Federal Energy Regulatory Commission Immigration Reform and Immigrant Responsibility Act NOTICES of 1996, as Amended, 43593–43595 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43579 Housing and Urban Development Department Application: NOTICES Georgia Power Co., 43578–43579 Agency Information Collection Activities; Proposals, Authorization for Continued Project Operation: Submissions, and Approvals: Dominion Energy South Carolina, Inc., 43577–43578 HOME Investment Partnerships Program, 43595–43597

VerDate Sep<11>2014 20:06 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\17JYCN.SGM 17JYCN khammond on DSKJM1Z7X2PROD with CONTENTS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Contents V

Indian Affairs Bureau Labor Department NOTICES See Wage and Hour Division Land Acquisitions: NOTICES Osage Nation, Bartlesville Property, OK, 43598–43599 Agency Information Collection Activities; Proposals, Osage Nation, Pawhuska Property, OK, 43599 Submissions, and Approvals: Periodic Medical Surveillance Examinations for Coal Industry and Security Bureau Miners, 43605–43606 NOTICES Qualification/Certification Program Request for Mining Advanced Surveillance Systems and other Items of Human Safety and Health Administration Individual Rights Concern, 43532–43536 Identification Number, 43606–43607 Respirator Program Records, 43605 Interior Department Land Management Bureau See Fish and Wildlife Service NOTICES See Indian Affairs Bureau Proposed CERCLA Settlement Agreement: See Land Management Bureau Recovery of Past Response Costs for the Anaconda Copper Mine Site, Yerington, Lyon County, NV, Internal Revenue Service 43600 RULES Preparer Tax Identification Number User Fee Update, Legal Services Corporation 43433–43436 NOTICES PROPOSED RULES Application: Hearing: Process for Subgranting 2021 Basic Field Funds, 43607– Effect of Section 67(g) on Trusts and Estates, 43512– 43608 43513 NOTICES Library of Congress Agency Information Collection Activities; Proposals, See Copyright Office, Library of Congress Submissions, and Approvals, 43649–43650 Agency Information Collection Activities; Proposals, Maritime Administration Submissions, and Approvals: NOTICES Proceeds From Broker and Barter Exchange Transactions, Requested Administrative Waiver of the Coastwise Trade 43648 Laws: Taxpayer Statement, 43648–43649 Vessel LEI (Sailing Catamaran), 43644 Vessel VISION (Sailing Vessel), 43644–43645 International Trade Administration NOTICES National Aeronautics and Space Administration Antidumping or Countervailing Duty Investigations, Orders, NOTICES or Reviews: Meetings: Certain Magnesia Carbon Bricks from the People’s National Space Council Users’ Advisory Group, 43608 Republic of China, 43538–43540 National Drug Control Policy Office Emulsion Styrene-Butadiene Rubber from Mexico, 43536– 43537 NOTICES Meetings: Appointment of Members: President’s Advisory Council on Doing Business in Senior Executive Service Performance Review Board, Africa, 43538 43608 Quarterly Update to Annual Listing of Foreign Government National Highway Traffic Safety Administration Subsidies: NOTICES Articles of Cheese Subject to an In-Quota Rate of Duty, Agency Information Collection Activities; Proposals, 43537–43538 Submissions, and Approvals: Reducing the Illegal Passing of School Buses, 43645– International Trade Commission 43648 NOTICES Investigations; Determinations, Modifications, and Rulings, National Institutes of Health etc.: NOTICES Certain Bone Cements, Components Thereof and Products Meetings: Containing the Same, 43600–43602 Center for Scientific Review, 43589 Certain Collated Steel Staples from China, 43603 Eunice Kennedy Shriver National Institute of Child Polyethylene Terephthalate Film from India and Taiwan, Health and Human Development, 43589 43602 National Institute of Allergy and Infectious Diseases, 43590 Justice Department National Institute of Neurological Disorders and Stroke, See Drug Enforcement Administration 43589 NOTICES Agency Information Collection Activities; Proposals, National Oceanic and Atmospheric Administration Submissions, and Approvals: RULES Certification and Release of Records, 43604 Fisheries of the Exclusive Economic Zone off Alaska: Proposed Consent Decree: Sablefish in the Aleutian Islands Subarea of the Bering Clean Water Act, 43604–43605 Sea and Aleutian Islands Management Area, 43492

VerDate Sep<11>2014 20:06 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\17JYCN.SGM 17JYCN khammond on DSKJM1Z7X2PROD with CONTENTS VI Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Contents

PROPOSED RULES Presidential Documents Fisheries of the Northeastern United States: EXECUTIVE ORDERS Magnuson-Stevens Fishery Conservation and Hong Kong, U.S. Policy; Normalization Efforts (EO 13936), Management Act Provisions; Electronic Vessel Trip 43413–43417 Reporting, 43528–43531 NOTICES Securities and Exchange Commission Endangered and Threatened Species: NOTICES Take of Abalone, 43540–43541 Agency Information Collection Activities; Proposals, Environmental Impact Statements; Availability, etc.: Submissions, and Approvals, 43624–43625, 43630– Coral Reef Conservation Program, 43544–43545 43631 Hearing: Application: New England Fishery Management Council, 43541–43542 Runway Growth Credit Fund, Inc., et al., 43614–43622 Meetings: Joint Industry Plan: Draft Environmental Impact Statement for the Proposed Filing and Immediate Effectiveness of Amendment to the Connecticut National Estuarine Research Reserve; National Market System Plan Governing the Public Scoping, 43543 Consolidated Audit Trail to Add MEMX LLC as a Integrated Ocean Observing System Advisory Committee, Participant, 43626–43627 43542 Meetings; Sunshine Act, 43622, 43625–43626 Pacific Fishery Management Council, 43541 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 43622–43623 National Science Foundation Financial Industry Regulatory Authority, Inc., 43627– NOTICES 43630 Meetings; Sunshine Act, 43608 Miami International Securities Exchange LLC, 43632– 43634 MIAX Emerald, LLC, 43631–43632 Navy Department MIAX PEARL, LLC, 43623–43624 NOTICES Agency Information Collection Activities; Proposals, Small Business Administration Submissions, and Approvals, 43569 NOTICES Class Waiver of the Nonmanufacturer Rule, 43634 Nuclear Regulatory Commission RULES State Department List of Approved Spent Fuel Storage Casks: NOTICES Holtec International HI–STORM Flood/Wind Agency Information Collection Activities; Proposals, Multipurpose Canister Storage System, Certificate of Submissions, and Approvals: Compliance No. 1032, Amendment No. 4, 43419– President’s Emergency Plan for AIDS Relief Program 43420 Expenditures, 43634–43635 TN Americas LLC, Standardized NUHOMS Horizontal Susquehanna River Basin Commission Modular Storage System; Correction, 43419 NOTICES NOTICES Exemption; Issuance: Hearing, 43636–43637 Energy Harbor Nuclear Corp.; Energy Harbor Nuclear Projects Approved for Minor Modifications, 43635–43636 Generation LLC; Perry Nuclear Power Plant Unit No Projects Approved: 1, 43609–43612 Consumptive Uses of Water, 43637–43638 Meetings; Sunshine Act, 43608–43609 Revocation of Approvals by Rule, 43638 Trade Representative, Office of United States Office of Partnerships and Public Engagement NOTICES NOTICES Extension of Particular Exclusions: Meetings: China’s Acts, Policies, and Practices Related to Advisory Committee on Minority Farmers, 43532 Technology Transfer, Intellectual Property, and Innovation, 43639–43644 Personnel Management Office NOTICES Transportation Department Agency Information Collection Activities; Proposals, See Federal Aviation Administration Submissions, and Approvals: See Maritime Administration Application for Court-Ordered Benefits for Former See National Highway Traffic Safety Administration Spouses, 43612–43613 Treasury Department Application for Deferred or Postponed Retirement, 43612 See Comptroller of the Currency Self-Certification of Full-Time School Attendance For See Foreign Assets Control Office The School Year; Information and Instructions for See Internal Revenue Service Completing the Self-Certification of Full-Time School Attendance For The School Year,, 43613–43614 U.S. Customs and Border Protection NOTICES Postal Regulatory Commission Quarterly IRS Interest Rates Used in Calculating Interest on NOTICES Overdue Accounts and Refunds on Customs Duties, New Postal Products, 43614 43590–43591

VerDate Sep<11>2014 20:06 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\17JYCN.SGM 17JYCN khammond on DSKJM1Z7X2PROD with CONTENTS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Contents VII

Unified Carrier Registration Plan NOTICES Meetings; Sunshine Act, 43650–43651 Reader Aids Wage and Hour Division Consult the Reader Aids section at the end of this issue for PROPOSED RULES phone numbers, online resources, finding aids, and notice Family and Medical Leave Act of 1993, 43513–43517 of recently enacted public laws. To subscribe to the Federal Register Table of Contents Separate Parts In This Issue electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail Part II address, then follow the instructions to join, leave, or Federal Retirement Thrift Investment Board, 43654–43679 manage your subscription.

VerDate Sep<11>2014 20:06 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4748 Sfmt 4748 E:\FR\FM\17JYCN.SGM 17JYCN khammond on DSKJM1Z7X2PROD with CONTENTS VIII Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Contents

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 Executive Orders: 13936...... 43413 10 CFR 72 (2 documents) ...... 43419 Proposed Rules: 430...... 43493 12 CFR 34...... 43420 14 CFR 25 (2 documents) ...... 43422, 43423 71 (6 documents) ...... 43425, 43427, 43428, 43429, 43431, 43432 Proposed Rules: 39 (4 documents) ...... 43496, 43499, 43503, 43506 71 (3 documents) ...... 43508, 43510, 43511 26 CFR 300...... 43433 Proposed Rules: 1...... 43512 29 CFR Proposed Rules: 825...... 43513 31 CFR 582...... 43436 33 CFR 165...... 43437 34 CFR 263...... 43442 37 CFR Proposed Rules: 210...... 43517 40 CFR 35 (2 documents) ...... 43452, 43457 52 (2 documents) ...... 43461, 43463 1700...... 43465 Proposed Rules: 52...... 43526 47 CFR 73...... 43478 74...... 43478 50 CFR 679...... 43492 Proposed Rules: 648...... 43528

VerDate Sep 11 2014 19:42 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\17JYLS.LOC 17JYLS khammond on DSKJM1Z7X2PROD with FR-2LS 43413

Federal Register Presidential Documents Vol. 85, No. 138

Friday, July 17, 2020

Title 3— Executive Order 13936 of July 14, 2020

The President The President’s Executive Order on Hong Kong Normaliza- tion

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the United States-Hong Kong Policy Act of 1992 (Public Law 102–393), the Hong Kong Human Rights and Democracy Act of 2019 (Public Law 116–76), the Hong Kong Autonomy Act of 2020, signed into law July 14, 2020, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the Na- tional Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, DONALD J. TRUMP, President of the United States of America, determine, pursuant to section 202 of the United States-Hong Kong Policy Act of 1992, that the Special Administrative Region of Hong Kong (Hong Kong) is no longer sufficiently autonomous to justify differential treatment in relation to the People’s Republic of China (PRC or China) under the particular United States laws and provisions thereof set out in this order. In late May 2020, the National People’s Congress of China announced its intention to unilaterally and arbitrarily impose national security legislation on Hong Kong. This announcement was merely China’s latest salvo in a series of actions that have increasingly denied autonomy and freedoms that China promised to the people of Hong Kong under the 1984 Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Ques- tion of Hong Kong (Joint Declaration). As a result, on May 27, 2020, the Secretary of State announced that the PRC had fundamentally undermined Hong Kong’s autonomy and certified and reported to the Congress, pursuant to sections 205 and 301 of the United States-Hong Kong Policy Act of 1992, as amended, respectively, that Hong Kong no longer warrants treatment under United States law in the same manner as United States laws were applied to Hong Kong before July 1, 1997. On May 29, 2020, I directed the heads of executive departments and agencies (agencies) to begin the process of eliminating policy exemptions under United States law that give Hong Kong differential treatment in relation to China. China has since followed through on its threat to impose national security legislation on Hong Kong. Under this law, the people of Hong Kong may face life in prison for what China considers to be acts of secession or subversion of state power—which may include acts like last year’s wide- spread anti-government protests. The right to trial by jury may be suspended. Proceedings may be conducted in secret. China has given itself broad power to initiate and control the prosecutions of the people of Hong Kong through the new Office for Safeguarding National Security. At the same time, the law allows foreigners to be expelled if China merely suspects them of violating the law, potentially making it harder for journalists, human rights organizations, and other outside groups to hold the PRC accountable for its treatment of the people of Hong Kong. I therefore determine that the situation with respect to Hong Kong, including recent actions taken by the PRC to fundamentally undermine Hong Kong’s autonomy, constitutes an unusual and extraordinary threat, which has its source in substantial part outside the United States, to the national security,

VerDate Sep<11>2014 15:59 Jul 16, 2020 Jkt 250250 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\17JYE0.SGM 17JYE0 khammond on DSKJM1Z7X2PROD with PRESDOC 43414 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Presidential Documents

foreign policy, and economy of the United States. I hereby declare a national emergency with respect to that threat. In light of the foregoing, I hereby determine and order: Section 1. It shall be the policy of the United States to suspend or eliminate different and preferential treatment for Hong Kong to the extent permitted by law and in the national security, foreign policy, and economic interest of the United States. Sec. 2. Pursuant to section 202 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5722), I hereby suspend the application of section 201(a) of the United States-Hong Kong Policy Act of 1992, as amended (22 U.S.C. 5721(a)), to the following statutes: (a) section 103 of the Immigration Act of 1990 (8 U.S.C. 1152 note); (b) sections 203(c), 212(l), and 221(c) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1153(c), 1182(l), and 1201(c), respectively); (c) the Arms Export Control Act (22 U.S.C. 2751 et seq.); (d) section 721(m) of the Defense Production Act of 1950, as amended (50 U.S.C. 4565(m)); (e) the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); and (f) section 1304 of title 19, United States Code. Sec. 3. Within 15 days of the date of this order, the heads of agencies shall commence all appropriate actions to further the purposes of this order, consistent with applicable law, including, to: (a) amend any regulations implementing those provisions specified in section 2 of this order, and, consistent with applicable law and executive orders, under IEEPA, which provide different treatment for Hong Kong as compared to China; (b) amend the regulation at 8 CFR 212.4(i) to eliminate the preference for Hong Kong passport holders as compared to PRC passport holders; (c) revoke license exceptions for exports to Hong Kong, reexports to Hong Kong, and transfers (in-country) within Hong Kong of items subject to the Export Administration Regulations, 15 CFR Parts 730–774, that provide dif- ferential treatment compared to those license exceptions applicable to exports to China, reexports to China, and transfers (in-country) within China; (d) consistent with section 902(b)(2) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101–246), terminate the export licensing suspensions under section 902(a)(3) of such Act insofar as such suspensions apply to exports of defense articles to Hong Kong persons who are physically located outside of Hong Kong and the PRC and who were authorized to receive defense articles prior to the date of this order; (e) give notice of intent to suspend the Agreement Between the Government of the United States of America and the Government of Hong Kong for the Surrender of Fugitive Offenders (TIAS 98–121); (f) give notice of intent to terminate the Agreement Between the Govern- ment of the United States of America and the Government of Hong Kong for the Transfer of Sentenced Persons (TIAS 99–418); (g) take steps to end the provision of training to members of the Hong Kong Police Force or other Hong Kong security services at the Department of State’s International Law Enforcement Academies; (h) suspend continued cooperation undertaken consistent with the now- expired Protocol Between the U.S. Geological Survey of the Department of the Interior of the United States of America and Institute of Space and Earth Information Science of the Chinese University of Hong Kong Con- cerning Scientific and Technical Cooperation in Earth Sciences (TIAS 09– 1109);

VerDate Sep<11>2014 15:59 Jul 16, 2020 Jkt 250250 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\17JYE0.SGM 17JYE0 khammond on DSKJM1Z7X2PROD with PRESDOC Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Presidential Documents 43415

(i) take steps to terminate the Fulbright exchange program with regard to China and Hong Kong with respect to future exchanges for participants traveling both from and to China or Hong Kong; (j) give notice of intent to terminate the agreement for the reciprocal exemption with respect to taxes on income from the international operation of ships effected by the Exchange of Notes Between the Government of the United States of America and the Government of Hong Kong (TIAS 11892); (k) reallocate admissions within the refugee ceiling set by the annual Presidential Determination to residents of Hong Kong based on humanitarian concerns, to the extent feasible and consistent with applicable law; and (l) propose for my consideration any further actions deemed necessary and prudent to end special conditions and preferential treatment for Hong Kong. Sec. 4. All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person, of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: (a) Any foreign person determined by the Secretary of State, in consultation with the Secretary of the Treasury, or the Secretary of the Treasury, in consultation with the Secretary of State: (i) to be or have been involved, directly or indirectly, in the coercing, arresting, detaining, or imprisoning of individuals under the authority of, or to be or have been responsible for or involved in developing, adopting, or implementing, the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Administrative Re- gion; (ii) to be responsible for or complicit in, or to have engaged in, directly or indirectly, any of the following: (A) actions or policies that undermine democratic processes or institu- tions in Hong Kong; (B) actions or policies that threaten the peace, security, stability, or autonomy of Hong Kong; (C) censorship or other activities with respect to Hong Kong that prohibit, limit, or penalize the exercise of freedom of expression or assembly by citizens of Hong Kong, or that limit access to free and independent print, online or broadcast media; or (D) the extrajudicial rendition, arbitrary detention, or torture of any person in Hong Kong or other gross violations of internationally recognized human rights or serious human rights abuse in Hong Kong; (iii) to be or have been a leader or official of: (A) an entity, including any government entity, that has engaged in, or whose members have engaged in, any of the activities described in subsections (a)(i), (a)(ii)(A), (a)(ii)(B), or (a)(ii)(C) of this section; or (B) an entity whose property and interests in property are blocked pursuant to this order. (iv) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any person whose property and interests in property are blocked pursuant to this section; (v) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this section; or

VerDate Sep<11>2014 15:59 Jul 16, 2020 Jkt 250250 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\17JYE0.SGM 17JYE0 khammond on DSKJM1Z7X2PROD with PRESDOC 43416 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Presidential Documents

(vi) to be a member of the board of directors or a senior executive officer of any person whose property and interests in property are blocked pursu- ant to this section. (b) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order. Sec. 5. I hereby determine that the making of donations of the types of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to section 4 of this order would seriously impair my ability to deal with the national emergency declared in this order, and I hereby prohibit such donations as provided by section 4 of this order. Sec. 6. The prohibitions in section 4(a) of this order include: (a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to section 4(a) of this order; and (b) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 7. The unrestricted immigrant and nonimmigrant entry into the United States of aliens determined to meet one or more of the criteria in section 4(a) of this order, as well as immediate family members of such aliens, or aliens determined by the Secretary of State to be employed by, or acting as an agent of, such aliens, would be detrimental to the interest of the United States, and the entry of such persons into the United States, as immigrants and nonimmigrants, is hereby suspended. Such persons shall be treated as persons covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions). The Secretary of State shall have the responsibility of imple- menting this section pursuant to such conditions and procedures as the Secretary has established or may establish pursuant to Proclamation 8693. Sec. 8. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibi- tions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 9. Nothing in this order shall prohibit transactions for the conduct of the official business of the Federal Government by employees, grantees, or contractors thereof. Sec. 10. For the purposes of this order: (a) the term ‘‘person’’ means an individual or entity; (b) the term ‘‘entity’’ means a government or instrumentality of such government, partnership, association, trust, joint venture, corporation, group, subgroup, or other organization, including an international organization; (c) the term ‘‘United States person’’ means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States; and (d) The term ‘‘immediate family member’’ means spouses and children of any age. Sec. 11. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to section 4 of this order would render those measures

VerDate Sep<11>2014 15:59 Jul 16, 2020 Jkt 250250 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\17JYE0.SGM 17JYE0 khammond on DSKJM1Z7X2PROD with PRESDOC Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Presidential Documents 43417

ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in this order, there need be no prior notice of a listing or determination made pursuant to section 4 of this order. Sec. 12. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including adopting rules and regulations, and to employ all powers granted to me by IEEPA as may be necessary to implement this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. All departments and agencies of the United States shall take all appropriate measures within their authority to implement this order. Sec. 13. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to submit recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)). Sec. 14. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Sec. 15. If, based on consideration of the terms, obligations, and expectations expressed in the Joint Declaration, I determine that changes in China’s actions ensure that Hong Kong is sufficiently autonomous to justify differen- tial treatment in relation to the PRC under United States law, I will reconsider the determinations made and actions taken and directed under this order.

THE WHITE HOUSE, July 14, 2020.

[FR Doc. 2020–15646 Filed 7–16–20; 8:45 am] Billing code 3295–F0–P

VerDate Sep<11>2014 15:59 Jul 16, 2020 Jkt 250250 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\17JYE0.SGM 17JYE0 khammond on DSKJM1Z7X2PROD with PRESDOC Trump.EPS 43419

Rules and Regulations Federal Register Vol. 85, No. 138

Friday, July 17, 2020

This section of the FEDERAL REGISTER INFORMATION CONTACT section of this NUCLEAR REGULATORY contains regulatory documents having general document. COMMISSION applicability and legal effect, most of which • NRC’s Agencywide Documents are keyed to and codified in the Code of 10 CFR Part 72 Federal Regulations, which is published under Access and Management System 50 titles pursuant to 44 U.S.C. 1510. (ADAMS): You may obtain publicly- [NRC–2019–0250] available documents online in the RIN 3150–AK41 The Code of Federal Regulations is sold by ADAMS Public Documents collection at the Superintendent of Documents. https://www.nrc.gov/reading-rm/ List of Approved Spent Fuel Storage adams.html. To begin the search, select Casks: Holtec International HI–STORM NUCLEAR REGULATORY ‘‘Begin Web-based ADAMS Search.’’ For Flood/Wind Multipurpose Canister COMMISSION problems with ADAMS, please contact Storage System, Certificate of the NRC’s Public Document Room (PDR) Compliance No. 1032, Amendment No. 10 CFR Part 72 reference staff at 1–800–397–4209, 301– 4 415–4737, or by email to pdr.resource@ AGENCY: [NRC–2019–0202] Nuclear Regulatory nrc.gov. Commission. RIN 3150–AK39 • Attention: The Public Document ACTION: Direct final rule; confirmation of Room (PDR), where you may examine effective date. List of Approved Spent Fuel Storage and order copies of public documents is SUMMARY: The U.S. Nuclear Regulatory Casks: TN Americas LLC, currently closed. You may submit your ® Commission (NRC) is confirming the Standardized NUHOMS Horizontal request to the PDR via email at Modular Storage System, Certificate of effective date of July 14, 2020, for the [email protected] or call 1–800– direct final rule that was published in Compliance No. 1004, Renewed 397–4209 between 8:00 a.m. and 4:00 Amendment No. 16; Correction the Federal Register on April 30, 2020. p.m. (EST), Monday through Friday, The direct final rule amends the NRC’s AGENCY: Nuclear Regulatory except Federal holidays. spent fuel storage regulations by Commission. FOR FURTHER INFORMATION CONTACT: revising the Holtec International HI– ACTION: Direct final rule; correction. Norma Garcia Santos, Office of Nuclear STORM Flood/Wind Multipurpose Material Safety and Safeguards; Canister Storage System listing within SUMMARY: The U.S. Nuclear Regulatory telephone: 301–415–6999; email: the ‘‘List of approved spent fuel storage Commission (NRC) is correcting a notice [email protected] or Torre casks’’ to include Amendment No. 4 to that was published in the Federal Certificate of Compliance No. 1032. Taylor, Office of Nuclear Material Safety Register on June 30, 2020, revising the Amendment No. 4 revises the certificate and Safeguards; telephone: 301–415– TN Americas LLC, Standardized of compliance to: Add multipurpose NUHOMS® Horizontal Modular Storage 7900; email: [email protected]. Both canister (MPC)–32ML for storage and System listing within the ‘‘List of are staff of the U.S. Nuclear Regulatory allow the fuel assembly class 16X16D as approved spent fuel storage casks’’ to Commission, Washington, DC 20555– content for MPC–32ML; add the fuel include Renewed Amendment No. 16 to 0001. assembly class 16X16E as content for Certificate of Compliance No. 1004. This SUPPLEMENTARY INFORMATION: In the MPC–37; and make changes to the final action is necessary to provide ADAMS safety analysis report. accession numbers in the Availability of Federal Register (FR) on June 30, 2020, in FR Doc. 2020–13730, on page 39054, DATES: The effective date of July 14, Documents table listing that were 2020, for the direct final rule published inadvertently omitted. in the Availability of Documents table listing for ‘‘Technical Specifications for April 30, 2020 (85 FR 23904), is DATES: The correction is effective on confirmed. TN Americas LLC Amendment No. 16 to September 14, 2020, if no significant Certificate of Compliance No. 1004,’’ DATES: Please refer to Docket ID NRC– adverse comments are received by July 2019–0250 when contacting the NRC 30, 2020. add the ADAMS accession numbers ML19262E157, ML19262E159, and about the availability of information for ADDRESSES: Please refer to Docket ID ML19262E153. this action. You may obtain publicly- NRC–2019–0202 when contacting the available information related to this NRC about the availability of Dated July 9, 2020. action by any of the following methods: information for this action. You may For the Nuclear Regulatory Commission. • Federal Rulemaking Website: Go to obtain publicly-available information Pamela J. Shepherd-Vladimir, https://www.regulations.gov and search related to this action by any of the Acting Chief, Regulatory Analysis and for Docket ID NRC–2019–0250. Address following methods: questions about NRC dockets to Carol • Rulemaking Support Branch, Division of Federal Rulemaking Website: Go to Rulemaking, Environmental, and Financial Gallagher; telephone: 301–415–3463; https://www.regulations.gov and search Support, Office of Nuclear Material Safety email: [email protected]. For for Docket ID NRC–2019–0202. Address and Safeguards. technical questions, contact the questions about NRC dockets to Carol individual listed in the FOR FURTHER [FR Doc. 2020–15244 Filed 7–16–20; 8:45 am] Gallagher; telephone: 301–415–3463; INFORMATION CONTACT section of this email: [email protected]. For BILLING CODE 7950–01–P document. technical questions, contact the • NRC’s Agencywide Documents individuals listed in the FOR FURTHER Access and Management System

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43420 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

(ADAMS): You may obtain publicly- comment on the companion proposed I. Background available documents online in the rule (85 FR 23923; April 30, 2020). The On October 22, 2019, the OCC ADAMS Public Documents collection at comment can be obtained from the published in the Federal Register a final https://www.nrc.gov/reading-rm/ Federal Rulemaking website https:// rule to revise its rule on other real estate adams.html. To begin the search, select www.regulations.gov under Docket ID owned (OREO) at 12 CFR part 34, ‘‘Begin Web-based ADAMS Search.’’ For NRC–2019–0250, and from ADAMS subpart E, and make related technical problems with ADAMS, please contact under Accession No. ML20154K577. amendments (OREO final rule).1 The the NRC’s Public Document Room (PDR) The NRC evaluated the comment OREO final rule was intended to apply reference staff at 1–800–397–4209, 301– against the criteria described in the to national banks and federal savings 415–4737, or by email to pdr.resource@ direct final rule and determined that the associations, and the rule text printed in nrc.gov. The proposed amendment to comment was not significant and the OREO final rule did incorporate the certificate of compliance, the adverse. Specifically, the comment was both types of institutions in all relevant proposed changes to the technical outside the scope of this rulemaking, sections. However, due to a technical specifications, and the preliminary did not oppose the rule, or did not error in the amendatory instructions, the safety evaluation report are available in propose a change to the rule, such that phrase ‘‘federal savings associations’’ ADAMS under Accession No. the rule would be ineffective or was not included in two places in the ML19158A271. The final amendment to unacceptable without incorporation of introductory text to 12 CFR the certificate of compliance, final the change. Therefore, the direct final 34.83(a)(3)(i). This final rule corrects the changes to the technical specifications, rule will become effective as scheduled. amendatory instructions to add the and final safety evaluation report can Dated June 25, 2020. phrase ‘‘federal savings associations’’ in also be viewed in ADAMS under For the Nuclear Regulatory Commission. those two locations. This final rule does Accession No. ML20155K740. not make any substantive changes to the • Attention: The Public Document Cindy K. Bladey, Chief, Regulatory Analysis and Rulemaking OREO final rule or any requirements of Room (PDR), where you may examine 12 CFR part 34, subpart E. and order copies of public documents, Support Branch, Division of Rulemaking, Environmental, and Financial Support, Office II. Administrative Law Statements is currently closed. You may submit of Nuclear Material Safety and Safeguards. your request to the PDR via email at A. Administrative Procedure Act [email protected] or call 1–800– [FR Doc. 2020–14076 Filed 7–16–20; 8:45 am] 397–4209 between 8:00 a.m. and 4:00 BILLING CODE 7590–01–P The OCC is issuing the final rule p.m. (EST), Monday through Friday, without prior notice and the except Federal holidays. opportunity for public comment and the FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TREASURY delayed effective date ordinarily prescribed by the Administrative Vanessa Cox, Office of Nuclear Material 2 Safety and Safeguards, U.S. Nuclear Office of the Comptroller of the Procedure Act (APA). Pursuant to Regulatory Commission, Washington, Currency section 553(b)(B) of the APA, general DC 20555–0001; telephone: 301–415– notice and the opportunity for public 8342 or email: [email protected]. 12 CFR Part 34 comment are not required with respect to a rulemaking when an ‘‘agency for SUPPLEMENTARY INFORMATION: On April [Docket ID OCC–2019–0004] good cause finds (and incorporates the 30, 2020 (85 FR 23904), the NRC finding and a brief statement of reasons published a direct final rule amending RIN 1557–AE91 therefor in the rules issued) that notice its regulations in part 72 of title 10 of Other Real Estate Owned and and public procedure thereon are the Code of Federal Regulations to impracticable, unnecessary, or contrary revise the Holtec International HI– Technical Amendments to the public interest.’’ 3 STORM Flood/Wind Multipurpose AGENCY: Office of the Comptroller of the The OCC believes that the final rule Canister Storage System listing within Currency, Treasury. should be effective immediately upon the ‘‘List of approved spent fuel storage ACTION: Final rule; correction. publication in the Federal Register. The casks’’ to include Amendment No. 4 to final rule merely implements a technical Certificate of Compliance No. 1032. SUMMARY: On October 22, 2019, the correction to the amendatory text to Amendment No. 4 revises the certificate Office of the Comptroller of the reflect the text of the OREO final rule for of compliance to: add multipurpose Currency (OCC) published in the purposes of accurate printing in the canister (MPC)–32ML for storage and Federal Register a final rule to revise Code of Federal Regulations and has no allow the fuel assembly class 16X16D as provisions on other real estate owned substantive effect. The OCC previously content for MPC–32ML; add the fuel and make related technical requested comment on the revision, assembly class 16X16E as content for amendments. Due to a technical error in adopted the revision in a final rule, and MPC–37; and make changes to the final the amendatory text, certain revisions in believes requesting further comment or safety analysis report to separate the the final rule were not incorporated in delaying the correction would be design pressure for the short-term the Code of Federal Regulations. This unnecessary. operation from the off-normal condition final rule corrects those omissions. For these reasons, the OCC finds that (to provide clarity in Table 2.2.1), add DATES: there is good cause to issue the rule cautionary notes to Sections 9.2.1 and The final rule is effective on July 17, 2020. without notice and comment.4 9.2.3, update a definition, and replace a The APA also requires a 30-day test program. FOR FURTHER INFORMATION CONTACT: Kevin Korzeniewski, Counsel, or delayed effective date, except for (1) In the direct final rule published on substantive rules which grant or April 30, 2020, the NRC stated that if no Anthony Borzaro, Attorney, Chief Counsel’s Office, (202) 649–5490; or for significant adverse comments were 1 84 FR 56369 (Oct. 22, 2019). received, the direct final rule would persons who are hearing impaired, TTY, 2 5 U.S.C. 553. become effective on July 14, 2020. The (202) 649–5597. 3 5 U.S.C. 553(b)(3)(A). NRC received and docketed one SUPPLEMENTARY INFORMATION: 4 5 U.S.C. 553(b)(B); 553(d)(3).

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43421

recognize an exemption or relieve a printing in the Code of Federal benefits of such regulations. In addition, restriction; (2) interpretative rules and Regulations, the OCC believes that section 302(b) of RCDRIA requires new statements of policy; or (3) as otherwise delaying the effective date of the rule is regulations and amendments to provided by the agency for good cause.5 unnecessary. regulations that impose additional The final rule merely implements a As required by the Congressional reporting, disclosures, or other new technical correction to the amendatory Review Act, the OCC will submit the requirements on IDIs generally to take text to reflect the text of the OREO final final rule and other appropriate reports effect on the first day of a calendar rule for purposes of accurate printing in to Congress and the Government quarter that begins on or after the date the Code of Federal Regulations and has Accountability Office for review. on which the regulations are published 6 in final form, with certain exceptions, no substantive effect. Therefore, the C. Paperwork Reduction Act OCC similarly finds good cause to including for good cause.14 For the dispense with the 30-day delayed The Paperwork Reduction Act of 1995 reasons described above, the OCC finds effective date. (44 U.S.C. 3501–3521) (PRA) states that good cause exists under section 302 of no agency may conduct or sponsor, nor RCDRIA to publish this final rule with B. Congressional Review Act is the respondent required to respond an immediate effective date. For purposes of Congressional Review to, an information collection unless it As such, the final rule will be Act, the OMB makes a determination as displays a currently valid OMB control effective on July 17, 2020. number. The final rule does not affect to whether a final rule constitutes a F. Use of Plain Language ‘‘major’’ rule.7 If a rule is deemed a any current information collections for ‘‘major rule’’ by the Office of 12 CFR part 34. Section 722 of the Gramm-Leach- Bliley Act 15 requires the Federal Management and Budget (OMB), the D. Regulatory Flexibility Act Congressional Review Act generally banking agencies to use plain language provides that the rule may not take The Regulatory Flexibility Act in all proposed and final rules effect until at least 60 days following its (RFA) 11 requires an agency to consider published after January 1, 2000. The publication.8 whether the rules it proposes will have OCC has sought to present the final rule The Congressional Review Act defines a significant economic impact on a in a simple and straightforward manner. 12 a ‘‘major rule’’ as any rule that the substantial number of small entities. G. Unfunded Mandates Administrator of the Office of The RFA applies only to rules for which As a general matter, the Unfunded Information and Regulatory Affairs of an agency publishes a general notice of Mandates Act of 1995 (UMRA), 2 U.S.C. the OMB finds has resulted in or is proposed rulemaking pursuant to 5 1531 et seq., requires the preparation of likely to result in (A) an annual effect U.S.C. 553(b). As discussed previously, a budgetary impact statement before on the economy of $100,000,000 or consistent with section 553(b)(B) of the promulgating a rule that includes a more; (B) a major increase in costs or APA, the OCC has determined for good Federal mandate that may result in the prices for consumers, individual cause that general notice and opportunity for public comment is expenditure by State, local, and tribal industries, Federal, State, or local governments, in the aggregate, or by the government agencies or geographic unnecessary, and therefore the OCC has not issued a notice of proposed private sector, of $100 million or more regions, or (C) significant adverse effects in any one year. However, the UMRA on competition, employment, rulemaking. Accordingly, the OCC has concluded that the RFA’s requirements does not apply to final rules for which investment, productivity, innovation, or a general notice of proposed rulemaking on the ability of United States-based relating to initial and final regulatory flexibility analysis do not apply. was not published. See 2 U.S.C. 1532(a). enterprises to compete with foreign- Therefore, because the OCC has found based enterprises in domestic and E. Riegle Community Development and good cause to dispense with notice and 9 export markets. Regulatory Improvement Act of 1994 comment for this final rule, the OCC has For the same reasons set forth above, Pursuant to section 302(a) of the not prepared a budgetary impact the OCC is adopting the final rule statement for the rule under the UMRA. without the delayed effective date Riegle Community Development and generally prescribed under the Regulatory Improvement Act List of Subjects in 12 CFR Part 34 (RCDRIA),13 in determining the effective Congressional Review Act. The delayed Appraisal, Appraiser, Banks, Banking, date and administrative compliance effective date required by the Consumer protection, Credit, Mortgages, requirements for new regulations that Congressional Review Act does not National banks, Reporting and impose additional reporting, disclosure, apply to any rule for which an agency recordkeeping requirements, Savings or other requirements on insured for good cause finds (and incorporates associations, Truth in lending. the finding and a brief statement of depository institutions (IDIs), each Federal banking agency must consider, For the reasons stated in the reasons therefor in the rule issued) that preamble, the Office of the Comptroller notice and public procedure thereon are consistent with the principle of safety and soundness and the public interest, of the Currency amends 12 CFR part 34 impracticable, unnecessary, or contrary as follows: to the public interest.10 In light of the any administrative burdens that such fact that the final rule has no regulations would place on depository PART 34—REAL ESTATE LENDING substantive effect and merely institutions, including small depository AND APPRAISALS implements a technical correction to the institutions, and customers of amendatory text to reflect the text of the depository institutions, as well as the ■ 1. The authority citation for part 34 OREO final rule for purposes of accurate continues to read as follows: 11 5 U.S.C. 601 et seq. Authority: 12 U.S.C. 1 et seq., 25b, 29, 93a, 12 Under regulations issued by the Small Business 5 5 U.S.C. 553(d). 371, 1462a, 1463, 1464, 1465, 1701j–3, Administration, a small entity includes a depository 6 1828(o), 3331 et seq., 5101 et seq., and 5 U.S.C. 553(d)(1). institution, bank holding company, or savings and 7 5 U.S.C. 801 et seq. loan holding company with total assets of $600 5412(b)(2)(B) and 15 U.S.C. 1639h. 8 5 U.S.C. 801(a)(3). million or less and trust companies with total assets 9 5 U.S.C. 804(2). of $41.5 million or less. See 13 CFR 121.201. 14 12 U.S.C. 4802. 10 5 U.S.C. 808. 13 12 U.S.C. 4802(a). 15 12 U.S.C. 4809.

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43422 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

Subpart E—Other Real Estate Owned Send comments on or before August 31, finds that, for the same reason, good 2020. cause exists for adopting these special § 34.83 [Amended] ADDRESSES: Send comments identified conditions upon publication in the ■ 2. In § 34.83 amend paragraph (a)(3)(i) by Docket No. FAA–2020–0285 using Federal Register. introductory text by adding ‘‘or Federal any of the following methods: Comments Invited savings association’’ after ‘‘national • Federal eRegulations Portal: Go to bank’’ wherever it occurs. http://www.regulations.gov/ http:// The FAA invites interested people to www.regulations.gov/ and follow the take part in this rulemaking by sending Brian P. Brooks, online instructions for sending your written comments, data, or views. The Acting Comptroller of the Currency. comments electronically. most helpful comments reference a [FR Doc. 2020–14108 Filed 7–16–20; 8:45 am] • Mail: Send comments to Docket specific portion of the special BILLING CODE 4810–33–P Operations, M–30, U.S. Department of conditions, explain the reason for any Transportation (DOT), 1200 New Jersey recommended change, and include Avenue SE, Room W12–140, West supporting data. DEPARTMENT OF TRANSPORTATION Building Ground Floor, Washington, DC The FAA will consider all comments 20590–0001. received by the closing date for Federal Aviation Administration • Hand Delivery or Courier: Take comments. The FAA may change these comments to Docket Operations in special conditions based on the 14 CFR Part 25 Room W12–140 of the West Building comments received. Ground Floor at 1200 New Jersey Background [Docket No. FAA–2020–0285; Special Avenue SE, Washington, DC, between 9 Conditions No. 25–771–SC] a.m. and 5 p.m., Monday through On February 1, 2019, Avidyne Special Conditions: Avidyne Friday, except Federal holidays. Corporation applied for a supplemental • Fax: Fax comments to Docket Corporation, Textron Aviation Inc. type certificate for Avidyne Corporation Operations at 202–493–2251. Model 550, 560, and 560XL Airplanes; avionics connected to the aircraft- Privacy: The FAA will post all Electronic-System Security Protection control domain and airline information- comments it receives, without change, From Unauthorized External Access services domain in Textron Model 550, to http://www.regulations.gov/, 560, and 560XL airplanes. AGENCY: Federal Aviation including any personal information the The Model 550 is a twin-engine, Administration (FAA), DOT. commenter provides. Using the search transport-category airplane with a ACTION: Final special conditions; request function of the docket website, anyone maximum takeoff weight of 14,800 for comments. can find and read the electronic form of pounds, and seating for up to 11 all comments received into any FAA passengers, depending upon SUMMARY: These special conditions are docket, including the name of the configuration. issued for Textron Aviation Inc. individual sending the comment (or The Model 560 is a twin-engine, (Textron) Model 550, 560, and 560XL signing the comment for an association, transport-category airplane with a airplanes. These airplanes, as modified business, labor union, etc.). DOT’s maximum takeoff weight of 16,630 by Avidyne Corporation, will have a complete Privacy Act Statement can be pounds, and seating for up to 11 novel or unusual design feature when found in the Federal Register published passengers, depending upon compared to the state of technology on April 11, 2000 (65 FR 19477–19478). configuration. envisioned in the airworthiness Docket: Background documents or The Model 560XL is a twin-engine, standards for transport category comments received may be read at transport-category airplane with a airplanes. This design feature is http://www.regulations.gov/ at any time. maximum takeoff weight of 20,200 Avidyne Corporation avionics that Follow the online instructions for pounds, and seating for up to 12 allow external connection to previously accessing the docket or go to Docket passengers, depending upon isolated data networks, which are Operations in Room W12–140 of the configuration. connected to systems that perform West Building Ground Floor at 1200 functions required for the safe operation New Jersey Avenue SE, Washington, Type Certification Basis of the airplane. This feature creates a DC, between 9 a.m. and 5 p.m., Monday Under the provisions of title 14, Code potential for unauthorized persons to through Friday, except Federal holidays. of Federal Regulations (14 CFR) 21.101, access the aircraft-control domain and FOR FURTHER INFORMATION CONTACT: Avidyne Corporation must show that airline information-services domain, Varun Khanna, Airplane and Flightcrew the Textron Model 550, 560, and 560XL and presents security vulnerabilities Interface Section, AIR–671, Transport airplanes, as changed, continue to meet related to the introduction of computer Standards Branch, Policy and the applicable provisions of the viruses and worms, user errors, and Innovation Division, Aircraft regulations listed in Type Certificate No. intentional sabotage of airplane Certification Service, Federal Aviation A22CE or the applicable regulations in electronic assets (networks, systems, Administration, 2200 South 216th effect on the date of application for the and databases). The applicable Street, Des Moines, Washington 98198; change, except for earlier amendments airworthiness regulations do not contain telephone and fax 206–231–3159; email as agreed upon by the FAA. adequate or appropriate safety standards [email protected]. If the Administrator finds that the for this design feature. These special SUPPLEMENTARY INFORMATION: The applicable airworthiness regulations conditions contain the additional safety substance of these special conditions (i.e., 14 CFR part 25) do not contain standards that the Administrator has been published in the Federal adequate or appropriate safety standards considers necessary to establish a level Register for public comment in several for Textron Model 550, 560, and 560XL of safety equivalent to that established prior instances with no substantive airplanes because of a novel or unusual by the existing airworthiness standards. comments received. Therefore, the FAA design feature, special conditions are DATES: This action is effective on has determined that prior public notice prescribed under the provisions of Avidyne Corporation on July 17, 2020. and comment are unnecessary, and § 21.16.

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43423

Special conditions are initially the current system safety assessment effective electronic-system security applicable to the model for which they policy and techniques do not address protection strategies are implemented to are issued. Should the applicant apply potential security vulnerabilities, which protect the airplane from all adverse for a supplemental type certificate to could be exploited by unauthorized impacts on safety, functionality, and modify any other model included on the access to airplane networks, data buses, continued airworthiness. same type certificate to incorporate the and servers. Therefore, these special 3. The applicant must establish same novel or unusual design feature, conditions ensure that the security (i.e., appropriate procedures to allow the these special conditions would also confidentiality, integrity, and operator to ensure that continued apply to the other model under § 21.101. availability) of airplane systems is not airworthiness of the airplane is In addition to the applicable compromised by unauthorized wired or maintained, including all post-type- airworthiness regulations and special wireless electronic connections. certification modifications that may conditions, Textron Model 550, 560, These special conditions contain the have an impact on the approved and 560XL airplanes must comply with additional safety standards that the electronic-system security safeguards. the fuel-vent and exhaust-emission Administrator considers necessary to Issued in Des Moines, Washington, on July requirements of 14 CFR part 34, and the establish a level of safety equivalent to 7, 2020. noise-certification requirements of 14 that established by the existing James E. Wilborn, CFR part 36. airworthiness standards. Acting Manager, Transport Standards The FAA issues special conditions, as Applicability Branch, Policy and Innovation Division, defined in 14 CFR 11.19, in accordance Aircraft Certification Service. with § 11.38, and they become part of As discussed above, these special the type certification basis under conditions are applicable to Textron [FR Doc. 2020–14992 Filed 7–16–20; 8:45 am] § 21.101. Model 550, 560, and 560XL airplanes. BILLING CODE 4910–13–P Should Avidyne Corporation apply at a Novel or Unusual Design Features later date for a supplemental type DEPARTMENT OF TRANSPORTATION The Textron Model 550, 560, and certificate to modify any other model 560XL airplanes, as modified by included on Type Certificate No. A22CE Federal Aviation Administration Avidyne Corporation, will incorporate to incorporate the same novel or the following novel or unusual design unusual design feature, these special 14 CFR Part 25 features: conditions would apply to that model as Avidyne Corporation avionics that well. [Docket No. FAA–2020–0286; Special allow external connection to previously Conditions No. 25–772–SC] isolated data networks, which are Conclusion Special Conditions: Avidyne connected to systems that perform This action affects only certain novel Corporation, Textron Aviation Inc. functions required for the safe operation or unusual design features on one model Model 550, 560, and 560XL Airplanes; of the airplane. of airplane. It is not a rule of general Electronic-System Security Protection Discussion applicability and affects only the From Unauthorized Internal Access applicant who applied to the FAA for The Textron Model 550, 560, and approval of the features on the airplane. AGENCY: Federal Aviation 560XL airplanes’ architecture and Administration (FAA), DOT. List of Subjects in 14 CFR Part 25 network configuration is novel or ACTION: Final special conditions; request unusual for commercial transport Aircraft, Aviation safety, Reporting for comments. airplanes because it may allow and recordkeeping requirements. increased connectivity to and access SUMMARY: These special conditions are from external network sources and Authority Citation issued for Textron Aviation Inc. airline operations and maintenance The authority citation for these (Textron) Model 550, 560, and 560XL networks to the airplane control domain special conditions is as follows: airplanes. These airplanes, as modified and airline information services Authority: 49 U.S.C. 106(f), 106(g), 40113, by Avidyne Corporation, will have a domain. The airplane control domain 44701, 44702, 44704. novel or unusual design feature when and airline information-services domain compared to the state of technology perform functions required for the safe The Special Conditions envisioned in the airworthiness operation and maintenance of the D Accordingly, pursuant to the standards for transport category airplane. Previously, these domains had authority delegated to me by the airplanes. This design feature is very limited connectivity with external Administrator, the following special Avidyne Corporation avionics that network sources. This data network and conditions are issued as part of the type allow internal connection to previously design integration creates a potential for certification basis for Textron Model isolated data networks, which are unauthorized persons to access the 550, 560, and 560XL airplanes, as connected to systems that perform aircraft-control domain and airline modified by Avidyne Corporation, for functions required for the safe operation information-services domain, and airplane electronic-system security of the airplane. This feature creates a presents security vulnerabilities related protection from unauthorized external potential for unauthorized persons to to the introduction of computer viruses access. access the aircraft-control domain and and worms, user errors, and intentional 1. The applicant must ensure airplane airline information-services domain, sabotage of airplane electronic assets electronic-system security protection and presents security vulnerabilities (networks, systems, and databases) from access by unauthorized sources related to the introduction of computer critical to the safety and maintenance of external to the airplane, including those viruses and worms, user errors, and the airplane. possibly caused by maintenance intentional sabotage of airplane The existing regulations and guidance activity. electronic assets (networks, systems, material did not anticipate these types 2. The applicant must ensure that and databases). The applicable of airplane system architectures. electronic-system security threats are airworthiness regulations do not contain Furthermore, 14 CFR regulations and identified and assessed, and that adequate or appropriate safety standards

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43424 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

for this design feature. These special SUPPLEMENTARY INFORMATION: The (i.e., 14 CFR part 25) do not contain conditions contain the additional safety substance of these special conditions adequate or appropriate safety standards standards that the Administrator has been published in the Federal for Textron Model 550, 560, and 560XL considers necessary to establish a level Register for public comment in several airplanes because of a novel or unusual of safety equivalent to that established prior instances with no substantive design feature, special conditions are by the existing airworthiness standards. comments received. Therefore, the FAA prescribed under the provisions of DATES: This action is effective on has determined that prior public notice § 21.16. Avidyne Corporation on July 17, 2020. and comment are unnecessary, and Special conditions are initially Send comments on or before August 31, finds that, for the same reason, good applicable to the model for which they 2020. cause exists for adopting these special are issued. Should the applicant apply ADDRESSES: Send comments identified conditions upon publication in the for a supplemental type certificate to by Docket No. FAA–2020–0286 using Federal Register. modify any other model included on the same type certificate to incorporate the any of the following methods: Comments Invited • Federal eRegulations Portal: Go to same novel or unusual design feature, http://www.regulations.gov/ http:// The FAA invites interested people to these special conditions would also www.regulations.gov/ and follow the take part in this rulemaking by sending apply to the other model under § 21.101. online instructions for sending your written comments, data, or views. The In addition to the applicable comments electronically. most helpful comments reference a airworthiness regulations and special • Mail: Send comments to Docket specific portion of the special conditions, Textron Model 550, 560, Operations, M–30, U.S. Department of conditions, explain the reason for any and 560XL airplanes must comply with Transportation (DOT), 1200 New Jersey recommended change, and include the fuel-vent and exhaust-emission Avenue SE, Room W12–140, West supporting data. requirements of 14 CFR part 34, and the Building Ground Floor, Washington, DC The FAA will consider all comments noise-certification requirements of 14 20590–0001. received by the closing date for CFR part 36. • Hand Delivery or Courier: Take comments. The FAA may change these The FAA issues special conditions, as comments to Docket Operations in special conditions based on the defined in 14 CFR 11.19, in accordance Room W12–140 of the West Building comments received. with § 11.38, and they become part of the type certification basis under Ground Floor at 1200 New Jersey Background § 21.101. Avenue SE, Washington, DC, between 9 On February 1, 2019, Avidyne a.m. and 5 p.m., Monday through Corporation applied for a supplemental Novel or Unusual Design Features Friday, except Federal holidays. type certificate for Avidyne Corporation The Textron Model 550, 560, and • Fax: Fax comments to Docket avionics connected to the aircraft- 560XL airplanes, as modified by Operations at 202–493–2251. control domain and airline information- Avidyne Corporation, will incorporate Privacy: The FAA will post all services domain in Textron Model 550, the following novel or unusual design comments it receives, without change, 560, and 560XL airplanes. features: to http://www.regulations.gov/, The Model 550 is a twin-engine, Avidyne Corporation avionics that including any personal information the transport-category airplane with a allow internal connection to previously commenter provides. Using the search maximum takeoff weight of 14,800 isolated data networks, which are function of the docket website, anyone pounds, and seating for up to 11 connected to systems that perform can find and read the electronic form of passengers, depending upon functions required for the safe operation all comments received into any FAA configuration. of the airplane. docket, including the name of the The Model 560 is a twin-engine, Discussion individual sending the comment (or transport-category airplane with a signing the comment for an association, maximum takeoff weight of 16,630 The Textron Model 550, 560, and business, labor union, etc.). DOT’s pounds, and seating for up to 11 560XL airplanes’ architecture is novel or complete Privacy Act Statement can be passengers, depending upon unusual for commercial transport found in the Federal Register published configuration. airplanes because it allows connection on April 11, 2000 (65 FR 19477–19478). The Model 560XL is a twin-engine, to previously isolated data networks Docket: Background documents or transport-category airplane with a connected to systems that perform comments received may be read at maximum takeoff weight of 20,200 functions required for the safe operation http://www.regulations.gov/ at any time. pounds, and seating for up to 12 of the airplane. This data network and Follow the online instructions for passengers, depending upon design integration creates a potential for accessing the docket or go to Docket configuration. unauthorized persons to access the Operations in Room W12–140 of the aircraft-control domain and airline West Building Ground Floor at 1200 Type Certification Basis information-services domain, and New Jersey Avenue SE, Washington, Under the provisions of title 14, Code presents security vulnerabilities related DC, between 9 a.m. and 5 p.m., Monday of Federal Regulations (14 CFR) 21.101, to the introduction of computer viruses through Friday, except Federal holidays. Avidyne Corporation must show that and worms, user errors, and intentional FOR FURTHER INFORMATION CONTACT: the Textron Model 550, 560, and 560XL sabotage of airplane electronic assets Varun Khanna, Airplane and Flightcrew airplanes, as changed, continue to meet (networks, systems, and databases) Interface Section, AIR–671, Transport the applicable provisions of the critical to the safety and maintenance of Standards Branch, Policy and regulations listed in Type Certificate No. the airplane. Innovation Division, Aircraft A22CE or the applicable regulations in The existing regulations and guidance Certification Service, Federal Aviation effect on the date of application for the material did not anticipate this type of Administration, 2200 South 216th change, except for earlier amendments system architecture or electronic access Street, Des Moines, Washington 98198; as agreed upon by the FAA. to airplane systems. Furthermore, 14 telephone and fax 206–231–3159; email If the Administrator finds that the CFR regulations and the current system- [email protected]. applicable airworthiness regulations safety assessment policy and techniques

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43425

do not address potential security 2. The applicant must establish inspection at the National Archives and vulnerabilities, which could be appropriate procedures to allow the Records Administration (NARA). For exploited by unauthorized access to operator to ensure that continued information on the availability of FAA airplane networks and servers. airworthiness of the airplane is Order 7400.11D at NARA, email Therefore, these special conditions maintained, including all post-type- [email protected] or go to https:// ensure that the security of airplane certification modifications that may www.archives.gov/federal-register/cfr/ systems and networks is not have an impact on the approved ibr-locations.html. compromised by unauthorized wired or electronic-system security safeguards. FOR FURTHER INFORMATION CONTACT: wireless internal access. Issued in Des Moines, Washington, on July Jeffrey Claypool, Federal Aviation These special conditions contain the 7, 2020. Administration, Operations Support additional safety standards that the James E. Wilborn, Group, Central Service Center, 10101 Administrator considers necessary to Acting Manager, Transport Standards Hillwood Parkway, Fort Worth, TX establish a level of safety equivalent to Branch, Policy and Innovation Division, 76177; telephone (817) 222–5711. that established by the existing Aircraft Certification Service. SUPPLEMENTARY INFORMATION: airworthiness standards. [FR Doc. 2020–14990 Filed 7–16–20; 8:45 am] Authority for This Rulemaking Applicability BILLING CODE 4910–13–P As discussed above, these special The FAA’s authority to issue rules conditions are applicable to Textron regarding aviation safety is found in Model 550, 560, and 560XL airplanes. DEPARTMENT OF TRANSPORTATION Title 49 of the United States Code. Subtitle I, Section 106 describes the Should Avidyne Corporation apply at a Federal Aviation Administration later date for a supplemental type authority of the FAA Administrator. Subtitle VII, Aviation Programs, certificate to modify any other model 14 CFR Part 71 included on Type Certificate No. A22CE describes in more detail the scope of the to incorporate the same novel or [Docket No. FAA–2020–0321; Airspace agency’s authority. This rulemaking is unusual design feature, these special Docket No. 20–AGL–17] promulgated under the authority described in Subtitle VII, Part A, conditions would apply to that model as RIN 2120–AA66 well. Subpart I, Section 40103. Under that Amendment of Class D and E Airspace section, the FAA is charged with Conclusion and Establishment of Class E prescribing regulations to assign the use This action affects only certain novel Airspace; Alton/St. Louis, IL of airspace necessary to ensure the or unusual design features on one model safety of aircraft and the efficient use of of airplane. It is not a rule of general AGENCY: Federal Aviation airspace. This regulation is within the applicability and affects only the Administration (FAA), DOT. scope of that authority as it amends the applicant who applied to the FAA for ACTION: Final rule. Class D airspace and Class E airspace approval of the features on the airplane. area designated as an extension to a SUMMARY: This action amends the Class Class D surface area and establishes List of Subjects in 14 CFR Part 25 D airspace and Class E airspace area Class E airspace extending upward from Aircraft, Aviation safety, Reporting designated as an extension to a Class D 700 feet above the surface at St. Louis and recordkeeping requirements. surface area and establishes Class E Regional Airport, Alton/St. Louis, IL, to airspace extending upward from 700 support instrument flight rule Authority Citation feet above the surface at St. Louis operations at this airport. The authority citation for these Regional Airport, Alton/St. Louis, IL. special conditions is as follows: This action is the result of an airspace History review caused by the decommissioning The FAA published a notice of Authority: 49 U.S.C. 106(f), 106(g), 40113, of the outer marker to runway 29 at St. 44701, 44702, 44704. proposed rulemaking in the Federal Louis Regional Airport. The geographic Register (85 FR 27188; May 7, 2020) for The Special Conditions coordinates of the airport are also being Docket No. FAA–2020–0321 to amend D Accordingly, pursuant to the updated to coincide with the FAA’s the Class D airspace and Class E authority delegated to me by the aeronautical database. airspace area designated as an extension Administrator, the following special DATES: Effective 0901 UTC, November 5, to a Class D surface area and establish conditions are issued as part of the type 2020. The Director of the Federal Class E airspace extending upward from certification basis for Textron Model Register approves this incorporation by 700 feet above the surface at St. Louis 550, 560, and 560XL airplanes, as reference action under Title 1 Code of Regional Airport, Alton/St. Louis, IL. modified by Avidyne Corporation, for Federal Regulations part 51, subject to Interested parties were invited to airplane electronic-system security the annual revision of FAA Order participate in this rulemaking effort by protection from unauthorized internal 7400.11 and publication of conforming submitting written comments on the access. amendments. proposal to the FAA. No comments 1. The applicant must ensure that the ADDRESSES: FAA Order 7400.11D, were received. design provides isolation from, or Airspace Designations and Reporting Class D and E airspace designations airplane electronic-system security Points, and subsequent amendments can are published in paragraph 5000, 6004, protection against, access by be viewed online at https:// and 6005, respectively, of FAA Order unauthorized sources internal to the www.faa.gov/air_traffic/publications/. 7400.11D, dated August 8, 2019, and airplane. The design must prevent For further information, you can contact effective September 15, 2019, which is inadvertent and malicious changes to, the Airspace Policy Group, Federal incorporated by reference in 14 CFR and all adverse impacts upon, airplane Aviation Administration, 800 71.1. The Class D and E airspace equipment, systems, networks, or other Independence Avenue SW, Washington, designations listed in this document assets required for safe flight and DC 20591; telephone: (202) 267–8783. will be published subsequently in the operations. The Order is also available for Order.

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43426 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

Availability and Summary of Louis Regional Airport; and within 2.5 Adoption of the Amendment ° Documents for Incorporation by miles each side of the 008 bearing from In consideration of the foregoing, the Reference the Civic Memorial NDB extending from Federal Aviation Administration This document amends FAA Order the 6.9-mile radius of the airport to 7 amends 14 CFR part 71 as follows: 7400.11D, Airspace Designations and miles north of the Civic Memorial NDB. Reporting Points, dated August 8, 2019, (This airspace was previously contained PART 71—DESIGNATION OF CLASS A, and effective September 15, 2019. FAA within the St. Louis, MO, Class E B, C, D, AND E AIRSPACE AREAS; AIR Order 7400.11D is publicly available as airspace extending upward from 700 TRAFFIC SERVICE ROUTES; AND listed in the ADDRESSES section of this feet above the surface airspace legal REPORTING POINTS document. FAA Order 7400.11D lists description; however, with this ■ 1. The authority citation for part 71 Class A, B, C, D, and E airspace areas, amendment, the airspace no longer continues to read as follows: air traffic service routes, and reporting adjoins, and a separate airspace legal points. description is being established by this Authority: 49 U.S.C. 106(f), 106(g); 40103, action.) 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, The Rule 1959–1963 Comp., p. 389. This action is the result of an airspace This amendment to Title 14 Code of review caused by the decommissioning § 71.1 [Amended] Federal Regulations (14 CFR) part 71: of the outer marker to runway 29 at St. ■ Amends the Class D airspace at St. 2. The incorporation by reference in Louis Regional Airport which provided 14 CFR 71.1 of FAA Order 7400.11D, Louis Regional Airport, Alton/St. Louis, navigational information to this airport. IL, to within a 4.4-mile (increased from Airspace Designations and Reporting 4.2-mile) radius of the airport; updates FAA Order 7400.11, Airspace Points, dated August 8, 2019, and the header of the airspace legal Designations and Reporting Points, is effective September 15, 2019, is description to Alton/St. Louis, IL published yearly and effective on amended as follows: (previously Alton, IL) to coincide with September 15. Paragraph 5000 Class D Airspace. the FAA’s aeronautical database; Regulatory Notices and Analyses * * * * * removes the city associated with the airport in the airspace legal description The FAA has determined that this AGL IL D Alton/St. Louis, IL [Amended] St. Louis Regional Airport, IL to comply with changes to FAA Order regulation only involves an established ° ′ ″ ° ′ ″ 7400.2M, Procedures for Handling body of technical regulations for which (Lat. 38 53 24 N, long. 90 02 46 W) Airspace Matters; updates the frequent and routine amendments are That airspace extending upward from the geographic coordinates of the airport to necessary to keep them operationally surface to and including 3,000 feet MSL within a 4.4-mile radius of the St. Louis coincide with the FAA’s aeronautical current, is non-controversial and Regional Airport, excluding that airspace database; updates the name of the St. unlikely to result in adverse or negative within the St. Louis, MO, Class B airspace Louis, MO, Class B (previously Lambert- comments. It, therefore: (1) Is not a area. This Class D airspace area is effective St. Louis International Airport, MO, ‘‘significant regulatory action’’ under during the specific dates and times Class B) to coincide with FAA Order Executive Order 12866; (2) is not a established in advance by a Notice to 7400.11D, Airspace Designations and ‘‘significant rule’’ under DOT Airmen. The effective date and time will Reporting Points; and replaces the Regulatory Policies and Procedures (44 thereafter be continuously published in the Chart Supplement. outdated term ‘‘Airport/Facility FR 11034; February 26, 1979); and (3) Directory’’ with ‘‘Chart Supplement’’; does not warrant preparation of a Paragraph 6004 Class E Airspace Areas Amends the Class E airspace area regulatory evaluation as the anticipated Designated as an Extension to a Class D or designated as an extension to a Class D impact is so minimal. Since this is a Class E Surface Area. surface area at St. Louis Regional routine matter that only affects air traffic * * * * * Airport to within 2.5 miles (decreased procedures and air navigation, it is AGL IL E4 Alton/St. Louis, IL [Amended] from 2.6 miles) each side of the 008° certified that this rule, when (previously 012°) bearing from the Civic St. Louis Regional Airport, IL promulgated, does not have a significant (Lat. 38°53′24″ N, long. 90°02′46″ W) Memorial NDB (previously St. Louis economic impact on a substantial Civic Memorial NDB Regional Airport) extending from the number of small entities under the (Lat. 38°53′32″ N, long. 90°03′23″ W) 4.4-mile (increased from 4.2-mile) criteria of the Regulatory Flexibility Act. That airspace extending upward from the radius of St. Louis Regional Airport to surface within 2.5 miles each side of the 008° 7 miles (increased from 6.1 miles) north Environmental Review bearing from the Civic Memorial NDB of the Civic Memorial NDB (previously extending from the 4.4-mile radius of the St. The FAA has determined that this the airport); updates the header of the Louis Regional Airport to 7 miles north of the airspace legal description to Alton/St. action qualifies for categorical exclusion Civic Memorial NDB. This Class E airspace Louis, IL (previously Alton, IL) to under the National Environmental area is effective during the specific dates and coincide with the FAA’s aeronautical Policy Act in accordance with FAA times established in advance by a Notice to Airmen. The effective date and time will database; removes the city associated Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures,’’ thereafter be continuously published in the with the airport in the airspace legal Chart Supplement. description to comply with changes to paragraph 5–6.5.a. This airspace action FAA Order 7400.2M; updates the is not expected to cause any potentially Paragraph 6005 Class E Airspace Areas geographic coordinates of the airport to significant environmental impacts, and Extending Upward From 700 Feet or More Above the Surface of the Earth. coincide with the FAA’s aeronautical no extraordinary circumstances exist database; and replaces the outdated that warrant preparation of an * * * * * environmental assessment. term ‘‘Airport/Facility Directory’’ with AGL IL E5 Alton/St. Louis, IL [Establish] ‘‘Chart Supplement’’; Lists of Subjects in 14 CFR Part 71 St. Louis Regional Airport, IL And establishes Class E airspace (Lat. 38°53′24″ N, long. 90°02′46″ W) extending upward from 700 feet above Airspace, Incorporation by reference, Civic Memorial NDB the surface within a 6.9-mile radius St. Navigation (air). (Lat. 38°53′32″ N, long. 90°03′23″ W)

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43427

That airspace extending upward from 700 FOR FURTHER INFORMATION CONTACT: The Rule feet above the surface within a 6.9-mile Jeffrey Claypool, Federal Aviation This amendment to Title 14 Code of radius of St. Louis Regional Airport, and Administration, Operations Support within 2.5 miles each side of the 008° bearing Federal Regulations (14 CFR) part 71 from the Civic Memorial NDB extending from Group, Central Service Center, 10101 amends the Class E airspace extending the 6.9-mile radius of the airport to 7 miles Hillwood Parkway, Fort Worth, TX upward from 700 feet above the surface north of the Civic Memorial NDB. 76177; telephone (817) 222–5711. of Webster City Municipal Airport, Issued in Fort Worth, Texas, on July 13, SUPPLEMENTARY INFORMATION: Webster City, IA, by removing the 2020. Webster City NDB and associated Authority for This Rulemaking Martin A. Skinner, extension from the airspace legal Acting Manager, Operations Support Group, The FAA’s authority to issue rules description; and updates the geographic ATO Central Service Center. regarding aviation safety is found in coordinates of the airport to coincide [FR Doc. 2020–15360 Filed 7–16–20; 8:45 am] Title 49 of the United States Code. with the FAA’s aeronautical database. This action is due to an airspace BILLING CODE 4910–13–P Subtitle I, Section 106 describes the review due to the decommissioning of authority of the FAA Administrator. the Webster City NDB which provided Subtitle VII, Aviation Programs, navigation information to the DEPARTMENT OF TRANSPORTATION describes in more detail the scope of the instrument procedures at this airport. agency’s authority. This rulemaking is Federal Aviation Administration FAA Order 7400.11, Airspace promulgated under the authority Designations and Reporting Points, is described in Subtitle VII, Part A, 14 CFR Part 71 published yearly and effective on Subpart I, Section 40103. Under that September 15. [Docket No. FAA–2020–0398; Airspace section, the FAA is charged with Docket No. 20–ACE–8] prescribing regulations to assign the use Regulatory Notices and Analyses RIN 2120–AA66 of airspace necessary to ensure the The FAA has determined that this safety of aircraft and the efficient use of regulation only involves an established Amendment of Class E Airspace; airspace. This regulation is within the body of technical regulations for which Webster City, IA scope of that authority as it amends the frequent and routine amendments are Class E airspace extending upward from AGENCY: necessary to keep them operationally Federal Aviation 700 feet above the surface at Webster Administration (FAA), DOT. current, is non-controversial and City Municipal Airport, Webster City, unlikely to result in adverse or negative ACTION: Final rule. IA, to support instrument flight rule comments. It, therefore: (1) Is not a SUMMARY: This action amends the Class operations at this airport. ‘‘significant regulatory action’’ under E airspace extending upward from 700 History Executive Order 12866; (2) is not a feet above the surface at Webster City ‘‘significant rule’’ under DOT Municipal Airport, Webster City, IA. The FAA published a notice of Regulatory Policies and Procedures (44 This action is the result of an airspace proposed rulemaking in the Federal FR 11034; February 26, 1979); and (3) review due to the decommissioning of Register (85 FR 27333; May 8, 2020) for does not warrant preparation of a the Webster City non-directional beacon Docket No. FAA–2020–0398 to amend regulatory evaluation as the anticipated (NDB). The geographic coordinates of the Class E airspace extending upward impact is so minimal. Since this is a the airport are also being updated to from 700 feet above the surface at routine matter that only affects air traffic coincide with the FAA’s aeronautic Webster City Municipal Airport, procedures and air navigation, it is database. Webster City, IA. Interested parties were certified that this rule, when DATES: Effective 0901 UTC, November 5, invited to participate in this rulemaking promulgated, does not have a significant 2020. The Director of the Federal effort by submitting written comments economic impact on a substantial Register approves this incorporation by on the proposal to the FAA. No number of small entities under the reference action under Title 1 Code of comments were received. criteria of the Regulatory Flexibility Act. Federal Regulations part 51, subject to Class E airspace designations are Environmental Review the annual revision of FAA Order published in paragraph 6005 of FAA The FAA has determined that this 7400.11 and publication of conforming Order 7400.11D, dated August 8, 2019, action qualifies for categorical exclusion amendments. and effective September 15, 2019, which is incorporated by reference in 14 CFR under the National Environmental ADDRESSES: FAA Order 7400.11D, Policy Act in accordance with FAA Airspace Designations and Reporting 71.1. The Class E airspace designations listed in this document will be Order 1050.1F, ‘‘Environmental Points, and subsequent amendments can Impacts: Policies and Procedures,’’ be viewed online at https:// published subsequently in the Order. _ paragraph 5–6.5.a. This airspace action www.faa.gov/air traffic/publications/. Availability and Summary of is not expected to cause any potentially For further information, you can contact Documents for Incorporation by significant environmental impacts, and the Airspace Policy Group, Federal Reference no extraordinary circumstances exist Aviation Administration, 800 that warrant preparation of an Independence Avenue SW, Washington, This document amends FAA Order environmental assessment. DC 20591; telephone: (202) 267–8783. 7400.11D, Airspace Designations and The Order is also available for Reporting Points, dated August 8, 2019, Lists of Subjects in 14 CFR Part 71 inspection at the National Archives and and effective September 15, 2019. FAA Airspace, Incorporation by reference, Records Administration (NARA). For Order 7400.11D is publicly available as Navigation (air). information on the availability of FAA listed in the ADDRESSES section of this Order 7400.11D at NARA, email: document. FAA Order 7400.11D lists Adoption of the Amendment [email protected] or go to https:// Class A, B, C, D, and E airspace areas, In consideration of the foregoing, the www.archives.gov/federal-register/cfr/ air traffic service routes, and reporting Federal Aviation Administration ibr-locations.html. points. amends 14 CFR part 71 as follows:

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43428 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

PART 71—DESIGNATION OF CLASS A, Register approves this incorporation by proposal to the FAA. No comments B, C, D, AND E AIRSPACE AREAS; AIR reference action under Title 1 Code of were received. TRAFFIC SERVICE ROUTES; AND Federal Regulations part 51, subject to Class E airspace designations are REPORTING POINTS the annual revision of FAA Order published in paragraph 6005 of FAA 7400.11 and publication of conforming Order 7400.11D, dated August 8, 2019, ■ 1. The authority citation for part 71 amendments. and effective September 15, 2019, which continues to read as follows: is incorporated by reference in 14 CFR ADDRESSES: FAA Order 7400.11D, Authority: 49 U.S.C. 106(f), 106(g); 40103, Airspace Designations and Reporting 71.1. The Class E airspace designations 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Points, and subsequent amendments can listed in this document will be 1959–1963 Comp., p. 389. be viewed online at https:// published subsequently in the Order. § 71.1 [Amended] www.faa.gov/air_traffic/publications/. Availability and Summary of ■ 2. The incorporation by reference in For further information, you can contact Documents for Incorporation by 14 CFR 71.1 of FAA Order 7400.11D, the Airspace Policy Group, Federal Reference Airspace Designations and Reporting Aviation Administration, 800 This document amends FAA Order Points, dated August 8, 2019, and Independence Avenue SW, Washington, 7400.11D, Airspace Designations and effective September 15, 2019, is DC 20591; telephone: (202) 267–8783. Reporting Points, dated August 8, 2019, amended as follows: The Order is also available for and effective September 15, 2019. FAA inspection at the National Archives and Paragraph 6005 Class E Airspace Areas Order 7400.11D is publicly available as Records Administration (NARA). For listed in the ADDRESSES section of this Extending Upward From 700 Feet or More information on the availability of FAA Above the Surface of the Earth. document. FAA Order 7400.11D lists Order 7400.11D at NARA, email: * * * * * Class A, B, C, D, and E airspace areas, [email protected] or go to https:// air traffic service routes, and reporting ACE IA E5 Webster City, IA [Amended] www.archives.gov/federal-register/cfr/ points. Webster City Municipal Airport, IA ibr-locations.html. ° ′ ″ ° ′ ″ The Rule (Lat. 42 26 11 N, long. 93 52 08 W) FOR FURTHER INFORMATION CONTACT: That airspace extending upward from 700 Jeffrey Claypool, Federal Aviation This amendment to Title 14 Code of feet above the surface within a 6.4-mile Administration, Operations Support Federal Regulations (14 CFR) part 71 radius of Webster City Municipal Airport. Group, Central Service Center, 10101 amends the Class E airspace extending Issued in Fort Worth, Texas, on July 13, Hillwood Parkway, Fort Worth, TX upward from 700 feet above the surface 2020. 76177; telephone (817) 222–5711. by removing the Waukon VORTAC and Martin A. Skinner, associated extension from the airspace SUPPLEMENTARY INFORMATION: Acting Manager, Operations Support Group, legal description of Decorah Municipal ATO Central Service Center. Authority for This Rulemaking Airport, Decorah, IA; and updates the [FR Doc. 2020–15362 Filed 7–16–20; 8:45 am] name of Winneshiek Medical Center The FAA’s authority to issue rules BILLING CODE 4910–13–P (previously Winneshiek County regarding aviation safety is found in Memorial Hospital), Decorah, IA, to Title 49 of the United States Code. coincide with the FAA’s aeronautical DEPARTMENT OF TRANSPORTATION Subtitle I, Section 106 describes the database. authority of the FAA Administrator. Subsequent to publication of the Federal Aviation Administration Subtitle VII, Aviation Programs, NPRM the FAA discovered that the describes in more detail the scope of the name of Winneshiek Medical Center 14 CFR Part 71 agency’s authority. This rulemaking is was not updated within the Decorah, IA, promulgated under the authority [Docket No. FAA–2020–0376; Airspace airspace legal description. That error is Docket No. 20–ACE–7] described in Subtitle VII, Part A, corrected in this action. Subpart I, Section 40103. Under that This action is necessary due to an RIN 2120–AA66 section, the FAA is charged with airspace review caused by the prescribing regulations to assign the use decommissioning of the Waukon VHF Amendment of Class E Airspace; of airspace necessary to ensure the Decorah, IA omnidirectional range (VOR) navigation safety of aircraft and the efficient use of aids, which provided navigation AGENCY: Federal Aviation airspace. This regulation is within the information for the instrument Administration (FAA), DOT. scope of that authority as it amends the procedures this airport, as part of the ACTION: Final rule. Class E airspace extending upward from VOR MON Program. 700 feet above the surface at Decorah FAA Order 7400.11, Airspace SUMMARY: This action amends the Class Municipal Airport, Decorah, IA, to Designations and Reporting Points, is E airspace extending upward from 700 support instrument flight rule published yearly and effective on feet above the surface at Decorah operations at this airport. September 15. Municipal Airport, Decorah, IA. This action is the result of an airspace review History Regulatory Notices and Analyses caused by the decommissioning of the The FAA published a notice of The FAA has determined that this Waukon VHF omnidirectional range proposed rulemaking in the Federal regulation only involves an established (VOR) navigation aids as part of the Register (85 FR 27183; May 7, 2020) for body of technical regulations for which VOR Minimum Operational Network Docket No. FAA–2020–0376 to amend frequent and routine amendments are (MON) Program. The name of the the Class E airspace extending upward necessary to keep them operationally Winneshiek Medical Center, Decorah, from 700 feet above the surface at current, is non-controversial and IA, is also being updated to coincide Decorah Municipal Airport, Decorah, unlikely to result in adverse or negative with the FAA’s aeronautical database. IA. Interested parties were invited to comments. It, therefore: (1) Is not a DATES: Effective 0901 UTC, November 5, participate in this rulemaking effort by ‘‘significant regulatory action’’ under 2020. The Director of the Federal submitting written comments on the Executive Order 12866; (2) is not a

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43429

‘‘significant rule’’ under DOT within a 6-mile radius of the Point in Space The Order is also available for Regulatory Policies and Procedures (44 serving Winneshiek Medical Center. inspection at the National Archives and FR 11034; February 26, 1979); and (3) Issued in Fort Worth, Texas, on July 13, Records Administration (NARA). For does not warrant preparation of a 2020. information on the availability of FAA regulatory evaluation as the anticipated Martin A. Skinner, Order 7400.11D at NARA, email impact is so minimal. Since this is a Acting Manager, Operations Support Group, [email protected] or go to https:// routine matter that only affects air traffic ATO Central Service Center. www.archives.gov/federal-register/cfr/ procedures and air navigation, it is [FR Doc. 2020–15361 Filed 7–16–20; 8:45 am] ibr-locations.html. certified that this rule, when BILLING CODE 4910–13–P FOR FURTHER INFORMATION CONTACT: promulgated, does not have a significant Jeffrey Claypool, Federal Aviation economic impact on a substantial Administration, Operations Support number of small entities under the DEPARTMENT OF TRANSPORTATION Group, Central Service Center, 10101 criteria of the Regulatory Flexibility Act. Hillwood Parkway, Fort Worth, TX Federal Aviation Administration Environmental Review 76177; telephone (817) 222–5711. SUPPLEMENTARY INFORMATION: The FAA has determined that this 14 CFR Part 71 action qualifies for categorical exclusion [Docket No. FAA–2020–0319; Airspace Authority for This Rulemaking under the National Environmental Docket No. 20–ACE–5] The FAA’s authority to issue rules Policy Act in accordance with FAA RIN 2120–AA66 regarding aviation safety is found in Order 1050.1F, ‘‘Environmental Title 49 of the United States Code. Impacts: Policies and Procedures,’’ Amendment of Class D and E Subtitle I, Section 106 describes the paragraph 5–6.5.a. This airspace action Airspace; St. Louis, MO authority of the FAA Administrator. is not expected to cause any potentially Subtitle VII, Aviation Programs, significant environmental impacts, and AGENCY: Federal Aviation describes in more detail the scope of the no extraordinary circumstances exist Administration (FAA), DOT. agency’s authority. This rulemaking is that warrant preparation of an ACTION: Final rule. promulgated under the authority environmental assessment. described in Subtitle VII, Part A, SUMMARY: This action amends the Class Subpart I, Section 40103. Under that Lists of Subjects in 14 CFR Part 71 D airspace and Class E surface airspace section, the FAA is charged with at Spirit of St. Louis Airport, St. Louis, Airspace, Incorporation by reference, prescribing regulations to assign the use MO, and the Class E airspace extending Navigation (air). of airspace necessary to ensure the upward from 700 feet above the surface safety of aircraft and the efficient use of Adoption of the Amendment at St. Louis Lambert International airspace. This regulation is within the Airport, St. Louis, MO, Spirit of St. In consideration of the foregoing, the scope of that authority as it amends the Louis Airport, and St. Charles County Federal Aviation Administration Class D airspace and the Class E surface Smartt Airport, St. Charles, MO, and amends 14 CFR part 71 as follows: airspace at Spirit of St. Louis Airport, removes St. Louis Regional Airport, St. Louis, MO, and the Class E airspace PART 71—DESIGNATION OF CLASS A, Alton/St. Louis, IL. This action is the extending upward from 700 feet above B, C, D, AND E AIRSPACE AREAS; AIR result of airspace reviews caused by the the surface at St. Louis Lambert TRAFFIC SERVICE ROUTES; AND decommissioning of the Cardinal VHF International Airport, St. Louis, MO, REPORTING POINTS omnidirectional range (VOR) navigation Spirit of St. Louis Airport, and St. aid as part of the VOR Minimum Charles County Smartt Airport, St. ■ 1. The authority citation for part 71 Operational Network (MON) Program; Charles, MO, which is contained within continues to read as follows: and the decommissioning of the outer the St. Louis, MO, airspace legal markers for runways 12R, 24, and 30L Authority: 49 U.S.C. 106(f), 106(g); 40103, description, and removing St. Louis 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, at St. Louis Lambert International Regional Airport, Alton/St. Louis, IL, 1959–1963 Comp., p. 389. Airport. Airport and navigational aid which is contained within the St. Louis, names are also being updated to § 71.1 [Amended] MO, airspace legal description, to coincide with the FAA’s aeronautical support IFR operations at these airports. ■ 2. The incorporation by reference in database. 14 CFR 71.1 of FAA Order 7400.11D, (FAA Docket No. FAA–2020–0321/ DATES: Effective 0901 UTC, November 5, Airspace Docket 20–AGL–17 will create Airspace Designations and Reporting 2020. The Director of the Federal Points, dated August 8, 2019, and an independent Class E airspace Register approves this incorporation by extending upward from 700 feet above effective September 15, 2019, is reference action under Title 1 Code of amended as follows: the surface airspace legal description for Federal Regulations part 51, subject to Alton/St. Louis, IL, and will become Paragraph 6005 Class E Airspace Areas the annual revision of FAA Order effective coincidentally with this Extending Upward From 700 Feet or More 7400.11 and publication of conforming action.) Above the Surface of the Earth. amendments. * * * * * ADDRESSES: FAA Order 7400.11D, History ACE IA E5 Decorah, IA [Amended] Airspace Designations and Reporting The FAA published a notice of Points, and subsequent amendments can proposed rulemaking in the Federal Decorah Municipal Airport, IA ° ′ ″ ° ′ ″ be viewed online at https:// Register (85 FR 26898; May 6, 2020) for (Lat. 43 16 32 N, long. 91 44 22 W) _ Winneshiek Medical Center, IA Point in www.faa.gov/air traffic/publications/. Docket No. FAA–2020–0319 to amend Space Coordinates For further information, you can contact the Class D airspace and the Class E (Lat. 43°16′57″ N, long. 91°45′56″ W) the Airspace Policy Group, Federal surface airspace at Spirit of St. Louis That airspace extending upward from 700 Aviation Administration, 800 Airport, St. Louis, MO, and the Class E feet above the surface within a 6.4-mile Independence Avenue SW, Washington, airspace extending upward from 700 radius of Decorah Municipal Airport, and DC 20591; telephone: (202) 267–8783. feet above the surface at St. Louis

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43430 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

Lambert International Airport, St. Louis, Localizer and the associated extension ‘‘Class E airspace area.’’ That error is MO, Spirit of St. Louis Airport, and St. from the airspace legal description, as it corrected in this action. Charles County Smartt Airport, St. is no longer needed; removes the This action is the result of airspace Charles, MO, which is contained within ZUMAY LOM and the associated reviews caused by the decommissioning the St. Louis, MO, airspace legal extension from the airspace legal of the Cardinal VHF omnidirectional description, and removing St. Louis description, as it is no longer needed; range (VOR) navigation aid, which Regional Airport, Alton/St. Louis, IL, removes the OBLIO LOM and the provided navigation information for the which is contained within the St. Louis, associated extension from the airspace instrument procedures at these airports, MO, airspace legal description. legal description, as it is no longer as part of the VOR MON Program; and Interested parties were invited to needed; updates the name of the St. participate in this rulemaking effort by Louis Lambert International Airport the decommissioning of the outer submitting written comments on the (previously Lambert-St. Louis markers for runways 12R, 24, and 30L proposal to the FAA. No comments International Airport) to coincide with at St. Louis Lambert International were received. the FAA’s aeronautical database; Airport. Class D and E airspace designations updates the bearing of the east extension FAA Order 7400.11, Airspace are published in paragraph 5000, 6002, of Spirit of St. Louis Airport to 078° Designations and Reporting Points, is and 6005 of FAA Order 7400.11D, dated (previously 079°); updating the name of published yearly and effective on August 8, 2019, and effective September the Spirit of St. Louis: RWY 26L–LOC September 15. 15, 2019, which is incorporated by (previously Spirit of St. Louis Runway reference in 14 CFR 71.1. The Class D 26L Localizer) to coincide with the Regulatory Notices and Analyses and E airspace designations listed in FAA’s aeronautical database; updates The FAA has determined that this this document will be published the extension east of the Spirit of St. regulation only involves an established subsequently in the Order. Louis: RWY 26L–LOC to within 3.8 body of technical regulations for which Availability and Summary of miles (decreased from 4.1 miles) north frequent and routine amendments are and 5.7 miles (decreased from 6.4 miles) Documents for Incorporation by necessary to keep them operationally south of the 078° (previously 079°) Reference current, is non-controversial and bearing from the Spirit of St. Louis: unlikely to result in adverse or negative This document amends FAA Order RWY 26L–LOC extending from the 6.9- 7400.11D, Airspace Designations and mile radius of the Spirit of St. Louis comments. It, therefore: (1) Is not a Reporting Points, dated August 8, 2019, Airport to 10.6 miles (decreased from ‘‘significant regulatory action’’ under and effective September 15, 2019. FAA 11.3 miles) east of the Spirit of St. Louis: Executive Order 12866; (2) is not a Order 7400.11D is publicly available as RWY 26L–LOC; updates the bearing of ‘‘significant rule’’ under DOT listed in the ADDRESSES section of this the west extension of Spirit of St. Louis Regulatory Policies and Procedures (44 document. FAA Order 7400.11D lists Airport to 258° (previously 259°); adds FR 11034; February 26, 1979); and (3) Class A, B, C, D, and E airspace areas, an extension at St. Charles County does not warrant preparation of a air traffic service routes, and reporting Smartt Airport, St. Charles, MO, within regulatory evaluation as the anticipated points. 3.3 miles each side of the 028° radial impact is so minimal. Since this is a The Rule from the St. Louis VORTAC extending routine matter that only affects air traffic from the 6.4-mile radius of St. Charles procedures and air navigation, it is This amendment to Title 14 Code of certified that this rule, when Federal Regulations (14 CFR) part 71: County Smartt Airport to 12.4 miles promulgated, does not have a significant Amends the Class D airspace at Spirit northeast of St. Charles County Smartt of St. Louis Airport, St. Louis, MO, by Airport; and removes St. Louis Regional economic impact on a substantial updating the bearing of the east Airport, Alton/St. Louis, IL, which is number of small entities under the extension to 078° (previously 079°); and contained within the St. Louis, MO, criteria of the Regulatory Flexibility Act. airspace legal description, and the Civic updating the bearing of the west Environmental Review extension to 258° (previously 259°); Memorial NDB and the associated north Amends the Class E surface area at and south extensions from St. Louis The FAA has determined that this Spirit of St. Louis Airport by updating Regional Airport. (A separate airspace action qualifies for categorical exclusion the bearing of the east extension to 078° review of St. Louis Regional Airport under the National Environmental (previously 079°); and updating the resulted in the Class E airspace Policy Act in accordance with FAA bearing of the west extension to 258° extending upward from 700 feet above Order 1050.1F, ‘‘Environmental (previously 259°); the surface at St. Louis Regional Airport Impacts: Policies and Procedures,’’ Amends the Class E airspace no longer adjoining the St. Louis, MO, paragraph 5–6.5.a. This airspace action extending upward from 700 feet above Class E airspace extending upward from is not expected to cause any potentially 700 feet above the surface. As a result, the surface at St. Louis Lambert significant environmental impacts, and a separate Class E airspace extending International Airport, St. Louis, MO, to no extraordinary circumstances exist upward from 700 feet above the surface within an 8.5-mile (increased from 7.1- that warrant preparation of an airspace legal description will be mile) radius of the airport; removes the environmental assessment. St. Louis Lambert International Runway created for Alton/St. Louis, IL, under 24 Localizer and the associated FAA Docket No. FAA–2020–0321/ Lists of Subjects in 14 CFR Part 71 extension from the airspace legal Airspace Docket 20–AGL–17 and will be description, as it is no longer needed; become effective coincidentally with Airspace, Incorporation by reference, removes the St. Louis Lambert this action.) Navigation (air). International Runway 12R Localizer and Subsequent to publication of the Adoption of the Amendment the associated extension from the NPRM, the FAA discovered that the airspace legal description, as it is no Class E surface airspace at Spirit of St. In consideration of the foregoing, the longer needed; removes the St. Louis Louis Airport, St. Louis, MO, incorrectly Federal Aviation Administration Lambert International Runway 30L stated ‘‘Class D airspace area’’ vice amends 14 CFR part 71 as follows:

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43431

PART 71—DESIGNATION OF CLASS A, (Lat. 38°44′55″ N, long. 90°22′12″ W) DATES: Effective 0901 UTC, November 5, B, C, D, AND E AIRSPACE AREAS; AIR Spirit of St. Louis Airport, MO 2020. The Director of the Federal ° ′ ″ ° ′ ″ TRAFFIC SERVICE ROUTES; AND (Lat. 38 39 44 N, long. 90 39 07 W) Register approves this incorporation by REPORTING POINTS St. Charles County Smartt Airport, MO reference action under Title 1 Code of (Lat. 38°55′47″ N, long. 90°25′48″ W) Federal Regulations part 51, subject to ■ St. Louis VORTAC 1. The authority citation for part 71 (Lat. 38°51′38″ N, long. 90°28′57″ W) the annual revision of FAA Order continues to read as follows: Spirit of St. Louis: RWY 26L–LOC 7400.11 and publication of conforming Authority: 49 U.S.C. 106(f), 106(g); 40103, (Lat. 38°39′26″ N, long. 90°39′48″ W) amendments. 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, That airspace extending upward from 700 ADDRESSES: FAA Order 7400.11D, 1959–1963 Comp., p. 389. feet above the surface within an 8.5-mile Airspace Designations and Reporting radius of St. Louis Lambert International § 71.1 [Amended] Points, and subsequent amendments can Airport, and within a 6.9-mile radius of be viewed online at https:// ■ 2. The incorporation by reference in Spirit of St. Louis Airport, and within 2.5 _ ° www.faa.gov/air traffic/publications/. 14 CFR 71.1 of FAA Order 7400.11D, miles each side of the 078 bearing from the For further information, you can contact Airspace Designations and Reporting Spirit of St. Louis Airport extending from the 6.9-mile radius of the airport to 8.1 miles east the Airspace Policy Group, Federal Points, dated August 8, 2019, and of the airport, and within 3.8 miles north and Aviation Administration, 800 effective September 15, 2019, is 5.7 miles south of the 078° bearing from the Independence Avenue SW, Washington, amended as follows: Spirit of St. Louis: RWY 26L–LOC extending DC 20591; telephone: (202) 267–8783. Paragraph 5000 Class D Airspace. from the 6.9-mile radius of the Spirit of St. The Order is also available for Louis Airport to 10.6 miles east of the Spirit * * * * * inspection at the National Archives and of St. Louis: RWY 26L–LOC, and within 3.9 Records Administration (NARA). For ° ACE MO D St. Louis, MO [Amended] miles each side of the 258 bearing from the information on the availability of FAA Spirit of St. Louis Airport extending from the Spirit of St. Louis Airport, MO Order 7400.11D at NARA, email ° ′ ″ ° ′ ″ 6.9-mile radius of the airport to 10.6 miles (Lat. 38 39 44 N, long. 90 39 07 W) west of the airport, and within a 6.4-mile [email protected] or go to https:// That airspace extending upward from the radius of St. Charles County Smartt Airport, www.archives.gov/federal-register/cfr/ surface to and including 3,000 feet within a and within 3.3 miles each side of the 028° ibr-locations.html. 4.4-mile radius of Spirit of St. Louis Airport, radial from the St. Louis VORTAC extending ° FOR FURTHER INFORMATION CONTACT: and within 1 mile each side of the 078 from the 6.4-mile radius of St. Charles Jeffrey Claypool, Federal Aviation bearing from the airport extending from the County Smartt Airport to 12.4 miles Administration, Operations Support 4.4-mile radius to 4.6 miles east of the northeast of the airport. airport, and within 1 mile each side of the Group, Central Service Center, 10101 258° bearing from the airport extending from Issued in Fort Worth, Texas, on July 13, Hillwood Parkway, Fort Worth, TX the 4.4-mile radius to 4.6 miles west of the 2020. 76177; telephone (817) 222–5711. airport, excluding that airspace within the St. Martin A. Skinner, SUPPLEMENTARY INFORMATION: Louis, MO Class B airspace area. This Class Acting Manager, Operations Support Group, D airspace area is effective during the ATO Central Service Center. Authority for This Rulemaking specific dates and times established in [FR Doc. 2020–15359 Filed 7–16–20; 8:45 am] The FAA’s authority to issue rules advance by a Notice to Airmen. The effective BILLING CODE 4910–13–P regarding aviation safety is found in dates and times will thereafter be continuously published in the Chart Title 49 of the United States Code. Supplement. Subtitle I, Section 106 describes the DEPARTMENT OF TRANSPORTATION authority of the FAA Administrator. Paragraph 6002 Class E Airspace Areas Subtitle VII, Aviation Programs, Designated as Surface Areas. Federal Aviation Administration describes in more detail the scope of the * * * * * agency’s authority. This rulemaking is 14 CFR Part 71 ACE MO E2 St. Louis, MO [Amended] promulgated under the authority Spirit of St. Louis Airport, MO [Docket No. FAA–2020–0377; Airspace described in Subtitle VII, Part A, (Lat. 38°39′44″ N, long. 90°39′07″ W) Docket No. 20–AGL–20] Subpart I, Section 40103. Under that section, the FAA is charged with That airspace extending upward from the RIN 2120–AA66 surface to and including 3,000 feet within a prescribing regulations to assign the use 4.4-mile radius of Spirit of St. Louis Airport, Amendment of Class E Airspace; of airspace necessary to ensure the and within 1 mile each side of the 078° Winner, SD safety of aircraft and the efficient use of bearing from the airport extending from the airspace. This regulation is within the 4.4-mile radius to 4.6 miles east of the AGENCY: Federal Aviation scope of that authority as it amends the airport, and within 1 mile each side of the Administration (FAA), DOT. Class E airspace extending upward from 258° bearing from the airport extending from ACTION: Final rule. 700 feet above the surface at Winner the 4.4-mile radius to 4.6 miles west of the Regional Airport, Winner, SD, to airport, excluding that airspace within the St. SUMMARY: This action amends the Class Louis, MO Class B airspace area. This Class support instrument flight rule E airspace area is effective during the specific E airspace extending upward from 700 operations at this airport. feet above the surface at Winner dates and times established in advance by a History Notice to Airmen. The effective dates and Regional Airport, Winner, SD. This times will thereafter be continuously action as the result of an airspace review The FAA published a notice of published in the Chart Supplement. caused by the decommissioning of the proposed rulemaking in the Federal Paragraph 6005 Class E Airspace Areas Winner VHF omnidirectional range Register (85 FR 27339; May 8, 2020) for Extending Upward From 700 Feet or More (VOR) navigation aid as part of the VOR Docket No. FAA–2020–0377 to amend Above the Surface of the Earth. Minimum Operational Network (MON) the Class E airspace extending upward * * * * * Program. The name and geographic from 700 feet above the surface at coordinates of the airport are also being Winner Regional Airport, Winner, SD. ACE MO E5 St. Louis, MO [Amended] updated to coincide with the FAA’s Interested parties were invited to St. Louis Lambert International Airport, MO aeronautical database. participate in this rulemaking effort by

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43432 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

submitting written comments on the regulatory evaluation as the anticipated DEPARTMENT OF TRANSPORTATION proposal to the FAA. No comments impact is so minimal. Since this is a were received. routine matter that only affects air traffic Federal Aviation Administration Class E airspace designations are procedures and air navigation, it is published in paragraph 6005 of FAA certified that this rule, when 14 CFR Part 71 Order 7400.11D, dated August 8, 2019, promulgated, does not have a significant [Docket No. FAA–2020–0362; Airspace and effective September 15, 2019, which economic impact on a substantial Docket No. 20–AGL–19] is incorporated by reference in 14 CFR number of small entities under the 71.1. The Class E airspace designations criteria of the Regulatory Flexibility Act. RIN 2120–AA66 listed in this document will be Amendment of Class E Airspace; published subsequently in the Order. Environmental Review The FAA has determined that this Baudette, MN Availability and Summary of action qualifies for categorical exclusion AGENCY: Federal Aviation Documents for Incorporation by under the National Environmental Reference Administration (FAA), DOT. Policy Act in accordance with FAA ACTION: Final rule. This document amends FAA Order Order 1050.1F, ‘‘Environmental 7400.11D, Airspace Designations and Impacts: Policies and Procedures,’’ SUMMARY: This action amends the Class Reporting Points, dated August 8, 2019, paragraph 5–6.5.a. This airspace action E airspace extending upward from 700 and effective September 15, 2019. FAA is not expected to cause any potentially feet above the surface at Baudette Order 7400.11D is publicly available as significant environmental impacts, and International Airport, Baudette, MN. listed in the ADDRESSES section of this no extraordinary circumstances exist This action is the result of an airspace document. FAA Order 7400.11D lists that warrant preparation of an review caused by the decommissioning Class A, B, C, D, and E airspace areas, environmental assessment. of the Baudette VHF omnidirectional air traffic service routes, and reporting range (VOR) navigation aid as part of the Lists of Subjects in 14 CFR Part 71 points. VOR Minimum Operational Network Airspace, Incorporation by reference, The Rule (MON) Program. The geographic Navigation (air). coordinates of the airport are also being This amendment to Title 14 Code of Adoption of the Amendment updated to coincide with the FAA’s Federal Regulations (14 CFR) part 71 aeronautical database. In consideration of the foregoing, the amends the Class E airspace extending DATES: Effective 0901 UTC, November 5, Federal Aviation Administration upward from 700 feet above the surface 2020. The Director of the Federal amends 14 CFR part 71 as follows: by removing the Winner VOR and all Register approves this incorporation by associated extensions associated with reference action under Title 1 Code of the Winner Regional Airport, Winner, PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR Federal Regulations part 51, subject to SD, from the airspace legal description; the annual revision of FAA Order removes the city associated with the TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 7400.11 and publication of conforming airport to comply with changes to FAA amendments. Order 7400.2M, Procedures for ■ 1. The authority citation for part 71 ADDRESSES: FAA Order 7400.11D, Handling Airspace Matters; and updates continues to read as follows: Airspace Designations and Reporting the name and geographic coordinates of Points, and subsequent amendments can the Winner Regional Airport (previously Authority: 49 U.S.C. 106(f), 106(g); 40103, be viewed online at https:// Bob Wiley Field) to coincide with the 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. www.faa.gov/air_traffic/publications/. FAA’s aeronautical database. For further information, you can contact This action is the result of an airspace § 71.1 [Amended] review caused by the decommissioning the Airspace Policy Group, Federal ■ 2. The incorporation by reference in of the Winner VOR, which provided Aviation Administration, 800 14 CFR 71.1 of FAA Order 7400.11D, navigation information for the Independence Avenue SW, Washington, Airspace Designations and Reporting instrument procedures this airport, as DC 20591; telephone: (202) 267–8783. Points, dated August 8, 2019, and part of the VOR MON Program. The Order is also available for effective September 15, 2019, is FAA Order 7400.11, Airspace inspection at the National Archives and amended as follows: Designations and Reporting Points, is Records Administration (NARA). For published yearly and effective on Paragraph 6005 Class E Airspace Areas information on the availability of FAA September 15. Extending Upward From 700 Feet or More Order 7400.11D at NARA, email Above the Surface of the Earth. [email protected] or go to https:// Regulatory Notices and Analyses * * * * * www.archives.gov/federal-register/cfr/ The FAA has determined that this ibr-locations.html. AGL SD E5 Winner, SD [Amended] regulation only involves an established FOR FURTHER INFORMATION CONTACT: Winner Regional Airport, SD body of technical regulations for which ° ′ ″ ° ′ ″ Jeffrey Claypool, Federal Aviation frequent and routine amendments are (Lat. 43 23 22 N, long. 99 50 28 W) Administration, Operations Support necessary to keep them operationally That airspace extending upward from 700 Group, Central Service Center, 10101 current, is non-controversial and feet above the surface within a 6.6-mile Hillwood Parkway, Fort Worth, TX radius of the Winner Regional Airport. unlikely to result in adverse or negative 76177; telephone (817) 222–5711. comments. It, therefore: (1) Is not a Issued in Fort Worth, Texas, on July 13, SUPPLEMENTARY INFORMATION: ‘‘significant regulatory action’’ under 2020. Executive Order 12866; (2) is not a Martin A. Skinner, Authority for This Rulemaking ‘‘significant rule’’ under DOT Acting Manager, Operations Support Group, The FAA’s authority to issue rules Regulatory Policies and Procedures (44 ATO Central Service Center. regarding aviation safety is found in FR 11034; February 26, 1979); and (3) [FR Doc. 2020–15364 Filed 7–16–20; 8:45 am] Title 49 of the United States Code. does not warrant preparation of a BILLING CODE 4910–13–P Subtitle I, Section 106 describes the

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43433

authority of the FAA Administrator. navigation information for the Airspace Designations and Reporting Subtitle VII, Aviation Programs, instrument procedures this airport, as Points, dated August 8, 2019, and describes in more detail the scope of the part of the VOR MON Program. effective September 15, 2019, is agency’s authority. This rulemaking is FAA Order 7400.11, Airspace amended as follows: promulgated under the authority Designations and Reporting Points, is Paragraph 6005 Class E Airspace Areas described in Subtitle VII, Part A, published yearly and effective on Extending Upward From 700 Feet or More Subpart I, Section 40103. Under that September 15. Above the Surface of the Earth. section, the FAA is charged with Regulatory Notices and Analyses * * * * * prescribing regulations to assign the use of airspace necessary to ensure the The FAA has determined that this AGL MN E5 Baudette, MN [Amended] safety of aircraft and the efficient use of regulation only involves an established Baudette International Airport, MN airspace. This regulation is within the body of technical regulations for which (Lat. 48°43′49″ N, long. 94°36′40″ W) scope of that authority as it amends the frequent and routine amendments are That airspace extending upward from 700 Class E airspace extending upward from necessary to keep them operationally feet above the surface within a 6.6-mile 700 feet above the surface at Baudette current, is non-controversial and radius of the Baudette International Airport, International Airport, Baudette, MN, to unlikely to result in adverse or negative excluding that airspace outside of the United support instrument flight rule comments. It, therefore: (1) Is not a States. operations at this airport. ‘‘significant regulatory action’’ under Issued in Fort Worth, Texas, on July 13, Executive Order 12866; (2) is not a 2020. History ‘‘significant rule’’ under DOT Martin A. Skinner, Regulatory Policies and Procedures (44 The FAA published a notice of Acting Manager, Operations Support Group, proposed rulemaking in the Federal FR 11034; February 26, 1979); and (3) ATO Central Service Center. does not warrant preparation of a Register (85 FR 27337; May 8, 2020) for [FR Doc. 2020–15363 Filed 7–16–20; 8:45 am] regulatory evaluation as the anticipated Docket No. FAA–2020–0362 to amend BILLING CODE 4910–13–P the Class E airspace extending upward impact is so minimal. Since this is a from 700 feet above the surface at routine matter that only affects air traffic procedures and air navigation, it is Baudette International Airport, DEPARTMENT OF THE TREASURY Baudette, MN. Interested parties were certified that this rule, when promulgated, does not have a significant invited to participate in this rulemaking Internal Revenue Service effort by submitting written comments economic impact on a substantial number of small entities under the on the proposal to the FAA. No 26 CFR Part 300 comments were received. criteria of the Regulatory Flexibility Act. [TD 9903] Class E airspace designations are Environmental Review published in paragraph 6005 of FAA RIN 1545–BP43 Order 7400.11D, dated August 8, 2019, The FAA has determined that this and effective September 15, 2019, which action qualifies for categorical exclusion Preparer Tax Identification Number is incorporated by reference in 14 CFR under the National Environmental (PTIN) User Fee Update Policy Act in accordance with FAA 71.1. The Class E airspace designations Order 1050.1F, ‘‘Environmental AGENCY: Internal Revenue Service (IRS), listed in this document will be Impacts: Policies and Procedures,’’ Treasury. published subsequently in the Order. paragraph 5–6.5.a. This airspace action ACTION: Final regulations. Availability and Summary of is not expected to cause any potentially Documents for Incorporation by significant environmental impacts, and SUMMARY: These final regulations amend Reference no extraordinary circumstances exist existing regulations relating to the imposition of certain user fees on tax This document amends FAA Order that warrant preparation of an return preparers. The final regulations 7400.11D, Airspace Designations and environmental assessment. reduce the amount of the user fee to Reporting Points, dated August 8, 2019, Lists of Subjects in 14 CFR Part 71 apply for or renew a preparer tax and effective September 15, 2019. FAA Airspace, Incorporation by reference, identification number (PTIN) and affect Order 7400.11D is publicly available as Navigation (air). individuals who apply for or renew a listed in the ADDRESSES section of this PTIN. The Independent Offices document. FAA Order 7400.11D lists Adoption of the Amendment Appropriations Act of 1952 authorizes Class A, B, C, D, and E airspace areas, In consideration of the foregoing, the the charging of user fees. air traffic service routes, and reporting Federal Aviation Administration points. DATES: amends 14 CFR part 71 as follows: Effective date: These regulations are The Rule PART 71—DESIGNATION OF CLASS A, effective August 17, 2020. This amendment to Title 14 Code of B, C, D, AND E AIRSPACE AREAS; AIR Applicability date: For the date of Federal Regulations (14 CFR) part 71 TRAFFIC SERVICE ROUTES; AND applicability, see § 300.13(d). amends the Class E airspace extending REPORTING POINTS FOR FURTHER INFORMATION CONTACT: upward from 700 feet above the surface Michael Franklin at (202) 317–6844 (not within a 6.6-mile (decreased from a 7.4- ■ 1. The authority citation for part 71 a toll-free number). mile) radius of Baudette International continues to read as follows: SUPPLEMENTARY INFORMATION: Airport, Baudette, MN; and updates the Authority: 49 U.S.C. 106(f), 106(g); 40103, Background geographic coordinates of the airport to 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, coincide with the FAA’s aeronautical 1959–1963 Comp., p. 389. This document contains amendments database. to 26 CFR part 300 regarding user fees. This action is the result of an airspace § 71.1 [Amended] On April 16, 2020, a notice of proposed review caused by the decommissioning ■ 2. The incorporation by reference in rulemaking (REG–117138–17) proposing of the Baudette VOR, which provided 14 CFR 71.1 of FAA Order 7400.11D, to amend the regulations relating to

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43434 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

imposing a user fee to apply for or The United States Court of Appeals annual renewal period allows the IRS to renew a PTIN was published in the for the District of Columbia Circuit has better administer the PTIN program, Federal Register (85 FR 21126). The ruled that the IRS is authorized to effectively identify and contact return notice proposed decreasing the amount charge a PTIN user fee because preparers, and prevent the unauthorized of the user fee to apply for or renew a providing a PTIN (and the ‘‘associated use of PTINs, thereby benefiting return PTIN from $33, plus $17 payable to a functions’’) is a service that provides a preparers and protecting taxpayers. specific benefit to identifiable third-party contractor, to $21, plus B. Use of a Third-Party Contractor $14.95 payable to a third-party recipients. Montrois v. United States, contractor. The notice contains a 916 F.3d 1056 (D.C. Cir. 2019). Several commenters objected to detailed explanation regarding the Under Office of Management and paying a separate fee to the third-party amendments to these regulations. Budget (OMB) Circular A–25, 58 FR contractor, and some objected to the Eighteen comments responding to the 38142 (July 15, 1993) (OMB Circular A– amount of the fee paid to the third-party notice and two requests for a public 25), Federal agencies that provide contractor. The third-party contractor was chosen hearing were received. A public hearing services that confer benefits on through a competitive bidding process, on the notice was held on May 26, 2020. identifiable recipients are to establish and the amount of the third-party Two commenters testified at the public user fees that recover for the contractor’s fee is reviewed and hearing. After consideration of the government the full cost of providing approved by the IRS. The third-party written comments and testimony, the the service. An agency that seeks to contractor’s costs include more than the Department of the Treasury (Treasury impose a user fee for government- discrete costs of generating a number Department) and the IRS have decided provided services must calculate the full cost of providing those services. Under and are separate from the costs to the to adopt without modification the IRS for administering the PTIN regulations proposed by the notice. OMB Circular A–25, a user fee should be set at an amount that recovers the full application and renewal program. The Summary of Comments cost of providing a service, unless the two portions of the fee pay for different OMB grants an exception. The full cost aspects of administering the PTIN The eighteen comments submitted in program, each of which is essential to response to the notice of proposed of providing a service includes both the direct and indirect costs of providing providing PTINs to tax return preparers. rulemaking are available at As discussed in the preamble to the www.regulations.gov or upon request. the service. As required by OMB Circular A–25, proposed regulations, the third-party Some of the comments that were the IRS conducted a biennial review of contractor performs a number of submitted did not seek modification or the PTIN user fee and determined that valuable functions, including processing clarification of the user fee as set forth the full cost to the IRS to administer the applications to obtain or renew a PTIN in the proposed regulations. Two made PTIN program going forward was and operating a call center. The IRS has no reference to the proposed regulations reduced to $21 per application or determined that it is appropriate to use and their content was unrelated to a renewal. These costs include all costs a third-party contractor to perform these PTIN user fee. Another comment related to administering the PTIN functions. supported a fee but encouraged the IRS program, including costs relating to C. Re-Instituting User Fee During Steele to take enforcement actions against PTIN misuse and maintaining the Litigation return preparers who do not comply integrity of the PTIN program. A with PTIN requirements. The summary description of the categories of activities Three commenters objected to re- of comments below addresses those included in the PTIN user fee and instituting the PTIN user fee during the comments that seek modification or specific examples of the activities pendency of the Steele v. United States clarification of the user fee as set forth included within those categories is litigation in the United States District in the proposed regulations. discussed below in section E. Costing Court for the District of Columbia. In Steele v. United States, 260 F. A. Charging a User Fee and the Amount Methodology. The user fee to apply for Supp. 3d 52 (D.D.C. 2017), the United of the User Fee or renew a PTIN does not recover costs associated with other programs. States District Court for the District of Some commenters objected to the IRS The IRS does not incur lower costs to Columbia concluded that the Treasury imposing a user fee at all or in the provide PTINs to credentialed preparers Department and the IRS lacked the amount charged by the IRS. Some or low-volume preparers than it incurs statutory authority to charge a PTIN user supported the imposition of a fee, while to provide PTINs to uncredentialed fee and enjoined the IRS from charging others stated that the user fee was too preparers or high-volume preparers. a PTIN user fee. On March 1, 2019, the high or too low. The IRS also received Similarly, the costs to the IRS to renew United States Court of Appeals for the comments that requested lower user fees a PTIN are the same as the costs to issue District of Columbia Circuit reversed the for certain classes of return preparers. a new PTIN. Accordingly, the amount of district court’s decision and lifted the Two comments stated that individuals the user fee should be the same injunction against charging the PTIN with credentials should pay a reduced regardless of the return preparer’s status user fee. See Montrois v. United States, fee for obtaining or renewing a PTIN and regardless of whether the 916 F.3d 1056 (D.C. Cir. 2019) (holding and two comments stated that low- application is an original or a renewal. that a PTIN provides tax return volume return preparers should pay a The Treasury Department and the IRS preparers a specific benefit by allowing reduced fee or no fee for obtaining or have determined that the annual them to provide an identifying number renewing a PTIN. Similarly, some renewal of a PTIN is the most effective that is not a social security number on commenters requested the renewal fee renewal period. An annual renewal returns they prepare and stating that the be lower than the amount of the initial period ensures the IRS has up-to-date permissible amount of the fee would be application fee or that the IRS adopt a identifying information about each the same regardless of whether the longer renewal period. One commenter return preparer, which benefits return specific benefit was instead the ability suggested that certain return preparers preparers, their clients, and the IRS in to prepare tax returns for with existing PTINs should not be ensuring the timely communication of compensation). In accordance with the charged for PTIN renewal. important information. Further, the opinion of the United States Court of

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43435

Appeals for the District of Columbia to estimate the direct costs attributable management, peak season planning and Circuit, the IRS is authorized to charge to the PTIN program, and overhead implementation, off-season system a PTIN user fee for the service of allocation. enhancements, program metrics providing return preparers a PTIN. As described in the preamble to the reporting and data extracts, managing Despite the ongoing litigation with proposed regulations, the IRS uses system changes, addressing system respect to the amount of the user fee, the various cost-measurement techniques to defects and data anomalies, system IRS is authorized to resume charging a estimate the direct costs attributable to training materials, cloud service fee because the district court’s the program. These techniques include provider hosting, customer contact injunction was vacated. After the using various timekeeping systems to center hosting, system capacity injunction was lifted, and in accordance measure the time required to monitoring and performance, IT with the biennial review requirement in accomplish activities, or using coordination and remote server platform OMB Circular A–25, the IRS has re- information provided by subject-matter issues for e-authentication, registration determined costs that the government experts on the time devoted to a system and database refinements, continues to incur for providing PTINs program. To determine the labor and enterprise life cycle documentation, site and administering the PTIN program benefits cost incurred to administer the visits and contractor assessments, and re-calculated the amount of the user PTIN program, the IRS estimated the specialized IT security training, identity fee. OMB Circular A–25 states that user number of full-time employees required theft protection, and work related to the fees should be collected in advance of to conduct activities related to the PTIN PTIN call center. Communications or simultaneously with the provision of program. The number of full-time activities include correspondence with a service. The PTIN user fee is collected employees is based on both current return preparers, including renewal when return preparers apply for or employment numbers and future hiring notifications, development of system renew their PTINs during the estimates. Other direct costs associated generated messaging, website application season, which begins with administering the PTIN program messaging, FOIA posting of PTIN holder annually in October. include contract costs and travel, list, and stakeholder communications. training, supplies, printing, and other Budget and finance activities include D. COVID–19 Pandemic miscellaneous costs. user fee review and cost modeling, Two commenters objected to re- The preamble to the proposed payment tracking and accountability, instituting the fee during the COVID–19 regulations also describes the staffing requisitions and obligations of funds, pandemic. The demand and need for tax and other costs incurred in operational budgeting and funding return preparation services should administering the PTIN program. based on actual and projected PTIN user continue despite the pandemic. As Staffing costs are incurred by the Return fee receipts, third-party contacts related return preparers continue to prepare Preparer Office (RPO) in the IRS and to PTIN matters (requests from returns, they must continue to use relate to conducting certain suitability Congress, Treasury Inspector General for current PTINs to do so, and the checks, foreign preparer processing, Tax Administration, and Government government continues to incur costs for handling compliance and complaint Accountability Office), developing and providing PTINs and administering the activities, information technology and updating Internal Revenue Manual PTIN program, which should be contract-related support, content, and certain human resources recovered by charging a fee. In the communications, budgeting and activities. Program oversight and absence of charging a fee to return finance, and program oversight and support includes oversight and support preparers, taxpayers would bear the support. Examples of the specific in the RPO over these PTIN functions. costs the IRS incurs of providing PTINs activities that are included within those OMB Circular A–25 does not require and associated functions. categories include, but are not limited the IRS to account for and describe to, the following activities. Suitability E. Costing Methodology activities unrelated to providing PTINs checks include work involving specially and administering the PTIN program One commenter made a number of designated nationals,1 incarcerated that are not included in the costs other objections broadly relating to the return preparers, enjoined return recovered in the PTIN user fee. The IRS IRS’s costing methodology detailed in preparers, and professional designation has accounted for all activities properly the proposed regulations. The same checks on certain individuals. Foreign included in the PTIN user fee. commenter and one other commenter preparer processing includes the IRS The preamble to the proposed questioned the direct costs incurred by processing of PTIN applications for regulations also describes how the IRS the IRS in administering the PTIN foreign persons who are not eligible to calculated the overhead rate and program. The IRS properly follows obtain a social security number and overhead costs. Overhead is an indirect generally accepted accounting have a permanent non-U.S. address. cost of operating an organization that is principles (GAAP) in calculating the full Compliance and complaint activities not specifically identifiable with an cost of administering the PTIN program include work involving compromised activity. Overhead includes costs of in accordance with Statement of Federal and misused PTINs and identity theft resources that are jointly or commonly Financial Accounting Standards related PTINs, expired PTINs, legacy consumed by one or more (SFFAS) No. 4, which establishes PTINs, ghost return preparers (returns organizational unit’s activities but are internal costing standards to accurately prepared without a PTIN), processing not specifically identifiable to a single measure and manage the full cost of complaints, and penalty referrals. activity. Federal programs. The preamble to the Information technology and contract- Accordingly, the proposed regulations proposed regulations provides the related support activities include are adopted without change. methodology by which the IRS contract oversight, background Special Analyses determined the full cost of the PTIN investigations and training for program. It details the use of cost contractor personnel, contractor The OMB’s Office of Information and centers, which are the lowest performance reviews, records Regulatory Analysis has determined that organizational unit in the IRS’s cost- these regulations are significant and accounting system, the implementation 1 https://www.treasury.gov/resource-center/ subject to review under section 6(b) of of various cost-measurement techniques sanctions/SDN-List/Pages/default.aspx. Executive Order 12866.

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43436 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

Pursuant to the Regulatory Flexibility PART 300—USER FEES Electronic Availability Act (5 U.S.C. chapter 6), it is hereby Paragraph 1. The authority citation This document and additional certified that these final regulations will information concerning OFAC are not have a significant economic impact for part 300 continues to read as follows: available on OFAC’s website on a substantial number of small (www.treasury.gov/ofac). entities. The final regulations affect all Authority: 31 U.S.C. 9701. Background individuals who prepare or assist in Par. 2. Section 300.12 is amended by preparing all or substantially all of a tax revising paragraphs (b) and (d) to read On September 4, 2019, OFAC issued return or claim for refund for as follows: the Nicaragua Sanctions Regulations, 31 compensation. Only individuals, not CFR part 582 (84 FR 46440, September businesses, can have a PTIN. Thus, the § 300.13 Fee for obtaining a preparer tax 4, 2019) (the ‘‘Regulations’’) to economic impact of these regulations on identification number. implement Executive Order 13851 of any small entity generally will be a * * * * * November 27, 2018 (‘‘Blocking Property result of an individual tax return (b) Fee. The fee to apply for or renew of Certain Persons Contributing to the preparer who is required to have a PTIN a preparer tax identification number is Situation in Nicaragua’’) (E.O. 13851). owning a small business or a small $21 per year and is in addition to the The regulations were published in business otherwise employing an fee charged by the contractor. abbreviated form for the purpose of individual tax return preparer who is * * * * * providing immediate guidance to the required to have a PTIN. The Treasury (d) Applicability date. This section public. Department and the IRS estimate that applies to applications for or renewal of On December 20, 2018, the President approximately 800,000 individuals will a preparer tax identification number signed the Nicaragua Human Rights and apply annually for an initial or renewal filed on or after August 17, 2020. Anticorruption Act of 2018 (Pub. L. 115–335; 50 U.S.C. 1701 note) (NHRAA) PTIN. Although the final regulations Sunita Lough, will likely affect a substantial number of into law. The NHRAA requires the Deputy Commissioner for Services and President to impose targeted sanctions small entities, the economic impact on Enforcement. those entities is not significant. The on certain persons, including those that Approved: he determines to be responsible for or final regulations will establish a $21 fee David J. Kautter, per application or renewal (plus $14.95 complicit in, or responsible for ordering, Assistant Secretary of the Treasury (Tax controlling, or otherwise directing, or to payable to the contractor), which is a Policy). reduction from the previously have knowingly participated in, directly [FR Doc. 2020–15446 Filed 7–15–20; 4:15 pm] established fee of $33 (plus $17 payable or indirectly, in or in relation to BILLING CODE 4830–01–P to the contractor) per application or Nicaragua on or after April 18, 2018: (i) renewal and will not have a significant Significant acts of violence or conduct economic impact on a small entity. that constitutes a serious abuse or DEPARTMENT OF THE TREASURY Accordingly, the Secretary certifies that violation of human rights against persons associated with the protests in the rule will not have a significant Office of Foreign Assets Control Nicaragua that began on April 18, 2018; economic impact on a substantial (ii) significant actions or policies that number of small entities. 31 CFR Part 582 undermine democratic processes or Pursuant to section 7805(f), the notice institutions; (iii) acts of significant Nicaragua Sanctions Regulations of proposed rulemaking was submitted corruption by or on behalf of the to the Chief Counsel for the Office of AGENCY: Office of Foreign Assets Government of Nicaragua or a current or Advocacy of the Small Business Control, Treasury. former official of the Government of Administration for comment on its ACTION: Final rule. Nicaragua; or (iv) the arrest or impact on small business (85 FR 21126). prosecution of a person primarily No comments on the notice were SUMMARY: The Department of the because of the person’s legitimate received from the Chief Counsel for the Treasury’s Office of Foreign Assets exercise of freedom of speech, assembly, Office of Advocacy of the Small Control (OFAC) is amending the or the press. Business Administration. Nicaragua Sanctions Regulations to This rule amends the authority incorporate the Nicaragua Human citation of the Regulations and the Drafting Information Rights and Anticorruption Act of 2018 delegation section of the Regulations at The principal author of these by updating the authority citation and § 582.802 to add the delegation of regulations is Michael A. Franklin, the prohibited transactions and certain functions with respect to the Office of the Associate Chief Counsel delegation sections. OFAC is also NHRAA. OFAC is also making certain (Procedure and Administration). Other adding a general license authorizing technical edits to the authority citation personnel from the Treasury certain United States government of the Regulations to shorten citations to Department and the IRS participated in activities. conform with Federal Register guidance. the development of the regulations. DATES: This rule is effective July 17, 2020. In subpart B of the Regulations, OFAC List of Subjects in 26 CFR Part 300 is expanding existing § 582.201, which FOR FURTHER INFORMATION CONTACT: relates to prohibited transactions, to Reporting and recordkeeping OFAC: Assistant Director for Licensing, specify that the prohibitions in that requirements, User fees. tel.: 202–622–2480; Assistant Director section include all transactions Adoption of Amendments to the for Regulatory Affairs, tel.: 202–622– prohibited pursuant to E.O. 13851, or Regulations 4855; or Assistant Director for Sanctions any further Executive orders issued Compliance & Evaluation, tel.: 202–622– pursuant to the national emergency Accordingly, 26 CFR part 300 is 2490. declared in E.O. 13851, and any amended as follows: SUPPLEMENTARY INFORMATION: transactions prohibited pursuant to the

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43437

NHRAA. OFAC is also making a number § 582.201 Prohibited transactions. Subpart E—Licenses, Authorizations, of technical and conforming edits in All transactions prohibited pursuant and Statements of Licensing Policy Notes 1 and 2 to § 582.201 related to this to Executive Order 13851 of November ■ change. 27, 2018 (E.O. 13851), or any further 3. Add § 582.509 to read as follows: Finally, OFAC is incorporating a Executive orders issued pursuant to the § 582.509 Official Business of the United general license into subpart E that was national emergency declared in E.O. States Government previously posted only on OFAC’s 13851, and any transactions prohibited All transactions that are for the website. This general license, which is pursuant to the Nicaragua Human being added as new § 582.509, conduct of the official business of the Rights and Anticorruption Act of 2018 United States Government by authorizes the U.S. government to (Pub. L. 115–335; 50 U.S.C. 1701 note) engage in certain activities related to employees, grantees, or contractors (NHRAA), are also prohibited pursuant thereof are authorized. Nicaragua. to this part. Public Participation Note 1 to § 582.201: The names of persons Subpart H—Procedures designated pursuant to E.O. 13851, or listed Because the Regulations involve a ■ 4. Revise § 582.802 to read as follows: foreign affairs function, the provisions in or designated or identified pursuant to any further Executive orders issued pursuant to of Executive Order 12866 and the § 582.802 Delegation of certain authorities the national emergency declared in E.O. by the Secretary of the Treasury. Administrative Procedure Act (5 U.S.C. 13851, whose property and interests in 553) requiring notice of proposed property therefore are blocked pursuant to Any action that the Secretary of the rulemaking, opportunity for public this section, are published in the Federal Treasury is authorized to take pursuant participation, and delay in effective Register and incorporated into OFAC’s to Executive Order 13851 of November date, as well as the provisions of Specially Designated Nationals and Blocked 27, 2018, and any further Executive Executive Order 13771, are Persons List (SDN List) using the following orders relating to the national inapplicable. Because no notice of identifiers: For E.O. 13851: ‘‘[NICARAGUA]’’ emergency declared therein, and any proposed rulemaking is required for this and for any further Executive orders issued action that the Secretary of the Treasury pursuant to the national emergency declared is authorized to take pursuant to rule, the Regulatory Flexibility Act (5 in E.O. 13851: Using the identifier U.S.C. 601–612) does not apply. formulation ‘‘[NICARAGUA–E.O. [E.O. Memorandum of May 24, 2019: Delegation of Functions and Authorities Paperwork Reduction Act number pursuant to which the person’s property and interests in property are under the Nicaragua Human Rights and The collections of information related blocked]]’’. The names of persons designated Anticorruption Act of 2018, May 24, to the Regulations are contained in 31 or identified pursuant to NHRAA will be 2019 (published June 13, 2019), may be CFR part 501 (the ‘‘Reporting, incorporated into the SDN list with the taken by the Director of OFAC or by any Procedures and Penalties Regulations’’). identifier ‘‘[NICARAGUA–NHRAA]’’. The other person to whom the Secretary of Pursuant to the Paperwork Reduction SDN List is accessible through the following the Treasury has delegated authority so Act of 1995 (44 U.S.C. 3507), those page on OFAC’s website: www.treasury.gov/ to act. collections of information have been sdn. Additional information pertaining to the SDN List can be found in appendix A to this Dated: July 13, 2020. approved by the Office of Management chapter. See § 582.406 concerning entities and Budget under control number 1505– Andrea Gacki, that may not be listed on the SDN List but Director, Office of Foreign Assets Control. 0164. An agency may not conduct or whose property and interests in property are sponsor, and a person is not required to nevertheless blocked pursuant to this section. [FR Doc. 2020–15401 Filed 7–16–20; 8:45 am] respond to, a collection of information BILLING CODE 4810–AL–P unless the collection of information Note 2 to § 582.201: The International displays a valid control number. Emergency Economic Powers Act (50 U.S.C. 1701–1706), in Section 203 (50 U.S.C. 1702), DEPARTMENT OF HOMELAND List of Subjects in 31 CFR Part 582 and the NHRAA, in section 5(d)(1), authorize SECURITY Administrative practice and the blocking of property and interests in property of a person during the pendency of Coast Guard procedure, Banks, banking, Blocking of an investigation. The names of persons assets, Nicaragua, Penalties, Reporting whose property and interests in property are and recordkeeping requirements, blocked pending investigation pursuant to 33 CFR Part 165 Sanctions. this section also are published in the Federal [Docket Number USCG–2019–0785] For the reasons set forth in the Register and incorporated into the SDN List preamble, the Department of the using the following identifiers: For E.O. RIN 1625–AA11 13851: ‘‘[BPI–NICARAGUA]’’; for any further Treasury’s Office of Foreign Assets Regulated Navigation Areas; Harbor Control amends 31 CFR part 582 as Executive orders issued pursuant to the national emergency declared in E.O. 13851: Entrances Along the Coast of Northern follows: Using the identifier formulation ‘‘[BPI– California PART 582—NICARAGUA SANCTIONS NICARAGUA–E.O.[E.O. number pursuant to which the person’s property and interests in AGENCY: Coast Guard, DHS. REGULATIONS property are blocked pending ACTION: Final rule. ■ investigation]]’’; for the NHRAA: ‘‘[BPI– 1. The authority citation for part 582 NHRAA]’’. SUMMARY: The Coast Guard is is revised to read as follows: establishing Regulated Navigation Areas Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); Note 3 to § 582.201: Sections 501.806 and (RNAs) at the harbor bar entrances to 50 U.S.C. 1601–1651, 1701–1706; 28 U.S.C. 501.807 of this chapter describe the Crescent City Harbor, Humboldt Bay, 2461 note; 50 U.S.C. 1705 note; 50 U.S.C. procedures to be followed by persons Noyo River, and Morro Bay. This seeking, respectively, the unblocking of 1701 note; E.O. 13851, 83 FR 61505, 3 CFR, regulation creates additional safety 2018 Comp., p. 884. funds that they believe were blocked due to mistaken identity, and administrative requirements for recreational and small Subpart B—Prohibitions reconsideration of their status as persons commercial vessels operating in these whose property and interests in property are areas during periods of hazardous ■ 2. Revise § 582.201 to read as follows: blocked pursuant to this section. conditions, such as high wind or

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43438 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

breaking surf, and establishes clear numerous temporary emergency safety Guard published the NPRM ‘‘Regulated procedures for restricting and closing zones to mitigate risk to mariners and Navigation Areas; Harbor Entrances these harbor bar entrances in the event vessels transiting the Crescent City Along the Coast of Northern California of unsafe conditions. This regulation is Harbor, Humboldt Bay, Noyo River, and (84 FR 60025).’’ There, we stated why necessary to enhance mariner and vessel Morro Bay Harbor entrances during we issued the NPRM and invited safety when bar conditions exceed unsafe conditions.1 These emergency comments on our proposed regulatory certain parameters, typically when safety zones included policies and action related to this rule. During the breaking seas are projected to be 20-foot procedures for closing the bar to vessel comment period that ended December 9, or greater. This rulemaking prohibits traffic as well as vessel escort policies 2019, we received five comment vessels from entering these areas during and provided parameters and submissions. In addition, we received unsafe conditions unless authorized by procedures for waiver requests. one document submission after the the local Captain of the Port or a Continued reliance on temporary comment period ended, but we still designated representative. emergency safety zones to accomplish accepted and considered the comment. the required risk mitigation, however, DATES: This rule is effective August 17, III. Legal Authority and Need for Rule 2020. does not provide consistency or The Eleventh District Commander has ADDRESSES: To view documents predictability of Coast Guard actions to mariners. A COTP can issue COTP determined that there is a need to create mentioned in this preamble as being additional safety requirements for available in the docket, go to https:// Orders under the Ports and Waterways Safety Act (PWSA) to direct a specific recreational and small commercial www.regulations.gov, type USCG–2019– vessels operating at the Crescent City 0785 in the ‘‘SEARCH’’ box and click vessel, facility, or individual in order to: Restrict or stop vessel operations; Harbor, Humboldt Bay, Noyo River, and ‘‘SEARCH.’’ Click on Open Docket Morro Bay Harbor bar entrances during Folder on the line associated with this require specific actions to be taken; deny a vessel further entry to port until periods of hazardous conditions, such rule. a deficiency is corrected; or detain a as high wind or breaking surf, as well FOR FURTHER INFORMATION CONTACT: If vessel in port. COTP Orders cannot be as establish clear procedures for you have questions on this rule, call or issued to ‘‘all vessels’’ or a class of restricting and closing these harbor bar email Lieutenant Marcia Medina, Coast vessels, facilities or individuals, where entrances in the event of unsafe Guard District 11 Waterways Office; a group or class of entities is targeted, conditions. This rule streamlines safety telephone 510–437–2978, email the issuance of a rule is more regulations and provides predictability [email protected]. appropriate. The issuance of a for local mariners regarding the SUPPLEMENTARY INFORMATION: permanent regulation to create conditions for the Coast Guard to regulate navigation in the vicinity of I. Table of Abbreviations additional safety requirements for recreational and small commercial these bar entrances based on weather, CFR Code of Federal Regulations vessels operating in these areas during sea, tide, and river conditions. This rule COTP Captain of the Port periods of hazardous conditions, is enhances mariner and vessel safety DHS Department of Homeland Security inline with various Coast Guard and when bar conditions exceed certain FR Federal Register parameters, typically when breaking LA–LB Los Angeles-Long Beach National Transportation Safety Board OCMI Officer in Charge of Marine (NTSB) casualty investigations that have seas are projected to be 20-foot or Inspection identified a need for specific Coast greater. This rulemaking prohibits OMB Office of Management and Budget Guard regulations to mitigate risks and vessels from entering these areas during MLB Motor Lifeboat enhance the safety of mariners and unsafe conditions unless authorized by NAD North American Datum vessels operating in the vicinity of bars the local COTP or a designated NOAA National Oceanic and Atmospheric along the northern California coast.2 representative. Administration The Coast Guard solicited public The Coast Guard is creating this NTSB National Transportation Safety Board input on the potential establishment of rulemaking under the authority in 46 NPRM Notice of Proposed Rulemaking PWSA Ports and Waterways Safety Act RNAs at these locations through the U.S.C. 70034 (previously 33 U.S.C. RNA Regulated Navigation Area Federal Register prior to publication of 1231) and Department of Homeland U.S.C. United States Code the Notice of Proposed Rule Making Security (DHS) Delegation No. USCG United States Coast Guard (NPRM) for this rule (83 FR 5592, Feb. 0170.1(70). This authority has been re- § Section 8, 2018). In addition to the Federal delegated by the Commandant to District Commanders in accordance II. Background Information and Register notices, Coast Guard COTP with 33 CFR 1.05–1(e). Authority to Regulatory History LA–LB and COTP San Francisco engaged in an extensive public outreach activate the RNA at Morro Bay Harbor Severe currents, wave and sea plan which included a press release is delegated from the District conditions along bars on the northern issued on November 12, 2019, to engage Commander to COTP LA–LB. The California coast have contributed to all stakeholders in the local authority to activate the RNA at numerous marine casualties. The communities.3 In addition, the Coast Crescent City Harbor, Humboldt Bay, current mariner rules of the road Guard published an article in the Local and Noyo River is delegated to COTP governing maritime traffic operating in Notice to Mariners for four weeks, from San Francisco. The Designated the vicinity of the Crescent City Harbor, November 14, 2019 to December 11, Representative for enforcement of this Humboldt Bay, Noyo River, and Morro 2019. On November 7, 2019, the Coast RNA at Crescent City Harbor, Humboldt Bay Harbor bar entrances are Bay, and Noyo River will be designated insufficient to enhance the safety of 1 See, e.g., 84 FR 52763, Oct. 3, 2019; and 85 FR by COTP San Francisco to Commander, mariners and vessels operating in those 2643, Jan. 16, 2020. Sector Humboldt Bay. areas during unsafe conditions. The 2 See NTSB Safety Recommendation M–05–009, COTP (Captain of the Port) San available at: https://www.ntsb.gov/investigations/ IV. Discussion of Comments, Changes, AccidentReports/_layouts/ntsb.recsearch/ and the Rule Francisco and COTP Los Angeles-Long Recommendation.aspx?Rec=M-05-009. Beach (LA–LB) have issued various 3 https://content.govdelivery.com/accounts/ During the comment period, which navigation safety advisories and created USDHSCG/bulletins/26ba479. ended December 9, 2019, we received

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43439

five submissions from the public. We Although the recreational and rule. The Coast Guard utilized the received one additional submission after commercial mariner might be an expert comments received to draft the RNA the comment period ended. The Coast mariner, the decision to transit a text to be minimally disruptive to the Guard accepted and considered all six potentially hazardous bar should not be local community and mariners utilizing submissions from the public in drafting left solely to their discretion. There may Crescent City Harbor, Humboldt Bay, this final rule. A total of 7 issues were be unknown outside factors along with Noyo River, and Morro Bay Harbor bar raised by the commenters. subtle influences to contend with at the entrances outlined in this final rule, 1. Description of the Regulated time when making a crossing attempt. while acknowledging the limits of Coast Navigation Areas (RNAs). One Coast Guard personnel have the Guard rescue assets and the need for commenter stated that the Coast Guard knowledge of local conditions in additional safety measures. provided a vague depiction of the RNAs. evaluating whether the go/no-go The Coast Guard encourages mariners An amendment to the rule was made policies developed and implemented by having further questions about the rule based on this comment to simplify the vessel owners and operators are and how to comply with it to contact National Oceanic and Atomospheric appropriate to attain a sufficient level of the Coast Guard point of contact listed Administration (NOAA) charting operational safety. No changes to the under FOR FURTHER INFORMATION requirements. Each bar crossing will rule were made based on these CONTACT. now be described with latitude/ comments. longitude geographic coordinates in 6. Carriage of additional safety V. Regulatory Analyses order to be plotted onto NOAA charts. equipment. One commenter was The Coast Guard developed this rule Horizontal Datum on all these concerned about carrying additional after considering numerous statutes and coordinates is North American Datum safety equipment onboard vessels such Executive orders related to rulemaking. (NAD) 83. as an immersion suit instead of a life Below we summarize our analyses 2. Definition of the term navigable jacket and adding jack lines, harnesses, based on a number of these statutes and waters. One commenter was concerned and safety tethers. A prudent mariner Executive orders, and we discuss First that the term ‘‘navigable waters’’ was should be familiar with, and carry Amendment rights of protestors. not defined in the regulation. The Coast onboard, the safety equipment required A. Regulatory Planning and Review Guard did not make changes to the rule by federal and state laws. No changes to because the term ‘‘navigable waters’’ is the rule were made based on the Executive Orders 12866 and 13563 defined in 33 CFR 2.36. comment. direct agencies to assess the costs and 3. Economic effects of the rule on 7. Notice to the public concerning this benefits of available regulatory small entities and local economies. Two rulemaking. One commenter stated their alternatives and, if regulation is commenters raised concerns about belief that there was a lack of necessary, to select regulatory possible economic effects of the rule on communication from the Coast Guard to approaches that maximize net benefits. small entities and local economies. the public concerning this rulemaking Executive Order 13771 directs agencies Specifically, the commenters expressed action. The Coast Guard disagrees. The to control regulatory costs through a that the rule would put undue burden agency robustly attempted to engage the budgeting process. This rule has not on small commercial fishing operations public prior to issuance of this final been designated a ‘‘significant and Uninspected Passenger Vessels rule. As discussed above in section II of regulatory action,’’ under Executive engaged in recreational fishing and/or this document, the Coast Guard Order 12866. Accordingly, this rule has interfere with commercial fishing solicited comments in the Federal not been reviewed by the Office of activities based on these comments. Register prior to issuance of the NPRM Management and Budget (OMB), and There should not be any adverse and engaged in an extensive public pursuant to OMB guidance it is exempt economic effects on small entities and outreach plan at the local level. In from the requirements of Executive local economies, since the bar accordance with the Administrative Order 13771. restrictions and closures are already a Procedure Act, the Coast Guard This regulatory action determination part of the regions’ economic baseline published an NPRM soliciting public is based on the fact that: (1) The activity. The rule is a codification of comment on November 7, 2019. To regulation does not require vessel existing standard practices. Utilizing further advertise that the NPRM was out operators affected by the regulation to current weather patterns, the Coast and available for comment the Coast purchase additional equipment; (2) the Guard has determined that the rule will Guard issued a press release on restriction and/or closure of the bars are not increase the number of bar November 12, 2019, requesting temporary and will only occur when restrictions or closures from past years. comments for the rule. In addition to the necessary due to unsafe conditions; (3) After careful consideration, the Coast November 12th press release, the Coast the maritime public will be advised of Guard determined that changes to the Guard published an article in the Local bar restrictions and/or closures via one rule based on this comment were not Notice to Mariners for four weeks, from or more of the following methods: necessary. November 14, 2019, to December 11, Broadcast Notice to Mariners, local 4. Enforcement personnel. One 2019. In addition, Sector LA–LB government partners, bar warning lights commenter questioned whether RNAs advertised the need for comments at and/or publication in the Local Notice were enforced only by crews on Motor their local Harbor Safety Committee/ to Mariners; and (4) vessels may be Lifeboats (MLBs). The Coast Guard has Subcommittee meetings, with local allowed to enter the RNA when a bar and will continue to use all available harbormasters, and at local marinas. restriction and/or closure is in place on resources to enforce this RNA and is not All comments received were a case-by-case basis with permission of limited to MLBs. No changes to the rule considered in drafting this final rule. No the COTP or a designated were made based on this question. comments other than those already representative. 5. Person responsible for making the mentioned, however, resulted in any determination if conditions are unsafe. changes to the rule because, although B. Impact on Small Entities Two commenters stated their belief that important, they were either outside the The Regulatory Flexibility Act of mariners should be the ones making the scope of the rule or appeared to be 1980, 5 U.S.C. 601–612, as amended, determination if conditions are unsafe. based on a misunderstanding of the requires Federal agencies to consider

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43440 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

the potential impact of regulations on employees of the Coast Guard, call 1– determined that this action is one of a small entities during rulemaking. The 888–REG–FAIR (1–888–734–3247). The category of actions that do not term ‘‘small entities’’ comprises small Coast Guard will not retaliate against individually or cumulatively have a businesses, not-for-profit organizations small entities that question or complain significant effect on the human that are independently owned and about this rule or any policy or action environment. This rule involves RNAs operated and are not dominant in their of the Coast Guard. that would prohibit the transit of fields, and governmental jurisdictions maritime traffic in times of unsafe C. Collection of Information with populations of less than 50,000. conditions. These actions are The Coast Guard received zero This rule will not call for a new categorically excluded from further comments from the Small Business collection of information under the review under paragraph L60(a) of Administration on this rulemaking. The Paperwork Reduction Act of 1995 (44 Appendix A, Table 1 of DHS Instruction Coast Guard certifies under 5 U.S.C. U.S.C. 3501–3520). Manual 023–01–001–01, Rev. 1. A 605(b) that this rule will not have a D. Federalism and Indian Tribal Record of Environmental Consideration significant economic impact on a Governments supporting this determination is substantial number of small entities. available in the docket where indicated This rule may affect the following A rule has implications for federalism under ADDRESSES. For instructions on entities, some of which may be small under Executive Order 13132, locating the docket, see the ADDRESSES entities: owners and operators of Federalism, if it has a substantial direct section of this preamble. waterfront facilities, commercial effect on the States, on the relationship vessels, and pleasure craft engaged in between the national government and G. Protest Activities recreational activities and sightseeing, if the States, or on the distribution of The Coast Guard respects the First these facilities or vessels are in the power and responsibilities among the Amendment rights of protesters. vicinity of the RNA at times when the various levels of government. We have Protesters are asked to call or email the RNA has been activated. This rule will analyzed this rule under that Order and person listed in the FOR FURTHER not have a significant economic impact have determined that it is consistent INFORMATION CONTACT section to on a substantial number of small entities with the fundamental federalism coordinate protest activities so that your for the following reasons: (1) The principles and preemption requirements message can be received without regulation does not require vessel described in Executive Order 13132. jeopardizing the safety or security of operators affected by the regulation to Also, this rule does not have tribal people, places, or vessels. purchase additional equipment; (2) the implications under Executive Order restriction and/or closure of the bars are 13175, Consultation and Coordination List of Subjects in 33 CFR Part 165 temporary and will only occur when with Indian Tribal Governments, Harbors, Marine safety, Navigation necessary due to unsafe conditions; (3) because it does not have a substantial (water), Reporting and recordkeeping the maritime public will be advised of direct effect on one or more Indian requirements, Waterways. bar restrictions and/or closures via one tribes, on the relationship between the For the reasons discussed in the or more of the following methods: Federal Government and Indian tribes, preamble, the Coast Guard amends 33 Broadcast Notice to Mariners, local or on the distribution of power and CFR part 165 as follows: government partners, bar warning lights responsibilities between the Federal and publication in the Local Notice to Government and Indian tribes. If you PART 165—REGULATED NAVIGATION Mariners; and (4) vessels may be believe this rule has implications for AREAS AND LIMITED ACCESS AREAS allowed to enter the RNA when a bar federalism or Indian tribes, please call ■ restriction or closure is in place on a or email the person listed in the FOR 1. The authority citation for part 165 case-by-case basis with permission of FURTHER INFORMATION CONTACT section. continues to read as follows: the COTP or a designated Authority: 46 U.S.C. 70034, 70051; 33 CFR representative. E. Unfunded Mandates Reform Act 1.05–1, 6.04–1, 6.04–6, and 160.5; Under section 213(a) of the Small The Unfunded Mandates Reform Act Department of Homeland Security Delegation Business Regulatory Enforcement of 1995 (2 U.S.C. 1531–1538) requires No. 0170.1. Fairness Act of 1996 (Pub. L. 104–121), Federal agencies to assess the effects of ■ 2. Add § 165.1196 to read as follows: we want to assist small entities in their discretionary regulatory actions. In § 165.1196 Regulated Navigation Areas; understanding this rule. If the rule particular, the Act addresses actions Harbor Entrances along the Coast of would affect your small business, that may result in the expenditure by a Northern California. organization, or governmental State, local, or tribal government, in the (a) Regulated navigation areas. Each jurisdiction and you have questions aggregate, or by the private sector of of the following areas is a regulated concerning its provisions or options for $100,000,000 (adjusted for inflation) or navigation area (RNA): compliance, please call or email the more in any one year. Though this rule (1) Humboldt Bay Entrance Channel: person listed in the FOR FURTHER will not result in such an expenditure, The navigable waters enclosed by the INFORMATION CONTACT section. we do discuss the effects of this rule following coordinates: Small businesses may send comments elsewhere in this preamble. (i) 40°45′17″ N, 124°14′10″ W (Point on the actions of Federal employees F. Environment A); who enforce, or otherwise determine (ii) 40°45′56″ N, 124°15′06″ W (Point compliance with, Federal regulations to We have analyzed this rule under B); the Small Business and Agriculture Department of Homeland Security (iii) 40°46′25″ N, 124°14′30″ W (Point Regulatory Enforcement Ombudsman Directive 023–01, Rev. 1, associated C); and the Regional Small Business implementing instructions, and (iv) 40°46′04″ N, 124°13′46″ W (Point Regulatory Fairness Boards. The Environmental Planning COMDTINST D); and Ombudsman evaluates these actions 5090.1 (series), which guides the Coast (v) Thence back to Point A, in Eureka, annually and rates each agency’s Guard in complying with the National CA (NAD 83). responsiveness to small business. If you Environmental Policy Act of 1969 (42 (2) Noyo River Entrance Channel: The wish to comment on actions by U.S.C. 4321–4370f), and have navigable waters of the Noyo River

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43441

Entrance Channel enclosed by the officer, warrant officer, petty officer or L = Overall length of a vessel measured in following coordinates: civilian that has been authorized by the feet in a straight horizontal line along (i) 39°25′36″ N, 123°48′34″ W (Point Captain of the Port (COTP) to act on his and parallel with the centerline between A); or her behalf in the enforcement of the the intersections of this line with the ° ′ ″ ° ′ ″ vertical planes of the stem and stern (ii) 39 25 37 N, 123 48 38 W (Point RNA. profiles excluding deckhouses and B); (6) Fish processing vessel means a equipment. (iii) 39°25′42″ N, 123°48′39″ W (Point vessel that commercially prepares fish F = The minimum freeboard when measured C); or fish products other than by gutting, in feet from the lowest point along the (iv) 39°25′42″ N, 123°48′32″ W (Point decapitating, gilling, skinning, upper strake edge to the surface of the D); and shucking, icing, freezing, or brine water. (v) Thence back to Point A, in in Fort chilling. W = Maximum wave height in feet to the Bragg, CA (NAD 83). (7) Fish tender vessel means a vessel nearest highest whole number. (3) Crescent City Harbor Entrance that commercially supplies, stores, (c) Regulations. (1)(i) Bar restrictions. Channel: The navigable waters of the refrigerates, or transports fish, fish The COTP or a designated Crescent City Harbor Entrance Channel products, or materials directly related to representative will determine when to enclosed by the following coordinates: fishing or the preparation of fish to or restrict passage for recreational and (i) 41°44′11″ N, 124°11′22″ W (Point from a fishing, fish processing, fish uninspected passenger vessels across A); tender vessel or a fish processing the bars located in the RNAs established (ii) 41°44′11″ N, 124°11′42″ W (Point facility. in paragraph (a) of this section. In B); (8) Fishing vessel means a vessel that making this determination, the COTP or (iii) 41°44′25″ N, 124°11′54″ W (Point commercially engages in the catching, a designated representative will C); taking, or harvesting of fish or an determine whether an unsafe condition (iv) 41°44′12″ N, 124°10′22″ W (Point activity that can reasonably be expected exists for such vessels as defined in D); and to result in the catching, taking, or paragraph (b) of this section. (v) Thence back to Point A, in Cresent harvesting of fish. Additionally, the COTP or a designated City, CA (NAD 83). (9) Operator means a person who is representative will use his or her (4) Estero-Morro Bay Harbor Entrance an owner, a demise charterer, or other professional maritime experience and Channel: The navigable waters of the contractor, who conducts the operation knowledge of local environmental Morro Bay Harbor Entrance Channel of, or who is responsible for the conditions in making his or her enclosed by the following coordinates: operation of a vessel. determination. Factors that will be (i) 35°21′21″ N, 120°52′12″ W (Point (10) Readily accessible means considered include, but are not limited A); equipment that is taken out of stowage to: Size and type of vessel, sea state, ° ′ ″ ° ′ ″ (ii) 35 21 41 N, 120 52 37 W (Point and is available within the same space winds, wave period, and tidal currents. B); as any person for immediate use during When a bar is restricted, the operation ° ′ ″ ° ′ ″ (iii) 35 21 55 N, 120 52 10 W (Point an emergency. of recreational and uninspected C); (11) Recreational vessel means any passenger vessels in the RNA ° ′ ″ ° ′ ″ (iv) 35 21 38 N, 120 51 51 W (Point vessel manufactured or used primarily established in paragraph (a) of this D); and for non-commercial use or leased, section in which the restricted bar is (v) Thence back to Point A, in Morro rented, or chartered to another for non- located is prohibited unless specifically Bay, CA (NAD 83). commercial use. It does not include a authorized by the COTP or a designated (b) Definitions. For purposes of this vessel engaged in carrying paying representative. section: passengers. (ii) Bar closure. The bars located in (1) Bar closure means that the (12) Small passenger vessel means a the RNAs established in paragraph (a) of operation of any vessel within an RNA vessel inspected under 46 CFR this section will be closed to all vessels established in paragraph (a) of this subchapter T or 46 CFR subchapter K. whenever environmental conditions section has been prohibited by the Coast (13) Uninspected passenger vessel exceed the operational limitations of the Guard. means an uninspected vessel— relevant Coast Guard Search and Rescue (2) Bar crossing plan (also known as (i) Of at least 100 gross tons; resources as determined by the COTP. a Go/No-Go plan) means a plan, (A) Carrying not more than 12 When a bar is closed, the operation of developed by local industry, in passengers, including at least one any vessel in the RNA established in coordination with Coast Guard, for a bar passenger-for-hire; or paragraph (a) of this section in which within an RNA established in paragraph (B) That is chartered with the crew the closed bar is located, is prohibited (a) of this section and adopted by the provided or specified by the owner or unless specifically authorized by the master or operator of a small passenger the owner’s representative and carrying COTP or a designated representative. vessel or commercial fishing vessel to not more than 12 passengers; or For bars having deep draft vessel access, guide his or her vessel’s operations on (ii) Of less than 100 gross tons; the COTP will consult with the local and in the vicinity of that bar. (A) Carrying not more than six pilots association, when practicable, (3) Bar restriction means that passengers, including at least one prior to closing the affected bar. operation of a recreational, uninspected passenger-for-hire; or (iii) Notification. The Coast Guard passenger, small passenger, and (B) That is chartered with the crew will notify the public of bar restrictions commercial fishing vessel within an provided or specified by the owner or and bar closures via a Broadcast Notice RNA established in paragraph (a) of this the owner’s representative and carrying to Mariners on VHF–FM Channel 16 section has been prohibited by the Coast not more than six passengers. and 22A. Additionally, Coast Guard Guard. (14) Unsafe condition exists when the personnel may be on-scene to advise the (4) Commercial fishing industry vessel wave height within an RNA identified public of any bar restrictions or means a fishing vessel, fish tender in paragraph (a) of this section is equal closures. In some locations, the Coast vessel, or a fish processing vessel. to or greater than the maximum wave Guard may use bar warning lights to (5) COTP designated representative height determined by the formula L/10 provide a visual indication of unsafe means any Coast Guard commissioned + F = W where: conditions to the public. Monitoring

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43442 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

cameras and associated websites may from the safety requirements described penalty in accordance with 46 U.S.C. also provide mariners with additional in paragraph (c)(4)(i) of this section 70036. information in some locations. during the conditions described in Dated: June 30, 2020. (2) Safety requirements for paragraph (c)(4)(i)(A) of this section so Peter W. Gautier, recreational vessels. The operator of any long as when crossing the bar the master recreational vessel operating in an RNA Rear Admiral, U.S. Coast Guard, Commander, or operator ensures that all persons on Coast Guard District Eleven. established in paragraph (a) of this their vessel wear lifejackets in section shall ensure that all persons accordance with their bar crossing plan. [FR Doc. 2020–14791 Filed 7–16–20; 8:45 am] located in any unenclosed areas of the If the vessel’s bar crossing plan does not BILLING CODE 9110–04–P recreational vessel are wearing specify the conditions when the persons lifejackets and that lifejackets are on their vessel shall wear lifejackets, readily accessible for/to all persons however, then the master or operator DEPARTMENT OF EDUCATION located in any enclosed area of the shall comply with the safety recreational vessel: requirements provided in paragraph 34 CFR Part 263 (i) When crossing the bar and a bar (c)(4)(i) of this section in its entirety. RIN 1810–AB54 restriction exists or (iii) The master or operator of any (ii) Whenever the recreational vessel small passenger vessel operating in an [Docket ID ED–2019–OESE–0126] is being towed or escorted across the RNA established in paragraph (a) of this bar. section during the conditions described Indian Education Discretionary Grant (3) Safety requirements for in paragraph (c)(4)(i)(A) of this section Programs; Demonstration Grants for uninspected passenger vessels (UPVs). shall contact the Coast Guard on VHF– Indian Children and Youth Program (i) The master or operator of any FM Channel 16 prior to crossing the bar. AGENCY: Office of Elementary and uninspected passenger vessel operating The master or operator shall report the Secondary Education, Department of in an RNA established in paragraph (a) following: of this section shall ensure that all (A) Vessel name, Education. persons located in any unenclosed areas (B) Vessel location or position, ACTION: Final regulations. of their vessel are wearing lifejackets (C) Number of persons on board the and that lifejackets are readily vessel and SUMMARY: The Secretary amends the accessible for/to all persons located in (D) Vessel destination. regulations that govern the any enclosed areas of their vessel (5) Safety Requirements for Demonstration Grants for Indian uninspected passenger vessel: Commercial Fishing Vessels (CFV). (i) Children and Youth Program (A) When crossing the bar and a bar The master or operator of any (Demonstration program), authorized restriction exists or commercial fishing vessel operating in under title VI of the Elementary and (B) Whenever the uninspected an RNA described in paragraph (a) of Secondary Education Act of 1965, as passenger vessel is being towed or this section shall ensure that all persons amended (ESEA), to implement changes escorted across the bar. located in any unenclosed areas of to title VI resulting from the enactment (ii) The master or operator of any commercial fishing vessel are wearing of the Every Student Succeeds Act uninspected passenger vessel operating lifejackets or immersion suits and that (ESSA). These final regulations would in an RNA established in paragraph (a) lifejackets or immersion suits are readily update, clarify, and improve the current of this section during the conditions accessible for/to all persons located in regulations. These regulations also add described in paragraph (c)(3)(i)(A) of any enclosed spaces of the vessel: a new priority, and accompanying this section shall contact the Coast (A) Whenever crossing the bar and a requirements and selection criteria, for Guard on VHF–FM Channel 16 prior to bar restriction exists or applicants proposing to empower Tribes crossing the bar. The master or operator (B) Whenever the commercial fishing and families to decide which education shall report the following: vessel is being towed or escorted across services will best support their children (A) Vessel name, the bar. to succeed in college and careers. (B) Vessel location or position, (ii) The master or operator of any DATES: These regulations are effective (C) Number of persons onboard the commercial fishing vessel operating in August 17, 2020. Publication of the vessel and an RNA described in paragraph (a) of control number notifies the public that (D) Vessel destination. this section during the conditions OMB has approved these information (4) Safety Requirements for Small described in paragraph (c)(5)(i)(A) of collection requirements under the Passenger Vessels (SPV). (i) The master this section shall contact the Coast Paperwork Reduction Act of 1995. or operator of any small passenger Guard on VHF–FM Channel 16 prior to These regulations apply to applications vessel operating in an RNA established crossing the bar. The master or operator for the Demonstration program for fiscal in paragraph (a) of this section shall shall report the following: year (FY) 2020 and subsequent years. ensure that all persons located in any (A) Vessel name, FOR FURTHER INFORMATION CONTACT: unenclosed areas of the small passenger (B) Vessel location or position, Bianca Williams, U.S. Department of vessel are wearing lifejackets and that (C) Number of persons on board the Education, 400 Maryland Avenue SW, lifejackets are readily accessible for/to vessel and Room 3W237 Washington, DC 20202– all persons located in any enclosed (D) Vessel destination. 6335. Telephone: 202–453–5671. Email: areas of the vessel: (6) Penalties. All persons and vessels [email protected]. (A) Whenever crossing the bar and a within the RNAs described in paragraph If you use a telecommunications bar restriction exists or (a) of this section shall comply with (B) Whenever their vessel is being orders of Coast Guard personnel. Coast device for the deaf (TDD) or a text towed or escorted across the bar. Guard personnel includes telephone (TTY), call the Federal Relay (ii) Small passenger vessels with bar commissioned, warrant, petty officers, Service (FRS), toll free, at 1–800–877– crossing plans that have been reviewed and civilians of the United States Coast 8339. by and accepted by the Officer in Charge Guard. Any person who fails to comply SUPPLEMENTARY INFORMATION: These of Marine Inspection (OCMI) are exempt with this regulation is subject to civil regulations implement statutory changes

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43443

made to the Demonstration program in Performance Measures fair and equitable manner. This section 6122 of the ESEA (20 U.S.C. Although we are not required to commenter also suggested that we use 7442) by the ESSA and make other include our proposed performance four categories to further distinguish changes to better enable the Department measures for this program in the notice between rural and non-rural applicants and grantees to meet the objectives of and comment rulemaking process, in based on the number of Tribal nations the program. the NPRM we invited comment on those represented in the targeted student We published a notice of proposed measures in order to gain more insight population. The commenter explained rulemaking for this program (NPRM) in that in their State, the majority of Indian into the impact and feasibility of these the Federal Register on March 31, 2020 students live in urban areas, and have measures. We appreciate the feedback (85 FR 17794). needs that are different from those in and we have considered that feedback In the preamble of the NPRM, we rural areas. in revising the performance measures. discussed on pages 17799–17801 the Another commenter objected to We will publish the revised measures in major changes proposed in that including a priority for non-rural the notice inviting applications for the document. These included the applicants if it means that rural competition for FY 2020 funding. following: applicants would receive less funding, • Amending the priority in Analysis of Comments and Changes: due to the high needs of the rural areas. § 263.21(b)(1) that gives priority to An analysis of the comments regarding Another commenter stated that the Indian applicants to include schools the proposed regulations and of any change to § 263.21(c)(6) to add a non- funded by the Bureau of Indian changes in the regulations since rural priority in combination with the Education (BIE) in the list of entities publication of the NPRM follows. We rural priority in § 263.21(c)(5) would be that are included in that priority. group major issues according to subject. overly limiting to applicants. • Adding a priority to § 263.21(c) for Generally, we do not address technical Discussion: We do not believe it entities that are not rural and do not and other minor changes. would be reasonable for applicants to meet the existing priority for rural General self-select into rural and non-rural entities to allow the use of the existing categories, because it would create an Comment: One commenter objected to priority for rural entities along with this arbitrary and subjective distinction. We the inclusion of BIE-funded schools as new priority to create separate rank also do not believe it would be eligible applicants for this program. One orders of rural and non-rural applicants. reasonable to use four categories to • Adding a priority as § 263.21(c)(7) commenter opposed the addition of BIE- further distinguish between rural and that would expand educational choice funded schools to the list of Tribal non-rural applicants based on the for parents and students, to enhance the entities that receive priority under number of Tribal nations represented in ability of parents to choose high-quality § 263.21(b)(1) of the regulations. the targeted student population because educational opportunities to meet the Discussion: Under section 6121(b) of of the complexity involved. Rather than needs of Native youth. the ESEA, BIE-funded schools are permitting applicants to arbitrarily • Adding as new § 263.22(b)(4) an eligible to apply for this grant program choose which category they would like application requirement to include a because they meet the definition of a to belong to, we feel it is important to plan to oversee service providers and ‘‘federally supported elementary school use clear, objective, and simple criteria ensure students are receiving high- or secondary school for Indian in order to classify entities as rural or quality services. students.’’ These regulations do not non-rural. To ensure applicants meet • Adding as new § 263.22(b)(5) an constitute a change to the statutory the priority’s requirements, an applicant application requirement for non-Tribal eligibility of BIE-funded schools to would indicate in its application applicants to partner with a Tribe or apply for grants under this program. whether it meets the specific Indian organization. With regard to the regulatory priority requirements of the rural priority, that • Amending renumbered § 263.24 to for Tribal entities, that priority is is, the entity is eligible under the Small add new selection criteria. required by section 6143 of the ESEA, Rural School Achievement (SRSA) • Adding as new § 263.25 program which requires the Department, in program or the Rural and Low-Income requirements relating to the new choice awarding grants under the discretionary School (RLIS) program, or is a BIE- priority. grant programs in title VI, part A, funded school in an area designated by These final regulations contain subparts 2 and 3, to give preference to certain locale codes. Other applicants several substantive changes from the ‘‘Indian tribes, organizations, and would apply as non-rural applicants. NPRM, which we fully explain in the institutions of higher education.’’ The With regard to the concerns that Analysis of Comments and Changes term ‘‘Indian’’ modifies ‘‘organizations’’ including a non-rural priority would section of this preamble, in addition to and ‘‘institutions of higher education.’’ mean less funding for rural applicants, several technical changes. The Department has defined the term or provide a limitation, the text of new Public Comment: In response to our ‘‘Indian organization,’’ for purposes of § 263.21(c)(6) specifies that the non- invitation in the NPRM, eight parties the Demonstration program, in § 263.21 rural priority may only be used in submitted comments on the proposed of these regulations. Schools funded by competitions for which the rural regulations. Although none of the the BIE meet that definition, and the priority is also used. comments received during public Office of Indian Education has treated This change allows the Department comment were from federally them as included under the statutory the flexibility in future competitions to recognized Tribes, one commenter is an priority. consider rural and non-rural applicants organization that includes several Changes: None. separately. For example, by using both federally recognized Tribes. Tribes Comment: Several commenters priorities as absolute priorities, we can previously participated in Tribal provided input on the proposed priority create separate funding slates for consultation during development of the for non-rural applicants in applicants that propose to serve rural NPRM. For additional information on § 263.21(c)(6). One suggested that we communities and applicants that do not. Tribal Consultation, please see the permit applicants to self-select into This would provide a way for the Tribal Consultation section of the rural and non-rural categories to better Department to distribute grants fairly NPRM. ensure applications are reviewed in a across high-scoring rural and non-rural

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43444 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

applicants, ensuring that applicants entrance purposes, and do not provide We leave it to the Tribe or other grantee serving rural areas that may have fewer students with disabilities with a free to decide, based on its own community available resources are not and appropriate education. The needs and the required input of local disadvantaged compared to non-rural commenter noted that during Tribal families and Tribes, which services to applicants. consultation for this program, Tribal offer. Changes: None. leaders requested a variety of service With regard to the argument that Comment: One commenter expressed options, but did not ask for private voucher systems do not improve support for the proposed choice priority school vouchers, because private academic outcomes, do not guarantee for the Demonstration program in schools are generally not a viable option compliance with State standards or § 263.21(c)(7). The commenter stated for their students due to the lack of accountability systems, and could be that this priority enables all Native transportation and other concerns. harmful for American Indian children, students to have opportunities to Several of the commenters stated that this priority does not create or require succeed without biases or limitations in voucher systems do not improve a voucher system, as explained above. their career of choice, and provides the academic outcomes, that private schools Therefore, we do not address the merits flexibility for grantees to determine are not subject to ESEA accountability of these arguments because they are not which academic pursuits are most requirements, and that vouchers do not relevant to the priority. impactful for students in their guarantee compliance with State Related to the argument that using communities, including students with standards. One commenter argued that these grant funds for tuition at a private disabilities. The commenter stated that studies indicate that vouchers could be religious school would violate the under this priority, grantees can pay for particularly harmful for American principle of separation of church and the services that parents and students Indian children due to the effects of State, we note that Department-wide may not be able to afford otherwise, transitioning between schools. regulations prohibit Department funds such as individual tutoring services or During Tribal consultation, the from being used for religious student counseling. The commenter majority of participants supported instruction, including equipment or recommended a requirement that inclusion of a choice priority. For supplies related to such instruction (34 services be supplemental to existing information regarding Tribal input, see CFR 75.532). In addition, we require in school services and funding sources. the Tribal Consultation section of the § 263.25(c) that grant funds be Discussion: We appreciate the support NPRM. supplemental to the existing education for this new priority. The priority Discussion: The new choice priority program and funding sources at any already includes a requirement that does not create a voucher system. participating school, whether public or services be supplemental to existing Rather, it enables grantees to choose a private. school services and funding sources, so service focus based on the needs of their With regard to the argument that no change is needed. own communities, and to set up a private schools discriminate against Changes: None. system that empowers parents and certain students in their admissions, the Comment: Several commenters stated students to choose the specific services regulations require that each written that they oppose the addition of the and providers that best suit their needs. agreement between the grantee and a priority in § 263.21(c)(7) because they By empowering Tribes to select the service provider contain a believe it would fund private school project focus that they want, this nondiscrimination clause that prohibits education by creating a private school priority supports Tribal sovereignty; by the provider from discriminating against voucher funded with taxpayer dollars. empowering parents and students to students on the basis of race, color, One commenter stated that this priority choose their services and providers, this national origin, religion, sex, or would undermine Tribal sovereignty by priority effectuates the goal of the disability. creating vouchers that could be used to Demonstration program, which is ‘‘to In response to the arguments fund non-Native private entities and support projects to develop, test, and concerning civil rights and services for would also undermine the goals of the demonstrate the effectiveness of services students with disabilities at private Demonstration program. Another and programs to improve educational schools, the Tribe or other grantee commenter stated that very few students opportunities and achievement of chooses the service providers. Grantees live near a private school that would Indian children and youth.’’ do not need to enter into agreements accept vouchers, so for most students, During Tribal consultation, we with private schools, even if there are vouchers would not provide a presented Tribal leaders with a list of private schools in the vicinity. Grantees meaningful choice outside of their possible education services that a Tribe are free to enter into agreements with traditional public school. Another might include if it were applying for a schools or other providers that contain commenter stated that, given the history grant under a priority that would allow requirements in addition to those of mission-run schools on American parents of eligible Indian students to required by these regulations; such Indian reservations, the majority of choose education services for their additional requirements could include private schools that would accept child. That list included private or provisions relating to civil rights, vouchers under this program would home education. A majority of services for students with disabilities, or probably be religious schools. This consultation participants expressed any other conditions desired. commenter argued that voucher general interest in the services Changes: None. programs violate the fundamental discussed. Tuition for private school Comment: One commenter objected to principle of separation of church and expenses is included in § 263.25(b) of the proposed changes to the application State, because it is impossible to prevent these final regulations in the list of 12 requirements in § 263.22(a), stating that the use of voucher funds for the schools’ examples of service options that could a requirement for applicants to describe religious education. The commenter and be offered by grantees; none of these are how the parents and families of Indian other commenters further stated that required but are examples only. We children and youth have been and will private schools are not required to agree that in many Tribal areas, there be involved in the planning and provide students with the same civil are not private schools in the local implementation of the proposed project rights protections as public schools, vicinity; in such areas, applicants may is unnecessary because Tribes and discriminate against students for not wish to choose this service option. Indian organizations are knowledgeable

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43445

intermediaries that already understand be culturally appropriate for Indian intended to encompass the entire school and can represent the needs of Indian students.’’ or schools where students who might children and youth. We make no changes to proposed participate attend, rather than just the The commenter also objected to the § 263.22 for the reasons described number of students that would be requirement in § 263.22(a)(3) that above. However, as a result of the served by the project; for example, if a applicants demonstrate the proposed commenter’s input, we have re- Tribal applicant plans to serve students project is evidence-based, where examined the proposed selection from both the local public school and applicable, or is based on an existing criterion in § 263.24(a)(3) regarding the the local BIE-funded school, it would program that has been modified to be extent to which the services to be add the enrollment of both schools to culturally appropriate for Indian offered are evidence-based. Rather than calculate the percentage of Native students. The commenter stated that requiring applicants to explain how the students who could be served by the this requirement does not align with the services in their proposed project are project. We have revised the language to statutory purpose of the program, which evidence-based, we have determined more clearly express this intent by the commenter describes as trying out that it would better align with the replacing ‘‘of the student body to be new and different program ideas that program goals and the application served’’ with ‘‘of the total student support academic success for Indian requirement to instead have the population of the schools to be served children, because newly developed criterion examine the quality of the by the project’’ in § 263.22(b)(5)(i). programs will not be able to show applicant’s plan for ensuring that Regarding the commenter’s concern, it evidence of prior success. The evidence-based services are provided. was the intended result that relatively commenter argued that the kinds of This will allow applicants, particularly few applicants will meet the threshold evidence-based programming that are those that propose a planning period of 50 percent membership from a single successful in other communities are not and have not yet identified service Tribe. A Tribe for which a local school’s necessarily successful in Indian providers, to submit a plan for student population is 50 percent or communities, and that the programs that identifying and monitoring service more members of that Tribe will likely have been successful in Indian providers to ensure they are providing have a heightened interest in the project communities based on qualitative services that are evidence-based using and in the services that will be provided measures are not likely to meet the these grant funds. We also add the to students. A public school district requirement for evidence-based program qualifying terms that the services must applicant whose target population for its design. be evidence-based ‘‘where applicable’’ project is located on a reservation, for Discussion: The changes to and may be modified to be culturally example, would likely meet this § 263.22(a)(1), which requires applicants appropriate. threshold and should be required to to describe how the parents and families Changes: We have revised proposed partner with the local Tribe. To respect of Indian children and youth are § 263.24(a)(3) (renumbered Tribal sovereignty and the important involved in planning and § 263.24(b)(3) in these final regulations) relationship between a Tribe and its implementation of the proposed project, to refer to a plan for ensuring that members, this requirement was are required by changes to the statute. services are evidence-based where designed to ensure that for the relatively Parent involvement has always been a applicable and that services may be small number of applicants that meet statutory application requirement; the modified to be culturally appropriate. the 50 percent student threshold, only change to the regulation reflects Comment: One commenter generally partnership with a specific Tribe is ESSA changes to the ESEA, which supported the proposed application required. added the phrase ‘‘and families’’ after requirement in § 263.22(b)(5) that non- We also recognize that many schools, the word ‘‘parents’’ (section Tribal entities partner with a Tribe or especially in urban areas, serve students 6121(d)(3)(B)(i) of the ESEA). Tribal organization, as this will ensure from many different Tribes and With regard to the requirement in Tribes or Tribal organizations will be understand that it may be difficult for § 263.22(a)(3) that applicants provide important participants in this program; entities to obtain accurate data on the information showing that the proposed however, the commenter objected to the percentages of students from various project is evidence-based, where specifics of the partnership requirement. Tribes, which can create a burden for applicable, or is based on an existing The commenter stated that requiring applicants. Moreover, we recognize that evidence-based program that has been non-Tribal applicants to partner with a in some situations, such as in urban modified to be culturally appropriate for Tribe or Tribal organization depending areas, there is no Tribe with a local Indian students, this application on whether the majority of students to presence, and that an Indian requirement is also mandated by the be served are members of a single Tribe organization may be a more appropriate ESEA (section 6121(d)(3)(B)(iii)). The is not required by the statute. partner. ESSA changes removed the term ‘‘based Additionally, the commenter argued In the situation in which the student on scientific research’’ and instead uses that it is unclear whether the 50 percent body does not have a majority of ‘‘evidence-based.’’ We understand the requirement relates to the students to be students from one Tribe, the proposed commenter’s concern that there may be served, or to the percentage of students language required every entity other educational programs used in Indian in the school district applying for the than a Tribe to partner with a local communities that have shown success at grant. The commenter argued that the 50 Tribe, a local or national Tribal improving the educational outcomes for percent threshold is too high because organization, TCU, or BIE-funded school Indian students, but do not meet the few school districts meet that threshold; for the project. We are narrowing this ESEA’s definition of ‘‘evidence-based’’ the commenter suggested that the alternative part of the application (see ESEA section 8101(21)), but the threshold instead be set at 15 percent. requirement to apply only to local language in the statute and regulations Discussion: During the consultation educational agency (LEA) and State provides enough flexibility to address process, Tribes advised that in order to educational agency (SEA) applicants. these situations, by providing that support Tribal sovereignty, projects that An applicant that meets the definition programs must be evidence-based ‘‘as serve Indian children must include a of Indian organization, as well as a BIE- applicable,’’ and by allowing for Tribal partner. The phrase ‘‘of the funded school or a TCU, already has programs that ‘‘have been modified to student body to be served’’ was Tribal affiliation and it would be unduly

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43446 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

burdensome to require such entities to under the criterion ‘‘quality of project The commenter also requested that include documentation of partnership design’’ (§ 263.21(b)), and two factors grantees that are not Tribes should be with a Tribe or other Indian under the criterion ‘‘reasonableness of responsible for selecting service organization. budget’’ (§ 262.21(c)). The Department providers, and that the local Tribe We are also changing the requirement can use these selection criteria in should not have the burden of selecting regarding which entity an LEA or SEA addition to the general selection criteria or approving them. Another commenter must partner with when no single Tribe in 34 CFR 75.210. The expanded set of provided the opposite suggestion, accounts for a majority of students in available selection criteria ensures a stating that Tribes should have sole the schools to be served. Rather than grant competition that is tailored to the responsibility for approving service allowing a partnership with a local unique needs of Tribal applicants and providers in order to maintain more Tribe, Indian organization, TCU, or BIE- the students they serve. While the more control over the services available to funded school, we are changing the specific selection criteria may result in their members. This commenter also options to require a partnership with a minor burden to applicants that stated that instead of focusing on either a Tribe or an Indian organization. choose to address those criteria, we parental choice of services, the We are replacing the phrase ‘‘Tribal believe this burden is outweighed by the regulations should allow Tribes and organization’’ with ‘‘Indian benefit of being able to evaluate Tribal organizations to be solely organization’’ to correctly match the applicants using selection criteria that responsible for determining what defined term in this regulation. In reflect the specific goals of the program. services should be provided to students addition, we are removing the ‘‘local’’ We believe this will enhance our ability and approving service providers. This qualifier for a Tribe because we believe to ensure we select applicants that will commenter argued that if Tribes and this could be ambiguous and could provide programs that are designed to Tribal organizations have the sole unduly limit the prospective partners improve the educational opportunities authority to make these decisions, they for an application. In the interests of and achievement of Indian children and will be better able to maintain control sovereignty, the preference is for the youth. over funds, ensure funds are spent in applicant to partner with a local Tribe With respect to the commenter’s accordance with spending requirements, if possible, but we recognize that this is statement that it is unclear when the hold service providers accountable, and not always possible. In addition, we are new selection criteria in § 263.24 will be deploy scarce resources in the most changing the related program applied, it is clear from the language of effective manner. The commenter requirement to require only LEAs or the regulation that the specific criteria recommended that Tribes and Tribal SEAs to include the Tribe or Indian in § 263.24 as well as the general organizations should be permitted to organization partner in selecting selection criteria in 34 CFR 75.210 may continue providing the same programs services and providers. be chosen to evaluate applicants for any that have proven successful in previous Changes: We have revised proposed competition. In the NPRM we included years. § 263.22(b)(5) to—(1) provide that a non- a range of possible selection criteria, Discussion: We appreciate the Tribal applicant that proposes a project some of which do relate to the new suggestions on the choice priority serving a student population consisting choice priority and some that are more requirements. We agree that it is of 50 percent or more members of one general, so that we are able to choose important that grantees ensure that Tribe must submit documentation of selection criteria that will best align providers are high quality and have a partnership with that Tribe and (2) with the program focus from year to record of success and reliability, and require an LEA or SEA applicant that year. one way to ensure that could be to work proposes a project that will serve a Changes: None. with the SEA. However, we decline to student population where no single Comment: Several commenters add that as a program requirement in Tribe accounts for at least 50 percent of provided specific suggestions regarding order to respect Tribal sovereignty and the members to submit documentation the requirements in proposed § 263.25 so as not to preclude the flexibility for of partnership with at least one Tribe or relating to the new choice priority. grantees to address this in another way Indian organization. We have also One commenter suggested that, to based on local needs and context. revised the related program requirement ensure accountability and reliability of We also agree that applicants with a in § 263.25(a) to require only LEAs or providers, grantees should work with current Demonstration Grant under the SEAs to include the Tribe or Indian their SEA to pre-approve providers. The absolute priority for NYCP could use organization partner in selecting commenter also suggested that their current objectives in a proposed services and providers. applicants with a current Demonstration project under the new choice priority. Comment: One commenter stated that Grant under the absolute priority for Such grantees would need to ensure that proposed § 263.24 adds numerous new Native Youth Community Partnerships they use a variety of providers and selection criteria to the program that (NYCP) should combine some of the permit families to choose from options, would place a significant burden on objectives from the current NYPC rather than using the previous model Tribes and Tribal organizations, project in planning a project under this under which the grantee exclusively whether applying alone or as a new priority in order to sustain provided a specific set of services. documented partner to a non-Tribal successful efforts and relationships. Finally, we agree with the commenter applicant. Additionally, the commenter Finally, the commenter asked that we that it is important that projects engage argued the regulations do not clearly include in this program a focus on and involve parents and families. We state whether these new selection engaging and involving the parent, believe that the requirements attached criteria will be applied to all priorities guardian, or family. to this priority, specifically the parent or only to the new priority in Another commenter objected to the involvement and feedback process that § 263.21(c)(7). new choice priority if its use would may include a parent liaison, will Discussion: Proposed § 263.24 creates result in a decrease in the number of ensure that involvement. new selection criteria for evaluation of students served. The commenter also With regard to whether the new grant applications: Three factors under requested that we include, among choice priority would prevent projects the criterion ‘‘quality of project possible service options, assistance for from increasing the number of students services’’ (§ 263.21(a)), four factors helping students navigate college life. served, we note that applicants have

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43447

discretion in the number of students to parents, services and programs that have amount should be based only on direct serve in their project. The choice proven successful in the past. costs for student services. priority does not create any limitation Changes: None. Comment: One commenter stated that on the number of students a grantee Comment: One commenter stated that we did not engage in Tribal consultation would serve; rather the scope of the when the educational choice priority in regarding several specific provisions in project, the capacity of the grantee and proposed § 263.21(c)(7) is used, the the regulations. The commenter argued its partners, and the availability of corresponding program requirement in that we characterized these changes as service providers in the local area all proposed § 263.25(h)(1)—that at least 80 minor or technical but in the may be factors in determining how percent of grant funds are used for commenter’s view they are substantive many students are served. direct services to eligible students—is changes to the regulations. We decline to add to the list of too limiting and does not take into Discussion: The regulatory provisions possible services assistance to college consideration a Tribe or Indian listed by the commenter are either students in navigating the college organization’s Federal indirect cost rate. technical changes or are changes added experience because the Demonstration The commenter contended that the to the proposed regulations as a result program is an elementary and secondary Tribe or Tribal organization’s Federal of the Tribal consultation sessions. education grant program for Indian indirect cost rate should be used instead The commenter listed, as changes to children and youth. Although one of the of the same percentage for all grantees. the application requirements that were statutory uses of funds is college Discussion: When developing these not part of the Tribal consultation coursework for secondary students to regulations, we determined that when process, the addition of ‘‘and families’’ aid in their transition to higher the educational choice priority in in § 263.22(a)(1) and the addition of education, services to students at § 263.21(c)(7) is used, it is important to ‘‘evidence-based’’ in § 263.22(a)(3). institutions of higher education are not have a specific minimum percentage of These changes are technical changes to allowable uses of funds. the grant funds that must be spent on align the regulations with the ESSA With regard to the Tribe’s role in direct services for eligible students. amendments to title VI of the ESEA, and selecting or approving service providers, Because the choice priority will require are explained in more detail in the the proposed regulations require that a the grantee to engage in activities other separate discussions of each regulatory public school district applicant partner than direct services (for example, provision. The commenter also objected with a Tribe or Indian organization, and seeking out and vetting service to § 263.21(c)(5)(ii), which affects the that together the applicant and the providers, establishing a method for eligibility of BIE-funded schools for the Tribal partner select service providers. parents to select services, and receiving rural priority; this is a technical change, We believe that, rather than unduly parent requests for services), we sought as BIE-funded schools were always burdening the Tribe, this honors Tribal to ensure that these program eligible for the rural priority under the sovereignty and ensures the Tribe’s requirements do not undercut the existing regulations. involvement in the project. Importantly, overall goal of the grant program. In addition, the commenter listed, as this approach will help ensure that Requiring grantees to spend at least 80 changes that were not part of the Tribal Tribal service providers are not omitted percent of grant funds on direct services consultation process, § 263.21(c)(6), the from consideration. In addition to for eligible students helps ensure that addition of a non-rural priority; ensuring the Tribe’s role in designing the grant program supports services that § 263.22(b)(4), a requirement that projects to meet its goals and objectives, improve the educational opportunities applicants plan for how they will we believe that it is important for and achievement of Indian children and oversee service providers; and parents and families to be included in youth, as required under ESEA section § 263.22(b)(5), an application the decision-making process by 6121(a)(1). Although the 80 percent requirement for non-Tribal partnerships. providing them with a choice of services requirement may limit the amount of Each of these changes were the result of or service providers. We believe that indirect costs that some grantees are recommendations and input from Tribes this level of parent and family otherwise authorized to take, most that occurred as part of the Tribal involvement is consistent with section Department grantees have indirect cost consultation process. 6121(d)(3) of the ESEA, which requires rates well under 20 percent, and for The commenter also cited the new applicants for this grant program to those with higher authorized rates, the selection criteria in § 263.24 and new describe how parents and families of 80 percent requirement effectuates the program requirements in § 263.25 as Indian children will be involved in policy goal of ensuring that funds are further changes that were not part of the developing and implementing the spent on services to students. Tribal consultation process. While these activities of each project. Although we determined that no specific selection criteria and Regarding the commenter’s concerns change is needed to this program requirements were not listed in the about the appropriate and effective use requirement, we also examined the request for Tribal consultation, these of funds and the ability to hold service related selection criterion in proposed criteria and requirements were informed providers accountable, the eligibility for § 263.24(c)(1) regarding the extent to by the totality of input and discussion this program is not limited to Tribes and which the budget reflects a reasonable we received during the Tribal Indian organizations. Other entities, per-pupil amount for services. Whereas consultation process. including public school districts and in the NPRM the proposed language Changes: None. other entities, can be, and in the past excluded funds for ‘‘project Comment: None. have been, successful in administering administration,’’ we are clarifying that Discussion: Upon further grants under the Demonstration the per-pupil amount should be based consideration regarding the new priority program. Although we have added the only on costs for direct services, and for choice in § 263.21(c)(7), and in requirement to partner with Tribes or should not take into account other costs considering that many applicants may Indian organizations, the lead applicant such as the cost of the service selection propose a planning period for a portion can be an entity other than a Tribe or method or parent feedback process. of their project, it is important that we Indian organization. Finally, a Tribal Changes: We have revised proposed clarify the expectations for grantees that grantee under the new priority is not § 263.24(c)(1) (§ 263.24(d)(1) in the final use a planning period. Specifically, in prevented from offering as options for regulations) to clarify that the per-pupil § 263.25(i), we have added a

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43448 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

requirement that grantees submit to the Changes: We have added new actions. These final regulations are not Department prior to the end of the paragraphs (b)(6) and (7) to proposed a significant regulatory action. planning period the following § 263.22, requiring that applications Therefore, the requirements of documentation: (1) A description of the include assurances of non-supplanting Executive Order 13771 do not apply. service selection process, which is and, for applicants that do not propose We have also reviewed these functioning and ready for parent use; (2) a planning period, documentation of regulations under Executive Order a description of the parent involvement compliance with certain program 13563, which supplements and and feedback process, which is requirements; deleted proposed explicitly reaffirms the principles, functioning and ready for parent use; (3) paragraphs (c) and (d)(3) of § 263.25; structures, and definitions governing a sample of the written agreement with redesignated proposed § 263.25(d) regulatory review established in providers, along with a list of providers through (h) as § 263.25(c) through (g); Executive Order 12866. To the extent with whom the grantee has obtained revised proposed § 263.25(h) to permit permitted by law, Executive Order signed written agreements; and (4) a planning periods of up to 12 months; 13563 requires that an agency— description of the process to be used to added new § 263.25(h)(3) to restrict (1) Propose or adopt regulations only select students in the case of excess funds from being used to establish or on a reasoned determination that their demand. develop entities that may become benefits justify their costs (recognizing For applicants that do not propose a service providers; and added new that some benefits and costs are difficult planning period, it is important that paragraph (h) to § 263.25 regarding to quantify); applicants provide a description of how information that must be submitted at (2) Tailor its regulations to impose the they will meet these four program the end of a planning period. least burden on society, consistent with requirements; therefore, we are also obtaining regulatory objectives and adding them as application Executive Orders 12866, 13563, and taking into account—among other things requirements for such grantees in 13771 Regulatory Impact Analysis and to the extent practicable—the costs § 263.22(b)(7). We have also determined Under Executive Order 12866, it must of cumulative regulations; that the program requirement regarding be determined whether this regulatory (3) In choosing among alternative supplement-not-supplant in § 263.25(c) action is ‘‘significant’’ and, therefore, regulatory approaches, select those should be moved to the application subject to the requirements of the approaches that maximize net benefits requirements in § 263.22(b)(6) as an Executive order and subject to review by (including potential economic, assurance. We have removed proposed the Office of Management and Budget environmental, public health and safety, paragraph § 263.25(d)(3), which (OMB). Section 3(f) of Executive Order and other advantages; distributive required that the service selection 12866 defines a ‘‘significant regulatory impacts; and equity); method be supplemental to existing action’’ as an action likely to result in (4) To the extent feasible, specify methods to reduce unnecessarily a rule that may— performance objectives, rather than the duplication and burden. Finally, to (1) Have an annual effect on the behavior or manner of compliance a provide flexibility for applicants that economy of $100 million or more, or regulated entity must adopt; and would like a planning period of less adversely affect a sector of the economy, (5) Identify and assess available than a year in order to provide direct productivity, competition, jobs, the alternatives to direct regulation, services to students more quickly, we environment, public health or safety, or including economic incentives—such as are revising the relevant language of State, local, or Tribal governments or user fees or marketable permits—to proposed § 263.25(h) to permit a shorter communities in a material way (also encourage the desired behavior, or planning period. referred to as an ‘‘economically provide information that enables the In further consideration of the significant’’ rule); public to make choices. planning period and the relationship (2) Create serious inconsistency or Executive Order 13563 also requires between grantees and service providers, otherwise interfere with an action taken an agency ‘‘to use the best available we are also clarifying the limitations on or planned by another agency; techniques to quantify anticipated the use of grant funds. We are not (3) Materially alter the budgetary present and future benefits and costs as changing the limits proposed in impacts of entitlement grants, user fees, accurately as possible.’’ The Office of § 263.25(h)(1) and (2), which require or loan programs or the rights and Information and Regulatory Affairs of that at least 80 percent of grants funds obligations of recipients thereof; or OMB has emphasized that these are used for direct services and not more (4) Raise novel legal or policy issues techniques may include ‘‘identifying than 15 percent of the grant funds are arising out of legal mandates, the changing future compliance costs that used for the service selection method. President’s priorities, or the principles might result from technological We had proposed the provision that stated in the Executive order. innovation or anticipated behavioral these limits do not apply during a This final regulatory action is not a changes.’’ grantee’s planning period in order to significant regulatory action subject to We are issuing these final regulations permit grantees to use funds during a review by OMB under section 3(f) of only on a reasoned determination that planning period to establish a service Executive Order 12866. their benefits justify their costs. In selection method and parent feedback Under Executive Order 13771, for choosing among alternative regulatory process. To ensure that grantees use each new regulation that the approaches, we selected those funds in a way that will maximize Department proposes for notice and approaches that maximize net benefits. services to students rather than funding comment or otherwise promulgates that Based on the analysis that follows, the a specific service opportunity, we are is a significant regulatory action under Department believes that these final clarifying that grantees may not use Executive Order 12866 and that imposes regulations are consistent with the grant funds to establish or develop the total costs greater than zero, it must principles in Executive Order 13563. capacity of entities that are or may identify two deregulatory actions. For Discussion of Costs and Benefits: The become service providers for the project. Fiscal Year 2020, any new incremental potential costs associated with this This requirement applies both during a costs associated with a new regulation regulatory action are those resulting planning period and for the duration of must be fully offset by the elimination from statutory requirements and those the grant. of existing costs through deregulatory we have determined as necessary for

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43449

administering the Department’s Regulatory Flexibility Act Certification provided through the Indian Education programs and activities. The potential The Secretary certifies that these final Discretionary Grant programs. costs associated with the priorities and regulations will not have a substantial Paperwork Reduction Act of 1995 requirements will be minimal, while the economic impact on a substantial potential benefits are significant. We number of small entities. The U.S. Small As part of its continuing effort to have determined that these proposed Business Administration Size Standards reduce paperwork and respondent regulations would impose minimal costs define proprietary institutions as small burden, the Department provides the on eligible applicants. Program businesses if they are independently general public and Federal agencies participation is voluntary, and the costs owned and operated, are not dominant with an opportunity to comment on imposed on applicants by these in their field of operation, and have total proposed and continuing collections of regulations will be limited to paperwork annual revenue below $7,000,000. information, in accordance with the burden related to preparing an Nonprofit institutions are defined as Paperwork Reduction Act of 1995 (PRA) application. The potential benefits of small entities if they are independently (44 U.S.C. 3506(c)(2)(A)). This helps implementing the programs—for owned and operated and not dominant ensure that: The public understands the example, expanding the choices in their field of operation. Public Department’s collection instructions, available to parents and students, institutions are defined as small respondents can provide the requested organizations if they are operated by a improving access to services such as data in the desired format, reporting government overseeing a population Native language programs, and burden (time and financial resources) is below 50,000. providing new internship or minimized, collection instruments are The small entities that will be affected clearly understood, and the Department apprenticeship programs—would by these final program regulations are outweigh any costs incurred by can properly assess the impact of LEAs, TCUs, Tribes, Indian collection requirements on respondents. applicants, and the costs of carrying out organizations, and BIE-funded schools. activities associated with the The final regulations will not have a Proposed § 263.22 (Application application will be paid for with significant economic impact on the Requirements) and § 263.24 (Selection program funds. For these reasons, we small entities affected because the Criteria) contain information collection have determined that the costs of regulations impose only minimal requirements (ICR) for the program implementation will be minimal for regulatory burdens and do not require application package. As a result of the eligible applicants, including small unnecessary Federal supervision. The proposed revisions to these sections, entities. final regulations will impose minimal under the PRA, the Department has submitted a copy of these sections and Elsewhere in this section under requirements to ensure the proper expenditure of program funds. We note an Information Collection request to Paperwork Reduction Act of 1995, we that grantees that will be subject to the OMB for its review, 1810–0722. identify and explain burdens minimal requirements imposed by these In Table 1 below, we assume 100 specifically associated with information final regulations will be able to meet the applicants each spend 30 hours collection requirements. costs of compliance using Federal funds preparing their applications.

TABLE 1—DEMONSTRATION GRANTS PROGRAM INFORMATION COLLECTION STATUS

Previous Burden under final OMB Control No. Relevant Expiration burden rule Action under final rule regulations (total hours) (total hours)

1810–0722 ...... Sections 263.22, July 31, 2021 ...... Applicants: 4,000 ...... Applicants: 3,000 ...... Reinstate this collec- 263.24. tion with changes.

Intergovernmental Review Federalism section of this preamble, we discuss any This competition is subject to comments we received on this subject. Executive Order 13132 requires us to Accessible Format: Individuals with Executive Order 12372 and the ensure meaningful and timely input by regulations in 34 CFR part 79. However, disabilities can obtain this document in State and local elected officials in the under 34 CFR 79.8(a), we waive an accessible format (e.g., braille, large intergovernmental review in order to development of regulatory policies that print, audiotape, or compact disc) on make awards by the end of FY 2020. have federalism implications. request to the program contact person ‘‘Federalism implications’’ means listed under FOR FURTHER INFORMATION Assessment of Educational Impact substantial direct effects on the States, CONTACT. In the NPRM we requested comments on the relationship between the Electronic Access to This Document: on whether the proposed regulations National Government and the States, or The official version of this document is would require transmission of on the distribution of power and the document published in the Federal information that any other agency or responsibilities among the various Register. You may access the official authority of the United States gathers or levels of government. edition of the Federal Register and the Code of Federal Regulations at makes available. In the NPRM we solicited comments Based on the response to the NPRM www.govinfo.gov. At this site you can on whether any sections of the proposed and on our review, we have determined view this document, as well as all other that these final regulations do not regulations could have federalism documents of this Department require transmission of information that implications and encouraged State and published in the Federal Register, in any other agency or authority of the local elected officials to review and text or Portable Document Format United States gathers or makes provide comments on the proposed (PDF). To use PDF you must have available. regulations. In the Public Comment Adobe Acrobat Reader, which is

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43450 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

available free at the site. You may also (such as a grandparent or stepparent (1) Native youth community projects. access documents of the Department with whom the child lives, or a person Native youth community projects, as published in the Federal Register by who is legally responsible for the child’s defined in this subpart. using the article search feature at welfare). (2) Experienced applicants. Projects www.federalregister.gov. Specifically, * * * * * in which the applicant or one of its through the advanced search feature at Tribal College or University (TCU) partners has received a grant in the last this site, you can limit your search to means an accredited college or four years under a Federal program documents published by the university within the United States selected by the Secretary and Department. cited in section 532 of the Equity in announced in a notice inviting Educational Land-Grant Status Act of applications published in the Federal List of Subjects in 34 CFR Part 263 1994, any other institution that qualifies Register. Business and industry, Colleges and for funding under the Tribally (3) Consolidated funding. Projects in universities, Elementary and secondary Controlled College or University which the applicant has Department education, Grant programs—education, Assistance Act of 1978, and the Navajo approval to consolidate funding through Grant programs—Indians, Indians— Community College, authorized in the a plan that complies with section 6116 education, Reporting and recordkeeping Navajo Community College Assistance of the ESEA or other authority requirements, scholarships and Act of 1978. designated by the Secretary. fellowships. ■ 4. Section 263.21 is revised to read as (4) Statutorily authorized activities. follows: Projects that focus on a specific activity Frank T. Brogan, authorized in section 6116(c) of the Assistant Secretary for Elementary and § 263.21 What priority is given to certain ESEA as designated by the Secretary in Secondary Education. projects and applicants? the notice inviting applications. For the reasons discussed in the (a) The Secretary gives priority to an (5) Rural applicants. Projects that preamble, the Secretary of Education application that presents a plan for include either— amends part 263 of title 34 of the Code combining two or more of the activities (i) An LEA that is eligible under the of the Federal Regulations as follows: described in section 6121(c) of the Small Rural School Achievement Elementary and Secondary Education (SRSA) program or the Rural and Low- PART 263—INDIAN EDUCATION Act of 1965, as amended (ESEA), over Income School (RLIS) program DISCRETIONARY GRANT PROGRAMS a period of more than one year. authorized under title VI, part B of the (b) The Secretary gives a competitive ESEA; or ■ 1. The authority citation for part 263 preference priority to— (ii) A BIE-funded school that is continues to read as follows: (1) Tribal lead applicants. An located in an area designated with Authority: 20 U.S.C. 7441, unless application submitted by an Indian locale code of either 41, 42, or 43 as otherwise noted. Tribe, Indian organization, BIE-funded designated by the National Center for ■ 2. Revise the heading to subpart B to school, or TCU that is eligible to Education Statistics. read as follows: participate in the Demonstration Grants (6) Non-rural applicants. Non-rural for Indian Children and Youth program. projects that do not meet the priority in Subpart B—Demonstration Grants for A group application submitted by a paragraph (c)(5) of this section. This Indian Children and Youth Program consortium that meets the requirements priority can only be used in of 34 CFR 75.127 through 75.129 or competitions where the priority in ■ 3. Section 263.20 is amended by: submitted by a partnership is eligible to paragraph (c)(5) of this section is also ■ a. In the section heading, adding the receive the preference only if the lead used. words ‘‘and Youth’’ after the word applicant is an Indian Tribe, Indian (7) Accessing choices in education. ‘‘Children’’. Projects to expand educational choice ■ b. Removing the definition of ‘‘Indian organization, BIE-funded school, or TCU; or by enabling a Tribe, or the grantee and institution of higher education’’. its Tribal partner, to select a project ■ c. In paragraph (5) of the definition of (2) Tribal partnership. A group focus that meets the needs of their ‘‘Indian organization’’, adding the words application submitted by a consortium students and enabling parents of Indian ‘‘or TCU’’ after ‘‘higher education’’. of eligible entities that meets the ■ d. In paragraph (6)(i) of the definition requirements of 34 CFR 75.127 through students, or the students, to choose of ‘‘Native Youth community project’’, 75.129 or submitted by a partnership if education services by selecting the adding the words ‘‘and Youth’’ after the the consortium or partnership— specific service and provider desired. word ‘‘Children’’. (i) Includes an Indian Tribe, Indian ■ 5. Section 263.22 is amended by: ■ e. Adding in alphabetical order a organization, BIE-funded school, or ■ a. Revising paragraphs (a)(1) and (3). definition of ‘‘Parent’’. TCU; and ■ b. Adding paragraphs (b)(4) through ■ f. In the definition of ‘‘Professional (ii) Is not eligible to receive the (7). development activities’’, adding the preference in paragraph (b)(1) of this The revisions and additions read as words ‘‘and Youth’’ after the word section. follows: ‘‘Children’’. (c) The Secretary may give priority to ■ g. Adding in alphabetical order a an application that meets any of the § 263.22 What are the application requirements for these grants? definition for ‘‘Tribal College or priorities listed in this paragraph. When University (TCU)’’. inviting applications for a competition (a) * * * under the Demonstration Grants (1) A description of how Indian Tribes The additions read as follows: program, the Secretary designates the and parents and families of Indian § 263.20 What definitions apply to the type of each priority as absolute, children and youth have been, and will Demonstration Grants for Indian Children competitive preference, or invitational be, involved in developing and and Youth program? through a notice inviting applications implementing the proposed activities; * * * * * published in the Federal Register. The * * * * * Parent includes a legal guardian or effect of each type of priority is (3) Information demonstrating that the other person standing in loco parentis described in 34 CFR 75.105. proposed project is evidence-based,

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43451

where applicable, or is based on an § 263.24 How does the Secretary evaluate student services, that is reasonable in existing evidence-based program that applications for the Demonstration Grants relation to the project objectives. has been modified to be culturally for Indian Children and Youth grants (2) The extent to which the per-pupil appropriate for Indian students; program? costs of specific services and per-pupil * * * * * (a) In general. The Secretary uses the funds available are transparent to (b) * * * procedures in 34 CFR 75.200 through parents and other stakeholders. (4) A plan for how the applicant will 75.210 to establish the selection criteria ■ 8. Add § 263.25 to read as follows: oversee service providers and ensure and factors used to evaluate applications submitted in a grant § 263.25 What are the program that students receive high-quality requirements when the Secretary uses the services under the project. competition for the Demonstration Grants for Indian Children and Youth priority in § 263.21(c)(7)? (5) (i) For an applicant that is not a In any year in which the Secretary Tribe, if 50 percent or more of the total program. The Secretary may also consider one or more of the criteria and uses the priority in § 263.21(c)(7) for a student population of the schools to be competition, each project must— served by the project consists of factors in this section to evaluate applications. (a) Include the following, which are members of one Tribe, documentation chosen by the grantee, or for LEAs and that that Tribe is a partner for the (b) Quality of project services. The Secretary may consider one or more of SEAs, the grantee and its partnering proposed project. Tribe or Indian organization: (ii) For an applicant that is an LEA or the following factors in determining the quality of project services: (1) A project focus and specific SEA and is not required by paragraph (i) services that are based on the needs of of this section to partner with a specific (1) The extent to which the project would offer high-quality choices of the local community; and Tribe, documentation that at least one (2) Service providers; Tribe or Indian organization is a partner services, including culturally relevant (b) Include more than one education for the proposed project. services, and providers, for parents and option from which parents and students (6) An assurance that— students to select. may choose, which may include— (i) Services will be supplemental to (2) The extent to which the services (1) Native language, history, or culture the education program provided by to be offered would meet the needs of courses; local schools attended by the students to the local population, as demonstrated (2) Advanced, remedial, or elective be served; by an analysis of community-level data, courses, which may be online; (ii) Funding will be supplemental to including direct input from parents and (3) Apprenticeships or training existing sources, such as Johnson families of Indian children and youth. programs that lead to industry O’Malley funding; and (3) The quality of the plan to ensure certifications; (iii) The availability of funds for that the services to be offered are (4) Concurrent and dual enrollment; supplemental special education and evidence-based, where applicable, or are (5) Tuition for private school or home related services (i.e., services that are based on existing evidence-based education expenses; not part of the special education and programs that have been modified to be (6) Special education and related related services, supplementary aids culturally appropriate for Indian services that supplement, and are not and services, and program modifications students. part of, the special education and or supports for school personnel that are (c) Quality of the project design. The related services, supplementary aids required to make a free appropriate Secretary may consider one or more of and services, and program modifications public education (FAPE) available the following factors in determining the or supports for school personnel under Part B of the Individuals with quality of the project design: required to make available a free Disabilities Education Act (IDEA) to a (1) The extent to which the project is appropriate public education (FAPE) child with a disability in conformity designed to improve student and parent under Part B of the IDEA to a child with with the child’s IEP or the regular or satisfaction with the student’s overall a disability in conformity with the special education and related aids and education experience, as measured by child’s individualized education services required to make FAPE pre- and post-project data. program (IEP) or the regular or special available under a Section 504 plan, if (2) The extent to which the applicant education and related aids and services any) does not affect the right of the child proposes a fair and neutral process of required to ensure FAPE under Section to receive FAPE under Part B of the selecting service providers that will 504 of the Rehabilitation Act of 1973 IDEA or Section 504, and the respective result in high-quality options from (Section 504); implementing regulations. which parents and students can select (7) Books, materials, or education (7) For an applicant that does not services. technology, including learning software propose a planning period— (3) The quality of the proposed plan or hardware, that are accessible to all (i) A description of the service to inform parents and students about children; selection method required in available service choices under the (8) Tutoring; § 263.25(d). project, and about the timeline for (9) Summer or afterschool education (ii) A description of the parent termination of the project. programs, and student transportation involvement and feedback process (4) The quality of the applicant’s plan needed for those specific programs. required in § 263.25(e). to oversee service providers and ensure Such programs could include (iii) A sample of the written that students receive high-quality instruction in the arts, music, or sports, agreement required in § 263.25(f). services under the project. to the extent that the applicant can (iv) A description of the process to (d) Reasonableness of budget. The demonstrate that such services are choose students to be served, as Secretary may consider one or more of culturally related or are supported by required in § 263.25(g). the following factors in determining the evidence that suggests the services may reasonableness of the project budget: have a positive effect on relevant ■ 6. Revising the authority citation to (1) The extent to which the budget education outcomes; § 263.23 to read as follows: reflects the number of students to be (10) Testing preparation and (Authority: 25 U.S.C. 5304, 5307) served and a per-pupil amount for application fees, including for private ■ 7. Add § 263.24 to read as follows: services, based only on direct costs for school and graduating students;

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43452 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

(11) Supplemental counseling of requests from parents of eligible President on December 20, 2019, services, not to include psychiatric or students or from students for services Congress provided $50 million in medical services; or under the project exceeds the available budget authority for the Water (12) Other education-related services capacity, with regard to the number or Infrastructure Finance and Innovation that are reasonable and necessary for the intensity of services offered; Act of 2014 (WIFIA) program to cover project; (g) Ensure that— the subsidy required to provide a much (c) Provide a method to enable parents (1) At least 80 percent of grant funds larger amount of credit assistance. The and students to select services. Such a are used for direct services to eligible Environmental Protection Agency (EPA method must— students, provided that, if a grantee or the Agency) estimates that this (1) Ensure that funds will be requests and receives approval for a budget authority may provide transferred directly from the grantee to planning period, not to exceed 12 approximately $5 billion in credit the selected service provider; and months, the 80 percent requirement assistance and may finance (2) Include service providers other does not apply to that planning period; approximately $10 billion in water than the applicant, although the (2) Not more than 15 percent of grant infrastructure investment, while applicant may be one of the service funds are used on the service selection covering increased costs associated with providers; method described in paragraph (d) of implementing a larger program. The (d) Include a parent involvement and this section or the parent involvement purpose of this notice of funding feedback process that— and feedback process described in availability (NOFA) is to solicit letters of (1) Describes a way for parents to paragraph (e) of this section, except in interest (LOIs) from prospective request services or providers that are not an authorized planning period; and borrowers seeking credit assistance from (3) No grant funds are used to currently offered and provide input on EPA. services provided through the project, establish or develop the capacity of EPA will evaluate and select proposed and describes how the grantee will entities or individuals that are or may projects described in the LOIs using the provide parents with written responses become service providers under this selection criteria established in statute project; within 30 days; and and regulation, and further described in (h) For a grantee that receives (2) May include a parent liaison to this NOFA as well as the WIFIA approval for a planning period, not to support the grantee in outreach to program handbook. This NOFA parents, inform parents and students of exceed 12 months, submit to the Department prior to the end of that establishes relative weights that will be the timeline for the termination of the used in the current LOI submittal period project, and assist parents and the period the following documents: (1) A description of the operational for the selection criteria, introduces new grantee with the process by which a budgetary scoring factors to determine parent can request services or providers service selection process that meets the requirements of paragraph (c) of this budgetary scoring compliance, and not already specified by the grantee; outlines the process that prospective (e) Include a written agreement section. (2) A description of the operational borrowers should follow to be between the grantee and each service considered for WIFIA credit assistance. provider under the project. Each parent involvement and feedback process that meets the requirements of In addition, EPA reserves the right to agreement must include— paragraph (d) of this section. make additional awards using FY 2020 (1) A nondiscrimination clause that— appropriated funding or available carry- (i) Requires the provider to abide by (3) A sample of the written agreement that meets the requirements of over resources, consistent with Agency all applicable non-discrimination laws paragraph (e) of this section, and a list policy and guidance, if additional with regard to students to be served, of providers with whom the grantee has funding is available after the original e.g., on the basis of race, color, national signed written agreements. selections are made. This could include origin, religion, sex, or disability; and (4) A description of the process that holding a subsequent selection round. (ii) Prohibits the provider from will be used to choose students to be DATES: discriminating among students who are The LOI submittal period will served in the event that the demand for eligible for services under this program, begin on July 17, 2020 and end at 11:59 services exceeds the available capacity, p.m. EDT on October 15, 2020. i.e., that meet the definition of ‘‘Indian’’ as described in paragraph (f) of this in section 6151 of the ESEA, on the ADDRESSES: Prospective borrowers section. should submit all LOIs electronically basis of affiliation with a particular [FR Doc. 2020–15543 Filed 7–16–20; 8:45 am] Tribe; via email at: [email protected] or via EPA’s BILLING CODE 4000–01–P (2) A description of how the grantee SharePoint site. To be granted access to will oversee the service provider and the SharePoint site, prospective hold the provider accountable for— borrowers should contact [email protected] ENVIRONMENTAL PROTECTION (i) The terms of the written agreement; and request a link to the SharePoint site, AGENCY and where they can securely upload their (ii) The use of funds, including [FRL 10012–16–OW] LOIs. Requests to upload documents compliance with generally accepted should be made no later than 5:00 p.m. accounting procedures and Federal cost 40 CFR Part 35 EDT on October 13, 2020. principles; EPA will notify prospective borrowers (3) A description of how students’ Notice of Funding Availability for that their LOI has been received via a progress will be measured; and Applications for Credit Assistance confirmation email. (4) A provision for the termination of Under the Water Infrastructure Finance Prospective borrowers can access the agreement if the provider is unable and Innovation Act (WIFIA) Program additional information, including the to meet the terms of the agreement; AGENCY: Environmental Protection WIFIA program handbook and (f) Include a fair and documented Agency (EPA). application materials, on the WIFIA website: https://www.epa.gov/wifia/. process to choose students to be served, ACTION: Notice of funding availability. such as a lottery or other transparent SUPPLEMENTARY INFORMATION: For a criteria (e.g., based on particular types SUMMARY: In the Further Consolidated project to be considered during a of need), in the event that the number Appropriations Act, 2020, signed by the selection round, EPA must receive a

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43453

LOI, via email or SharePoint, before the administered by EPA. WIFIA authorizes structuring flexibilities that the WIFIA corresponding deadline listed above. EPA to provide federal credit assistance loans can offer. EPA is only able to accept emails of 25 in the form of secured (direct) loans or III. Eligibility Requirements MB or smaller with unzipped loan guarantees for eligible water attachments (EPA cannot accept zipped infrastructure projects. The WIFIA statute and implementing files). If necessary due to size The WIFIA program’s mission is to rules set forth eligibility requirements restrictions, prospective borrowers may accelerate investment in our nation’s for prospective borrowers, projects, and submit attachments separately, as long water and wastewater infrastructure by project costs. The requirements outlined as they are received by the deadline. providing long-term, low-cost, below are described in greater detail in When writing a LOI, prospective supplemental credit assistance under the WIFIA program handbook. borrowers are encouraged to fill out the customized terms to creditworthy water A. Eligible Applicants WIFIA LOI form and follow the infrastructure projects of national and guidelines contained on the WIFIA regional significance. Prospective borrowers must be one of program website: https://www.epa.gov/ the following in order to be eligible for wifia/wifia-application-materials. II. Program Funding WIFIA credit assistance: Prospective borrowers should provide Congress appropriated $50 million in (i) A corporation; the LOI and any attachments as funding to cover the subsidy cost of (ii) A partnership; Microsoft Word documents or providing WIFIA credit assistance. The (iii) A joint venture; searchable PDF files, whenever possible, subsidy cost covers the Federal (iv) A trust; to facilitate EPA’s review. Additionally, government’s risk that the loan may not (v) A federal, state, or local prospective borrowers should ensure be paid back. EPA anticipates that the governmental entity, agency, or that financial information, including the average subsidy cost for WIFIA-funded instrumentality; pro forma financial statement, is in a projects will be relatively low; therefore, (vi) A tribal government or a formula-based Microsoft Excel this funding can be leveraged into a consortium of tribal governments; or document. Section VI of this NOFA much larger amount of credit assistance. (vii) A state infrastructure financing provides additional details on the LOI’s EPA estimates that this appropriation authority. content. will allow the Agency to provide B. Eligible Projects EPA will invite each prospective approximately $5 billion 1 in long-term, borrower whose project proposal is low-cost financing to water and The WIFIA statute authorizes EPA to selected for continuation in the process wastewater infrastructure projects and provide credit assistance for a wide to submit a final application. Final accelerate approximately $10 billion in variety of projects. Projects must be one applications should be received by EPA infrastructure investment around the of the following in order to be eligible within 365 days of the invitation to country. for WIFIA credit assistance: apply but EPA may extend the deadline (i) One or more activities that are on a case-by-case basis if the LOI Recognizing the need that exists in both small and large communities to eligible for assistance under section schedule signals additional time may be 603(c) of the Federal Water Pollution needed. invest in infrastructure, Congress stipulated in statute that EPA set aside Control Act (33 U.S.C. 1383(c)), EPA will host a series of webinars to notwithstanding the public ownership provide further information about 15 percent of the budget authority appropriated each year for small requirement under paragraph (1) of that submitting a LOI. The webinar schedule subsection; and registration instructions can be communities, defined as systems that serve a population of less than 25,000. (ii) One or more activities described found on the WIFIA program website: in section 1452(a)(2) of the Safe www.epa.gov/wifia. Of the funds set aside, any amount not obligated by June 1 of the fiscal year for Drinking Water Act (42 U.S.C. 300j– Prospective borrowers with questions 12(a)(2)); about the program or interest in meeting which budget authority is set aside may (iii) A project for enhanced energy with the WIFIA program staff may send be used for any size community. efficiency in the operation of a public a request to [email protected]. EPA will Regardless of whether EPA obligates water system or a publicly owned meet with all prospective borrowers these funds by June 1 of the fiscal year treatment works; interested in discussing the program, for which budget authority is set aside, (iv) A project for repair, rehabilitation, but only prior to submission of a LOI. EPA will endeavor to use 15 percent of its budget authority for small or replacement of a treatment works, Table of Contents communities. community water system, or aging water I. Background In addition to assisting both large and distribution or waste collection facility II. Program Funding small projects and communities, WIFIA (including a facility that serves a III. Eligibility Requirements may be an attractive borrowing population or community of an Indian IV. Fiscal Year 2020 Office of Management mechanism for a variety of different reservation); and Budget Budgetary Scoring (v) A brackish or sea water Determination borrower and credit types. EPA anticipates that municipalities, private desalination project, including chloride V. Types of Credit Assistance control, a managed aquifer recharge VI. Letters of Interest and Applications entities, project financings, State VII. Fees Revolving Fund programs, and tribes project, a water recycling project, or a VIII. Selection Criteria will benefit from the low cost and debt project to provide alternative water supplies to reduce aquifer depletion; I. Background (vi) A project to prevent, reduce, or 1 This estimated loan volume is provided for Congress enacted WIFIA as part of the reference only. Consistent with the Federal Credit mitigate the effects of drought, Water Resources Reform and Reform Act of 1990 and the requirements of the including projects that enhance the Development Act of 2014 (WRRDA). Office of Management and Budget, the actual resilience of drought-stricken subsidy cost of providing credit assistance is based watersheds; Codified at 33 U.S.C. 3901–3914, WIFIA on individual project characteristics and calculated authorizes a federal credit program for on a project-by-project basis. Thus, actual lending (vii) Acquisition of real property or an water infrastructure projects to be capacity may vary. interest in real property—

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43454 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

(a) If the acquisition is integral to a reasonably anticipated to equal or (x) Endangered Species Act, 16 U.S.C. project described in paragraphs (i) exceed $5 million; 1531 et seq., https://www.fws.gov/ through (v); or (iii) Project financing shall be endangered/; (b) Pursuant to an existing plan that, repayable, in whole or in part, from (xi) Federal Actions to Address in the judgment of the Administrator, state or local taxes, user fees, or other Environmental Justice in Minority would mitigate the environmental dedicated revenue sources that also Populations and Low-Income impacts of water resources secure the senior project obligations of Populations, Executive Order 12898, 59 infrastructure projects otherwise eligible the project; shall include a rate FR 7629, February 16, 1994, https:// for assistance under this section; covenant, coverage requirement, or www.archives.gov/files/federal-register/ (viii) A combination of projects, each similar security feature supporting the executive-orders/pdf/12898.pdf; of which is eligible under paragraph (i) project obligations; and may have a lien (xii) Protection of Wetlands, or (ii), for which a state infrastructure on revenues subject to any lien securing Executive Order 11990, 42 FR 26961, financing authority submits to the project obligations; May 25, 1977, as amended by Executive Administrator a single application; or (iv) In the case of a project that is Order 12608, 52 FR 34617, September (ix) A combination of projects secured undertaken by an entity that is not a 14, 1987, https://www.epa.gov/cwa-404; by a common security pledge, each of state or local government or an agency (xiii) Farmland Protection Policy Act, which is eligible under paragraph (i), or instrumentality of a State or local 7 U.S.C. 4201 et seq., https:// (ii), (iii), (iv), (v), (vi), or (vii), for which government, or a tribal government or www.nrcs.usda.gov/wps/portal/nrcs/ an eligible entity, or a combination of consortium of tribal governments, the detail/?cid=nrcs143_008275; eligible entities, submits a single project that the entity is undertaking (xiv) Fish and Wildlife Coordination application. shall be publicly sponsored; and Act, 16 U.S.C. 661–666c, as amended, (v) The applicant shall have https://www.fws.gov/; C. Eligible Costs developed an operations and (xv) Magnuson-Stevens Fishery As defined under 33 U.S.C. 3906 and maintenance plan that identifies Conservation and Management Act, 16 described in the WIFIA program adequate revenues to operate, maintain, U.S.C. 1801 et seq., https:// handbook, eligible project costs are and repair the project during its useful www.fisheries.noaa.gov/resource/ costs associated with the following life. document/magnuson-stevens-fishery- activities: conservation-and-management-act; (i) Development-phase activities, E. Federal Requirements (xvi) National Historic Preservation including planning, feasibility analysis All projects receiving WIFIA Act, 16 U.S.C. 470 et seq., https:// (including any related analysis assistance must comply, if applicable, www.nps.gov/archeology/tools/laws/ necessary to carry out an eligible with federal requirements and NHPA.htm; project), revenue forecasting, regulations, including (but not limited (xvii) Safe Drinking Water Act, 42 environmental review, permitting, to): U.S.C. 300f et seq., https:// preliminary engineering and design (i) American Iron and Steel www.epa.gov/ground-water-and- work, and other preconstruction Requirement, 33 U.S.C. 3914, https:// drinking-water; activities; www.epa.gov/cwsrf/state-revolving- (xviii) Wild and Scenic Rivers Act, 16 (ii) Construction, reconstruction, fund-american-iron-and-steel-ais- U.S.C. 1271 et seq., https://rivers.gov/; rehabilitation, and replacement requirement; (xix) Debarment and Suspension, activities; (ii) Labor Standards, 33 U.S.C. 1372, Executive Order 12549, 51 FR 6370, (iii) The acquisition of real property https://www.dol.gov/whd/govcontracts/ February 18, 1986, https:// or an interest in real property (including dbra.htm; www.archives.gov/federal-register/ water rights, land relating to the project, (iii) National Environmental Policy codification/executive-order/ and improvements to land), Act of 1969, 42 U.S.C. 4321 et seq., 12549.html; environmental mitigation (including https://www.epa.gov/nepa; (xx) Demonstration Cities and acquisitions pursuant to 33 U.S.C. (iv) Floodplain Management, Metropolitan Development Act, 42 3905(8)), construction contingencies, Executive Order 11988, 42 FR 26951, U.S.C. 3301 et seq., as amended, and and acquisition of equipment; and May 24, 1977, https:// Executive Order 12372, 47 FR 30959, (iv) Capitalized interest necessary to www.archives.gov/federal-register/ July 14, 1982, http://portal.hud.gov/ meet market requirements, reasonably codification/executive-order/ hudportal/HUD?src=/program_offices/ required reserve funds, capital issuance 11988.html; comm_planning; expenses, and other carrying costs (v) Archeological and Historic (xxii) New Restrictions on Lobbying, during construction. Capitalized interest Preservation Act, 16 U.S.C. 469–469c, 31 U.S.C. 1352, https://www.epa.gov/ on WIFIA credit assistance may not be https://www.nps.gov/archeology/tools/ grants/lobbying-and-litigation- included as an eligible project cost. laws/ahpa.htm; information-federal-grants-cooperative- (vi) Clean Air Act, 42 U.S.C. 7401 et agreements-contracts-and-loans; D. Threshold Requirements seq., https://www.epa.gov/clean-air-act- (xxiii) Prohibitions relating to For a project to be considered for overview; violations of the Clean Water Act or WIFIA credit assistance, a project must (vii) Clean Water Act, 33 U.S.C. 1251 Clean Air Act with respect to Federal meet the following five criteria: et seq., https://www.epa.gov/aboutepa/ contracts, grants, or loans under 42 (i) The project and obligor shall be about-office-water; U.S.C. 7606 and 33 U.S.C. 1368, and creditworthy; (viii) Coastal Barrier Resources Act, Executive Order 11738, 38 FR 25161, (ii) A project shall have eligible 16 U.S.C. 3501 et seq., https:// September 12, 1973, https:// project costs that are reasonably www.fws.gov/ecological-services/ www.archives.gov/federal-register/ anticipated to equal or exceed $20 habitat-conservation/cbra/Act/ codification/executive-order/ million, or for a project eligible under index.html; 11738.html; paragraphs (2) or (3) of 33 U.S.C. 3905 (ix) Coastal Zone Management Act, 16 (xxiv) The Uniform Relocation serving a community of not more than U.S.C. 1451 et seq., https:// Assistance and Real Property 25,000 individuals, project costs that are coast.noaa.gov/czm/about/; Acquisition Policies Act of 1970, 42

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43455

U.S.C. 4601 et seq., https:// project in light of the scoring criteria. information such as its legal name, www.gpo.gov/fdsys/pkg/FR-2005-01-04/ EPA may contact prospective borrowers address, website, Dun and Bradstreet pdf/05-6.pdf; after the LOI is submitted if clarification Data Universal Number System (DUNS) (xxv) Age Discrimination Act, 42 is needed to answer the budgetary number, and employer/taxpayer U.S.C. 6101 et seq., https:// scoring determination questions. identification number. www.eeoc.gov/laws/statutes/adea.cfm; In the case of a project that is V. Types of Credit Assistance (xxvi) Equal Employment undertaken by an entity that is not a Opportunity, Executive Order 11246, 30 Under WIFIA, EPA is permitted to state or local government or an agency FR 12319, September 28, 1965, https:// provide credit assistance in the form of or instrumentality of a state or local www.dol.gov/ofccp/regs/compliance/ secured (direct) loans or loan government, or a tribal government or _ ca 11246.htm; guarantees. The maximum amount of consortium of tribal governments, the (xxvii) Section 13 of the Clean Water WIFIA credit assistance to a project is project that the entity is undertaking Act, Pub. L. 92–500, codified in 42 49 percent of eligible project costs. Each must be publicly sponsored. Public U.S.C. 1251, https://www.epa.gov/ocr/ prospective borrower should list the sponsorship means that the prospective external-civil-rights-compliance-office- estimated total capital costs of the borrower can demonstrate, to the title-vi; project, broken down by activity type satisfaction of EPA, that it has consulted (xxviii) Section 504 of the and differentiating between eligible with the affected state, local, or tribal Rehabilitation Act, 29 U.S.C. 794, project costs and ineligible project costs government in which the project is supplemented by Executive Orders in the LOI and application. located, or is otherwise affected by the 11914, 41 FR 17871, April 29, 1976 and VI. Letters of Interest and Applications project, and that such government 11250, 30 FR 13003, October 13, 1965, supports the proposed project. A https://www.epa.gov/ocr/external-civil- Each prospective borrower will be prospective borrower can show support rights-compliance-office-title-vi; required to submit a LOI and, if invited, by including a certified letter signed by (xxix) Title VI of the Civil Rights Act an application to EPA in order to be the approving state, tribal, or municipal of 1964, 42 U.S.C. 2000d et seq., https:// considered for approval. This section department or similar agency; governor, www.epa.gov/environmentaljustice/title- describes the LOI submission and mayor or other similar designated vi-and-environmental-justice; and application submission. authority; statute or local ordinance; or (xxx) Participation by Disadvantaged any other means by which government Business Enterprises in Procurement A. Letter of Interest approval can be evidenced. under Environmental Protection Agency Prospective borrowers seeking a Financial Assistance Agreements, 73 FR WIFIA loan must submit a LOI B. Engineering and Credit. In this 15904, March 26, 2008, https:// describing the project fundamentals and section, the prospective borrower www.epa.gov/resources-small- addressing the WIFIA selection criteria. provides any technical reports or businesses. The primary purpose of the LOI is to written information relevant to Detailed information about some of provide adequate information to EPA to: evaluating the project and a high-level these requirements is outlined in the (i) Validate the eligibility of the schedule of dates for the project or WIFIA program handbook. Further prospective borrower and the projects included in the LOI. To information can be found at the links prospective project, (ii) perform a evaluate creditworthiness, the above. preliminary creditworthiness prospective borrower will provide a assessment, (iii) perform a preliminary credit rating letter that is less than a IV. Fiscal Year 2020 Office of engineering feasibility assessment, and year old or is actively maintained. If the Management and Budget Budgetary (iv) evaluate the project against the prospective borrower does not have a Scoring Determination selection criteria. Based on its review of current rating letter, the borrower In order to comply with Public Law the information provided in the LOI, should describe how the senior 116–94, a project selected for WIFIA EPA will invite prospective borrowers obligations of the project will achieve an financing using funding appropriated in to submit applications for their projects. investment-grade rating and provide a FY 2020 will be assessed using two Prospective borrowers are encouraged to pro-forma and three years of audited initial screening questions and sixteen review the WIFIA program handbook to financial statements. scoring factors. These questions will help create the best justification C. Selection Criteria. In this section, help the Office of Management and possible for the project and a cohesive the prospective borrower describes the Budget (OMB) determine compliance and comprehensive LOI submittal. potential policy benefits achieved using with budgetary scoring rules, a process Prospective borrowers are encouraged WIFIA assistance with respect to each of that will be conducted in parallel to to utilize the LOI form on the WIFIA the WIFIA program selection criteria. EPA’s LOI evaluation process outlined website and ensure that sufficient detail These criteria and their weights are in this NOFA. The questions may be about the project is provided for EPA’s enumerated in Section VIII of this found in Federal Register publication: review. EPA will notify a prospective NOFA and further explained in the Water Infrastructure Finance and borrower if its project is deemed WIFIA program handbook. Innovation Act Program (WIFIA) ineligible as described in Section III of D. Contact Information. In this Criteria Pursuant to Public Law 116–94 this NOFA. section, the prospective borrower [85 FR 39189, June 30, 2020]. These Below is guidance on what EPA identifies the point of contact with questions are also published in the recommends be included in the LOI. whom the WIFIA program should WIFIA program handbook and further A. Key Loan Information. In this communicate regarding the LOI. To information about the scoring process section, the prospective borrower complete EPA’s evaluation, the WIFIA may be referenced therein. EPA provides a general description of the program staff may contact a prospective encourages project applicants to review project, purpose, loan amount, total borrower regarding specific information the scoring criteria and provide eligible project costs, application in the LOI. sufficient information in the LOI or as submission date, loan close date, and E. Certifications. In this section, the an attachment to the LOI to facilitate population information. The prospective borrower certifies that it EPA and OMB review of the prospective prospective borrower also includes will abide by all applicable laws and

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43456 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

regulations, if selected to receive and legal costs. In the event a final EPA’s priorities reflect water sector funding. credit agreement is not executed, the challenges that require innovative tools F. SRF Notification. In this section, borrower is still required to reimburse to assist municipalities in managing and the prospective borrower acknowledges EPA for the costs incurred. Borrowers adapting to our most pressing public that EPA will notify the state may finance these fees with WIFIA health and environmental challenges. infrastructure financing authority in the credit assistance. These priorities are reflected in the state in which the project is located that scoring methodology of the selection VIII. Selection Criteria it submitted a LOI and provide the criteria below, described in greater submitted LOI and source documents to This section specifies the criteria and detail in the WIFIA program handbook. that authority. The prospective borrower process that EPA will use to evaluate The WIFIA selection criteria are may opt out of having its LOI and LOIs and award applications for WIFIA divided into three categories that source documents shared. assistance. represent critical considerations for The selection criteria described below selecting projects: Project Impact, B. Application incorporate statutory eligibility Project Readiness, and Borrower After EPA concludes its evaluation of requirements, supplemented by the Creditworthiness. Each criterion within the LOIs, a selection committee will WIFIA regulations at 40 CFR 35.10055. a category can provide a range of points invite prospective borrowers to apply EPA has also identified the following with the maximum number of points based on the scoring of the selection strategic objectives as priorities for this indicated. Each category can provide up criteria, while taking into consideration LOI submittal period: to 100 points out of a total of 300 geographic and project diversity. The (i) Readiness to proceed: In order to available points, and the category- selection committee may choose to ensure the efficient use of limited specific and overall scores will help combine multiple LOIs or separate federal resources for infrastructure inform the selection committee’s projects from a prospective borrower finance, a project’s readiness to proceed deliberations within the overall WIFIA based on the creditworthiness review toward development, including loan framework. For the Project Readiness and may offer an alternative amount of closing and the commencement of and Borrower Creditworthiness WIFIA assistance than requested in the construction, is an Agency priority. categories, criteria scores are LOI. (ii) Provide for clean and safe supplemented by points awarded from An invitation to apply for WIFIA drinking water: EPA is working to the preliminary engineering feasibility credit assistance does not guarantee strengthen its implementation of the analysis and preliminary EPA’s approval, which remains subject Safe Drinking Water Act to ensure we creditworthiness assessment, to a project’s continued eligibility, protect and build upon the enormous respectively, described in the WIFIA including creditworthiness, the public health benefits achieved through program handbook. In order to reflect successful negotiation of terms the provision of safe drinking water EPA’s priorities and give greater acceptable to EPA, and the availability throughout the country. One of the consideration to a class of projects that of funds at the time at which all Agency’s highest priorities include reduce exposure to lead and address necessary recommendations and reducing exposure to lead and emerging contaminants, including evaluations have been completed. addressing emerging contaminants, PFAS, in the nation’s drinking water However, the purpose of EPA’s LOI including per- and polyfluoroalkyl systems, EPA has added a criterion (ix) review is to pre-screen prospective substances (PFAS), in the nation’s to the Project Impact category of criteria borrowers to the extent practicable. It is drinking water systems. in accordance with 40 CFR 35.10055(b). expected that EPA will only invite (iii) Repair, rehabilitate, and replace The criteria are as follows: projects to apply if it anticipates that aging infrastructure and conveyance those projects are able to obtain WIFIA systems: Many communities face Project Impact credit assistance. Detailed information formidable challenges in providing (i) 15 points: The extent to which the needs for the application are listed in adequate and reliable water and project is nationally or regionally the application form and described in wastewater infrastructure services. significant, with respect to the the WIFIA program handbook. Existing water and wastewater generation of economic and public infrastructure in some of these VII. Fees benefits, such as (1) the reduction of communities is aging, and investment is flood risk; (2) the improvement of water There is no fee to submit a LOI. The not always keeping up with the needs. quality and quantity, including aquifer final fee rule, Fees for Water EPA estimates the national funding recharge; (3) the protection of drinking Infrastructure Project Applications need for capital improvements for such water, including source water under WIFIA, 40 CFR 35.10080, was facilities totals approximately $740 protection; and (4) the support of signed by EPA on June 19, 2017, and billion over the next 20 years. In many international commerce. 33 U.S.C. establishes the fees related to the cases, meeting these needs will require 3907(b)(2)(A); 40 CFR 35.10055(a)(1). provision of federal credit assistance significant increases in capital (ii) 5 points: The extent to which the under WIFIA. Each invited applicant investment. project (1) protects against extreme must submit, concurrent with its (iv) Water reuse and recycling: EPA is weather events, such as floods or application, a non-refundable highlighting water reuse and recycling hurricanes; or (2) helps maintain or Application Fee of $25,000 for projects as a new or innovative approach. EPA protect the environment: 33 U.S.C. serving communities of not more than recognizes that reuse and recycling of 3907(b)(2)(F); 40 CFR 35.10055(a)(4); 40 25,000 individuals or $100,000 for all water can play a critical role in helping CFR 35.10055(a)(5). other projects. Applications will not be states, tribes, and communities meet (iii) 5 points: The extent to which the evaluated until the Application Fee is their future drinking water needs with project serves regions with significant paid. For successful applicants, this fee a diversified portfolio of water sources. energy exploration, development, or will be credited toward final payment of The practice can alleviate the effects of production areas: 33 U.S.C. a Credit Processing Fee, assessed drought and assure groundwater 3907(b)(2)(G); 40 CFR 35.10055(a)(6). following financial close, to reimburse resource sustainability and a secure (iv) 10 points: The extent to which a EPA for actual engineering, financial, water supply. project serves regions with significant

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43457

water resource challenges, including the assistance under [WIFIA]. 33 U.S.C. President on December 20, 2019, need to address: (1) Water quality 3907(b)(2)(B); 40 CFR 35.10055(a)(10). Congress provided $5 million in budget concerns in areas of regional, national, (iii) 10 points: The extent to which authority solely for the cost of direct or international significance; (2) water assistance under [WIFIA] reduces the loans or guaranteed loans to State quantity concerns related to contribution of Federal assistance to the infrastructure financing authority groundwater, surface water, or other project. 33 U.S.C. 3907(b)(2)(K); 40 CFR borrowers for projects described in water sources; (3) significant flood risk; 35.10055(a)(11). section 5026(9) of the Water (4) water resource challenges identified (iv) 10 points: The amount of budget Infrastructure Finance and Innovation in existing regional, state, or multistate authority required to fund the Federal Act of 2014 (WIFIA). The State agreements; or (5) water resources with credit instrument made available under infrastructure financing authority exceptional recreational value or [WIFIA]. 33 U.S.C. 3907(b)(2)(E). WIFIA (SWIFIA) program will use this ecological importance. 33 U.S.C. (v) 60 points: Preliminary amount to cover the subsidy required to 3907(b)(2)(H); 40 CFR 35.10055(a)(7). creditworthiness assessment score. 33 provide a much larger amount of credit (v) 10 points: The extent to which the U.S.C. 3907(a)(1); 40 CFR 35.10015(c); assistance. Environmental Protection project addresses identified municipal, 40 CFR 35.10045(a)(1); 40 CFR Agency (EPA or the Agency) estimates state, or regional priorities. 33 U.S.C. 35.10045(a)(4); 40 CFR 35.10045(b). that this budget authority may provide 3907(b)(2)(I); 40 CFR 35.10055(a)(8). In addition to the selection criteria approximately $1 billion in credit (vi) 25 points: The extent to which the score, EPA is required by 33 U.S.C. assistance and may finance project addresses needs for repair, 3902(a) to ‘‘ensure a diversity of project approximately $2 billion in water rehabilitation or replacement of a types and geographical locations.’’ infrastructure investment. The purpose treatment works, community water Following analysis by the WIFIA of this notice of funding availability system, or aging water distribution or program staff, a final score is calculated (NOFA) is to solicit letters of interest wastewater collection system. 40 CFR for each project. Projects will be (LOIs) from prospective State 35.10055(a)(12). selected in order of score, subject to the Infrastructure Financing Authority (vii) 10 points: The extent to which requirement to ensure a diversity of borrowers seeking credit assistance from the project serves economically stressed project types and geographical EPA under the SWIFIA program. communities, or pockets of locations. To ensure diversity, EPA will EPA will evaluate and select proposed economically stressed rate payers establish a ceiling for each project type projects described in the LOIs using the within otherwise non-economically and geographical location. EPA will selection criteria established in the stressed communities. 40 CFR select projects in rank order up until the statute, and further described in this 35.10055(a)(13). point that the ceiling is reached. NOFA as well as the WIFIA program (viii) 20 points: The extent to which Thereafter, the next highest project that handbook. This NOFA introduces new the project reduces exposure to lead in adds diversity will be selected. budgetary scoring factors to determine the nation’s drinking water systems or The scoring scales and guidance used budgetary scoring compliance and addresses emergent contaminants. 40 to evaluate each project against the outlines the process that prospective CFR 35.10055(b). selection criteria are available in the borrowers should follow to be WIFIA program handbook. Prospective considered for SWIFIA credit assistance. Project Readiness borrowers considering WIFIA should In addition, EPA reserves the right to (i) 50 points: The readiness of the review the WIFIA program handbook make additional awards under this project to proceed toward development, and discuss how the project addresses announcement, consistent with Agency including a demonstration by the each of the selection criteria in the LOI policy and guidance, if additional obligor that there is a reasonable submission. funding is available after the original expectation that the contracting process Authority: 33 U.S.C. 3901–3914; 40 CFR selections are made. for construction of the project can part 35. DATES: The LOI submittal period will begin on July 17, 2020 and end at 11:59 commence by not later than 90 days Andrew Wheeler, after the date on which a federal credit p.m. EDT on September 15, 2020. Administrator. instrument is obligated for the project ADDRESSES: Prospective borrowers under [WIFIA]. 33 U.S.C. 3907(b)(2)(J); [FR Doc. 2020–15470 Filed 7–16–20; 8:45 am] should submit all LOIs electronically 40 CFR 35.10055(a)(9). BILLING CODE 6560–50–P via email at: [email protected] or via EPA’s (ii) 30 points: Preliminary engineering SharePoint site. To be granted access to feasibility analysis score. 33 U.S.C. ENVIRONMENTAL PROTECTION the SharePoint site, prospective 3907(a)(2); 33 U.S.C. 3907(a)(6); 40 CFR AGENCY borrowers should contact [email protected] 35.10015(c); 40 CFR 35.10045(a). and request a link to the SharePoint site, (iii) 20 points: The extent to which the [FRL 10012–15–OW] where they can securely upload their project uses new or innovative LOIs. Requests to upload documents approaches. 33 U.S.C. 3907(b)(2)(D); 40 40 CFR Part 35 should be made no later than 5:00 p.m. CFR 35.10055(a)(3). EDT on September 11, 2020. Notice of Funding Availability for EPA will notify prospective borrowers Applications for Credit Assistance Borrower Creditworthiness that their LOI has been received via a Under the State Infrastructure Finance (i) 10 points: The likelihood that confirmation email. Authority Water Infrastructure Finance assistance under [WIFIA] would enable Prospective borrowers can access and Innovation Act (SWIFIA) Program the project to proceed at an earlier date additional information, including the than the project would otherwise be AGENCY: Environmental Protection WIFIA program handbook and able to proceed. 33 U.S.C. 3907(b)(2)(C); Agency (EPA). application materials, on the WIFIA 40 CFR 35.10055(a)(2). ACTION: Notice of funding availability. website: https://www.epa.gov/wifia/. (ii) 10 points: The extent to which the SUPPLEMENTARY INFORMATION: project financing plan includes public SUMMARY: In the Further Consolidated For a project to be considered during or private financing in addition to Appropriations Act, 2020, signed by the a selection round, EPA must receive a

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43458 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

LOI, via email or SharePoint, before the Congress amended WIFIA in a combination of projects, each of which corresponding deadline listed above. America’s Water Infrastructure Act of is eligible for assistance under section EPA is only able to accept emails of 25 2018 (AWIA) to authorize federal credit 603(c) of the Federal Water Pollution MB or smaller with unzipped assistance exclusively for State Control Act (33 U.S.C. 1383(c)) or attachments (EPA cannot accept zipped infrastructure financing authority section 1452(a)(2) of the Safe Drinking files). If necessary due to size borrowers. Water Act (42 U.S.C. 300j–12(a)(2)), for restrictions, prospective borrowers may The WIFIA program’s mission is to which a State infrastructure financing submit attachments separately, as long accelerate investment in our nation’s authority submits to the Administrator a as they are received by the deadline. water and wastewater infrastructure by single application. providing long-term, low-cost, When writing a LOI, prospective C. Eligible Costs borrowers are encouraged to fill out the supplemental credit assistance under SWIFIA LOI form and follow the customized terms to creditworthy As defined under 33 U.S.C. 3906 and guidelines contained on the WIFIA drinking water and wastewater described in the WIFIA program program website: https://www.epa.gov/ infrastructure projects of national and handbook, eligible project costs are wifia/wifia-application-materials. regional significance. costs associated with the following Prospective borrowers should provide II. Program Funding activities: the LOI and any attachments as (i) Development-phase activities, Congress appropriated $5 million in Microsoft Word documents or including planning, feasibility analysis funding to cover the subsidy cost of searchable PDF files, whenever possible, (including any related analysis providing SWIFIA credit assistance. The to facilitate EPA’s review. Section VI of necessary to carry out an eligible subsidy cost covers the Federal this NOFA provides additional details project), revenue forecasting, government’s risk that the loan may not on the LOI’s content. environmental review, permitting, be paid back. EPA anticipates that the preliminary engineering and design EPA will invite each prospective average subsidy cost for SWIFIA-funded work, and other preconstruction borrower whose project proposal is projects will be relatively low; therefore, activities; selected for continuation in the process this funding can be leveraged into a to submit a final application. Final much larger amount of credit assistance. (ii) Construction, reconstruction, applications should be received by EPA EPA estimates that this appropriation rehabilitation, and replacement within 365 days of the invitation to will allow the Agency to provide activities; apply. approximately $1 billion 1 in long-term, (iii) The acquisition of real property EPA will host a webinar to provide low-cost financing to water and or an interest in real property (including State infrastructure finance authority wastewater infrastructure projects and water rights, land relating to the project, prospective borrowers further accelerate approximately $2 billion in and improvements to land), information about the SWIFIA loans and infrastructure investment around the environmental mitigation (including how to submit a LOI. The webinar date country. acquisitions pursuant to 33 U.S.C. and registration directions can be found 3905(8)), construction contingencies, on the WIFIA program website: https:// III. Eligibility Requirements and acquisition of equipment; and www.epa.gov/wifia/wifia-webinars. The WIFIA statute and implementing (iv) Capitalized interest necessary to Prospective borrowers with questions rules set forth eligibility requirements meet market requirements, reasonably about the program or interest in meeting for prospective borrowers, projects, and required reserve funds, capital issuance with the WIFIA program staff may send project costs. The requirements outlined expenses, and other carrying costs a request to [email protected]. EPA will below are described in greater detail in during construction. Capitalized interest meet with all prospective borrowers the WIFIA program handbook. on WIFIA credit assistance may not be included as an eligible project cost. interested in discussing the program A. Eligible Applicants prior to submission of a LOI. Prospective borrowers must be a State D. Threshold Requirements Table of Contents infrastructure financing authority to be For a project to be considered for I. Background eligible for SWIFIA credit assistance. SWIFIA credit assistance, a SWIFIA II. Program Funding EPA defines State infrastructure project or a group of projects III. Eligibility Requirements financing authority as the State entity consolidated by the State Infrastructure IV. Fiscal Year 2020 Office of Management established or designated by the Financing Authority must meet the and Budget Budgetary Scoring Governor of a State to receive a following four criteria: Determination capitalization grant provided by, or V. Types of Credit Assistance (i) The project and obligor shall be otherwise carry out the requirements of, creditworthy; VI. Letters of Interest and Applications title VI of the Federal Water Pollution VII. Fees (ii) A project shall have eligible VIII. Selection Criteria Control Act (33 U.S.C. 1381 et seq.) or project costs that are reasonably section 1452 of the Safe Drinking Water anticipated to equal or exceed $20 I. Background Act (42 U.S.C. 300j–12). million; Congress enacted WIFIA as part of the B. Eligible Projects (iii) Project financing shall be Water Resources Reform and repayable, in whole or in part, from To be eligible for SWIFIA credit Development Act of 2014 (WRRDA). state or local taxes, user fees, or other assistance, the SWIFIA project must be Codified at 33 U.S.C. 3901–3914, WIFIA dedicated revenue sources that also authorizes a federal credit program for 1 This estimated loan volume is provided for secure the senior project obligations of water infrastructure projects to be reference only. Consistent with the Federal Credit the project; shall include a rate administered by EPA. WIFIA authorizes Reform Act of 1990 and the requirements of the covenant, coverage requirement, or EPA to provide federal credit assistance Office of Management and Budget, the actual similar security feature supporting the subsidy cost of providing credit assistance is based in the form of secured (direct) loans or on individual project characteristics and calculated project obligations; and may have a lien loan guarantees for eligible water on a project-by-project basis. Thus, actual lending on revenues subject to any lien securing infrastructure projects. capacity may vary. project obligations;

VerDate Sep<11>2014 18:22 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43459

(iv) The project shall have an (xv) Magnuson-Stevens Fishery https://www.epa.gov/ocr/external-civil- operations and maintenance plan that Conservation and Management Act, 16 rights-compliance-office-title-vi; identifies adequate revenues to operate, U.S.C. 1801 et seq., https:// (xxix) Title VI of the Civil Rights Act maintain, and repair the project during www.fisheries.noaa.gov/resource/ of 1964, 42 U.S.C. 2000d et seq., https:// its useful life. document/magnuson-stevens-fishery- www.epa.gov/environmentaljustice/title- conservation-and-management-act; vi-and-environmental-justice; and E. Federal Requirements (xvi) National Historic Preservation (xxx) Participation by Disadvantaged All projects receiving SWIFIA Act, 16 U.S.C. 470 et seq., https:// Business Enterprises in Procurement assistance must comply, if applicable, www.nps.gov/archeology/tools/laws/ under the Environmental Protection with federal requirements and NHPA.htm; Agency Financial Assistance regulations, including (but not limited (xvii) Safe Drinking Water Act, 42 Agreements, 73 FR 15904, March 26, to): U.S.C. 300f et seq., https:// 2008, https://www.epa.gov/resources- (i) American Iron and Steel www.epa.gov/ground-water-and- small-businesses. Requirement, 33 U.S.C. 3914, https:// drinking-water; Detailed information about some of www.epa.gov/cwsrf/state-revolving- (xviii) Wild and Scenic Rivers Act, 16 these requirements is outlined in the fund-american-iron-and-steel-ais- U.S.C. 1271 et seq., https://rivers.gov/; WIFIA program handbook. Further requirement; (xix) Debarment and Suspension, information can be found at the links (ii) Labor Standards, 33 U.S.C. 1372, Executive Order 12549, 51 FR 6370, above. https://www.dol.gov/whd/govcontracts/ February 18, 1986, https:// IV. Fiscal Year 2020 Office of dbra.htm; www.archives.gov/federal-register/ Management and Budget Budgetary (iii) National Environmental Policy codification/executive-order/ Scoring Determination Act of 1969, 42 U.S.C. 4321 et seq., 12549.html; In order to comply with Public Law https://www.epa.gov/nepa; (xx) Demonstration Cities and 116–94, a project selected for WIFIA (iv) Floodplain Management, Metropolitan Development Act, 42 financing using funding appropriated in Executive Order 11988, 42 FR 26951, U.S.C. 3301 et seq., as amended, and FY 2020 will be assessed using two May 24, 1977, https:// Executive Order 12372, 47 FR 30959, initial screening questions and sixteen www.archives.gov/federal-register/ July 14, 1982, http://portal.hud.gov/ scoring factors. These questions will codification/executive-order/ hudportal/HUD?src=/program_offices/ help the Office of Management and 11988.html; comm_planning; (v) Archeological and Historic Budget (OMB) determine compliance (xxii) New Restrictions on Lobbying, Preservation Act, 16 U.S.C. 469–469c, with budgetary scoring rules, a process 31 U.S.C. 1352, https://www.epa.gov/ https://www.nps.gov/archeology/tools/ that will be conducted in parallel to grants/lobbying-and-litigation- laws/ahpa.htm; EPA’s LOI evaluation process outlined (vi) Clean Air Act, 42 U.S.C. 7401 et information-federal-grants-cooperative- in this NOFA. The questions may be seq., https://www.epa.gov/clean-air-act- agreements-contracts-and-loans; found in Federal Register publication: overview; (xxiii) Prohibitions relating to Water Infrastructure Finance and (vii) Clean Water Act, 33 U.S.C. 1251 violations of the Clean Water Act or Innovation Act Program (WIFIA) et seq., https://www.epa.gov/aboutepa/ Clean Air Act with respect to Federal Criteria Pursuant to Public Law 116–94 about-office-water; contracts, grants, or loans under 42 [85 FR 39189, June 30, 2020]. These (viii) Coastal Barrier Resources Act, U.S.C. 7606 and 33 U.S.C. 1368, and questions are also published in the 16 U.S.C. 3501 et seq., https:// Executive Order 11738, 38 FR 25161, WIFIA program handbook and further www.fws.gov/ecological-services/ September 12, 1973, https:// information about the scoring process habitat-conservation/cbra/Act/ www.archives.gov/federal-register/ may be referenced therein. EPA index.html; codification/executive-order/ encourages project applicants to review (ix) Coastal Zone Management Act, 16 11738.html; the scoring criteria and provide U.S.C. 1451 et seq., https:// (xxiv) The Uniform Relocation sufficient information in the LOI or as coast.noaa.gov/czm/about/; Assistance and Real Property an attachment to the LOI to facilitate (x) Endangered Species Act, 16 U.S.C. Acquisition Policies Act of 1970, 42 EPA and OMB review of the prospective 1531 et seq., https://www.fws.gov/ U.S.C. 4601 et seq., https:// project in light of the scoring criteria. endangered/; www.gpo.gov/fdsys/pkg/FR-2005-01-04/ EPA may contact prospective borrowers (xi) Federal Actions to Address pdf/05-6.pdf; after the LOI is submitted if clarification Environmental Justice in Minority (xxv) Age Discrimination Act, 42 is needed to answer the budgetary Populations and Low-Income U.S.C. 6101 et seq., https:// scoring determination questions. Populations, Executive Order 12898, 59 www.eeoc.gov/laws/statutes/adea.cfm; FR 7629, February 16, 1994, https:// (xxvi) Equal Employment V. Types of Credit Assistance www.archives.gov/files/federal-register/ Opportunity, Executive Order 11246, 30 Under SWIFIA, EPA is offering senior, executive-orders/pdf/12898.pdf; FR 12319, September 28, 1965, https:// parity loans. The maximum amount of (xii) Protection of Wetlands, www.dol.gov/ofccp/regs/compliance/ SWIFIA credit assistance to a State Executive Order 11990, 42 FR 26961, ca_11246.htm; infrastructure financing authority is 49 May 25, 1977, as amended by Executive (xxvii) Section 13 of the Clean Water percent of estimated eligible total costs Order 12608, 52 FR 34617, September Act, Public Law 92–500, codified in 42 of the SRF loans that are included in the 14, 1987, https://www.epa.gov/cwa-404; U.S.C. 1251, https://www.epa.gov/ocr/ SWIFIA project. Prospective SWIFIA (xiii) Farmland Protection Policy Act, external-civil-rights-compliance-office- borrowers may request one the 7 U.S.C. 4201 et seq., https:// title-vi; following loan structures: www.nrcs.usda.gov/wps/portal/nrcs/ (xxviii) Section 504 of the (i) EPA accepts the State detail/?cid=nrcs143_008275; Rehabilitation Act, 29 U.S.C. 794, infrastructure financing authority’s (xiv) Fish and Wildlife Coordination supplemented by Executive Orders existing indenture; or Act, 16 U.S.C. 661–666c, as amended, 11914, 41 FR 17871, April 29, 1976 and (ii) The State infrastructure financing https://www.fws.gov/; 11250, 30 FR 13003, October 13, 1965, authority accepts EPA’s standard terms.

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43460 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

More information on EPA’s standard prospective borrower regarding specific credit agreement is not executed, the terms is available at www.epa.gov/wifia. information in the LOI. borrower is still required to reimburse SWIFIA credit assistance is available D. Certifications. The prospective EPA for the costs incurred. Borrowers for SRF projects which are ready to borrower certifies that it will abide by may finance these fees with WIFIA proceed. EPA considers an SRF project all applicable laws and regulations, if credit assistance. ready to proceed if its construction will selected to receive funding. VIII. Selection Criteria commence no later than 18 months after B. Application the LOI deadline. This section specifies the criteria and After EPA concludes its evaluation of process that EPA will use to evaluate VI. Letters of Interest and Applications the LOIs, a selection committee will LOIs and award applications for Each prospective borrower will be invite prospective borrowers to apply. SWIFIA assistance. required to submit a LOI and, if invited, EPA expects that all eligible State The selection criteria described are an application to EPA in order to be infrastructure financing authority the statutory selection criteria for State considered for approval. This section prospective borrowers will be invited to infrastructure finance authority describes the LOI submission and apply for a SWIFIA loan. If the amount borrowers. EPA has also identified application submission. requested by prospective borrowers readiness to proceed as a priority for exceeds the amount available from EPA, this LOI submittal period. In order to A. Letter of Interest (LOI) each eligible State infrastructure ensure the efficient use of limited Prospective borrowers seeking a financing authority prospective federal resources for infrastructure SWIFIA loan must submit a LOI borrowers will be invited for a pro rata finance, the readiness of the SRF loans describing the project fundamentals and share, based on the financing request included in the SWIFIA project to addressing the SWIFIA selection outlined in their LOIs. If a prospective proceed toward development, including criteria. borrower declines EPA’s invitation, EPA loan closing and the commencement of The primary purpose of the LOI is to would re-allocate to other eligible construction, is an Agency priority. provide adequate information to EPA to prospective borrowers to the extent Following its eligibility validate the eligibility and practicable or carry the funding forward determination, EPA will determine the creditworthiness of the prospective to a future round. extent to which the SWIFIA project borrower and the prospective project An invitation to apply for WIFIA meets the statutory selection criteria. and determine the extent to which the credit assistance does not guarantee They are as follows: SWIFIA project meets the statutory EPA’s approval, which remains subject (i) The extent to which the project selection criteria. Based on its review of to a project’s continued eligibility, financing plan includes public or the information provided in the LOI, including creditworthiness, the private financing in addition to EPA will invite prospective borrowers successful negotiation of terms assistance under [WIFIA]. 33 U.S.C. to submit applications for their projects. acceptable to the Agency, and the 3907(b)(2)(B); 40 CFR 35.10055(a)(10). Prospective borrowers are encouraged availability of funds at the time at which (ii) The likelihood that assistance to utilize the LOI form on the WIFIA all necessary recommendations and under [WIFIA] would enable the project website and ensure that sufficient detail evaluations have been completed. to proceed at an earlier date than the about the project is provided for EPA’s However, the purpose of EPA’s LOI project would otherwise be able to review. EPA will notify a prospective review is to pre-screen prospective proceed. 33 U.S.C. 3907(b)(2)(C); 40 CFR borrower if its project is deemed borrowers to the extent practicable. It is 35.10055(a)(2). ineligible as described in Section III of expected that EPA will only invite (iii) The extent to which the project this NOFA. prospective borrowers to apply if it uses new or innovative approaches. 33 Below is guidance on what EPA anticipates that those prospective U.S.C. 3907(b)(2)(D); 40 CFR recommends be included in the LOI. borrowers are able to obtain WIFIA 35.10055(a)(3). A. Loan Information: The prospective credit assistance. Detailed information (iv) The amount of budget authority borrower provides information about its needs for the application are listed in required to fund the Federal credit legal name, business address, program the application form and described in instrument made available under website, employer/taxpayer the WIFIA program handbook. [WIFIA]. 33 U.S.C. 3907(b)(2)(E). identification number, Dun and (v) The extent to which the project (1) VII. Fees Bradstreet Data Universal Number protects against extreme weather events, System number, requested SWIFIA loan There is no fee to submit a LOI. The such as floods or hurricanes; or (2) helps amount and SWIFIA project amount, final fee rule, Fees for Water maintain or protect the environment. 33 type of SRF loans (clean water, drinking Infrastructure Project Applications U.S.C. 3907(b)(2)(F); 40 CFR water, or both), and requested loan under WIFIA, 40 CFR 35.10080, was 35.10055(a)(4); 40 CFR 35.10055(a)(5). structure. signed by EPA on June 19, 2017, and (vi) The extent to which the project B. Supporting Documents: The establishes the fees related to the serves regions with significant energy prospective borrower provides the most provision of federal credit assistance exploration, development, or recent version of the following under WIFIA. Each invited applicant production areas. 33 U.S.C. documents: Intended Use Plan (IUP), must submit, concurrent with its 3907(b)(2)(G); 40 CFR 35.10055(a)(6). SRF Operating Agreements with EPA application, a non-refundable (vii) The extent to which a project Regional Office, documentation of the Application Fee of $100,000. serves regions with significant water priority setting system, and bond Applications will not be evaluated until resource challenges, including the need indenture (if applicable). the Application Fee is paid. For to address: (1) Water quality concerns in C. Contact Information: The successful applicants, this fee will be areas of regional, national, or prospective borrower identifies the credited toward final payment of a international significance; (2) water points of contact with whom the WIFIA Credit Processing Fee, assessed quantity concerns related to program should communicate regarding following financial close, to reimburse groundwater, surface water, or other the LOI. To complete EPA’s evaluation, EPA for actual engineering, financial, water sources; (3) significant flood risk; the WIFIA program staff may contact a and legal costs. In the event a final (4) water resource challenges identified

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43461

in existing regional, state, or multistate website. Although listed in the index, following: 15A NCAC 02Q .0101, agreements; or (5) water resources with some information may not be publicly Required Air Quality Permits; .0103, exceptional recreational value or available, i.e., Confidential Business Definitions; .0104, Where to Obtain and ecological importance. 33 U.S.C. Information or other information whose File Permit Applications; .0105, Copies 3907(b)(2)(H); 40 CFR 35.10055(a)(7). disclosure is restricted by statute. of Referenced Documents; .0106, (viii) The extent to which the project Certain other material, such as Incorporation by Reference; .0107, addresses identified municipal, state, or copyrighted material, is not placed on Confidential Information; .0108, regional priorities. 33 U.S.C. the internet and will be publicly Delegation of Authority; .0109, 3907(b)(2)(I); 40 CFR 35.10055(a)(8). available only in hard copy form. Compliance Schedule for Previously (ix) The readiness of the project to Publicly available docket materials are Exempted Activities; .0110, Retention of proceed toward development, including available either electronically through Permit at Permitted Facility; and .0111, a demonstration by the obligor that www.regulations.gov or in hard copy at Applicability Determinations.5 there is a reasonable expectation that the Air Regulatory Management Section, EPA published a notice of proposed the contracting process for construction Air Planning and Implementation rulemaking (NPRM) proposing approval of the project can commence by not later Branch, Air and Radiation Division, of the aforementioned North Carolina than 90 days after the date on which a U.S. Environmental Protection Agency, SIP revisions on April 27, 2020. See 85 federal credit instrument is obligated for Region 4, 61 Forsyth Street SW, Atlanta, FR 23272. The details of North the project under [WIFIA]. 33 U.S.C. Georgia 30303–8960. EPA requests that Carolina’s submissions and the rationale 3907(b)(2)(J); 40 CFR 35.10055(a)(9). if at all possible, you contact the person for EPA’s actions are explained in the (x) The extent to which assistance listed in the FOR FURTHER INFORMATION April 27, 2020, NPRM. Comments were under [WIFIA] reduces the contribution CONTACT section to schedule your due on May 27, 2020. of Federal assistance to the project. 33 inspection. The Regional Office’s II. Response to Comments U.S.C. 3907(b)(2)(K); 40 CFR official hours of business are Monday 35.10055(a)(11). through Friday 8:30 a.m. to 4:30 p.m., EPA received two comments on the excluding Federal holidays. April 27, 2020, NPRM. One comment Authority: 33 U.S.C. 3901–3914; 40 CFR was in support of EPA’s proposed part 35. FOR FURTHER INFORMATION CONTACT: action, and the other comment was Evan Adams, Air Regulatory Andrew Wheeler, adverse. A summary of the adverse Management Section, Air Planning and comment and EPA’s response is Administrator. Implementation Branch, Air and [FR Doc. 2020–15469 Filed 7–16–20; 8:45 am] provided below. Radiation Division, U.S. Environmental Comment: The Commenter asks why BILLING CODE 6560–50–P Protection Agency, Region 4, 61 Forsyth EPA needs to approve this SIP revision Street SW, Atlanta, Georgia 30303–8960. and suggests that states should ‘‘take The telephone number is (404) 562– primacy over their SIPs’’ once EPA has ENVIRONMENTAL PROTECTION 9009. Mr. Adams can also be reached AGENCY initially approved them. The via electronic mail at adams.evan@ Commenter also states that EPA should 40 CFR Part 52 epa.gov. not approve this SIP revision and SUPPLEMENTARY INFORMATION: should allow states to take control over [EPA–R04–OAR–2019–0638; FRL–10011– 31–Region 4] their programs. I. Background Response: As explained herein and in Air Plan Approval; North Carolina; EPA is approving SIP revisions the April 27, 2020, NPRM, DAQ Miscellaneous Permit Provisions submitted by DAQ, through letters dated requested this SIP revision, which Revisions September 18, 2009, September 16, amends several SIP-approved rules 2016, and July 10, 2019. North pertaining to construction and operating AGENCY: Environmental Protection Carolina’s September 18, 2009,12 permits. Pursuant to CAA section Agency (EPA). submittal revises rule 15A North 110(k)(3), 42 U.S.C. 7410(k)(3), ‘‘EPA ACTION: Final rule. Carolina Administrative Code (NCAC) shall approve’’ a SIP revision ‘‘if it 02Q .0304, Applications, to make meets all of the applicable SUMMARY: The Environmental Protection clarifying and ministerial edits. The requirements’’ of the Act. Thus, as a Agency (EPA) is approving State September 16, 2016,34 submittal revises matter of law, EPA is required to Implementation Plan (SIP) revisions 15A NCAC 02D .0101, Definitions, and approve a SIP revision if it meets the submitted by the State of North 15A NCAC 02Q .0101, Required Air Act’s requirements, as these North Carolina, through the North Carolina Quality Permits; .0103, Definitions; and Carolina SIP revisions do. To the extent Department of Environmental Quality, .0104, Where to Obtain and File Permit the Commenter is suggesting that EPA Division of Air Quality (DAQ), with Applications, to make clarifying and take action beyond this particular SIP letters dated September 18, 2009, administrative updates. Finally, the July revision, such a comment is outside the September 16, 2016, and July 10, 2019. 10, 2019, submittal readopts, and makes scope of this rulemaking. These SIP revisions amend several of clarifying and ministerial edits to the North Carolina’s rules regarding III. Incorporation by Reference construction and operating permits. 1 EPA received the submittal on September 22, In this document, EPA is finalizing This action is being finalized pursuant 2009. regulatory text that includes to the Clean Air Act (CAA or Act). 2 EPA received a supplemental submittal of incorporation by reference. In corrected redline/strikeout changes for 02Q Section DATES : This rule is effective August 17, .0304 on June 7, 2019. See the docket for this accordance with requirements of 1 CFR 2020. action. 51.5, EPA is finalizing the incorporation ADDRESSES: EPA has established a 3 EPA received the submittal on October 4, 2016. docket for this action under Docket 4 EPA notes that Section 02Q .0203, Permit and 5 On July 10, 2019, EPA received several SIP Application Fees was submitted as well. However, revisions. EPA is only acting on the changes to Identification No. EPA–R04–OAR– this Section is not approved into the SIP, and is not North Carolina’s SIP as described in this notice. 2019–0638. All documents in the docket appropriate for the SIP. EPA will therefore not take EPA will act on the other SIP revisions in separate are listed on the www.regulations.gov action on this Section. rulemakings.

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43462 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

by reference of 15A NCAC 02D .0101, V. Statutory and Executive Order country, the rule does not have tribal Definitions, state effective January 1, Reviews implications as specified by Executive 6 2015; 15A NCAC 02Q .0101, Required Under the CAA, the Administrator is Order 13175 (65 FR 67249, November 9, Air Quality Permits; .0103, Definitions; required to approve a SIP submission 2000), nor will it impose substantial .0104, Where to Obtain and File Permit that complies with the provisions of the direct costs on tribal governments or Applications; .0105, Copies of Act and applicable Federal regulations. preempt tribal law. Referenced Documents; .0106, See 42 U.S.C. 7410(k); 40 CFR 52.02(a). The Congressional Review Act, 5 Incorporation by Reference; .0107, Thus, in reviewing SIP submissions, U.S.C. 801 et seq., as added by the Small Confidential Information; .0108, EPA’s role is to approve state choices, Business Regulatory Enforcement Delegation of Authority; .0109, if they meet the criteria of the CAA. Fairness Act of 1996, generally provides Compliance Schedule for Previously This action merely approves state law as that before a rule may take effect, the Exempted Activities; .0110, Retention of meeting Federal requirements and does agency promulgating the rule must Permit at Permitted Facility; and .0111, not impose additional requirements submit a rule report, which includes a Applicability Determinations, state beyond those imposed by state law. For copy of the rule, to each House of the effective April 1, 2018; and 15A NCAC that reason, this action: Congress and to the Comptroller General 02Q .0304, Applications, state effective • Is not a significant regulatory action of the United States. EPA will submit a January 1, 2009. These changes are subject to review by the Office of report containing this action and other either non-substantive or otherwise Management and Budget under required information to the U.S. Senate, necessary to clarify applicability. EPA Executive Orders 12866 (58 FR 51735, the U.S. House of Representatives, and has made, and will continue to make, October 4, 1993) and 13563 (76 FR 3821, the Comptroller General of the United these materials generally available January 21, 2011); States prior to publication of the rule in through www.regulations.gov and at the • Is not an Executive Order 13771 (82 the Federal Register. A major rule EPA Region 4 Office (please contact the FR 9339, February 2, 2017) regulatory cannot take effect until 60 days after it person identified in the FOR FURTHER action because SIP approvals are is published in the Federal Register. INFORMATION CONTACT section of this exempted under Executive Order 12866; These actions are not a ‘‘major rule’’ as preamble for more information). • Does not impose an information defined by 5 U.S.C. 804(2). Therefore, these materials have been collection burden under the provisions Under section 307(b)(1) of the CAA, approved by EPA for inclusion in the of the Paperwork Reduction Act (44 petitions for judicial review of this SIP, have been incorporated by U.S.C. 3501 et seq.); action must be filed in the United States reference by EPA into that plan, are • Is certified as not having a Court of Appeals for the appropriate fully federally enforceable under significant economic impact on a circuit by September 15, 2020. Filing a sections 110 and 113 of the CAA as of substantial number of small entities petition for reconsideration by the the effective date of the final rulemaking under the Regulatory Flexibility Act (5 Administrator of this final rule does not of EPA’s approval, and will be U.S.C. 601 et seq.); affect the finality of this action for the incorporated by reference in the next • Does not contain any unfunded purposes of judicial review nor does it update to the SIP compilation.7 mandate or significantly or uniquely extend the time within which a petition affect small governments, as described for judicial review may be filed, and IV. Final Action in the Unfunded Mandates Reform Act shall not postpone the effectiveness of of 1995 (Pub. L. 104–4); such rule or action. These actions may EPA is approving 15A NCAC 02D • not be challenged later in proceedings to .0101, Definitions, submitted September Does not have Federalism implications as specified in Executive enforce its requirements. See section 16, 2016; 15A NCAC 02Q .0101, 307(b)(2). Required Air Quality Permits; .0103, Order 13132 (64 FR 43255, August 10, Definitions; .0104, Where to Obtain and 1999); List of Subjects in 40 CFR Part 52 • Is not an economically significant File Permit Applications; .0105, Copies regulatory action based on health or Environmental protection, Air of Referenced Documents; .0106, safety risks subject to Executive Order pollution control, Incorporation by Incorporation by Reference; .0107, 13045 (62 FR 19885, April 23, 1997); reference, Intergovernmental relations, Confidential Information; .0108, • Is not a significant regulatory action Reporting and recordkeeping Delegation of Authority; .0109, subject to Executive Order 13211 (66 FR requirements. Compliance Schedule for Previously 28355, May 22, 2001); Dated: June 24, 2020. Exempted Activities; .0110, Retention of • Is not subject to requirements of Mary Walker, Permit at Permitted Facility; and .0111, Section 12(d) of the National Regional Administrator, Region 4. Applicability Determinations, submitted Technology Transfer and Advancement For the reasons stated in the July 10, 2019; and 15A NCAC 02Q Act of 1995 (15 U.S.C. 272 note) because preamble, EPA amends 40 CFR part 52 .0304, Applications, submitted application of those requirements would as follows: September 18, 2009. EPA is finalizing be inconsistent with the CAA; and the changes above to North Carolina’s • Does not provide EPA with the PART 52—APPROVAL AND SIP submitted on September 18, 2009, discretionary authority to address, as September 16, 2016, and July 10, 2019. PROMULGATION OF appropriate, disproportionate human IMPLEMENTATION PLANS health or environmental effects, using 6 The effective date of the change to 15A NCAC practicable and legally permissible ■ 02D .0101 made in North Carolina’s September 16, 1. The authority citation for part 52 2016 SIP revision is January 1, 2016. However, for methods, under Executive Order 12898 continues to read as follows: purposes of the state-effective date at 40 CFR (59 FR 7629, February 16, 1994). Authority: 42 U.S.C. 7401 et seq. 52.1770(c), that change to North Carolina’s rule is The SIP is not approved to apply on captured and superseded by North Carolina’s any Indian reservation land or in any update in a March 21, 2018 (state effective January Subpart II—North Carolina 1, 2018) SIP revision, which EPA previously other area where EPA or an Indian tribe approved on April 10, 2019 (84 FR 14308). has demonstrated that a tribe has ■ 2. In § 52.1770 amend Table 1 to 7 See 62 FR 27968 (May 22, 1997). jurisdiction. In those areas of Indian paragraph (c) by:

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43463

■ a. Under ‘‘Subchapter 2D Air entries for ‘‘Section .0101’’, ‘‘Section The revisions read as follows. Pollution Control Requirements’’ .0103’’, ‘‘Section .0104’’, ‘‘Section § 52.1770 Identification of plan. revising the entry for ‘‘Section .0101’’; .0105’’, ‘‘Section .0106’’, ‘‘Section and .0107’’, ‘‘Section .0108’’, ‘‘Section * * * * * (c) * * * ■ b. Under Subchapter 2Q Air Quality .0109’’, ‘‘Section .0110’’, ‘‘Section Permit Procedures by revising the .0111’’, and ‘‘Section .0304’’.

(1) EPA APPROVED NORTH CAROLINA REGULATIONS

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

Subchapter 2D Air Pollution Control Requirements Section .0100 Definitions and References

Section .0101 ...... Definitions ...... 1/1/2018 7/17/2020, [Insert citation of publication].

*******

Subchapter 2Q Air Quality Permits Section .0100 General Provisions

Section .0101 ...... Required Air Quality Permits ...... 4/1/2018 7/17/2020, [Insert citation of publication].

******* Section .0103 ...... Definitions ...... 4/1/2018 7/17/2020, [Insert citation of publication]. Section .0104 ...... Where to Obtain and File Permit Applica- 4/1/2018 7/17/2020, [Insert citation of publication]. tions. Section .0105 ...... Copies of Referenced Documents ...... 4/1/2018 7/17/2020, [Insert citation of publication]. Section .0106 ...... Incorporation by Reference ...... 4/1/2018 7/17/2020, [Insert citation of publication]. Section .0107 ...... Confidential Information ...... 4/1/2018 7/17/2020, [Insert citation of publication]. Section .0108 ...... Delegation of Authority ...... 4/1/2018 7/17/2020, [Insert citation of publication]. Section .0109...... Compliance Schedule for Previously Ex- 4/1/2018 7/17/2020, [Insert citation of publication]. empted Activities. Section .0110 ...... Retention of Permit at Permitted Facility .... 4/1/2018 7/17/2020, [Insert citation of publication]. Section .0111 ...... Applicability Determinations ...... 4/1/2018 7/17/2020, [Insert citation of publication].

******* Section .0304 ...... Applications ...... 1/1/2009 7/17/2020, [Insert citation of publication].

*******

* * * * * determined that emissions from Oregon FOR FURTHER INFORMATION CONTACT: [FR Doc. 2020–14092 Filed 7–16–20; 8:45 am] sources will not contribute significantly Kristin Hall, EPA Region 10, 1200 Sixth BILLING CODE 6560–50–P to nonattainment or interfere with the Avenue—Suite 155, Seattle, WA 98101, maintenance of the 2010 1-hour SO2 at (206) 553–6357, or hall.kristin@ NAAQS in any other state. epa.gov. ENVIRONMENTAL PROTECTION DATES: This final rule is effective August AGENCY 17, 2020. SUPPLEMENTARY INFORMATION: Throughout this document, wherever ADDRESSES: 40 CFR Part 52 EPA has established a ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, it means docket for this action under Docket ID the EPA. [EPA–R10–OAR–2016–0057; FRL–10011– No. EPA–R10–OAR–2016–0057. All 28–Region 10] documents in the docket are listed on I. Background Air Plan Approval; OR; 2010 Sulfur the https://www.regulations.gov website. Although listed in the index, On May 15, 2020, we proposed to Dioxide NAAQS Interstate Transport approve the October 20, 2015, SIP Requirements some information is not publicly available, e.g., Confidential Business submission from Oregon as meeting AGENCY: Environmental Protection Information or other information the certain Clean Air Act (CAA) interstate Agency (EPA). disclosure of which is restricted by transport requirements for the 2010 1- ACTION: Final rule. statute. Certain other material, such as hour SO2 NAAQS (85 FR 29369). The copyrighted material, is not placed on reasons for our proposed approval were SUMMARY: The Environmental Protection the internet and will be publicly stated in the proposed rulemaking and Agency (EPA) approves the State available only in hard copy form. will not be re-stated here. The public Implementation Plan (SIP) submission Publicly available docket materials are comment period for the proposed from Oregon as meeting certain Clean available at https:// rulemaking ended on June 15, 2020. We Air Act (CAA) interstate transport www.regulations.gov, or please contact received no comments. Therefore, we requirements for the 2010 1-hour Sulfur the person listed in the FOR FURTHER are finalizing our rulemaking as Dioxide (SO2) National Ambient Air INFORMATION CONTACT section for proposed. Quality Standards (NAAQS). EPA has additional availability information.

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43464 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

II. Final Action • Is not an economically significant action must be filed in the United States regulatory action based on health or Court of Appeals for the appropriate In this final action, EPA approves the safety risks subject to Executive Order circuit by September 15, 2020. Filing a October 20, 2015, SIP submission from 13045 (62 FR 19885, April 23, 1997); petition for reconsideration by the Oregon as meeting the interstate • Is not a significant regulatory action Administrator of this final rule does not transport requirements of CAA section subject to Executive Order 13211 (66 FR affect the finality of this action for the 110(a)(2)(D)(i)(I) for the 2010 1-hour SO 2 28355, May 22, 2001); purposes of judicial review nor does it NAAQS. • Is not subject to requirements of extend the time within which a petition III. Statutory and Executive Order section 12(d) of the National for judicial review may be filed and Reviews Technology Transfer and Advancement shall not postpone the effectiveness of Act of 1995 (15 U.S.C. 272 note) because such rule or action. This action may not Under the CAA, the Administrator is it does not address technical standards; be challenged later in proceedings to required to approve a SIP submission and enforce its requirements. (See section that complies with the provisions of the • Does not provide the EPA with the 307(b)(2).) CAA and applicable Federal regulations. discretionary authority to address, as 42 U.S.C. 7410(k); 40 CFR 52.02(a). appropriate, disproportionate human List of Subjects in 40 CFR Part 52 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, Carbon monoxide, provided that they meet the criteria of methods, under Executive Order 12898 Incorporation by reference, the CAA. Accordingly, this action (59 FR 7629, February 16, 1994). Intergovernmental relations, Lead, merely approves state law as meeting The SIP is not approved to apply on Nitrogen dioxide, Ozone, Particulate Federal requirements and does not any Indian reservation land in Oregon matter, Reporting and recordkeeping impose additional requirements beyond and is also not approved to apply in any requirements, Sulfur oxides, Volatile those imposed by state law. For that other area where EPA or an Indian tribe organic compounds. reason, this action: has demonstrated that a tribe has • Is not a ‘‘significant regulatory jurisdiction. In those areas of Indian Dated: June 25, 2020. action’’ subject to review by the Office country, the rule does not have tribal Christopher Hladick, of Management and Budget under implications and will not impose Regional Administrator, Region 10. Executive Orders 12866 (58 FR 51735, substantial direct costs on tribal For the reasons set forth in the October 4, 1993) and 13563 (76 FR 3821, governments or preempt tribal law as preamble, 40 CFR part 52 is amended as January 21, 2011); specified by Executive Order 13175 (65 follows: • Is not an Executive Order 13771 (82 FR 67249, November 9, 2000). FR 9339, February 2, 2017) regulatory The Congressional Review Act, 5 PART 52—APPROVAL AND action because SIP approvals are U.S.C. 801 et seq., as added by the Small PROMULGATION OF exempted under Executive Order 12866; Business Regulatory Enforcement IMPLEMENTATION PLANS Fairness Act of 1996, generally provides • Does not impose an information that before a rule may take effect, the ■ collection burden under the provisions 1. The authority citation for part 52 agency promulgating the rule must of the Paperwork Reduction Act (44 continues to read as follows: submit a rule report, which includes a U.S.C. 3501 et seq.); Authority: 42 U.S.C. 7401 et seq. copy of the rule, to each House of the • Is certified as not having a Congress and to the Comptroller General Subpart MM—Oregon significant economic impact on a of the United States. EPA will submit a substantial number of small entities report containing this action and other ■ 2. In § 52.1970, amend Table 5 in under the Regulatory Flexibility Act (5 required information to the U.S. Senate, paragraph (e) by adding, under the U.S.C. 601 et seq.); the U.S. House of Representatives, and heading ‘‘110(a)(2) Infrastructure and • Does not contain any unfunded the Comptroller General of the United Interstate Transport’’ an entry for mandate or significantly or uniquely States prior to publication of the rule in ‘‘Interstate Transport for the 2010 sulfur affect small governments, as described the Federal Register. A major rule dioxide NAAQS’’ immediately after the in the Unfunded Mandates Reform Act cannot take effect until 60 days after it entry for ‘‘Infrastructure for the 2015 of 1995 (Pub. L. 104–4); is published in the Federal Register. ozone NAAQS’’ to read as follows: • Does not have federalism This action is not a ‘‘major rule’’ as implications as specified in Executive defined by 5 U.S.C. 804(2). § 52.1970 Identification of plan. Order 13132 (64 FR 43255, August 10, Under section 307(b)(1) of the CAA, * * * * * 1999); petitions for judicial review of this (e) * * *

TABLE 5—STATE OF OREGON AIR QUALITY CONTROL PROGRAM APPROVED BUT NOT INCORPORATED BY REFERENCE

Applicable State Name of SIP provision geographic or submittal EPA approval date Explanations nonattainment area date

*******

110(a)(2) Infrastructure and Interstate Transport

******* Interstate Transport for the 2010 sulfur Statewide ...... 10/20/2015 7/17/2020, [Insert Federal This action addresses dioxide NAAQS. Register citation]. CAA 110(a)(2)(D)(i)(I).

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43465

TABLE 5—STATE OF OREGON AIR QUALITY CONTROL PROGRAM APPROVED BUT NOT INCORPORATED BY REFERENCE— Continued

Applicable State Name of SIP provision geographic or submittal EPA approval date Explanations nonattainment area date

*******

[FR Doc. 2020–14139 Filed 7–16–20; 8:45 am] complete public record for this A. Executive Order 12866: Regulatory BILLING CODE 6560–50–P rulemaking, including responses to Planning and Review and Executive comments received during the Order 13563: Improving Regulation and rulemaking, can be found under Docket Regulatory Review ENVIRONMENTAL PROTECTION No. EPA–HQ–OW–2016–0351. B. Executive Order 13771: Reducing Regulation and Controlling Regulatory AGENCY FOR FURTHER INFORMATION CONTACT: Costs Katherine B. Weiler, Oceans and Coastal DEPARTMENT OF DEFENSE C. Paperwork Reduction Act Management Branch (4504T), U.S. EPA, D. Regulatory Flexibility Act 40 CFR Part 1700 1200 Pennsylvania Avenue NW, E. Unfunded Mandates Reform Act Washington, DC 20460; (202) 566–1280; F. Executive Order 13132: Federalism [EPA–HQ–OW–2016–0351; FRL–10009–46– [email protected], or Mike G. Executive Order 13175: Consultation OW] Pletke, Chief of Naval Operations (N45), and Coordination With Indian Tribal 2000 Navy Pentagon (Rm. 2D253), RIN 2040–AF53 Governments Washington, DC 20350–2000; (703) 695– H. Executive Order 13045: Protection of Uniform National Discharge Standards 5184; [email protected]. Children From Environmental Health for Vessels of the Armed Forces— SUPPLEMENTARY INFORMATION: This and Safety Risks Phase II Batch Two supplementary information is organized I. Executive Order 13211: Actions as follows: Concerning Regulations That AGENCY: Environmental Protection Significantly Affect Energy Supply, Agency and Department of Defense. I. General Information Distribution, or Use A. Legal Authority for the Final Rule J. National Technology Transfer and ACTION: Final rule. B. Purpose of the Final Rule Advancement Act C. What vessels are regulated by the final SUMMARY: The U.S. Environmental rule? K. Coastal Zone Management Act Protection Agency (EPA) and the U.S. D. What is the geographic scope of the final L. Endangered Species Act Department of Defense (DoD) are rule? M. Executive Order 13112: Invasive promulgating discharge performance E. Rulemaking Process Species standards for 11 discharges incidental to F. Summary of Public Outreach and N. Executive Order 13089: Coral Reef the normal operation of a vessel of the Consultation With Federal Agencies, Protection Armed Forces in the navigable waters of States, Territories, and Tribes O. Executive Order 12898: Federal Actions the United States, the territorial seas, G. Supporting Documentation To Address Environmental Justice in II. UNDS Performance Standards Minority Populations and Low-Income and the contiguous zone. When Development implemented, the discharge Populations A. Nature of the Discharge P. Congressional Review Act performance standards will reduce the B. Environmental Effects adverse environmental impacts C. Cost, Practicability, and Operational I. General Information associated with the vessel discharges, Impacts stimulate the development of improved D. Applicable U.S. and International Law A. Legal Authority for the Final Rule vessel pollution control devices, and E. Definitions III. UNDS Discharge Analysis and The EPA and DoD promulgate this advance the development of rule under the authority of Clean Water environmentally sound vessels of the Performance Standards A. Catapult Water Brake Tank and Post- Act (CWA) Section 312(n) (33 U.S.C. Armed Forces. The 11 discharges Launch Retraction Exhaust 1322(n)). Section 325 of the National addressed by the final rule include the B. Controllable Pitch Propeller Hydraulic Defense Authorization Act of 1996 following: Catapult water brake tank Fluid (NDAA), titled ‘‘Discharges from Vessels and post-launch retraction exhaust, C. Deck Runoff of the Armed Forces’’ (Pub. L. 104–106, controllable pitch propeller hydraulic D. Firemain Systems 110 Stat. 254), amended CWA Section E. Graywater fluid, deck runoff, firemain systems, 312, to require the Administrator of the graywater, hull coating leachate, motor F. Hull Coating Leachate G. Motor Gasoline and Compensating U.S. Environmental Protection Agency gasoline and compensating discharge, (Administrator) and the Secretary of sonar dome discharge, submarine Discharge H. Sonar Dome Discharge Defense of the U.S. Department of bilgewater, surface vessel bilgewater/oil- I. Submarine Bilgewater Defense (Secretary) to develop uniform water separator effluent, and J. Surface Vessel Bilgewater/Oil-Water national standards to control certain underwater ship husbandry. Separator Effluent discharges incidental to the normal DATES: This final rule is effective on K. Underwater Ship Husbandry operation of a vessel of the Armed August 17, 2020. IV. Additional Information in the Final Rule Forces. The term Uniform National V. Changes and Improvements Since the ADDRESSES: The EPA has established a Proposed Rule Discharge Standards, or UNDS, is used docket for this action under Docket No. A. Public Comment in this preamble to refer to the EPA–HQ–OW–2016–0351. All B. Modification to Proposed Standards provisions in CWA Section 312(a)(12) documents in the docket are listed on VI. Related Acts of Congress and Executive through (14) and (n) (33 U.S.C. the http://regulations.gov website. The Orders 1322(a)(12) through (14) & (n)).

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43466 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

B. Purpose of the Final Rule C. What vessels are regulated by the seaward from the line of ordinary low final rule? water along the portion of the coast in The purpose of the statutory The final rule applies to vessels of the direct contact with the open sea and the amendment for the establishment of the line marking the seaward limit of inland UNDS rules is to enhance the Armed Forces. For the purposes of the rulemaking, the term ‘‘vessel of the waters. The term ‘‘contiguous zone’’ operational flexibility of vessels of the Armed Forces’’ is defined at CWA means the entire zone established or to Armed Forces domestically and Section 312(a)(14). Vessel of the Armed be established by the United States internationally, stimulate the under Article 24 of the Convention of Forces means any vessel owned or the Territorial Sea and the Contiguous development of innovative vessel operated by the U.S. Department of Zone. The contiguous zone extends pollution control technology, and Defense (i.e., U.S. Navy, Military Sealift seaward twelve miles from the baseline advance the development of Command, U.S. Marine Corps, U.S. from which the breadth of the territorial environmentally sound ships. Section Army, and U.S. Air Force), other than a sea is measured. The final rule is not 312(n)(3)(A) of the CWA requires the time- or voyage-chartered vessel, as well applicable seaward of the contiguous EPA and DoD to promulgate uniform as any U.S. Coast Guard vessel zone. national discharge standards for certain designated by the Secretary of the discharges incidental to the normal Department in which the U.S. Coast E. Rulemaking Process operation of a vessel of the Armed Guard is operating. The preceding list of The UNDS rulemaking is a three- Forces (CWA Section 312(a)(12)), unless vessels is not intended to be exhaustive, phase, joint rulemaking between the the Secretary finds that compliance with but rather provides a guide for the EPA and DoD. The first two phases are UNDS would not be in the national reader regarding the vessels of the joint rulemakings between the EPA and security interests of the United States Armed Forces to be regulated by the DoD; the third phase is a DoD-only (CWA Section 312(n)(1)). final rule. The final rule does not apply rulemaking. The final rule establishes discharge to commercial vessels; private vessels; vessels owned or operated by state, Phase I ‘‘performance standards’’ for 11 local, or tribal governments; vessels The EPA and DoD promulgated Phase discharges incidental to the normal under the jurisdiction of the U.S. Army I regulations on May 10, 1999 (64 FR operation of a vessel of the Armed Corps of Engineers; certain vessels 25126), and these existing regulations Forces from among the 25 discharges for under the jurisdiction of the U.S. are codified at 40 CFR part 1700. During which the EPA and DoD previously Department of Transportation; vessels Phase I, the EPA and DoD identified the determined (64 FR 25126, May 10, 1999) preserved as memorials and museums; discharges incidental to the normal that it is reasonable and practicable to vessels under construction; vessels in operation of a vessel of the Armed require a marine pollution control drydock; amphibious vehicles; and, as Forces for which it is reasonable and device (MPCD). The 11 discharges noted above, time- or voyage-chartered practicable to require control with a addressed in the rule include the vessels. For answers to questions MPCD to mitigate potential adverse following: catapult water brake tank and regarding the applicability of this action impacts on the marine environment post-launch retraction exhaust, to a particular vessel, consult one of the (CWA Section 312(n)(2)), as well as controllable pitch propeller hydraulic contacts listed in the FOR FURTHER those discharges for which it is not. fluid, deck runoff, firemain systems, INFORMATION CONTACT section. Section 312(a)(13) of the CWA defines a MPCD as any equipment or management graywater, hull coating leachate, motor D. What is the geographic scope of the practice, for installation or use on a gasoline and compensating discharge, final rule? sonar dome discharge, submarine vessel of the Armed Forces, that is bilgewater, surface vessel bilgewater/oil- The final rule is applicable to designed to receive, retain, treat, water separator effluent, and discharges from a vessel of the Armed control, or discharge a discharge underwater ship husbandry. However, Forces operating in the navigable waters incidental to the normal operation of a the discharge performance standards do of the United States, including the vessel; and that is determined by the territorial seas, and the contiguous zone not become enforceable until after Administrator and the Secretary to be (CWA Section 312(n)(8)(A)). The final promulgation of regulations by DoD the most effective equipment or rule applies in both fresh and marine under CWA Section 312(n)(5)(C) to management practice to reduce the waters and can include bodies of water environmental impacts of the discharge govern the design, construction, such as rivers, lakes, and oceans. The consistent with the considerations set installation, and use of a MPCD. CWA preamble refers to these waters forth by UNDS. Section 312(n)(5)(C) requires DoD to collectively as ‘‘waters subject to During Phase I, the EPA and DoD also promulgate the regulations as soon as UNDS.’’ identified the vessels with discharges to practicable after the promulgation of the Sections 502(7), 502(8), and 502(9) of be regulated under UNDS. The Phase I discharge performance standards, but the CWA define the terms ‘‘navigable Technical Development Document not later than one year. Additionally, waters,’’ ‘‘territorial seas,’’ and describes the range of vessels covered upon the effective date of regulations by ‘‘contiguous zone,’’ respectively. The by UNDS which includes both active DoD under CWA Section 312(n)(5)(C), term ‘‘navigable waters’’ means waters and inactive vessels. Inactive vessels are CWA Section 312(n)(6)(A) provides that of the United States including the vessels owned by the Armed Forces that neither a state nor a political territorial seas, and the ‘‘United States’’ are not in operational status but are subdivision of a state may adopt or includes the States, the District of retained as mobilization assets or held enforce any statute or regulation of the Columbia, the Commonwealth of Puerto in long-term storage for some other state (or the political subdivision) with Rico, the U.S. Virgin Islands, Guam, permanent disposition. The vessels are respect to the discharge or design, American Samoa, the Commonwealth of owned by the DoD, pending final construction, installation or use of any the Northern Mariana Islands, and the disposition and as such are covered MPCD required to control discharges Trust Territories of the Pacific Islands. under UNDS. from a vessel of the Armed Forces. The term ‘‘territorial seas’’ means the The Phase I Technical Development belt of seas that extends three miles Document also describes the 25

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43467

discharges that the EPA and DoD 25 discharges identified in Phase I as included effluent limits that are based identified as requiring control with a requiring control. Development of the on both the technology available to treat MPCD and the 14 discharges that do not discharge performance standards pollutants (i.e., technology-based require control. The 25 discharges required the EPA and DoD to consult effluent limitations), and limits requiring control include: Aqueous film- with the Department in which the U.S. intended to be protective of the forming foam; catapult water brake tank Coast Guard is operating, the Secretary designated uses of the receiving waters and post-launch retraction exhaust; of Commerce, interested states, the (i.e., water quality-based effluent limits), chain locker effluent; clean ballast; Secretary of State, and other interested including both non-numeric and compensated fuel ballast; controllable federal agencies. CWA Section numeric limitations. Using the NPDES pitch propeller hydraulic fluid; deck 312(n)(2)(B) directs the EPA and DoD to VGPs as a ‘‘reasonable and practicable’’ runoff; dirty ballast; distillation and consider seven factors when baseline to develop performance reverse osmosis brine; elevator pit promulgating the Phase II discharge standards for discharges incidental to effluent; firemain systems; gas turbine performance standards: The nature of the normal operation of a vessel of the water wash; graywater; hull coating the discharge; the environmental effects Armed Forces allowed the EPA and DoD leachate; motor gasoline and of the discharge; the practicability of to maximize the use of the EPA’s compensating discharge; non-oily using the MPCD; the effect that scientific and technical work developed machinery wastewater; photographic installation or use of the MPCD would to support the NPDES VGPs. The laboratory drains; seawater cooling have on the operation or the operational NPDES VGPs technology-based and overboard discharge; seawater piping capability of the vessel; applicable U.S. water quality-based effluent limitations biofouling prevention; small boat engine law; applicable international standards; were then adapted, as appropriate, for wet exhaust; sonar dome discharge; and the economic costs of installation the relevant discharges from vessels of submarine bilgewater; surface vessel and use of the MPCD. Section the Armed Forces. Additional bilgewater/oil-water separator effluent; 312(n)(3)(C) of the CWA authorizes the information on NPDES permitting can underwater ship husbandry; and EPA and DoD to establish discharge be found on-line at http://www.epa.gov/ welldeck discharges (40 CFR 1700.4). standards that (1) distinguish among npdes/. The 14 discharges that do not require classes, types, and sizes of vessels; (2) Phase III control with a MPCD include: Boiler distinguish between new and existing blowdown; catapult wet accumulator vessels; and (3) provide for a waiver of CWA Section 312(n)(4) requires DoD discharge; cathodic protection; applicability of standards as necessary within one year of finalization of Phase freshwater layup; mine countermeasures or appropriate to a particular class, type, II and in consultation with the EPA and equipment lubrication; portable damage age, or size of vessel. the Secretary of the Department in control drain pump discharge; portable The EPA and DoD developed a which the U.S. Coast Guard is operating, damage control drain pump wet process to establish the Phase II to promulgate Phase III UNDS exhaust; refrigeration/air conditioning discharge performance standards in regulations governing the design, condensate; rudder bearing lubrication; three ‘‘batches’’ through three separate construction, installation, and use of steam condensate; stern tube seals and rulemakings. The first batch of MPCDs necessary to meet the Phase II underwater bearing lubrication; discharge performance standards was discharge performance standards. DoD submarine acoustic countermeasures published on January 11, 2017 (82 FR will implement the Phase III regulations launcher discharge; submarine 3173), and addressed 11 of the 25 under the authority of the Secretary as emergency diesel engine wet exhaust; discharges identified as requiring a DoD publication. The Phase III and submarine outboard equipment control in Phase I. The second batch of regulations will be publicly released grease and external hydraulics. discharge performance standards, the and are expected to be made available As of the effective date of the Phase subject of this final rule, addresses an on the Defense Technical Information I rule (June 9, 1999), states and political additional 11 discharges previously Center website: http://www.dtic.mil/ subdivisions of states are preempted identified as requiring control. The EPA whs/directives. Similar to Phase II, from adoption or enforcement of any and DoD are preparing the third batch Phase III will be promulgated in three state or local statutes or regulations with of performance standards to address the batches. respect to the 14 discharges that were remaining three discharges (relating to Following the effective date of identified as not requiring control, different variations of ballast water regulations under Phase III, it will be except as provided for in no-discharge systems), which will be proposed later. unlawful for a vessel of the Armed zones (CWA Sections 312(n)(6)(A) and In developing the Phase II discharge Forces to operate within waters subject 312(n)(7)). In addition, CWA Section performance standards, the EPA and to UNDS if the vessel is not equipped 312(n)(5)(D) authorizes the governor of DoD referenced the 2013 National with a MPCD that meets the final Phase any state to submit a petition to the EPA Pollutant Discharge Elimination System II discharge performance standards and DoD requesting the re-evaluation of (NPDES) Vessel General Permit (VGP) (CWA Section 312(n)(8)). It also will be a prior determination that a MPCD is (78 FR 21938, April 12, 2013) and the unlawful for a vessel of the Armed required for a particular discharge (40 2014 NPDES Small Vessel General Forces to discharge a regulated UNDS CFR 1700.4) or that a MPCD is not Permit (sVGP) (79 FR 53702, September discharge into an UNDS no-discharge required for a particular discharge (40 10, 2014) (hereafter referred to zone (i.e., waters where a prohibition on CFR 1700.5), if there is significant new collectively as the NPDES VGPs) as a a discharge has been established) (CWA information not considered previously, baseline for each comparable discharge Section 312(n)(8)). Any person in that could reasonably result in a change incidental to the normal operation of a violation of this requirement shall be to the determination (CWA Section vessel of the Armed Forces. liable to a civil penalty of not more than 312(n)(5)(D) and 40 CFR 1700.11). Geographically, the NPDES VGPs $5,000 for each violation (CWA Section applied seaward only to the CWA’s 312(j)). The Secretary of the Department Phase II three-mile territorial sea and only to in which the U.S. Coast Guard is Section 312(n)(3) of the CWA requires discharges incidental to the normal operating enforces these provisions and the EPA and DoD to develop discharge operation of non-military and non- may utilize law enforcement officers, performance standards for each of the recreational vessels. The NPDES VGPs EPA personnel and facilities, other

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43468 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

federal agencies, or the states to carry G. Supporting Documentation installation and use of the MPCD. The out these provisions. States may also The rule is supported by the EPA and DoD determined that the enforce these provisions (CWA Sections ‘‘Technical Development Document NPDES VGPs, which include 312(k) and (n)(9)). Phase I Uniform National Discharge technology-based and water quality- In addition, as of the effective date of Standards for Vessels of the Armed based effluent limitations, served as a the Phase III regulations, neither a state Forces,’’ the UNDS Phase I rules, the sound baseline for developing the nor political subdivision of a state may ‘‘Final 2013 Vessel General Permit for discharge performance standards for the 11 discharges in this rule. The adopt or enforce any state or local Discharges Incidental to the Normal subsections below outline the EPA and statute or regulation with respect to Operation of Vessels,’’ the ‘‘2013 Final DoD’s approach to considering the discharges identified as requiring Issuance of the National Pollutant seven statutory factors listed in CWA control, except to establish no-discharge Discharge Elimination Vessel General Section 312(n)(2)(B). zones (CWA Section 312(n)(7)). If a state Permit Fact Sheet,’’ the ‘‘Final 2014 determines that the protection and Small Vessel General Permit for A. Nature of the Discharge enhancement of the quality of some or Discharges Incidental to the Normal During Phase I, the EPA and DoD all of its waters require greater Operation of Vessels Less Than 79 gathered information on the discharges environmental protection, the state may Feet,’’ the ‘‘2014 Final Issuance of incidental to the normal operation of a prohibit one or more discharges National Pollutant Discharge vessel of the Armed Forces and incidental to the normal operation of a Elimination System Small Vessel developed nature of the discharge vessel of the Armed Forces, whether General Permit for Discharges Incidental reports. The nature of the discharge treated or not, into those waters. CWA to the Normal Operation of Vessels Less reports discuss how the discharge is Section 312(n)(7) provides for the than 79 Feet Fact Sheet,’’ the ‘‘October generated, volumes and frequencies of establishment of no-discharge zones and 2016 Uniform National Discharge the generated discharge, where the the Phase I UNDS regulations Standards for Vessels of the Armed discharge occurs, and the constituents established the criteria and procedures Forces—Phase II Batch Two Proposed present in the discharge. In addition, the for establishing no-discharge zones (40 Rule,’’ the ‘‘Report to Congress: Study of EPA and DoD reviewed relevant CFR 1700.9 and 40 CFR 1700.10). Discharges Incidental to Normal discharge information in the supporting Operation of Commercial Fishing The statute also requires the EPA and documentation of the NPDES VGPs. The Vessels and Other Non-Recreational DoD to review the UNDS determinations EPA and DoD briefly describe the nature Vessels Less than 79 Feet,’’ the and standards every five years and, if of each of the 11 discharges included in ‘‘Biological Evaluation for the Uniform this rule; however, the complete nature necessary, to revise them based on National Discharge Standards Program significant new information. of the discharge reports can be found in Phase II—Batch Two,’’ and the Appendix A of the Technical Specifically, CWA Sections 312(n)(5)(A) ‘‘National Consistency Determination: and (B) contain provisions for reviewing Development Document—EPA 821–R– Uniform National Discharge Standards 99–001. and modifying both of the following Program for Phase II Batch Two determinations: (1) Whether control Discharges.’’ These documents, along B. Environmental Effects should be required for a particular with other supporting technical and Discharges incidental to the normal discharge, and (2) the substantive scientific documents are available from operation of a vessel of the Armed standard of performance for a discharge the EPA Water Docket, Docket No. EPA– Forces have the potential to negatively for which control is required. A HQ–OW–2016–0351 (Email: ow- impact the aquatic environment. The governor also may petition the [email protected]; Phone Number: (202) discharges contain a wide variety of Administrator and the Secretary to 566–2426; Mail: Water Docket, Mail constituents that have the potential to review a UNDS determination or Code: 2822–IT, 1200 Pennsylvania negatively impact aquatic species and standard if there is significant new Avenue NW, Washington, DC 20460; or habitats. These discharges can cause information, not considered previously, Online: http://regulations.gov). The thermal pollution and can contain that could reasonably result in a change NPDES VGPs background documents aquatic nuisance species, nutrients, to the determination or standard (CWA also are available online: https:// bacteria or pathogens (e.g., E. coli and Section 312(n)(5)(D) & 40 CFR 1700.11). www.epa.gov/npdes/vessels. fecal coliforms), oil and grease, metals, F. Summary of Public Outreach and most conventional pollutants (e.g., II. UNDS Performance Standards organic matter, biochemical oxygen Consultation With Federal Agencies, Development States, Territories, and Tribes demand, and suspended solids), and During the development of the other toxic and non-conventional During the development of the discharge performance standards, the pollutants with toxic effects. While it is proposed rule and the final rule, the EPA and DoD analyzed the information unlikely that these discharges would EPA and DoD consulted with other from the Phase I of UNDS, considered cause an acute or chronic exceedance of federal agencies, states, and tribes the relevant language in the NPDES the EPA recommended water quality regarding the reduction of adverse VGPs, and took into the consideration criteria across a large water body, these environmental impacts associated with the seven statutory factors listed in discharges have the potential to cause discharges from vessels of the Armed CWA Section 312(n)(2)(B). These seven adverse environmental impacts on a Forces; development of innovative statutory factors include: The nature of more localized scale due to the end-of- vessel pollution control technology; and the discharge; the environmental effects pipe nature of the discharges. For each advancement of environmentally sound of the discharge; the practicability of of the 11 discharges included in this vessels of the Armed Forces. In using the MPCD; the effect that rule, the EPA and DoD discuss the addition, the EPA and DoD reviewed installation or use of the MPCD would constituents of concern released into the comments on the NPDES VGPs. have on the operation or operational environment and potential water quality Documentation of the consultations is in capability of the vessel; applicable U.S. impacts. The discharge performance the administrative docket for the law; applicable international standards; standards will reduce the discharge of rulemaking. and the economic costs of the constituents of concern and mitigate the

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43469

environmental risks to the receiving and purposes of such treaties. The EPA A. Catapult Water Brake Tank and Post- waters. and DoD incorporated any relevant Launch Retraction Exhaust information in the development of the C. Cost, Practicability, and Operational The performance standards prohibit discharge standards after reviewing the Impacts the discharge of catapult water brake requirements of the following treaties The universe of vessels of the Armed tank effluent. In addition, the number of and domestic implementing legislation, post-launch retractions must be limited Forces affected by the rule encompasses as well as other relevant and potentially to the minimum required to test and more than 6,000 vessels distributed applicable U.S. environmental laws: validate the system and to conduct among the U.S. Navy, Military Sealift International Convention for the qualification and operational training. Command, U.S. Coast Guard, U.S. Prevention of Pollution from Ships (also Army, U.S. Marine Corps, and U.S. Air referred to as MARPOL); International B. Controllable Pitch Propeller Force. These vessels range in design and Convention on the Control of Harmful Hydraulic Fluid size from small boats with lengths of Anti-Fouling Systems on Ships; Act to less than 20 feet for coastal operations, The performance standards require Prevent Pollution from Ships; CWA that the protective seals on controllable to aircraft carriers with lengths of over Section 311, as amended by the Oil 1,000 feet for global operations. pitch propellers (CPPs) be maintained in Pollution Control Act of 1990; CWA good operating order to minimize the Approximately 80 percent of the vessels Section 402 and the NPDES VGPs; leakage of hydraulic fluid. In addition, of the Armed Forces are less than 79 feet Federal Insecticide, Fungicide, and to the greatest extent practicable, in length. Larger vessels (i.e., vessels Rodenticide Act (FIFRA); Hazardous maintenance activities on CPPs should with length greater than or equal to 79 Materials Transportation Act; Title X of be conducted when a vessel is in feet) comprise 20 percent of the vessels the Coast Guard Authorization Act of drydock. If maintenance and repair of the Armed Forces. The EPA and DoD 2010; National Marine Sanctuaries Act; activities must occur when the vessel is considered vessel class, type, and size Antiquities Act of 1906; Resource not in drydock, appropriate spill when developing the discharge Conservation and Recovery Act; Toxic response equipment (e.g., oil booms) standards as not all vessels of the Substances Control Act; and the St. must be used to contain and clean any Armed Forces have the same discharges. Lawrence Seaway Regulations. For more information on the various oil leakage. The discharge of CPP vessel classes, characteristics, and E. Definitions hydraulic fluid must not contain oil in missions, see the ‘‘Technical The final rule adds UNDS definitions quantities that: Cause a film or sheen Development Document Phase I to 40 CFR part 1700. Specifically, the upon or discoloration of the surface of Uniform National Discharge Standards final rule defines the following terms: the water or adjoining shorelines; or for Vessels of the Armed Forces.’’ Great Lakes; minimally-toxic soaps, cause a sludge or emulsion to be The EPA and DoD assessed the cleaners, and detergents; phosphate-free deposited beneath the surface of the relative costs, practicability, and soaps, cleaners, and detergents; and water or upon adjoining shorelines; or operational impacts of the rule by State. These definitions clarify, contain an oil content above 15 parts comparing current operating conditions simplify, or improve understanding of per million (ppm) as measured by EPA and practices of vessels of the Armed what the EPA and DoD intended in Method 1664a (as defined in 40 CFR Forces with the anticipated operating establishing the discharge performance 136.3) or other appropriate method for conditions and practices that would be standards. Some of the definitions are determination of oil content as accepted required to meet the discharge slightly different from the definitions by the International Maritime performance standards. The EPA and established under the NPDES VGPs to Organization (IMO) (e.g., ISO Method DoD determined that the discharge improve clarity and understanding. 9377) or U.S. Coast Guard; or otherwise performance standards applicable to are harmful to the public health or III. UNDS Performance Standards operating conditions and practices for welfare of the United States. This section describes the discharge the 11 discharges will only result in a C. Deck Runoff marginal increase in performance costs, performance standards determined to be practicability, and operational impacts. reasonable and practicable to mitigate The performance standards prohibit the adverse impacts to the marine flight deck washdowns and require D. Applicable U.S. and International environment for the 11 discharges. The minimization of other deck washdowns Law 11 discharge performance standards while in port and in federally-protected The EPA and DoD reviewed U.S. laws described in each section below apply waters. Additionally, before non-flight and international standards that would to vessels of the Armed Forces operating deck washdowns occur, all exposed be relevant to discharges incidental to within waters subject to UNDS, except decks must be broom cleaned and on- the normal operation of a vessel of the as otherwise expressly excluded in the deck debris, garbage, paint chips, Armed Forces. A number of U.S. ‘‘exceptions’’ in 40 CFR 1700.39. In residues, and spills must be removed, environmental laws include specific addition, if two or more regulated collected, and disposed of onshore in provisions for federal facilities and discharge streams are combined prior to accordance with any applicable solid properties that may result in different discharge, then the resulting discharge waste or hazardous waste management environmental requirements for federal will need to meet the discharge and disposal requirements. and non-federal entities. Similarly, performance standards applicable to If a deck washdown or above water many international treaties do not apply each of the discharges that are being line hull cleaning will create a to vessels of the Armed Forces either combined (40 CFR 1700.40). discharge, the washdown or above water because vessels of the Armed Forces are Furthermore, recordkeeping (40 CFR line cleaning must be conducted with entitled to sovereign immunity under 1700.41) and non-compliance reporting minimally-toxic and phosphate-free international law or because any (40 CFR 1700.42) apply generally to soaps, cleaners, and detergents. The use particular treaty may apply different each discharge performance standard of soaps that are labeled as toxic is approaches to the adoption of unless expressly provided in any prohibited. All soaps and cleaners must appropriate environmental control particular discharge performance be used as directed by the label. measures consistent with the objects standard. Furthermore, soaps, cleaners, and

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43470 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

detergents should not be caustic and surrounding waters or potable water When an onshore facility is either not must be biodegradable. supplies. available or use of such a facility is not reasonable and practicable (e.g., when Additionally, where feasible, E. Graywater machinery on deck must have coamings the vessel must operate continuously or drip pans where necessary to collect The performance standards require within one mile of shore resulting in any oily discharge that may leak from that cooking oils (e.g., from deep fryers), graywater generation), production and machinery and prevent spills. The drip including animal fats and vegetable oils, discharge of graywater must be pans must be drained to a waste must not be intentionally disposed minimized within one mile of shore. through graywater systems. The container for proper disposal onshore in F. Hull Coating Leachate accordance with any applicable oil and performance standards further require hazardous substance management and that the addition of incidental quantities The performance standards require disposal requirements. of cooking oils (e.g., associated with that antifouling hull coatings subject to washing and rinsing pots and dishes) to FIFRA (7 U.S.C 136 et seq.) must be The presence of floating solids, visible the graywater system must be applied, maintained, and removed in a foam, halogenated phenol compounds, minimized when the vessel is within manner consistent with requirements on and dispersants and surfactants in deck three miles of shore. The performance the coatings’ FIFRA label. The washdowns must be minimized. standards require that graywater performance standards also prohibit the Topside surfaces and other above-water- discharges must not contain oil in use of biocides or toxic materials line portions of the vessel must be well- quantities that cause a film or sheen banned for use in the United States maintained to minimize the discharge of upon or discoloration of the surface of (including those on EPA’s List of rust and other corrosion byproducts, the water or adjoining shorelines; or Banned or Severely Restricted cleaning compounds, paint chips, non- cause a sludge or emulsion to be Pesticides). These performance skid material fragments, and other deposited beneath the surface of the standards apply to all vessels of the materials associated with exterior water or upon adjoining shorelines; or Armed Forces, including vessels with a topside surface preservation. Residual contain an oil content above 15 ppm as hull coating applied outside of the paint droplets entering the water must measured by EPA Method 1664a or United States. Antifouling hull coatings be minimized when conducting other appropriate method for must not contain tributyltin (TBT) or maintenance painting. The discharge of determination of oil content as accepted other organotin compounds as a hull unused paint is prohibited. Paint chips by the IMO (e.g., ISO Method 9377) or coating biocide. Antifouling hull and unused paint residues must be U.S. Coast Guard; or otherwise are coatings may contain small quantities of collected and disposed of onshore in harmful to the public health or welfare organotin compounds when the accordance with applicable solid waste of the United States. In addition, organotin is used as a chemical catalyst and hazardous substance management minimally-toxic soaps, cleaners and and is not present above 2,500 and disposal requirements. detergents and phosphate-free soaps, milligrams of total tin per kilogram of When vessels conduct underway fuel cleaners, and detergents must be used in dry paint film. Also, any organotin replenishment, scuppers must be the galley, scullery, and laundry. These antifouling hull coatings used must be plugged to prevent the discharge of oil. soaps, cleaners, and detergents should designed to not slough or peel from the Any oil spilled must be cleaned, also be free from bioaccumulative vessel hull. In addition, the standards managed, and disposed of onshore in compounds and not lead to extreme require the use of non-biocidal accordance with any applicable onshore shifts in the receiving water pH (i.e., pH alternatives to copper coatings to the oil and hazardous substance to fall below 6.0 or rise above 9.0). greatest extent practicable. The management and disposal requirements. For vessels designed with the capacity performance standards also require to D. Firemain Systems to hold graywater, the performance the greatest extent practicable, the use of standards further require that graywater antifouling hull coatings with the lowest The firemain system discharges to must not be discharged in federally- effective biocide release rates, rapidly which UNDS applies include only the protected waters or the Great Lakes. In biodegradable components (once seawater pumped through the firemain addition, such vessels are prohibited separated from the hull surface), or use system for firemain testing, from discharging graywater within one of non-biocidal alternatives, such as maintenance, and training, and to mile of shore if an onshore facility is silicone coatings. Finally, the supply water for the operation of certain available and use of such a facility is performance standards require, to the vessel systems, rather than to reasonable and practicable. When an greatest extent practicable, avoiding the operational firefighting discharges onshore facility is either not available or use of antifouling hull coatings on generally. The performance standards when use of such a facility is not vessels that are regularly removed from require minimization of discharges from reasonable and practicable (e.g., when the water and unlikely to accumulate firemain systems during testing and the vessel must operate continuously hull growth. inspection and to the greatest extent within one mile of shore resulting in practicable, firemain system graywater generation that exceeds the G. Motor Gasoline and Compensating maintenance and training must be vessel’s holding capacity) production Discharge conducted outside of port and as far and discharge of graywater must be The performance standards require away from shore as possible. In minimized within one mile of shore. that the discharge of motor gasoline and addition, firemain system effluent must For vessels that do not have the compensating effluent must not contain not be discharged in federally-protected capacity to hold graywater, graywater oil in quantities that cause a film or waters except when needed to comply production must be minimized in sheen upon or discoloration of the with anchor washdown requirements in federally-protected waters or the Great surface of the water or adjoining Subpart 1700.16 (Chain locker effluent). Lakes. In addition, such vessels are shorelines; or cause a sludge or Firemain system effluent may be prohibited from discharging graywater emulsion to be deposited beneath the employed for secondary uses and within one mile of shore if an onshore surface of the water or upon adjoining discharged without MPCD controls if facility is available and use of such a shorelines; or contain an oil content the intake comes directly from the facility is reasonable and practicable. above 15 ppm as measured by EPA

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43471

Method 1664a or other appropriate activities associated with vessel In addition, the discharge of method for determination of oil content equipment and structures. The bilgewater/oil-water separator effluent as accepted by the IMO (e.g., ISO discharge of submarine bilgewater also must not contain dispersants, Method 9377) or U.S. Coast Guard; or must only contain substances that are detergents, emulsifiers, chemicals, or otherwise are harmful to the public produced in the normal operation of a other substances added for the purpose health or welfare of the United States. vessel. Oil solidifiers, flocculants, or of removing the appearance of a visible In addition, if an oily sheen is observed, other additives (excluding any sheen. The performance standard does the performance standards require that dispersants or surfactants) may be used not, however, prohibit the use of these any spill or overflow of oil must be to enhance oil-water separation during materials in machinery spaces for the cleaned up, recorded, and reported to processing in an oil-water separator purposes of cleaning and maintenance the National Response Center only if such solidifiers, flocculants, or activities associated with vessel immediately. The discharge of motor other additives are minimized in the equipment and structures. The gasoline and compensating discharge discharge and do not alter the chemical discharge of surface vessel bilgewater/ must be minimized in port and is composition of the oils in the discharge. oil-water separator effluent may only prohibited in federally-protected waters. Solidifiers, flocculants, or other contain substances that are produced in additives must not be directly added, or the normal operation of a vessel. For the H. Sonar Dome Discharge otherwise combined with, the water in discharge of oil-water separator effluent, The performance standards require the bilge. oil solidifiers, flocculants or other that the discharge of water from inside The performance standards prohibit additives (excluding any dispersants or the sonar dome for maintenance submarine bilgewater discharges while surfactants) may be used to enhance oil/ activities is prohibited unless the use of the submarine is in port, if the port has water separation during processing only a drydock for the maintenance activity the capability to collect and transfer the if such solidifiers, flocculants, or other is not feasible (e.g., when there is no bilgewater to an onshore facility. If the additives are minimized and do not drydock available to support the submarine is not in port, then any such alter the chemical composition of the maintenance activity, or when the discharge must be minimized and oils in the discharge. Solidifiers, vessel’s availability would be impacted discharged as far from shore as flocculants, or other additives must not to prevent the vessel from meeting its technologically feasible. The be directly added to, or otherwise operational requirements). However, the performance standards also require that combined with, the water in the bilge. water inside the sonar dome may be submarine bilgewater discharges be The discharge of surface vessel released for equalization of pressure minimized in federally-protected bilgewater/oil-water separator effluent between the interior and exterior of the waters. Finally, the standards require must not contain oil in quantities that dome. This would include the discharge that management practices minimize cause a film or sheen upon or of water required to protect the shape, leakage of oil and other harmful discoloration of the surface of the water integrity, and structure of the sonar pollutants into the bilge. or adjoining shorelines; or cause a dome due to internal and external sludge or emulsion to be deposited J. Surface Vessel Bilgewater/Oil-Water pressures and forces. Under the beneath the surface of the water or upon Separator Effluent (OWSE) performance standards, a biofouling adjoining shorelines; or contain an oil chemical that is bioaccumulative should The performance standards prohibit content above 15 ppm as measured by not be applied to the exterior of a sonar the discharge of bilgewater from surface EPA Method 1664a or other appropriate dome when a non-bioaccumulative vessels equipped with an oil-water method for determination of oil content alternative is available. separator and require that any discharge as accepted by the IMO (e.g., ISO of oil-water separator effluent pass I. Submarine Bilgewater Method 9377) or U.S. Coast Guard; or through an oil-content monitor. All otherwise are harmful to the public The performance standards require surface vessels greater than 400 gross health or welfare of the United States. that the discharge of submarine tons must be equipped with an oil-water When a visible sheen is observed as bilgewater must not contain oil in separator. If measurements for gross a result of a surface vessel bilgewater/ quantities that cause a film or sheen tonnage are not available to determine oil-water separator effluent discharge, upon or discoloration of the surface of whether the prohibition against surface the discharge must be suspended the water or adjoining shorelines; or vessel bilgewater discharge applies for a immediately until the problem is cause a sludge or emulsion to be particular vessel, full displacement corrected. Any spill or overflow of oil or deposited beneath the surface of the measurements may be used instead. The other engine fluids to waters subject to water or upon adjoining shorelines; or performance standards also require that UNDS must be cleaned, recorded, and contain an oil content above 15 ppm as the discharge of oil-water separator reported immediately to the National measured by EPA Method 1664a or effluent not occur in port, if the port has Response Center. The surface vessel other appropriate method for the capability to collect and transfer oil- must also employ management practices determination of oil content as accepted water separator effluent to an onshore to minimize leakage of oil and other by the IMO (e.g., ISO Method 9377) or facility. In addition, the discharge of oil- harmful pollutants into the bilge. Such U.S. Coast Guard; or otherwise are water separator effluent must be practices may include regular harmful to the public health or welfare minimized within one mile of shore, inspection and maintenance of of the United States. In addition, the must occur at speeds greater than six equipment and remediation of oil spills discharge of submarine bilgewater must knots if the vessel is underway, and or overflows into the bilge using oil- not contain dispersants, detergents, must be minimized in federally- absorbent or other spill clean-up emulsifiers, chemicals, or other protected waters. materials. substances added for the purpose of For surface vessels not equipped with removing the appearance of a visible an oil-water separator, the performance K. Underwater Ship Husbandry sheen. The performance standard does standards require that bilgewater must For vessels greater than 79 feet in not, however, prohibit the use of these not be discharged if the vessel has the length, the performance standards materials in machinery spaces for the capability to collect, hold, and transfer require that to the greatest extent purposes of cleaning and maintenance to an onshore facility. practicable, vessel hulls with

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43472 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

antifouling hull coatings must not be antifouling hull coatings and transport V. Changes and Improvements Since cleaned within 90 days after the of fouling organisms. As with larger the Proposed Rule antifouling coating application and vessels, rigorous vessel hull cleanings A. Public Comment vessel hulls with a copper-based must take place, to the greatest extent antifouling coating must not be cleaned practicable, in drydock or at a land- On October 7, 2016, the EPA and DoD within 365 days after the antifouling based facility where the removed proposed discharge performance coating application. fouling organisms or spent antifouling standards for the 11 discharges, with a In addition, vessel hulls must be hull coatings can be disposed of onshore 60-day public comment period that inspected, maintained, and cleaned to in accordance with any applicable solid closed on December 6, 2016. The EPA minimize the removal and discharge of waste or hazardous substance and DoD consider the public comment antifouling hull coatings and transport period important to creating a rule that management and disposal requirements. of fouling organisms. To the greatest is readily understandable and useful to The performance standards also require extent practicable, rigorous vessel hull the public. The EPA and DoD received that vessel hull and niche cleanings be cleanings must take place in drydock or one comment on the proposed rule conducted in a manner that minimizes at a land-based facility where the during the comment period, which removed fouling organisms or spent the release of antifouling hull coatings expressed support for finalizing the antifouling hull coatings can be and fouling organisms (e.g., use less rule. The public comment received can disposed of onshore in accordance with abrasive techniques and soft brushes to be viewed under Docket No. EPA–HQ– any applicable solid waste or hazardous the greatest extent practicable) OW–2013–0351. substance management and disposal including the use of capture technology requirements. Vessel hull and niche as available. Shore-side or in-water B. Modifications to Proposed Standards cleanings that occur when the vessel is cleaning systems that capture some or The final rule includes minor in drydock are not subject to UNDS all of the removed materials can reduce modifications to the text of the proposed because the vessel is not waterborne the release of fouling organisms and definitions and standards to make the and, therefore, any materials removed paint particles into the surrounding final language clearer and more concise. during a dry dock cleaning would not be environment and allow for collection These changes to the definitions and subject to UNDS. Vessel hull and niche and onshore disposal of solids scrubbed standards are intended to be non- cleanings that occur when the vessel is from vessel hulls and niches. substantive and to clarify, simplify, or waterborne are considered to be in- Regardless, the discharge of solid, semi- improve understanding and readability water cleanings. For in-water cleanings, solid, or liquid matter associated with of the definitions and discharge the performance standards require that underwater ship husbandry into waters performance standards. There are no cleanings be conducted in a manner that subject to UNDS from the operation of technical changes to the standards. minimizes the release of antifouling hull a shore-side or in-water cleaning system coatings and fouling organisms (e.g., use VI. Related Acts of Congress and represents a discharge incidental to the Executive Orders less abrasive techniques and soft normal operation of a vessel of the brushes to the greatest extent Armed Forces as defined in 40 CFR Additional information about these practicable) including the use of shore- statutes and Executive Orders can be 1700.4 because such system is used to side or in-water capture technology as found at https://www.epa.gov/laws- maintain and clean hulls and niches, available. Shore-side or in-water regulations/laws-and-executive-orders. while the vessel is waterborne. Vessel cleaning systems that capture some or A. Executive Order 12866: Regulatory all of the removed materials can reduce hull cleanings must also adhere to any Planning and Review, and Executive the release of fouling organisms and applicable cleaning requirements found paint particles into the surrounding on the coatings’ FIFRA label and vessels Order 13563: Improving Regulation and environment and allow for collection less than 79 feet in length require Regulatory Review and onshore disposal of solids scrubbed inspection of the hull prior to transport This action is not a deemed a from vessel hulls and niches. overland to a different body of water to significant regulatory action by the Regardless, the discharge of solid, semi- control invasive species. Office of Management and Budget solid, or liquid matter associated with IV. Additional Information in the Final (OMB) and was therefore not submitted underwater ship husbandry into waters Rule to the OMB for review. subject to UNDS from the operation of B. Executive Order 13771: Reducing a shore-side or in-water cleaning system This section provides an overview of Regulation and Controlling Regulatory represents a discharge incidental to the the additional amendments for 40 CFR Costs normal operation of a vessel of the part 1700. These changes include the Armed Forces as defined in 40 CFR reservation of sections for the remaining This action is not an Executive Order 1700.4 because such system is used to discharge standards. 13771 regulatory action because this maintain and clean hulls and niches, action is not significant under Executive while the vessel is waterborne. Vessel 1. Reservation of Sections Order 12866. hull cleanings must also adhere to any C. Paperwork Reduction Act applicable cleaning requirements found As noted previously, the EPA and on the coatings’ FIFRA label. DoD are promulgating the final Phase II This action does not impose any new For vessels less than 79 feet in length, standards in three batches. For the information collection burden because the performance standards require that, purpose of proposing the remaining UNDS Phase II does not create any to the greatest extent practicable, vessel batch, the rule reserves the following additional collection of information hulls with antifouling hull coatings sections for a subsequent batch: beyond that information collection must not be cleaned within 90 days after Section 1700.17 Clean Ballast already specified under the Phase I of the antifouling coating application. In UNDS. OMB has previously approved addition, vessel hulls must be Section 1700.18 Compensated Fuel the information collection requirements inspected, maintained, and cleaned to Ballast contained in the existing regulations (40 minimize the removal and discharge of Section 1700.21 Dirty Ballast CFR part 1700) under the provisions of

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43473

the Paperwork Reduction Act, 44 U.S.C. governments to have meaningful and timely input during the development of 3501 et seq. and has assigned OMB timely input into the development of the proposed discharge standards. The control number 2040–0187. The OMB the rulemaking process. Twenty-two EPA and DoD informed the tribal control numbers for the EPA’s states accepted the offer to be briefed on representatives that the NPDES VGPs regulations in 40 CFR are listed in 40 UNDS and discuss state concerns. The effluent limitations would be used as a CFR part 9. EPA and DoD provided clarification on baseline for developing the discharge the technical aspects of the UNDS D. Regulatory Flexibility Act performance standards for the 25 process, including preliminary discharges identified in Phase I as We certify that this action will not discharge determinations and analytical requiring control. During the tribal have a significant economic impact on information supporting decisions to consultation period, the EPA and DoD a substantial number of small entities control or not control discharges. State did not receive any substantive under the Regulatory Flexibility Act. representatives were provided with comments from the Indian Tribal This action will not impose any discharge summaries containing the Governments. requirements on small entities. description, analysis, and preliminary H. Executive Order 13045: Protection of E. Unfunded Mandates Reform Act determination of each of the 39 discharges from vessels of the Armed Children From Environmental Health This action does not contain any Forces, 25 of which were determined to and Safety Risks unfunded mandate as described in the require control. This action is not subject to Executive Unfunded Mandates Reform Act, 2 During Phase II of UNDS, the EPA and Order 13045 because it is not U.S.C. 1531–1538, and does not DoD consulted with intergovernmental economically significant as defined in significantly or uniquely affect small associations in the process of Executive Order 12866, and because the governments. developing the proposed regulation. On EPA and DoD determined that the F. Executive Order 13132: Federalism March 9, 2016, the EPA held a environmental health or safety risks Federalism consultation in Washington, addressed by this action do not present Executive Order 13132, titled DC, and invited representatives from 10 a disproportionate risk to children. The ‘‘Federalism’’ (64 FR 43255, August 10, key national organizations that 11 discharge standards are designed to 1999), requires federal agencies to represent state and local government control discharges incidental to the develop an accountable process to associations, as well as groups normal operation of a vessel of the ensure ‘‘meaningful and timely input by representing intergovernmental water Armed Forces that could adversely state and local officials in the professionals, in order to obtain affect human health and the development of regulatory policies that meaningful and timely input in the environment. The standards reduce the have federalism implications.’’ ‘‘Policies development of the proposed discharge adverse impacts to the receiving waters that have federalism implications’’ is standards. The EPA and DoD informed and any person using the receiving defined in the Executive Order to the state representatives that the two waters, regardless of age. include regulations that have agencies planned to use the NPDES ‘‘substantial direct effects on the states, VGPs effluent limitations as a baseline I. Executive Order 13211: Actions That on the relationship between the national for developing the proposed discharge Concern Regulations That Significantly government and the states, or on the performance standards for the 25 Affect Energy Supply, Distribution, and distribution of power and discharges identified in Phase I as Use responsibilities among the various requiring control. During the Federalism This action is not subject to Executive levels of government.’’ Under Executive consultation period, the EPA and DoD Order 13211, because it is not a Order 13132, federal agencies may not did not receive any substantive significant regulatory action under issue a regulation that has federalism comments from state and local Executive Order 12866. implications and that preempts state government entities. law, unless the agency consults with As required by Section 8(a) of J. National Technology Transfer and state and local officials or their Executive Order 13132, EPA included a Advancement Act representative national organizations certification from its Federalism Official This action involves technical during the development of regulatory stating that EPA had met the Executive standards in some but not all of the policies, including the proposed Order’s requirements in a meaningful performance standards. Some of the regulation. and timely manner. A copy of this performance standards use ISO Method The EPA and DoD conclude that the certification is included in the official 9377—determination of hydrocarbon oil rule, once operationalized in Phase III, record for this final action. index. ISO Method 9377 is a voluntary will have federalism implications. consensus standard developed by an When DoD promulgates the Phase III G. Executive Order 13175: Consultation and Coordination With Indian Tribal independent, non-governmental regulations, adoption and enforcement international organization. of new or existing state or local Governments regulations for the discharge or the This action does not have tribal K. Coastal Zone Management Act design, construction, installation or use implications as specified in Executive The Coastal Zone Management Act of any MPCD required to control Order 13175. This action will not (CZMA) requires that each federal discharges from a vessel of the Armed impact vessels operated by tribes agency activity within or outside the Forces will be preempted. Accordingly, because the final rule only regulates coastal zone that affects any land or the EPA and DoD provide the following discharges from vessels of the Armed water use or natural resource of the federalism summary impact statement Forces. However, tribes may be coastal zone shall be carried out in a (FSIS) as required by Section 6(c) of interested in this action because vessels manner which is consistent to the Executive Order 13132. of the Armed Forces, including U.S. maximum extent practicable with the During Phase I of UNDS, the EPA and Coast Guard vessels, may operate on or enforceable policies of approved state DoD conducted two rounds of near tribal waters. The EPA hosted a management programs. consultation meetings (i.e., outreach National Teleconference on March 23, Pursuant to Section 307 of the CZMA, briefings) to allow states and local 2016, in order to obtain meaningful and the EPA and DoD have determined that

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43474 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

the performance standards are methodological approach for availability of appropriations, use consistent to the maximum extent development of the performance relevant programs and authorities to, practicable with the enforceable policies standards; information exchanges and among other things, prevent, detect, of federally-approved Coastal requests on current species lists, control, and monitor the introduction of Management Plans for the state and rulemaking schedule, and approach to invasive species. As defined by this territorial coastal zones, that encompass the biological evaluation; and ultimately Executive Order, ‘‘invasive species’’ waters where discharges from vessels of the submission of a Biological means an alien species whose the Armed Forces would be regulated by Evaluation to the Services on November introduction causes, or is likely to UNDS. Following proposal of the UNDS 16, 2018. The Biological Evaluation cause, economic or environmental harm Phase II Batch Two performance described the anticipated effects of the or harm to human health. standards on October 7, 2016, the EPA Uniform National Discharge Standards As part of the environmental effects and DoD provided 35 states and Batch Two (this final rule) on aquatic analyses developed for each of the 11 territories with the EPA and DoD’s and water-dependent species listed as performance standards promulgated in November 2018 ‘‘National Consistency threatened or endangered under the today’s rule, the EPA and DoD Determination: Uniform National ESA and their designated critical considered the control of invasive Discharge Standards Program for Phase habitat. The Biological Evaluation species when developing the discharge II Batch Two Discharges.’’ In response, concluded that the issuance of the final performance standard (see Section II). 16 states and territories provided rule establishing performance standards Some of the performance standards concurrence, 17 states and territories for the UNDS Batch Two Rule once provided opportunities for prevention, did not respond, so concurrence was implemented, ‘‘may affect’’ but is ‘‘not detection, control, and monitoring of the conclusively presumed, and both likely to adversely affect’’ species listed introduction of invasive species. For Connecticut and North Carolina or proposed for listing under the ESA, example, the underwater ship provided conditional concurrence. nor adversely modify designated critical husbandry discharge performance Connecticut and North Carolina habitat or critical habitat proposed for standard requires the inspection of all requested that the UNDS Phase II rules designation. vessels under 79 feet in length for the incorporate certain requirements on On March 26, 2019, the FWS detection and removal of invasive discharges into waters under their concurred in that determination for species prior to transport overland from respective jurisdictions. The DoD species and habitat within that agency’s one body of water to another. This responded in writing to Connecticut and ESA jurisdiction. On December 3, 2018, requirement as well as others help to North Carolina, explaining that applying the NMFS initiated formal consultation prevent or control the introduction of different requirements in each coastal due to the scope and nature of the invasive species into the receiving water body would conflict with the discharges regulated under UNDS Batch waters. Two Rule. On November 15, 2019, the statutory requirements set forth in CWA N. Executive Order 13089: Coral Reef NMFS issued a Biological Opinion Section 312(n), to include the statutory Protection prohibition on the adoption or determining that the action ‘‘may affect’’ enforcement of any state laws with and is ‘‘likely to adversely affect,’’ but Executive Order 13089, titled ‘‘Coral respect to regulated discharges. is not likely to jeopardize the continued Reef Protection’’ (63 FR 32701, June 16, existence of, species that are listed or 1998), requires all federal agencies to L. Endangered Species Act proposed for listing. The Biological identify actions that may affect U.S. Section 7(a)(2) of the Endangered Opinion concluded that hull coating coral reef ecosystems; utilize their Species Act (ESA) requires each federal leachate and underwater ship programs and authorities to protect the agency, in consultation with and with husbandry discharges may result in conditions of such ecosystems; and, to the assistance of the U.S. Fish and non-lethal incidental take of 21 listed the extent permitted by law, ensure that Wildlife Service (FWS) and the National species that occur in ports and harbors any actions they authorize, fund, or Marine Fisheries Service (NMFS), with high populations of vessels of the carry out will not degrade the collectively ‘‘the Services,’’ to ensure Armed Forces. The Biological Opinion conditions of such ecosystems. The that the actions they authorize, fund, or also concluded that hull coating discharge performance standards in this carry out are not likely to adversely leachate and underwater ship UNDS Batch II rulemaking are designed affect the continued existence of any husbandry discharges are not likely to to control or eliminate the discharges endangered or threatened species destroy or adversely modify designated incidental to the normal operation of (referred to as ‘‘listed species’’) or result critical habitat for listed species. The vessels of the Armed Forces, ultimately in the destruction or adverse incidental take statement in the minimizing the potential for causing modification of their designated critical Biological Opinion provides non- adverse impacts to the marine habitats. discretionary reasonable and prudent environment including coral reefs. The Services published regulations measures to minimize the amount and O. Executive Order 12898: Federal implementing ESA Section 7 at 50 CFR extent of incidental take from these two Actions To Address Environmental part 402. The regulations provide that a discharges by maintaining or reducing Justice in Minority Populations and federal agency (such as the EPA or DoD) the area of impact. It also provides terms Low-Income Populations must consult with FWS, NMFS, or both and conditions to implement the if the agency determines that an activity reasonable and prudent measures. Executive Order 12898, titled authorized, funded, or carried out by the ‘‘Federal Actions to Address agency may affect listed species or M. Executive Order 13112: Invasive Environmental Justice in Minority critical habitat. The EPA and DoD began Species Populations and Low-Income informal communications with the Executive Order 13112, titled Populations’’ (59 FR 7629, February 16, Services in July 2017. The informal ‘‘Invasive Species’’ (64 FR 6183, 1994) requires all federal agencies to consultation process included multiple February 8, 1999), requires each federal identify actions that may have a steps: Briefings with the Services on the agency whose actions may affect the disproportionate negative impact on the content of the rulemaking; discussions status of invasive species, to identify human health or the environment for of the proposed outline and such actions, and, subject to the minority populations, low-income

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43475

populations and/or indigenous peoples. Minimally-toxic soaps, cleaners, and (as defined in 40 CFR 136.3) or other The EPA and DoD determined that this detergents means any substance or appropriate method for determination of action does not have disproportionately mixture of substances which has an oil content as accepted by the high and adverse human health or acute aquatic toxicity value (LC50) International Maritime Organization environmental effects. The discharge corresponding to a concentration greater (IMO) (e.g., ISO Method 9377) or U.S. performance standards only apply to than 10 parts per million (ppm) and Coast Guard; or vessels of the Armed Forces and reduce does not produce byproducts with an (4) Otherwise are harmful to the adverse impacts to the aquatic acute aquatic toxicity value (LC50) public health or welfare of the United environment. corresponding to a concentration less States. than 10 ppm. Minimally-toxic soaps, P. Congressional Review Act ■ 5. Add § 1700.20 to read as follows: cleaners, and detergents typically This action is subject to the contain little to no nonylphenols. § 1700.20 Deck runoff. Congressional Review Act, and the EPA * * * * * (a) Flight deck washdowns are will submit a rule report to each House Phosphate-free soaps, cleaners, and prohibited. of Congress and to Comptroller General detergents means any substance or (b) Minimize deck washdowns while of the United States. This action is not mixture of substances which contain, by in port and in federally-protected a ‘‘major rule’’ as defined by 5 U.S.C. weight, 0.5% or less of phosphates or waters. 804(2). derivatives of phosphates. (c) Prior to performing a deck List of Subjects in 40 CFR Part 1700 * * * * * washdown, exposed decks must be State means a state, the District of broom cleaned and on-deck debris, Environmental protection, Armed Columbia, the Commonwealth of Puerto garbage, paint chips, residues, and spills Forces, vessels, coastal zone, reporting Rico, the Virgin Islands, Guam, must be removed, collected, and and recordkeeping requirements, water American Samoa, the Commonwealth of disposed of onshore in accordance with pollution control. the Northern Mariana Islands, and the any applicable solid waste or hazardous Andrew Wheeler, Trust Territory of the Pacific Islands. substance management and disposal Administrator, Environmental Protection * * * * * requirements. Agency. (d) If a deck washdown or above Subpart D—Marine Pollution Control water line hull cleaning will result in a Charles A. Williams, Device (MPCD) Performance Standards discharge, it must be conducted with Assistant Secretary of the Navy (Energy, minimally-toxic and phosphate-free Installations, and Environment) ■ 3. Add § 1700.15 to read as follows: soaps, cleaners, and detergents. The use of soaps that are labeled toxic is For the reasons stated in the § 1700.15 Catapult water brake tank & preamble, amend title 40, chapter VII, of post-launch retraction exhaust. prohibited. Furthermore, soaps, cleaners, and detergents should not be the Code of Federal Regulations as (a) Discharges of catapult water brake caustic and must be biodegradable. All follows: tank effluent are prohibited. soaps and cleaners must be used as (b) The number of post-launch directed by the label. PART 1700—UNIFORM NATIONAL retractions must be limited to the (e) Where feasible, machinery on deck DISCHARGE STANDARDS FOR minimum number required to test and must have coamings or drip pans, where VESSELS OF THE ARMED FORCES validate the system and conduct necessary, to prevent spills and collect qualification and operational training. ■ 1. The authority citation for 40 CFR any oily discharge that may leak from ■ part 1700 continues to read as follows: 4. Add § 1700.19 to read as follows: machinery. The drip pans must be Authority: 33 U.S.C. 1322, 1361. § 1700.19 Controllable pitch propeller drained to a waste container for disposal hydraulic fluid. onshore in accordance with any Subpart A—Scope (a) The protective seals on applicable oil and hazardous substance controllable pitch propellers must be management and disposal requirements. ■ 2. Section 1700.3 is amended by maintained to minimize the leaking of The presence of floating solids, visible adding in alphabetical order definitions hydraulic fluid. foam, halogenated phenol compounds, of ‘‘Great Lakes,’’ ‘‘Minimally-toxic (b) To the greatest extent practicable, dispersants, and surfactants in deck soaps, cleaners, and detergents,’’ maintenance activities on controllable washdowns must be minimized. ‘‘Phosphate-free soaps, cleaners, and pitch propellers must be conducted (f) Topside surfaces and other above detergents,’’ and ‘‘State’’ to read as when a vessel is in drydock. If water line portions of the vessel must be follows: maintenance and repair activities must well maintained to minimize the discharge of rust (and other corrosion § 1700.3 Definitions. occur when the vessel is not in drydock, appropriate spill response equipment by-products), cleaning compounds, * * * * * (e.g., oil booms) must be used to contain paint chips, non-skid material Great Lakes means waters of the and clean any oil leakage. fragments, and other materials United States extending to the (c) The discharge of controllable pitch associated with exterior topside surface international maritime boundary with propeller hydraulic fluid must not preservation. Residual paint droplets Canada in Lake Ontario, Lake Erie, Lake contain oil in quantities that: entering the water must be minimized Huron (including Lake St. Clair), Lake (1) Cause a film or sheen upon or when conducting maintenance painting. Michigan, and Lake Superior, and the discoloration of the surface of the water The discharge of unused paint is connecting channels (Saint Marys River, or adjoining shorelines; or prohibited. Paint chips and unused Saint Clair River, Detroit River, Niagara (2) Cause a sludge or emulsion to be paint residues must be collected and River, and Saint Lawrence River to the deposited beneath the surface of the disposed of onshore in accordance with international maritime boundary with water or upon adjoining shorelines; or any applicable solid waste and Canada). (3) Contain an oil content above 15 hazardous substance management and * * * * * ppm as measured by EPA Method 1664a disposal requirements.

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43476 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

(g) When vessels conduct underway (c) Large quantities of cooking oils as a chemical catalyst and not present fuel replenishment, scuppers must be (e.g., from a deep fat fryer), including above 2,500 milligrams total tin per plugged to prevent the discharge of oil. animal fats and vegetable oils, must not kilogram of dry paint film. In addition, Any oil spilled must be cleaned, be added to the graywater system. Small any antifouling hull coatings containing managed, and disposed of onshore in quantities of cooking oils (e.g., from pot organotin must be designed to not accordance with any applicable oil and and dish rinsing) must be minimized if slough or peel from the vessel hull. hazardous substance management and added to the graywater system within (e) Antifouling hull coatings that disposal requirements. three miles of shore. contain TBT or other organotin ■ 6. Add § 1700.24 to read as follows: (d) Minimally-toxic soaps, cleaners, compounds that are used as a biocide and detergents and phosphate-free must be removed or an overcoat must be § 1700.24 Firemain systems. soaps, cleaners, and detergents must be applied. (a) Firemain systems may be used in the galley, scullery, and (f) Incidental amounts of antifouling discharged for testing and inspections of laundry. These soaps, cleaners, and hull coating discharged after contact the firemain system. To the greatest detergents should also be free from with other hard surfaces (e.g., moorings) extent practicable, conduct maintenance bioaccumulative compounds and not are permissible. and training outside of port and as far lead to extreme shifts in the receiving (g) To the greatest extent practicable, away from shore as possible. Firemain water pH. For purposes of this use non-copper based and less toxic systems may be discharged in port for subparagraph, extreme shifts means antifouling hull coatings. To the greatest certification, maintenance, and training causing the receiving water pH to fall extent practicable, use antifouling hull requirements if the intake comes below 6.0 or rise above 9.0 as a direct coatings with the lowest effective directly from the surrounding waters or result of the discharge. biocide release rates, rapidly potable water supplies and there are no (e) The discharge of graywater must biodegradable components (once additions (e.g., aqueous film-forming not contain oil in quantities that: separated from the hull surface), or use foam) to the discharge. (1) Cause a film or sheen upon or non-biocidal alternatives, such as (b) Firemain systems must not be discoloration of the surface of the water silicone coatings. discharged in federally-protected waters or adjoining shorelines; or (h) To the greatest extent practicable, except when needed to washdown the (2) Cause a sludge or emulsion to be avoid use of antifouling hull coatings on anchor chain to comply with anchor deposited beneath the surface of the vessels that are regularly removed from washdown requirements in Subpart water or upon adjoining shorelines; or the water and unlikely to accumulate 1700.16. (3) Contain an oil content above 15 hull growth. ppm as measured by EPA Method 1664a (c) Firemain systems may be used for ■ 9. Add § 1700.28 to read as follows: (as defined at 40 CFR 136.3) or other secondary uses if the intake comes appropriate method for determination of § 1700.28 Motor gasoline and directly from the surrounding waters or oil content as accepted by the compensating discharge. potable water supplies. International Maritime Organization (a) The discharge of motor gasoline ■ 7. Add § 1700.26 to read as follows: (IMO) (e.g., ISO Method 9377) or U.S. and compensating effluent must not § 1700.26 Graywater. Coast Guard; or contain oil in quantities that: (4) Otherwise are harmful to the (1) Cause a film or sheen upon or (a) For discharges from vessels that public health or welfare of the United discoloration of the surface of the water have the capacity to hold graywater: States. or adjoining shorelines; or (1) Graywater must not be discharged ■ 8. Add § 1700.27 to read as follows: (2) Cause a sludge or emulsion to be in federally-protected waters or the deposited beneath the surface of the Great Lakes. § 1700.27 Hull coating leachate. water or upon adjoining shorelines; or (2) Graywater must not be discharged (a) Antifouling hull coatings subject to (3) Contain an oil content above 15 within one mile of shore if an onshore registration under the Federal ppm as measured by EPA Method 1664a facility is available and disposal at such Insecticide, Fungicide, and Rodenticide (as defined at 40 CFR136.3) or other a facility is reasonable and practicable. Act (FIFRA) (7 U.S.C 136 et seq.) must appropriate method for determination of (3) Production and discharge of be applied, maintained, and removed in oil content as accepted by the graywater must be minimized within a manner consistent with requirements International Maritime Organization one mile of shore when an onshore on the coatings’ FIFRA label. (IMO) (e.g., ISO Method 9377) or U.S. facility is either not available or use of (b) Antifouling hull coatings not Coast Guard; or such a facility is not reasonable and subject to FIFRA registration (i.e., (4) Otherwise are harmful to the practicable. exempt or not produced for sale and public health or welfare of the United (b) For discharges from vessels that do distribution in the United States) must States. not have the capacity to hold graywater: not contain any biocides or toxic (b) The discharge of motor gasoline (1) Production and discharge of materials banned for use in the United and compensating effluent must be graywater must be minimized in States. This performance standard minimized in port. If an oily sheen is federally-protected waters or the Great applies to all vessels, including vessels observed, any spill or overflow of oil Lakes. with a hull coating applied outside the must be cleaned up, recorded, and (2) Graywater must not be discharged United States. reported to the National Response within one mile of shore if an onshore (c) Antifouling hull coatings must not Center immediately. facility is available and disposal at such contain tributyltin (TBT). (c) The discharge of motor gasoline a facility is reasonable and practicable. (d) Antifouling hull coatings must not and compensating effluent is prohibited (3) Production and discharge of contain any organotin compounds when in federally-protected waters. graywater must be minimized within the organotin is used as a biocide. ■ 10. Add § 1700.34 to read as follows: one mile of shore when an onshore Antifouling hull coatings may contain facility is either not available or use of small quantities of organotin § 1700.34 Sonar dome discharge. such a facility is not reasonable and compounds other than tributyltin (e.g., (a) The water inside the sonar dome practicable. dibutyltin) when the organotin is acting must not be discharged for maintenance

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43477

activities unless the use of a drydock for (e) Must be minimized and, if otherwise combined with, the water in the maintenance activity is not feasible. technologically feasible, discharged as the bilge. (b) The water inside the sonar dome far from shore as possible. (4) Must not occur in port if the vessel may be discharged for equalization of (f) Must be minimized in federally- has the capability to collect and transfer pressure between the interior and protected waters. oil-water separator effluent to an exterior of the dome. ■ 12. Add § 1700.36 to read as follows: onshore facility. (c) A biofouling chemical that is (5) Must be minimized within one § 1700.36 Surface vessel bilgewater/oil- mile of shore. bioaccumulative should not be applied water separator effluent. to the exterior of a sonar dome when a (6) Must occur while sailing at speeds (a) All surface vessels must employ non-bioaccumulative alternative is greater than six knots, if the vessel is management practices that will available. underway. minimize leakage of oil and other (7) Must be minimized in federally- ■ 11. Add § 1700.35 to read as follows: harmful pollutants into the bilge. protected waters. § 1700.35 Submarine bilgewater. (b) Surface vessels equipped with an (d) The discharge of bilgewater (i.e., oil-water separator must not discharge wastewater from the bilge that has not The discharge of submarine bilgewater and must only discharge oil- been processed through an oil-water bilgewater: water separator effluent through an oil- separator): (a) Must not contain oil in quantities content monitor consistent with (1) Must not occur if the vessel has that: paragraph (c) of this section. All surface the capability to collect, hold, and (1) Cause a film or sheen upon or vessels greater than 400 gross tons must transfer bilgewater to an onshore discoloration of the surface of the water be equipped with an oil-water separator. facility. or adjoining shorelines; or Surface vessels not equipped with an (2) Notwithstanding the prohibition of (2) Cause a sludge or emulsion to be oil-water separator must only discharge the discharge of bilgewater from vessels deposited beneath the surface of the bilgewater consistent with paragraph (d) that have the capability to collect, hold, water or upon adjoining shorelines; or of this section. and transfer bilgewater to an onshore (3) Contain an oil content above 15 (c) The discharge of oil-water facility; the discharge of bilgewater: parts per million (ppm) as measured by separator effluent: (i) Must not contain dispersants, EPA Method 1664a (as defined at 40 (1) Must not contain oil in quantities detergents, emulsifiers, chemicals, or CFR 136.3) or other appropriate method that: other substances added for the purposes for determination of oil content as (i) Cause a film or sheen upon or of removing the appearance of a visible accepted by the International Maritime discoloration of the surface of the water sheen. This performance standard does Organization (IMO) (e.g., ISO Method or adjoining shorelines; or not prohibit the use of these materials 9377) or U.S. Coast Guard; or (ii) Cause a sludge or emulsion to be in machinery spaces for the purposes of deposited beneath the surface of the (4) Otherwise are harmful to the cleaning and maintenance activities water or upon adjoining shorelines; or public health or welfare of the United associated with vessel equipment and (iii) Contain an oil content above 15 States. structures. ppm as measured by EPA Method 1664a (ii) Must only contain substances that (b) Must not contain dispersants, (as defined at 40 CFR 136.3) or other are produced in the normal operation of detergents, emulsifiers, chemicals, or appropriate method for determination of a vessel. Routine cleaning and other substances added for the purposes oil content as accepted by the maintenance activities associated with of removing the appearance of a visible International Maritime Organization vessel equipment and structures are sheen. This performance standard does (IMO) (e.g., ISO Method 9377) or U.S. considered to be normal operation of a not prohibit the use of these materials Coast Guard; or vessel. in machinery spaces for the purposes of (iv) Otherwise are harmful to the (iii) Must not contain oil in quantities cleaning and maintenance activities public health or welfare of the United that: associated with vessel equipment and States. (A) Cause a film or sheen upon or structures. (2) Must not contain dispersants, discoloration of the surface of the water (c) Must only contain substances that detergents, emulsifiers, chemicals, or or adjoining shorelines; or are produced in the normal operation of other substances added for the purposes (B) Cause a sludge or emulsion to be a vessel. Oil solidifiers, flocculants or of removing the appearance of a visible deposited beneath the surface of the other additives (excluding any sheen. This performance standard does water or upon adjoining shorelines; or dispersants or surfactants) may be used not prohibit the use of these materials (C) Contain an oil content above 15 to enhance oil-water separation during in machinery spaces for the purposes of ppm as measured by EPA Method 1664a processing in an oil-water separator cleaning and maintenance activities (as defined at 40CFR 136.3) or other only if such solidifiers, flocculants, or associated with vessel equipment and appropriate method for determination of other additives are minimized in the structures. oil content as accepted by the discharge and do not alter the chemical (3) Must only contain substances that International Maritime Organization makeup of the oils being discharged. are produced in the normal operation of (IMO) (e.g., ISO Method 9377) or U.S. Solidifiers, flocculants, or other a vessel. Oil solidifiers, flocculants or Coast Guard; or additives must not be directly added, or other additives (excluding any (D) Otherwise are harmful to the otherwise combined with, the water in dispersants or surfactants) may be used public health or welfare of the United the bilge. Additionally, the vessel must to enhance oil-water separation during States. employ management practices that will processing in an oil-water separator (iv) Must be suspended immediately minimize the leakage of oil and other only if such solidifiers, flocculants, or if a visible sheen is observed. Any spill harmful pollutants into the bilge. other additives are minimized in the or overflow of oil or other engine fluids (d) Must not occur in port if the port discharge and do not alter the chemical must be cleaned up, recorded, and has the capability to collect and transfer make-up of the oils being discharged. reported to the National Response the submarine bilgewater to an onshore Solidifiers, flocculants, or other Center immediately. facility. additives must not be directly added, or ■ 13. Add § 1700.37 to read as follows:

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43478 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

§ 1700.37 Underwater ship husbandry. practicable, rigorous vessel hull grounds, deny the two petitions for (a) For discharges from vessels that cleanings must take place in drydock or reconsideration of the Next Gen TV are less than 79 feet in length: at a land-based facility where the Report and Order. (1) To the greatest extent practicable, removed fouling organisms or spent DATES: Effective August 17, 2020. vessel hulls with an antifouling hull antifouling coatings can be disposed of FOR FURTHER INFORMATION CONTACT: For coating must not be cleaned within 90 onshore in accordance with any additional information, contact Evan days after the antifouling coating applicable solid waste or hazardous Baranoff, [email protected], of the application. substance management and disposal Media Bureau, Policy Division, (202) (2) Vessel hulls must be inspected, requirements. 418–7142. Direct press inquiries to maintained, and cleaned to minimize (3) Vessel hull cleanings must be Janice Wise at (202) 418–8165. the removal and discharge of antifouling conducted in a manner that minimizes SUPPLEMENTARY INFORMATION: This is a coatings and the transport of fouling the release of antifouling hull coatings summary of the Commission’s Second organisms. To the greatest extent and fouling organisms, including: Report and Order and Order on practicable, rigorous vessel hull (i) Adhere to any applicable cleaning Reconsideration, FCC 20–72, adopted cleanings must take place in drydock or requirements found on the coatings’ on June 3, 2020 and released on June 16, at a land-based facility where the FIFRA label. 2020. The full text of this document is (ii) Use soft brushes or less abrasive removed fouling organisms or spent available electronically via the FCC’s cleaning techniques to the greatest antifouling coatings can be disposed of Electronic Document Management extent practicable. onshore in accordance with any System (EDOCS) website at https:// (iii) Use hard brushes only for the applicable solid waste or hazardous www.fcc.gov/edocs or via the FCC’s removal of hard growth. substance management and disposal Electronic Comment Filing System requirements. (iv) Use a vacuum or other collection/ control technology, when available and (ECFS) website at https://www.fcc.gov/ (3) Prior to the transport of the vessel ecfs. (Documents will be available overland from one body of water to feasible. Residues filtered, precipitated, or otherwise removed by any vacuum electronically in ASCII, Microsoft Word, another, vessel hulls must be inspected and/or Adobe Acrobat.) This document for any visible attached living technology must be disposed of onshore in accordance with any applicable solid is also available for public inspection organisms. If fouling organisms are and copying during regular business waste and hazardous substance found, they must be removed and hours in the FCC Reference Information management and disposal requirements. disposed of onshore in accordance with Center, which is located in Room CY– any applicable solid waste and [FR Doc. 2020–12571 Filed 7–16–20; 8:45 am] A257 at FCC Headquarters, 445 12th hazardous substance management and BILLING CODE 6560–50–P Street SW, Washington, DC 20554. The disposal requirements. Reference Information Center is open to (4) Vessel hull cleanings must be the public Monday through Thursday conducted in a manner that minimizes FEDERAL COMMUNICATIONS from 8:00 a.m. to 4:30 p.m. and Friday the release of antifouling hull coatings COMMISSION from 8:00 a.m. to 11:30 a.m. The and fouling organisms, including: complete text may be purchased from (i) Adhere to any applicable cleaning 47 CFR Parts 73 and 74 the Commission’s copy contractor, 445 requirements found on the coatings’ [GN Docket No. 16–142; FCC 20–72; FRS 12th Street, SW, Room CY–B402, FIFRA label. Washington, DC 20554. Alternative (ii) Use soft brushes or less abrasive 16880] formats are available for people with cleaning techniques to the greatest Authorizing Permissive Use of the disabilities (Braille, large print, extent practicable. ‘‘Next Generation’’ Broadcast electronic files, audio format), by (iii) Use hard brushes only for the Television Standard sending an email to [email protected] or removal of hard growth. calling the Commission’s Consumer and (iv) Use a vacuum or other collection/ AGENCY: Federal Communications control technology, when available and Commission. Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 feasible. Residues filtered, precipitated, ACTION: Final rule. or otherwise removed by any vacuum (TTY). technology must be disposed of onshore SUMMARY: In this document, the Synopsis in accordance with any applicable solid Commission resolves the pending issues I. Introduction waste and hazardous substance in this proceeding that authorized management and disposal requirements. broadcasters to use ATSC 3.0, the ‘‘Next 1. In this Second Report and Order (b) For discharges from vessels that Generation’’ broadcast television (Next and Order on Reconsideration, we are greater than or equal to 79 feet in Gen TV) transmission standard. First, resolve the pending issues in this length: the FCC addresses the three issues proceeding that authorized broadcasters (1) To the greatest extent practicable, raised in the Further Notice of Proposed to use the ‘‘Next Generation’’ broadcast vessel hulls with an antifouling hull Rulemaking that was issued in television (Next Gen TV) transmission coating must not be cleaned within 90 conjunction with the Next Gen TV standard. First, we address the three days after the antifouling coating Report and Order. Specifically, we issues raised in the Further Notice of application. To the greatest extent provide additional guidance to Proposed Rulemaking that was issued in practicable, vessel hulls with copper- broadcasters deploying Next Gen TV conjunction with the Next Gen TV based antifouling coatings must not be that wish to receive a waiver of our local Report and Order. Specifically, we cleaned within 365 days after coating simulcasting rules, decline to permit at provide additional guidance to application. this time the use of vacant broadcast broadcasters deploying Next Gen TV (2) Vessel hulls must be inspected, channels for purposes of Next Gen TV that wish to receive a waiver of our local maintained, and cleaned to minimize deployment, and clarify the simulcasting rules, decline to permit at the removal and discharge of antifouling ‘‘significantly viewed’’ status of Next this time the use of vacant broadcast coatings and the transport of fouling Gen TV stations. Second, we dismiss channels for purposes of Next Gen TV organisms. To the greatest extent and, on alternative and independent deployment, and clarify the

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43479

‘‘significantly viewed’’ status of Next either: (1) Air an ATSC 3.0 channel at waiver of the ATSC 1.0 simulcast Gen TV stations. Second, we dismiss the temporary host’s facility, while requirement so it can air an ATSC 1.0 and, on alternative and independent using its original facility to continue to simulcast signal from a partner grounds, deny the two petitions for provide an ATSC 1.0 simulcast channel, simulcast host that does not cover all or reconsideration of the Next Gen TV or (2) air an ATSC 1.0 simulcast channel a portion of the station’s community of Report and Order. at the temporary host’s facility, while license or can provide only a lower converting its original facility to the signal threshold over the station’s II. Background ATSC 3.0 standard in order to provide community of license than that required 2. In the Next Gen TV Report and a 3.0 channel. by the rules. Thus, a station may seek Order, the Commission authorized 4. The Commission established a a waiver to either provide no 1.0 television broadcasters to use the Next process for considering applications to simulcast service to its community of Gen TV transmission standard, also deploy ATSC 3.0 service, which license or partial 1.0 simulcast service called ‘‘ATSC 3.0’’ or ‘‘3.0,’’ on a included, among other requirements, to its community of license. In both voluntary, market-driven basis. ATSC establishing coverage requirements for a situations, a waiver of the community of 3.0 is the TV transmission standard Next Gen TV station’s ATSC 1.0 license coverage requirement in 47 CFR developed by the Advanced Television simulcast signal. The Commission’s 73.3801(c) is required and the waiver Systems Committee as the world’s first ATSC 1.0 simulcast coverage standard set forth in the Next Gen TV internet Protocol (IP)-based broadcast requirement sought to minimize Report and Order applies. transmission platform. The Commission disruption to viewers resulting from the 6. In the Next Gen TV Further Notice, determined in the Next Gen TV Report voluntary deployment of ATSC 3.0 by the Commission sought comment on and Order that broadcasters deploying recognizing that if a station moves its three topics relating to local ATSC 3.0 generally must continue to ATSC 1.0 signal to a partner simulcast simulcasting rules. First, it sought deliver current-generation digital host station with a different transmitter further comment on issues related to television (DTV) service, using the location, some existing over-the-air waivers of, and exemptions from, the ATSC 1.0 transmission standard, also (OTA) viewers may no longer be able to local simulcasting requirement. called ‘‘ATSC 1.0’’ or ‘‘1.0,’’ to their receive the 1.0 signal. Among other Specifically, the Commission sought viewers through local simulcasting. obligations, the Commission required comment on whether further guidance Specifically, the Commission required the Next Gen TV station to select a should be provided about the full power and Class A television partner 1.0 simulcast host station that is circumstances in which it would grant stations (Class A TV) deploying ATSC assigned to its same designated market such a waiver, including how to define 3.0 service to simulcast the primary area (DMA) and from which it would whether a station has ‘‘no viable local video programming stream of their continue to provide ATSC 1.0 simulcast simulcasting partner’’ and whether a ATSC 3.0 channels in an ATSC 1.0 service to its entire community of station has taken ‘‘reasonable efforts to format. license. preserve service and/or minimize 3. In the Next Gen TV Report and 5. While the Commission’s rules impact on viewers.’’ Second, the Order, the Commission determined that require that full power and Class A TV Commission sought further comment on the local simulcasting requirement is stations that convert their existing whether to let full power broadcasters crucial to the deployment of Next Gen facility to ATSC 3.0 provide an ATSC use channels in the television broadcast TV service in order to minimize viewer 1.0 simulcast signal that covers a band that are vacant to facilitate the disruption. This is because the Next Gen station’s entire community of license, transition to ATSC 3.0. Third, the TV standard is not backward-compatible the Commission recognized that in Commission tentatively concluded that with existing TV sets or receivers, certain circumstances such an local simulcasting should not change which have only ATSC 1.0 and analog arrangement may not be viable. the ‘‘significantly viewed status’’ of a tuners. This means that consumers will Accordingly, the Commission Next Gen TV station for purposes of not be able to view ATSC 3.0 established a waiver standard for the determining MVPD carriage and sought transmissions on their existing ATSC 1.0 simulcast requirement in comment on that conclusion. televisions without additional order to facilitate the voluntary 7. The Commission received 19 equipment. Thus, it is critical that Next deployment of ATSC 3.0 service. comments and eight reply comments in Gen TV broadcasters continue to Specifically, the Commission stated that response to the Next Gen TV Further provide service using the current ATSC it would favor requests for waiver of the Notice. Broadcaster commenters again 1.0 standard to deliver DTV service obligation to provide ATSC 1.0 urged the Commission to continue to while the marketplace adopts devices simulcast service if the station can provide broadcasters with ‘‘flexibility’’ compatible with the new 3.0 demonstrate both that: (1) It has ‘‘no to facilitate their deployment of ATSC transmission standard in order to avoid viable local simulcasting partner’’ in its 3.0 service, such as through waivers of, either forcing viewers to acquire new market; and (2) it will ‘‘make reasonable and/or additional exemptions from, the equipment or depriving them of efforts to preserve 1.0 service to existing local simulcasting rules and by television service. Because a TV station viewers in its community of license permitting broadcasters to temporarily cannot, as a technical matter, and/or otherwise minimize the impact use vacant channels. Meanwhile, MVPD simultaneously broadcast in both 1.0 on such viewers (for example, by commenters urged the Commission to and 3.0 format from the same facility on providing free or low cost ATSC 3.0 exercise restraint in issuing waivers of, the same physical channel, local converters to viewers).’’ The or granting additional exemptions from, simulcasting will be effectuated through Commission stated that it would the local simulcasting rules. And public voluntary partnerships that broadcasters consider waiver requests from full interest groups, white space proponents, seeking to provide Next Gen TV service power and Class A TV stations to and NCTA opposed the use of vacant enter into with other broadcasters in transition directly from ATSC 1.0 to channels as temporary transition their local markets. A Next Gen TV ATSC 3.0 service on the station’s channels by broadcasters. broadcaster must partner with another existing facility without providing an 8. The Commission also received two television station (i.e., a temporary ATSC 1.0 simulcast service at all. petitions for reconsideration of the Next ‘‘host’’ station) in its local market to Alternatively, a station may request a Gen TV Report and Order: One filed by

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43480 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

the American Television Alliance such devices will be expected to inform waiver standard.2 On the other hand, we (ATVA) and the other filed by NCTA— viewers about the availability of such will presume that full power stations The internet & Television Association free or low-cost ATSC 3.0 converter with at least three potential simulcast (NCTA). NCTA and ATVA seek devices and how to request or obtain partners have viable simulcasting reconsideration of various aspects of the such equipment. In addition, we decline partners and, thus, are not eligible for a local simulcasting rules, as well as the to adopt a blanket exemption from the waiver of 47 CFR 73.3801(c), absent Commission’s decisions concerning local simulcasting requirement for compelling circumstances. voluntary carriage of ATSC 3.0 signals noncommercial educational (NCE) or 13. We adopt this criteria based on the through retransmission consent, patent Class A TV stations, preferring instead proposals of several commenters, licensing, and the sunset of the A/322 to rely on our waiver standard to afford including the National Association of standard. We received eight oppositions these stations with any additional Broadcasters (NAB) and the joint to these petitions and three replies to flexibility. Finally, we clarify that the comments of Public Broadcasting the oppositions. Bureau has delegated authority to Service (PBS), Corporation for Public Broadcasting (CPB), and America’s III. Second Report and Order consider requests for waivers of the local simulcasting requirement and, Public Television Stations (APTS), 9. In this Second Report and Order, consistent with the timing for reviewing collectively ‘‘PTV.’’ Adopting this we provide guidance on how non-expedited applications seeking presumption will provide stakeholders Commission staff will evaluate petitions authorization to deploy ATSC 3.0, the increased predictability regarding what for waiver of our local simulcasting Bureau generally will process stations may be eligible for a waiver. In rules. In addition, we decline at this applications with waiver requests adopting a threshold of fewer than three time to permit broadcasters to use within 60 business days after giving potential partners, we recognize that not vacant in-band channels for purposes of public notice of the waiver request. all stations will have an interest in voluntary ATSC 3.0 deployment. Waiver requests that comply with the serving as a 1.0 simulcast host, and we Finally, we adopt the Commission’s criteria as explained in this Order will avoid the need for a broadcast station to tentative conclusion that the be viewed favorably. demonstrate individually to the ‘‘significantly viewed’’ status of a Next Commission that no station is willing to Gen TV station will not change if it 11. We recognize that some stations, be its simulcast partner. We also find moves its ATSC 1.0 simulcast channel such as public television and other NCE that the threshold of fewer than three to a host facility. stations, Class A TV stations, and potential simulcasting partners will stations in small markets or in rural, provide transitioning stations with a A. Local Simulcasting Waivers and remote, and isolated areas, may face reasonable opportunity to find suitable Exemptions unique challenges in securing local simulcast partners.3 At the same time, 10. We affirm and clarify the local simulcasting partners. We seek to the threshold will generally limit waiver simulcasting waiver standard adopted provide such stations with greater relief to stations in rural, remote, and in the Next Gen TV Report and Order. flexibility to deploy ATSC 3.0 service, isolated areas—those stations that we As explained below, we will presume provided they take steps to protect their believe will face the most significant that a station satisfies the first element viewers from the potential loss of ATSC challenges in finding local simulcasting of our waiver standard, which is that it 1.0 service resulting from a waiver. With partners.4 Consistent with NAB’s has no ‘‘viable simulcasting partner,’’ if these principles in mind, we provide, proposal, we will consider only full it has fewer than three potential below, additional guidance on the power stations in our calculation of simulcasting partners within its DMA waiver standard adopted in the Next available 1.0 simulcast partners in that can cover its entire community of Gen TV Report and Order. considering a waiver request submitted license. To satisfy the second part of our 1. ‘‘No Viable Local Simulcasting by a full power station, because Class A waiver standard, which is to provide Partner’’ TV and LPTV stations do not cover ‘‘reasonable efforts to preserve 1.0 comparable service areas and LPTV service,’’ we will look favorably on 12. With respect to the first prong of waiver applicants that take steps to our waiver test, we will presume that a 2 Commission staff estimates that, initially, about ensure their viewers have the ability to full power Next Gen TV station has ‘‘no 8 percent of NCE stations and about 5 percent of commercial stations will be able to meet this continue watching the station. For viable local simulcasting partner’’ if it threshold. This estimate was determined using LMS example, waiver applicants may has fewer than three (i.e., zero to two) data. Staff calculated NLSCs using TVStudy for provide, upon request, free or low-cost potential full power simulcasting stations remaining on-air following the Incentive ATSC 3.0 converter devices to over-the- partners in the same DMA that can Auction. For each station under the test, the boundaries of the community of license were air viewers within the station’s cover its entire community of license. If determined by matching the community to a Census community of license who otherwise no a full power station seeking a waiver is Place or Census Designated Place. The number of longer would be able to receive the found to have fewer than three full viable sharing partners was determined by counting station’s 1.0 signal over the air as a power stations in its DMA that can meet the number of other stations in the same DMA as the station under the test whose NLSC completely result of the station’s conversion to the local simulcasting coverage covered the boundaries of the community of ATSC 3.0.1 Stations choosing to provide requirements in 47 CFR 73.3801(c), then license. the station will receive a presumption 3 We agree with NAB’s reasoning that ‘‘[i]f there 1 Generally, we expect that a station seeking a that it meets the ‘‘no viable local are only one or two other stations in a market, a waiver of the community of license coverage simulcasting partner’’ prong of the station that is eager to move forward now to requirement will not be able to satisfy the standard improve its service may be unable to find a willing for expedited processing, which requires a station negotiating partner. If there are at least three other to provide ATSC 1.0 simulcast service to at least 95 TV Report and Order, which includes providing full power stations in the market, however, a percent of the predicted population within the information about what steps, if any, the station transitioning station would be assured of having at station’s original noise limited service contour plans to take to minimize the impact of the service least some possibility of moving forward even if one (NLSC). Thus, we remind prospective waiver loss Accordingly, as a practical matter, we expect or two of those stations was not interested in a applicants that a station that needs a waiver of the that a station choosing to provide ATSC 3.0 partnership at the time.’’ community of license coverage requirement will converter devices as a means to minimize the 4 The record shows that stations in rural, remote, also need to make the showing required for non- impact of not simulcasting on viewers will choose and isolated areas most merit a waiver of the local expedited applications established by the Next Gen to provide such devices throughout its entire NLSC. simulcasting requirement.

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43481

stations constitute a secondary service overlap standard that we apply in our to watch a station over-the-air. Below, in that does not receive the same rule specifying permissible simulcast an effort to provide greater interference protection afforded to full partners for Class A stations seeking to predictability to prospective waiver power stations.5 provide ATSC 3.0 service. We recognize applicants, we provide more detail 14. We prefer the threshold approach that many Class A TV stations will be about our expectations in this regard. of fewer than three potential partners to able to satisfy this prong of our waiver We note, however, that we will consider ONE Media’s certification proposal, standard, because few markets have other alternatives offered by waiver which would allow a station simply to three or more Class A stations. However, applicants on a case-by-case basis, certify ‘‘that it has contacted all we find that it is appropriate to create provided the waiver applicant can technically viable prospective partners a lower bar for this class of stations to demonstrate that such proposals would and been rejected, or has not been able make a showing under this prong as achieve the purpose of our local to make sufficient progress in they likely face many of the same simulcasting rule. negotiations, despite good faith efforts challenges in finding a suitable 18. We will look favorably on a to do so.’’ We find that our objective simulcasting partner as do LPTV waiver applicant choosing to provide approach is more administratively stations.7 We will not consider LPTV/ ATSC 3.0 converter devices at no cost efficient as it is readily demonstrable. translator stations in our calculation of or low cost to over-the-air households Thus, we reject the certification available 1.0 simulcast partners for located within its community of license proposal as an overly subjective Class A TV stations because they are which will no longer receive the standard that could provide secondary services that do not receive station’s ATSC 1.0 signal as a means to opportunities for stations to overuse or the same interference protection minimize the impact of not simulcasting abuse the waiver process. We note that afforded to Class A TV stations. on viewers. Although such equipment the objective threshold approach also Nevertheless, Class A TV stations may distribution is not a requirement to avoids having the Commission ‘‘engage choose to partner with LPTV/translator obtain a waiver, we find that this in qualitative market-by-market stations as a means to mitigate the harm method provides one way to ensure that evaluations of simulcasting plans,’’ to viewers, and we encourage Class A any disruption to viewers is minimized which was a key concern of ONE Media. TV stations to do so. to the fullest extent possible. In order Given the difficulties associated with for us to evaluate this prong of our persuading another station in the DMA 2. ‘‘Reasonable Efforts’’ To Preserve waiver standard, we expect waiver to relinquish its multicast capabilities to Service applicants will explain in detail their permit a competing station to deploy 16. In addition to demonstrating that plans for providing converter devices to ATSC 3.0 by using the host station’s a station lacks a viable partner, eligible viewers, including: (1) What facilities for its ATSC 1.0 simulcast, and successful waiver applicants must types of devices they intend to provide; the challenges associated with commit to take certain affirmative steps (2) the cost, if any, that eligible viewers negotiating the terms of an agreement to to satisfy the second prong of our waiver will be required to pay in order to do so, we believe the record test, by demonstrating that it is making receive the device; (3) how the applicant demonstrates that it is unlikely for a ‘‘reasonable efforts’’ to preserve 1.0 intends to inform viewers of the need station to be able to reach such an service and minimize impact on for, and availability of, devices; and (4) agreement with only one or two viewers. It is critical that stations how viewers will be able to request and candidates available to do so. For the seeking a waiver of the simulcasting obtain the device. The Bureau will reasons stated above, we believe that requirement can still achieve the consider a waiver applicant’s plan for this bright line test appropriately purpose of our simulcasting rule— providing ATSC 3.0 converters to balances the likelihood of availability ensuring that viewers can continue to affected viewers on a case-by-case basis with the need to avoid a large number watch their channels during the based on the unique circumstances of subjective evaluations of how diligent transition period—through some confronting the applicant.8 the prospective ATSC 3.0 licensee has alternate means, in order to serve 19. To provide greater predictability been in seeking out such arrangements. viewers that can no longer receive the to applicants that chose to voluntarily 15. With respect to Class A TV station over-the-air as a result of a provide ATSC 3.0 converters, the stations, we will presume that a Class A station’s conversion to ATSC 3.0. Bureau will look favorably on a plan in TV station has ‘‘no viable local 17. The only alternative to local simulcasting partner’’ if it has fewer simulcasting raised or discussed in the 8 We agree with PTV that ‘‘[i]n situations where than three potential Class A TV record that is consistent with the a station does simulcast ATSC 1.0 programming to part of its community, it should only be expected simulcasting partners in the same DMA purpose of the rule is for waiver to provide free or low-cost converters to viewers that: (1) Can provide overlap to its applicants to provide free or low-cost unable to receive the ATSC 1.0 signal.’’ In addition, protected contour (47 CFR 73.6010(c)); ATSC 3.0 converter devices to affected we disagree with ATVA to the extent it contends over-the-air viewers. We believe that that a waiver applicant must simulcast to part of its and (2) are not more than 30 miles from community of license in order to be eligible for a the reference coordinates of the providing free or low-cost 3.0 converter waiver. We do not require a waiver applicant to transitioning station’s existing antenna devices could help ensure that viewers simulcast to part of its community of license, but location.6 This is the same contour in a station’s coverage area can continue we find that a waiver applicant that chooses to simulcast to part of its community of license will have mitigated the harm to those viewers in such 5 We also note that a review of available data by will receive a presumption that it meets the ‘‘no area that receives the simulcast signal. For example, Commission staff suggests that limiting potential viable local simulcasting partner’’ prong of the a waiver applicant may mitigate harm to viewers by partners to only full power stations (i.e., excluding waiver standard. Commission staff estimates that, simulcasting to part of its community of license and Class A TV stations) resulted in only a very slight initially, about 71 percent of Class A stations will providing ATSC 3.0 converters to those areas not increase in the number of full power stations that be able to meet this threshold. reached by the partial simulcast, or it may mitigate would be able to demonstrate ‘‘no viable local 7 For example, like LPTV stations, Class A TV harm to viewers by providing ATSC 3.0 converters simulcasting partner.’’ stations may not be attractive simulcast partners for to its entire community of license. We note that 6 In other words, if a station seeking a waiver to full power stations because of their lower power ATVA does appear to agree that the harm to viewers transition to ATSC 3.0 has only between zero and and coverage area, as well as their frequent can be mitigated by providing free or low-cost two stations in its market that can meet the financial constraints. We note that, in any event, ATSC 3.0 converter devices to viewers, which we Commission’s local simulcasting coverage Class A TV stations would still need to comply with expect waiver applicants will do to satisfy the requirements in 47 CFR 73.6029(c), then the station the second prong of our waiver standard. second prong of our waiver test.

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43482 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

which the waiver applicant would broadcasters, and ONE Media similarly markets should have an opportunity to provide affected over-the-air contends that ‘‘such a costly enjoy the benefits of ATSC 3.0 service households,9 upon request, with one requirement might deter innovation in as quickly as practicable and that ATSC 3.0 converter at no cost. To the some markets without corresponding stations lacking a simulcast partner that extent waiver applicants choose to benefits.’’ As stated above, we do not wish to innovate and invest in ATSC 3.0 charge a low cost to consumers for require waiver applicants to provide technology should be afforded an devices, we will consider the particular ATSC 3.0 converter devices and will opportunity to do so. circumstances surrounding this charge, consider alternative proposals that 22. NTCA—The Rural Broadband as well as the amount of the charge, on would achieve the purpose of the local Association (NTCA) also expressed a case-by-case basis. A waiver applicant simulcasting rule. There were, however, concern that were the Commission to choosing to provide ATSC 3.0 converter no such alternatives mentioned in the waive simulcasting requirements, devices would be expected to agree to record. The Commission authorized the broadcasters may try to enforce their provide an ATSC 3.0 converter upon deployment of ATSC 3.0 service in a mandatory carriage rights with respect request to each affected over-the-air manner that is voluntary for all to their ATSC 3.0 signals, potentially household for as long as it operates stakeholders. We find it unreasonable imposing significant costs on cable pursuant to the waiver. A waiver for consumers to bear significant operators. We clarify that stations that applicant choosing to provide ATSC 3.0 expense for these devices or to be left receive a waiver of the local converter devices would also be without service in the event devices are simulcasting rule are not allowed to expected to inform viewers how they not readily available in the marketplace assert mandatory carriage rights for their can obtain an ATSC 3.0 converter from when a station wishes to deploy ATSC ATSC 3.0 signals. In the Next Gen TV the station.10 We note that some waiver 3.0 service. Broadcasters seeking waiver Report and Order, the Commission applicants choosing to provide ATSC of the simulcasting requirement must stated that ‘‘a Next Gen TV broadcaster 3.0 converter devices may opt to partner demonstrate that they have taken steps will not be able to exercise mandatory with equipment manufacturers, to minimize any disruption to carriage rights with respect to its 3.0 retailers, and even other broadcasters in consumers. Broadcasters have stated in signal instead of its 1.0 signal, nor will their local markets in order to provide the record that they expect 20 different it have mandatory carriage rights even if the free or low-cost ATSC 3.0 television models from three its 3.0 signal is the only signal being converters. While nothing precludes manufacturers, to be available with broadcast. In other words, under no waiver applicants from partnering with built-in ATSC 3.0 tuners as well as other circumstances will we recognize third parties to establish their ATSC 3.0 types of conversion equipment, such as mandatory carriage rights for 3.0 signals converter programs, we remind adapters and gateway devices, by the while the Commission requires local applicants that they remain ultimately end of 2020. To the extent this comes simulcasting.’’ We clarify that the responsible for complying with any to pass, we expect broadcasters will reference to ‘‘while the Commission commitments made as part of their have adequate access to ATSC 3.0 requires local simulcasting’’ was waiver requests. Finally, we remind converter devices and other equipment intended to refer to the time period waiver applicants that a station that so that they can provide such during which the general simulcasting transitions directly to ATSC 3.0 must air equipment to their viewers in support of rule remains in effect and was not daily Public Service Announcements any simulcasting waiver requests.12 meant to confer ATSC 3.0 carriage rights (PSAs) or crawls every day for 30 days 21. We reject NCTA’s argument that it to stations excused from the general prior to the date that it will terminate is premature for us to consider waivers rule. At this time, there are no ATSC 1.0 operations.11 of the local simulcasting requirement. mandatory carriage rights for ATSC 3.0 20. Broadcasters contend that, while Because our waiver standard targets signals. the Commission should look favorably relief to stations in rural, remote, and 23. In addition, NTCA expresses on waiver applicants that offer to isolated areas and requires applicants to concern that stations which are granted provide free or low-cost ATSC 3.0 make ‘‘reasonable efforts’’ to preserve waivers and elect retransmission converters to viewers in their coverage 1.0 service and minimize impact on consent can and likely would shift the area, the Commission should not require viewers, we disagree with NCTA that costs of carrying ATSC 3.0 signals onto broadcasters to provide free or low-cost our waiver standard will undermine the small and rural MVPDs. More ATSC 3.0 converters to viewers as a purpose of the local simulcasting rule.13 specifically, NTCA avers that, because condition for a waiver of the local We find that viewers in small and rural small and rural MVPDs generally rely simulcasting requirements. NAB asserts on receiving broadcast signals over-the- that requiring waiver applicants to 12 We disagree with ONE Media’s further air at their headend (as fiber is generally provide ATSC 3.0 converters ‘‘would assertion that we should not require a waiver not an option), these MVPDs would applicant to provide ATSC 3.0 converter devices if have to upgrade their equipment to risk adding unreasonable costs’’ on it is ‘‘in a market that is already well-penetrated with ATSC 3.0 devices and [has] arranged for all receive the signal of a 3.0 station that is 9 ‘‘Affected over-the-air households’’ are MVPDs to carry its signal.’’ If most viewers in a not simulcasting in order to continue to households exclusively receiving television market already have ATSC 3.0 devices, then it carry the station. NTCA claims that, in broadcast stations over the air with an antenna. should not be overly burdensome for waiver such situations, broadcasters will have This definition does not include households that applicants to provide ATSC 3.0 converters to the subscribe to cable or satellite service. remaining few viewers in the market that do not. little incentive to share in the cost of 10 For example, as part of this notice, we expect Further, carriage on all MVPDs in a market does not such upgrades. NTCA maintains that, stations choosing to provide ATSC 3.0 converter mean that all viewers would have access to the Next when considering a waiver request, the devices will provide information on their websites Gen TV station’s signal unless they are a subscriber Bureau should consider the impact on about how viewers can request and obtain any free to MVPD service. Requiring that a viewer subscribe or low-cost ATSC 3.0 converter devices that may be to an MVPD service in order to retain access to a MVPDs and their subscribers, offered. station’s free over-the-air signal would particularly in situations in which such 11 Waiver applicants must provide all pertinent unreasonably shift the burden of what is supposed subscribers cannot receive any over-the- information to viewers in their PSAs or crawls, to be a voluntary transition onto viewers. air broadcast signals and rely solely on 13 including information about how viewers can We also find that our targeted waiver approach MVPD service to receive a station. The request and obtain any free or low-cost ATSC 3.0 addresses ATVA’s concerns that waivers will not be converter devices to the extent such devices are sufficiently narrow to address situations where Commission rejected suggestions that it offered. stations cannot comply with the simulcasting rules. should intervene in the retransmission

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43483

consent process vis-a`-vis ATSC 3.0 flexibility than secondary stations with stations ‘‘because most of the rationale signals in the Next Gen TV Report and respect to local simulcasting obligations. behind the [simulcast requirement] does Order, and in so doing, it decided that 26. In advocating for a blanket not apply to Class A (TV) stations.’’ We it was premature to consider arguments exemption from the local simulcasting acknowledge that Class A TV stations— that Next Gen TV broadcasters could rules, public television commenters unlike most other primary stations—are use the retransmission consent process emphasize that they are particularly not generally carried by MVPDs, and to compel carriage of ATSC 3.0 signals likely to lack viable simulcasting thus their only way to access viewers is before consumer demand and market partners because they often are not sited via over-the-air reception. Although we circumstances warrant. Nevertheless, near other stations in the market. We recognize they have incentives to we expect waiver stations that are find that our waiver standard, which is maintain ATSC 1.0 service without a granted waivers of the simulcasting based on a proposal supported by mandate, we disagree with WatchTV requirements will actively coordinate PTV,17 adequately addresses this that these marketplace incentives justify and work cooperatively and in good concern by providing that any station a class-based exemption for Class A TV faith with all affected MVPDs to help that lacks fewer than three potential stations. By virtue of their status, Class ensure that MVPD subscribers can partners presumptively satisfies the ‘‘no A TV stations are required to provide continue to watch the station. viable local simulcasting partner’’ prong locally-produced programming that is of our waiver test. We find that our relied upon by viewers. We are reluctant 3. No Additional Simulcast Exemptions waiver standard will provide targeted to allow Class A TV stations to stop 24. We conclude that it is not relief to NCE stations in rural or other providing such service in ATSC 1.0 necessary and would not serve the isolated areas without risking the loss of without a public interest showing. Thus, public interest to grant exemptions to television service on which viewers while most Class A TV waiver any additional classes of stations at this currently rely. PTV also contends that applicants will presumptively meet the time. In the Next Gen TV Further the Public Broadcasting Act of 1967 first prong of the waiver standard, Class Notice, the Commission sought (PBA) creates a statutory mandate for A TV waiver applicants will be required comment on whether to exempt NCE PTV stations ‘‘to provide service to ‘all under the second prong of the waiver and/or Class A TV stations as a class citizens of the United States,’ standard to minimize the impact on from the local simulcasting requirement. particularly ‘unserved and underserved viewers, ensuring that viewers can Given the flexibility afforded by our audiences’ ’’ and, therefore, public maintain access to the locally-produced waiver standard, we decline to give NCE television stations do not need a programming offered by these and Class A TV stations a class-based simulcasting requirement because the stations.19 exemption from our local simulcasting PBA will ensure that public television 4. Waiver Processing requirement, as we did for LPTV/ stations ‘‘will only transition to the translator stations.14 ATSC 3.0 standard after ensuring that 28. We clarify that the Media Bureau 25. As an initial matter, unlike LPTV/ their viewers will not be left behind.’’ has delegated authority to consider translator stations, NCE and Class A TV However, the sections of the PBA cited requests for waiver of the local stations are considered primary under by PTV are not statutory mandates that simulcasting requirement and that the Commission’s rules. Primary are binding on public television waiver requests should be made when television stations (primary stations) are stations, but rather a Congressional filing a Next Gen TV license treated differently from secondary declaration of policy, and, in fact, we application. Consistent with the timing television stations (secondary stations) find that our waiver standard will for reviewing non-expedited in many respects under the rules. buttress this Congressional statement of applications seeking authorization to Among other things, primary stations policy by ensuring that waivers are deploy ATSC 3.0, we expect the Bureau are afforded interference protection granted only in appropriate will process applications with waiver from other services and, in contrast to circumstances and that reasonable requests within 60 business days after secondary services like LPTV/ efforts will be made to prevent loss of giving public notice of the waiver translators, are not subject to public television service. We do not, request.20 Some broadcaster displacement by other primary however, find the Congressional commenters have requested much faster licensees.15 In addition, primary statement of policy in the PBA to be a processing times for waiver requests, stations tend to carry programming rationale for providing additional but such timeframes would provide staff regulatory relief to NCE stations.18 more relied upon by viewers.16 insufficient time to verify that deviation 27. Likewise, we find the waiver Consequently, if we were to afford NCE, from the established rule is warranted approach is more appropriate for Class and in the public interest. So long as Class A TV, or any other class of A TV stations than a class-based primary station a blanket exemption of exemption. WatchTV states that the the local simulcasting rule, the potential 19 We note that WatchTV has indicated its ability Commission should exempt Class A TV to provide low-cost 3.0 devices to viewers, adverse impact caused by service loss suggesting that the waiver standard would not would be inherently greater than it is for 17 Although PTV would prefer an exemption for prove too onerous for Class A stations. WatchTV secondary classes of stations. We public television stations, it indicated that it would ‘‘contemplates being able to acquire dongles for as therefore find it appropriate to afford support, in the alternative, a presumptive waiver for little as $10 in quantity, so that a station may sell NCE and Class A TV stations less such stations. them for a nominal amount or even simply give 18 PTV also argues that ‘‘public television stations them away to viewers as a promotion.’’ have a strong financial incentive for ensuring that 20 As explained above, a non-expedited applicant 14 In this regard, we agree with ATVA that our viewers are able to continue receiving their refers to a Next Gen TV station whose application targeted waiver approach is more appropriate than broadcast signals’’ because ‘‘public television does not propose to provide ATSC 1.0 simulcast a class-based exemption. stations rely on direct financial support from service to at least 95 percent of the predicted 15 We note that secondary stations also do not viewers.’’ We also do not find this argument population within the station’s original noise have principal community coverage obligations. grounds for additional regulatory relief to public limited service contour (NLSC) and, thus, would 16 For example, we note that Class A TV stations television stations. Our goal is to ensure viewers are not qualify for ‘‘expedited processing’’ for its are required to broadcast a minimum of 18 hours protected during the transition to ATSC 3.0 service. application. A non-expedited applicant must per day and provide an average of at least three We see no reason to treat viewers of full power provide a more robust public interest showing with hours per week of locally-produced programming public television stations differently from other full its application and will be considered on a case-by- each quarter. power stations. case basis.

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43484 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

information provided by waiver 3.0’’ and that no additional spectrum interim to permanent facilities post- applicants is complete, we expect staff would be needed for the voluntary transition. Second, permitting will be able to process the applications deployment of ATSC 3.0 service.22 widespread vacant channel use could within the 60 business-day time period. Further, the fact that no additional adversely impact LPTV and TV spectrum would be required for the translator stations, particularly those B. Temporary Use of Vacant Channels voluntary use of ATSC 3.0 was a key displaced by the post-Incentive Auction 29. We decline to adopt new rules at consideration in the Next Gen TV repacking process that are currently this time to authorize full power Report and Order. Allowing widespread receiving federal funds to modify or broadcast licensees to use available or use of vacant channels as transition construct new facilities on channels for vacant channels in the television band channels would likely discourage which they hold construction permits. for purposes of their voluntary ATSC reliance on local simulcasting Although we recognize that full power 3.0 deployment. The Commission arrangements, which are intended to stations are primary and LPTV and TV declined to authorize such use in the accomplish the voluntary deployment of translator stations are not, during this Next Gen TV Report and Order, but ATSC 3.0 service in a spectrally repacking transition we strive to be good sought additional comment on this issue efficient manner. stewards in overseeing efficient use of in the Next Gen TV Further Notice. In 31. Moreover, any benefits of allowing federal reimbursement funds. By opting particular, the Commission sought broadcasters to use vacant channels as not to allow full power vacant channel comment on ONE Media’s request that, temporary transition channels appear use at this time, we reduce the potential in markets where such vacant channels outweighed by the costs to other of inefficiently allocated reimbursement are available, the Commission should stakeholders. Broadcasters maintain that expenses to relocating LPTV stations by allow full power broadcasters to use vacant channel use may be particularly further displacing those stations already these channels as ‘‘dedicated transition helpful to stations in rural, remote, and receiving federal funds. Finally, channels to ensure maximum continuity isolated areas. However, such permitting widespread vacant channel of service, just as it did during the broadcasters already have significant use for ATSC 1.0 simulcasting could transition from analog to digital.’’ In flexibility in complying with our local impose costs on an MVPD that may support of this proposal, ONE Media simulcasting rules by virtue of the need to receive a signal from a new and other broadcaster commenters argue waiver standard. Further, we are ATSC 1.0 facility that it does not that allowing Next Gen broadcasters to skeptical that rural, remote, and isolated currently carry. To the extent use vacant channels would facilitate the broadcasters would even want to incur broadcasters were to move from one transition to ATSC 3.0 and ‘‘minimize the costs of constructing and operating vacant channel to another, MVPDs consumer disruption and preserve a second facility on a vacant channel. could incur such expenses multiple service to viewers.’’ They contend that Instead, such broadcasters may find times with respect to a single station.23 television band spectrum is reserved for partnering with LPTV/translator 33. Accordingly, we decline to allow licensed broadcast use and that existing stations, which are exempt from the the use of vacant channels for the ATSC broadcasters should be given priority to simulcasting requirement, to be a more 3.0 transition at this time. If warranted use vacant channels as temporary affordable and practical option for their by market conditions in the future, we transition channels in the band.21 initial deployment of ATSC 3.0 service. may revisit the need for permitting 30. We find that it is premature to 32. In addition, we are not persuaded broadcasters to use vacant channels as consider allowing broadcasters to use that the benefits of allowing transition channels. vacant channels as temporary transition broadcasters to use vacant channels as channels to deploy ATSC 3.0 service. At temporary transition channels outweigh C. ‘‘Significantly Viewed’’ Status of Next this time, deployment of ATSC 3.0 the potential costs and harms to other Gen TV Stations service is voluntary, and there is no stakeholders that operate in the band. 34. We adopt our tentative conclusion certainty if or when it will replace Authorizing widespread use of vacant that the significantly viewed status of a ATSC 1.0 service; rather, it will be channels by broadcasters could have a Next Gen TV station should not change adopted by stakeholders based on significant adverse impact on these if it moves its ATSC 1.0 simulcast marketplace considerations. For this other stakeholders. First, permitting channel to a temporary host facility. All reason, we reject ONE Media’s vacant channel use at this time, even for commenters on this issue support this comparison to the DTV transition in only 3.0 service, could have negative conclusion. Accordingly, a commercial which a second channel was provided effects on the incentive auction television station that relocates its ATSC to most broadcasters in order to reorganization of spectrum (repacking). 1.0 simulcast channel cannot seek to accomplish a mandatory transition from The resources needed to use vacant gain significantly viewed status in new analog to digital service. We also agree channels for such purposes could strain communities or counties and such with MVPD providers, wireless resources needed to support the station cannot lose significantly viewed microphone interests, and proponents of construction of facilities on channels status in communities or counties for white space devices that authorizing assigned in the post-incentive auction which it qualified prior to the move of widespread use of vacant channels as repacking, including transitioning its ATSC 1.0 simulcast channel. dedicated transition channels would be stations and stations moving from 35. Significantly viewed stations are inconsistent with the premise of the commercial television stations that the broadcasters’ Next Gen TV Petition, 22 The Next Gen TV Petition stated that it ‘‘does Commission has determined have which stated that local simulcasting not ask the Commission to give broadcasters would be the ‘‘core of the voluntary, additional spectrum to roll out Next Generation TV 23 We recognize that parties supporting use of and does not seek any changes to the current DTV vacant channels for unlicensed white space market-driven implementation of ATSC standard. Instead, broadcasters will use market- operations and wireless microphone operations also based solutions to introduce this enhanced expressed concern about the potential adverse 21 In addition to priority over unlicensed uses, capability on existing spectrum while not impact on such uses. In response, broadcasters ONE Media advocates giving existing broadcasters disenfranchising viewers using ATSC 1.0 contend that white space use should yield to priority over applicants for new television station equipment, and consumer electronics broadcast operations in the television band. licenses as well as over secondary users, including manufacturers will implement the new standard in Because we decline on other grounds to adopt the displacement applications of LPTV and TV response to market demands rather than regulatory proposal to allow full power vacant channel use, we translator stations. mandates.’’ do not address that issue here.

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43485

‘‘significant’’ over-the-air (i.e., non-cable Commission found that because rejected in the Next Gen TV Report and and non-satellite) viewing and are thus significantly viewed status is largely a Order. Further, we disagree that these treated as local stations in certain function of signal availability, a station petitions raise any errors or omissions respects with regard to a particular moving to a new channel should lose its that warrant reconsideration. (The community in another television status at the relinquished location. But Bureau has the authority to dismiss market. Significantly viewed status unlike in the channel sharing context, petitions for reconsideration that ‘‘fail to allows the significantly viewed station Next Gen TV broadcasters are not identify any material error, omission, or to be (1) carried by a satellite carrier in relinquishing their original channel. reason warranting reconsideration,’’, or such community in the other market; (2) While they are relocating their ATSC 1.0 which ‘‘rely on arguments that have carried in such community by cable and signal to a simulcast partner, they will been fully considered and rejected by satellite operators at the reduced continue to operate on their existing the Commission within the same copyright payment applicable to local channel in ATSC 3.0 and will ultimately proceeding.’’ Because we also address (in-market) stations; and (3) exempt in return to operating solely on their the petitions on the merits, we have no such community from another station’s existing channel when the local occasion to rely on that delegation of assertion of its network non-duplication simulcasting period ends. Moreover, a authority here.) or syndicated exclusivity rights. A Next Gen TV broadcaster will continue A. Retention of Sunset Dates station that varies its signal strength or to reach the communities or counties in changes its location as a result of which it is significantly viewed with an 1. Sunset of ‘‘Substantially Similar’’ moving its ATSC 1.0 signal to a ATSC 3.0 over-the-air signal during the Requirement simulcast partner may raise the question period in which it is simulcasting. 39. We dismiss and, on alternative of how this change affects its status as IV. Order On Reconsideration and independent grounds, deny NCTA’s ‘‘significantly viewed’’ in a certain request to reconsider the five-year 38. In this Order on Reconsideration, community or county under 47 CFR sunset of the ‘‘substantially similar’’ we dismiss and, on alternative and 76.5(i) and 76.54. requirement. While we retain the July independent grounds, deny the NCTA 36. We agree with MVPDs and 17, 2023 sunset date for this rule, and ATVA petitions for broadcasters that we should maintain approximately one year before the reconsideration.24 NCTA and ATVA the status quo in the significantly requirement is set to expire, we will seek reconsideration of various aspects viewed context with respect to ATSC seek comment on whether it should be of the local simulcasting rules, as well 1.0 simulcast signals and thereby avoid extended based on marketplace as the Commission’s decisions disruptions to the carriage obligations of conditions at that time.26 MVPDs and the carriage rights of concerning voluntary carriage of ATSC 40. In the Next Gen TV Report and broadcasters, and note that no 3.0 signals through retransmission Order, the Commission required that the commenter opposes this approach. Any consent, patent licensing, and the sunset 25 programming aired on a Next Gen TV changes in significantly viewed status of the A/322 standard. All of the station’s ATSC 1.0 simulcast channel be due to local simulcasting would be requests raised in the petitions have ‘‘substantially similar’’ to that of the temporary, and our approach will avoid been considered and rejected already by primary video programming stream on disruptions to cable and satellite the Commission in the underlying the ATSC 3.0 channel. As the television viewers who have come to order. As discussed below, the NCTA Commission explained, the rely on such signals. This approach will and ATVA petitions repeat issues that programming must be the same, except not impose added mandatory carriage commenters, including NCTA and for programming features that are based burdens on MVPDs and avoids ATVA, raised earlier in the proceeding, on the enhanced capabilities of ATSC burdening MVPDs with numerous and that we fully considered and 3.0, advertisements, and promotions for changes to their carriage obligations. We upcoming programs. The Commission 24 note that significantly viewed status Pursuant to Commission policy, petitions for stated that this approach ‘‘will help does not confer mandatory carriage reconsideration are not to be used merely to reargue points previously advanced and rejected. ensure that viewers do not lose access rights to the station, but rather only 25 Specifically, ATVA seeks reconsideration of to the broadcast programming they allows carriage of the station via three issues, including: (1) The Commission’s receive today, while still providing retransmission consent. Thus, rejection of ATVA’s proposal to require separate flexibility for broadcasters to innovate maintaining the status quo with respect negotiations for first-time carriage of ATSC 3.0 signals; (2) the Commission’s exemption from the and experiment with new, innovative to eligibility for significantly viewed simulcasting requirement for low power and TV programming features using Next Gen carriage presents no mandatory carriage translator stations; and (3) the Commission’s TV technology.’’ The Commission burdens on MVPDs. We also conclude decision not to require stations to provide prior decided, however, that the substantially that expansion of eligibility for notice to viewers and MVPDs before changing their signal formats on their ATSC 1.0 simulcasts. NCTA similar requirement would sunset five significantly viewed carriage due to the seeks reconsideration of five issues, including: (1) years from its effective date absent relocation of the ATSC 1.0 simulcast The Commission’s decision to sunset after five further action by the Commission to signal would not be consistent with the years the ‘‘substantially similar’’ requirement; (2) extend it. In this regard, the purpose of local simulcasting, which is the Commission’s decision to sunset after five years Commission concluded that, while ‘‘this intended to serve the goal of the requirement that a Next Gen TV broadcaster’s primary video programming stream adheres to the [substantially similar] requirement is maintaining existing television service ATSC A/322 standard; (3) the Commission’s necessary in the early stages of ATSC to viewers within the station’s original decision not to require Next Gen TV broadcasters 3.0 deployment, it could unnecessarily coverage area, not expanding service to simulcast ATSC 1.0 signals in high definition impede Next Gen TV programming into new areas. (HD) format to the extent they are currently broadcasting such signals in HD; (4) the innovations as the deployment of ATSC 37. Although our approach here Commission’s decision not to prohibit broadcasters differs from how we addressed this from using retransmission consent negotiations to 26 We note that, while the Commission stated that issue in the channel sharing context, we obtain carriage of their ATSC 3.0 signals by the ‘‘substantially similar’’ requirement would find that it is appropriate to treat withholding the ATSC 1.0 signal; and (5) the expire five years after its effective date, the significantly viewed status differently in Commission’s decision not to require that patents Commission had inadvertently omitted to codify relevant to the ATSC 3.0 standard must be licensed the sunset date in the rule. We take this opportunity these two contexts. In the Incentive on a reasonable and non-discriminatory (RAND) to correct this oversight and amend our rules to Auction Report and Order, the basis. reflect the sunset date.

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43486 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

3.0 progresses.’’ The Commission Next Gen TV programming innovations 2. ATSC A/322 Standard Sunset further stated that it ‘‘intend[ed] to that we seek to promote by authorizing 44. We dismiss and, on alternative monitor the ATSC 3.0 marketplace,’’ the deployment of ATSC 3.0. In any and independent grounds, deny NCTA’s and would ‘‘extend the substantially event, we note that only the request to reconsider the five-year similar requirement if necessary.’’ The ‘‘substantially similar’’ requirement will sunset of the requirement that substantially similar rule took effect July expire and not the requirement to broadcasters’ primary free over-the-air 17, 2018, so it will expire on July 17, broadcast in 1.0, so viewers will not lose Next Gen TV video programming 2023, unless extended by the access to ATSC 1.0 signals. Thus, streams adhere to the ATSC A/322 Commission. contrary to NCTA’s suggestion, standard.29 While we retain the March 41. In its petition, NCTA repeats its consumers will not need to invest in 3.0 6, 2023, sunset for this rule, and other commenters’ earlier approximately one year before the rule opposition in this proceeding to an technology before they are ready. We is set to expire we will seek comment automatic sunset of the substantially also agree with Pearl TV that on whether it should be extended based similar requirement. NCTA contends broadcasters understand their on marketplace conditions at that that the Commission’s decision to communities and have strong market incentives to be responsive to their time.30 sunset the substantially similar 45. In the Next Gen TV Report and requirement was ‘‘arbitrary’’ and ‘‘has needs, both to those viewers seeking the Order, the Commission incorporated no basis in the record.’’ 27 NCTA further enhancements of ATSC 3.0 service and two parts of the ATSC 3.0 ‘‘physical asserts that, ‘‘[g]iven the current state of those choosing to continue watching in layer’’ standard into the rules: (1) ATSC the marketplace, the rational policy ATSC 1.0 format. Therefore, we expect A/321:2016 ‘‘System Discovery & would be for the Commission to monitor broadcasters will use any additional Signaling’’ (A/321), which is the the roll-out of ATSC 3.0 and maintain flexibility resulting from the rule’s standard used to communicate the RF the substantially similar requirement eventual sunset to offer innovative signal type that the ATSC 3.0 signal will until the use of ATSC 3.0 is further programming on their ATSC 3.0 signals, use, and (2) A/322:2017 ‘‘Physical Layer along’’ before ‘‘determin[ing] the rather than to ‘‘diminish[] the quality of Protocol’’ (A/322), which is the standard appropriate sunset.’’ the content on their ATSC 1.0 simulcast that defines the waveforms that ATSC 42. The Commission fully considered signal,’’ as NCTA fears. this issue in the Next Gen TV Report 3.0 signals may take. With respect to the and Order and decided to establish a 43. While we acknowledge that there A/322 standard, the Commission sunset for the substantially similar have been limited marketplace applied the standard only to a Next Gen requirement. Because NCTA repeats developments since the Next Gen TV TV station’s primary free over-the-air arguments that have already been Report and Order was released in video programming stream and considered, we dismiss NCTA’s Petition November 2017, given the dynamic incorporated it by reference into the on this issue. On alternative and nature of the broadcast and consumer rules for a period of five years, unless independent grounds, we deny NCTA’s electronics industries, we find a better the Commission extends the Petition on this issue because we approach is to defer a decision regarding requirement via rulemaking. The disagree that the Commission erred. We any extension until the year prior to the Commission decided that it was not appropriate at the time ‘‘to require continue to believe a sunset date is current sunset. We find this approach to broadcasters to adhere to A/322 appropriate and, thus, affirm the be particularly sound given that it indefinitely,’’ explaining that ‘‘the decision in the Next Gen TV Report and accounts for unanticipated events, such ATSC 3.0 standard could evolve, and Order. We reject NCTA’s request that we as the novel coronavirus (COVID–19), should either delay establishing a sunset stagnant Commission rules could whose impact we are unable to discern prevent broadcasters from taking for the substantially similar requirement at this time. We note, prior to the recent or retain it indefinitely. As explained in advantage of that evolution.’’ In pandemic, the industry expected that the Next Gen TV Report and Order, establishing a sunset for A/322 many stations would begin broadcasting without an expiration date, this rule compliance, the Commission sought to could become stale and impede the very in ATSC 3.0 this year. According to ‘‘balance [its] goals of protecting NAB and Pearl TV, broadcasters consumers while promoting 27 NCTA claims in its reply to oppositions that intended to launch ATSC 3.0 service in innovation.’’ ‘‘the Commission did not seek comment on the 61 markets in 2020. It is not clear 46. In its petition, NCTA repeats its notion that the [substantially similar] requirement whether these plans remain intact.28 and other commenters’ earlier argument would sunset five years after its adoption.’’ In the Next Gen TV NPRM, the Commission sought Moreover, although consumer reception that we should incorporate the A/322 comment on whether ‘‘a ‘simulcast’ means a stream equipment is not currently standard into our rules without a sunset with identical content to the video programming commercially available, the industry has date. NCTA claimed that the aired on the originating station’s primary ATSC 3.0 represented that such equipment will be Commission’s decision to sunset stream’’ and further asked ‘‘[i]f the simulcast content will not be identical to the originating available to consumers in the fourth station’s primary video programming stream, . . . quarter of this year. Again, we do not 29 NCTA contends in its petition that the explain the reasons for any deviations in content know whether this target holds true Commission’s requirement to comply with the A/ and/or format (i.e., high definition (HD) versus SD) 322 standard ‘‘arbitrarily lifts . . . after five years.’’ and the impact of such deviations on television today. Thus, we will continue to Moreover, NCTA’s argument that there have been viewers and the regulatory implications.’’ In monitor the ATSC 3.0 marketplace and, limited marketplace developments since 2017 response, broadcasters opposed an identical content when we get closer to the sunset date, applies equally to the A/322 standard sunset. requirement. Persuaded by broadcasters’ comments, 30 The amendments to 47 CFR 73.682(f), the Commission opted against an identical content we will initiate a proceeding to including the incorporation of the A/322 standard, requirement and instead established the determine whether it is necessary to took effect on March 5, 2018, i.e., 30 days after the ‘‘substantially similar’’ requirement and determined extend the substantially similar rule’s publication in the Federal Register. We note that such requirement appeared necessary only in requirement. that the rule incorrectly reflects a sunset date of the early stages of ATSC 3.0 deployment. We find February 2, 2023, instead of March 6, 2023, which that the NPRM provided adequate notice that the date is five years from the effective date of the rule Commission was considering whether (or not) to 28 That is, we do not know the extent to which (pushed to the next business day). We take this require identical content and the length of time any the pandemic has affected broadcasters’ plans for opportunity to correct this mistake and amend 47 such requirement might be necessary. ATSC 3.0 deployment. CFR 73.682(f) to reflect the true sunset date.

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43487

compliance with the A/322 standard with our decision above concerning the simulcast signals. Because NCTA was arbitrary. NCTA restated the ‘‘substantially similar’’ sunset, we will repeats arguments that have already Commission’s recognition that ‘‘device wait to consider the state of the been considered, we dismiss NCTA’s manufacturers and MVPDs may not be marketplace a year before the rule Petition on this issue. On alternative able to reliably predict what signal sunsets to determine whether there is and independent grounds, we deny modulation a broadcast is using unless any need to extend it. NCTA’s Petition on this issue because broadcasters are required to follow A/ B. High Definition (HD) Service and we disagree that the Commission erred. 322’’ and asserted that the Commission Notice to Viewers Thus, we affirm the decision in the Next ‘‘offer[ed] no compelling reason to Gen TV Report and Order. As explained 48. We dismiss and, on alternative believe that the need for that certainty in the Next Gen TV Report and Order, and independent grounds, deny NCTA’s will vanish in 2023.’’ the Commission’s existing rules do not 47. The Commission fully considered request to require broadcasters to require broadcasters to provide their this issue in the Next Gen TV Report simulcast ATSC 1.0 signals in high definition (HD) format to the extent they signals in HD and they can change and Order and decided to require 34 compliance with the A/322 standard are currently broadcasting such signals format at any time. We acknowledge only for a transitional period, after in HD. We also dismiss and, on that a broadcaster seeking to meet its which the requirement will sunset alternative and independent grounds, community’s demands for ATSC 3.0 absent Commission action to extend it. deny ATVA’s request to require a service (including 4K or Ultra High Because NCTA repeats arguments that station to provide prior notice to Definition format) may choose to deploy have already been considered, we viewers and MVPDs before changing its ATSC 3.0 service, even if that means it dismiss NCTA’s Petition on this issue. signal format or picture quality. will be able to air an ATSC 1.0 On alternative and independent 49. In its petition, NCTA repeats its simulcast signal only in SD format. We grounds, we deny NCTA’s Petition on earlier request in this proceeding to also recognize that this may mean that this issue because we disagree that the require Next Gen TV broadcasters that consumers who want to continue to Commission erred. Thus, we affirm the are currently broadcasting in HD to receive HD programming will need to decision in the Next Gen TV Report and continue to provide HD service on 1.0 purchase a 3.0 converter device. Order. We reject NCTA’s claim that the simulcast signals. NCTA asserts that the However, we find such decisions would Commission’s decision to sunset Commission erred in not doing so and be a response to competitive compliance with the A/322 standard by instead relying on broadcasters’ marketplace conditions, not contrary to was arbitrary. In establishing a sunset marketplace incentives.32 Specifically, them. We agree with NAB that for A/322 compliance, the Commission NCTA contends that the Commission’s ‘‘broadcasters have strong market sought to balance the competing goals acknowledgement in the Next Gen TV incentives to maintain HD service to the raised in the record of providing Report and Order that ‘‘stations may maximum extent possible.’’ certainty to device manufacturers, have less capacity for HD programming’’ Broadcasters that choose to deploy 3.0 MVPDs, and consumers while because of local simulcasting service even though they will only be promoting broadcaster innovation.31 partnerships ‘‘undermines [the able to simulcast an ATSC 1.0 signal in The Commission determined five years Commission’s] conclusion that a rule is SD will likely be doing so to meet struck the right balance at the time to unnecessary because broadcasters have consumer demands for 4K/UHD service ‘market-based incentives’ to continue to ensure stations had ‘‘a reasonable and other enhancements, and we provide HD programming on the ATSC opportunity to implement Next Gen TV believe that broadcasters should have 1.0 signal.’’ NCTA further contends that broadcasting’’ before the A/322 the flexibility to innovate and respond the Next Gen TV Report and Order requirement sunsets. We expect that to marketplace demands.35 We agree once broadcasters begin to implement ‘‘does not acknowledge the harms to with broadcasters that mandating HD the ATSC 3.0 standard in compliance consumers identified in [NCTA’s] format for 1.0 simulcasts could hamper with A/322, it will establish a measure comments, much less explain why they the deployment of 3.0 service to of certainty for device manufacturers are outweighed by a broadcaster’s and MVPDs. Although device voluntary experimentation with ATSC communities in which there is manufacturers, MVPDs, and consumers 3.0.’’ 33 significant market demand for such may want continued certainty, we think 50. The Commission fully considered service. We thus decline to substitute at some point the rule must sunset to this issue in the Next Gen TV Report our own judgment for that of local allow for broadcast innovation outside and Order and decided not to require television stations that best know their of the A/322 standard. Even when the Next Gen TV broadcasters that are communities’ needs. Accordingly, we rule sunsets, as a practical matter, currently broadcasting in HD to remain unpersuaded that new rules are broadcasters will have to coordinate continue to provide HD service on 1.0 needed to mandate HD service on with device manufacturers and MVPDs simulcasts. if they want to deviate from A/322 to 32 NCTA states that ‘‘[b]ecause a high definition 51. In its Petition, ATVA asks the ensure their broadcasts can be received (HD) ATSC 1.0 signal consumes more bandwidth than a standard definition ATSC 1.0 signal, there Commission to reconsider its decision and viewed on devices and MVPD is reason to fear that broadcasters launching an not to require stations to provide prior systems. We also note that broadcasters ATSC 3.0 signal will have strong incentives to notice to viewers and MVPDs before have no incentive to change their degrade their over-the-air HD ATSC 1.0 signal so changing their signal formats on their implementation of ATSC 3.0 in a way that more streams can be squeezed into another 6 MHz channel.’’ that would render existing consumer 34 Although NCTA seeks the status quo for 33 NCTA asserts that ‘‘if a broadcaster has broadcasters currently broadcasting in HD, the equipment obsolete. Finally, consistent voluntarily chosen to transmit its 1.0 signal in HD, it should not be allowed to downgrade that signal status quo includes the right to change format at any time. 31 The Next Gen TV Report and Order explained to SD at least in the initial phases of launching a the Commission’s intent to ‘‘establish a period of 3.0 signal’’ because ‘‘[s]uch downgrading would 35 As Pearl TV explains, ‘‘[l]ocal stations will certainty for manufacturers, MVPDs, and consumers deprive viewers of the programming to which they consider the types of technology their viewers have that will prevent broadcasting standards from have become accustomed and would force them and their viewers’ appetite for various options as splintering and will speed the overall adoption of and MVPDs to incur costs to recapture the HD they weigh the trade-offs of different deployment ATSC 3.0.’’ quality that they have come to expect.’’ approaches.’’

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43488 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

1.0 simulcasts.36 The Commission fully C. LPTV/Translator Exemption According to staff review of S&P data on considered this issue in the Next Gen 53. We dismiss and, on alternative February 19, 2020, only about 2.5 TV Report and Order and decided not and independent grounds deny, ATVA’s percent of LPTV stations are affiliated 39 to require stations to provide such request that the Commission reconsider with a Big-4 network. We agree with notice. Because ATVA repeats its decision in the Next Gen TV Report LPTV/translator commenters that arguments that have already been and Order to exempt LPTV and TV requiring thousands of simulcast waiver considered, we dismiss ATVA’s Petition translator (LPTV/translator) stations requests because of a limited number of on this issue. We also reject ATVA’s from the local simulcasting requirement. Big-4 affiliated LPTV/translator stations argument that its request involves a new 54. In its Petition, ATVA repeats its that might choose to transition directly fact that justifies reconsideration. ATVA earlier opposition to permitting LPTV/ to ATSC 3.0 would be inefficient and contends that the Commission’s translator stations to transition directly unnecessarily burdensome for both decision not to require prior notice in to ATSC 3.0 and contends that this LPTV/translator stations as a whole and this regard ‘‘constitutes a ‘material fact’ decision constituted ‘‘material error.’’ Commission staff who would need to process potentially thousands of such that was ‘not known’ to ATVA until the (ATVA argues that ‘‘allowing low power requests. Moreover, even if some of Order was released’’ because the draft stations to flash-cut causes exactly the these Big-4 network affiliated stations order the Commission circulated a few same harm as does allowing full power have greater viewership and resources weeks before it adopted the final Order stations to flash cut—especially since a than unaffiliated LPTV/translator would have required broadcasters to large and increasing number of stations stations, it still would be the exception provide such notice. We disagree. A maintain major-network affiliations.’’) rather than the rule that an LPTV/ draft order the Commission circulates The Commission fully considered this translator station would both be able to before adopting a final order is not issue in the Next Gen TV Report and find a suitable simulcast partner and to Order and, based on the record, decided binding. We agree with NAB that afford simulcasting.40 We agree with ‘‘ATVA’s suggestion that any changes to exempt such stations from the local LPTV/translator commenters that LPTV/ from the draft to the final order serve as simulcasting requirement. Because translator stations affiliated with a Big- a basis for reconsideration would be an ATVA repeats arguments that have 4 network will have strong market unworkable standard that would greatly already been considered, we dismiss incentives to maintain 1.0 service burden the Commission and its staff.’’ ATVA’s Petition on this issue. On because of their reliance on advertising Given that another commenter was able alternative and independent grounds, revenues. Consequently, we agree with to make the argument in favor of a we deny ATVA’s Petition on this issue the LPTV/translator groups that ‘‘[o]ut notice requirement for HD service, we because we disagree that the of necessity these few LPTV/translator see no reason ATVA could not have Commission erred in this regard and stations [affiliated with top four done so as well. affirm the decision in the Next Gen TV networks] will simulcast voluntarily if 52. On alternative and independent Report and Order. In addition, we reject and when they transition to ATSC 3.0,’’ grounds, we deny ATVA’s Petition on ATVA’s contention that the Commission a consideration that lends further this issue and affirm our findings on should adopt a waiver approach for support to our prior conclusion that a LPTV/translator stations instead of this issue in the Next Gen TV Report class-based exemption for LPTV/ maintaining a blanket exemption. We and Order. As discussed in the Next translator stations is more appropriate continue to believe that a class-based Gen TV Report and Order, broadcasters than a waiver process. exemption from the simulcast may have legitimate market incentives 56. Finally, we also agree with LPTV/ requirement for LPTV/translator stations to deploy 3.0 service even though they translator commenters that LPTV/ is more appropriate in this situation will only be able to simulcast in SD. In translator stations would better serve than the waiver approach suggested by these situations, viewers will continue their role as initial 3.0 hosts for full ATVA. As ATVA concedes, a waiver to receive 1.0 service in SD, as is power stations if they were immediately process for LPTV/translator stations required by our rules, so we see no need available through an exemption, rather would be an inefficient and burdensome for notice requirements like those than having to request a waiver prior to means of providing widespread relief to mandated for stations that relocate their becoming available to serve as 3.0 hosts. LPTV/translator stations. Such a process Indeed, Alliance points out that the ATSC 1.0 signals. Instead, we will rely would slow deployment of 3.0 service to on broadcasters’ market incentives to the public, and, ultimately, is simulcast requirement should apply to an LPTV/ inform viewers how they can receive unnecessary because we can rely on 37 translator or Class A TV station, if such station ‘‘is Next Gen TV service enhancements. market incentives to protect viewers not carried by any MVPD, is not required to be To the extent MVPDs are concerned, against significant LPTV/translator carried by any MVPD under the must-carry statute, and remains unaffiliated with any network.’’ there is nothing to prevent them from service loss. providing notice to their subscribers 39 According to staff review of S&P data on 55. In any case, ATVA appears to be February 19, 2020, about 46 of the 1,892 LPTV that a station’s channel is no longer primarily concerned with precluding stations are affiliated with a Big-4 network. We note being provided in HD as a result of the direct transitions by LPTV/translator that this data is consistent with the data provided broadcasters’ decision to deploy 3.0 by ATVA, which stated, based on its review of 2017 stations that are affiliated with a Big-4 SNL Kagan data, that about 55 LPTV and Class A service. 38 network (i.e., ABC, CBS, FOX, NBC). stations were affiliated with a Big-4 network in September 2017. (As we do not exempt Class A 36 We note that this issue was raised by another 38 ATVA acknowledges that a waiver process stations, we did not include the 14 of 387 Class A commenter in this proceeding. would ‘‘increase costs and burdens on low power stations affiliated with a Big-4 network in our total.) 37 We note that there is nothing in our rules that broadcasters at least to some extent’’ and therefore We note that the Next Gen TV Report and Order prohibits stations changing their signal format states that it would ‘‘not object to reasonable steps incorrectly indicated that there were 258 LPTV without notice. Indeed, ATVA concedes as much. to relieve such burdens for LPTV/translator stations stations in September 2017. In fact, there were ATVA contends that the ATSC 3.0 transition unaffiliated with a Big Four network, such as 1,964 LPTV stations in September 2017. represents a special case in which broadcasters may presumptions in favor of waivers in certain cases, 40 This is because LPTV/translator stations have an incentive to degrade their signals. We are shot-clocks, and paperwork simplification.’’ We generally serve rural, remote, and isolated areas that not persuaded and see no reliable record evidence note that ATVA previously argued in its reply are not served by other stations. Indeed, as PTV to suggest that broadcasters are likely to change comments and an ex parte to the Next Gen TV points out, such is the nature and purpose of TV signal formats in the manner that ATVA suggests. NPRM that it took ‘‘no position’’ on whether the translators.

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43489

costs and uncertainty of a waiver voluntary standard. Determining commitment to RAND licensing and process would not only slow 3.0 whether our retransmission consent stated that it would ‘‘monitor how the deployment, but also potentially rules have been violated in the context marketplace handles patent royalties for dissuade LPTV/translator stations from of a particular negotiation is inherently essential patents.’’ Thus, we find the seeking such relief. a fact-specific inquiry. There is no basis two decisions are consistent. in this record for us to adopt rules of D. Retransmission Consent Issues general applicability. To the extent a V. Procedural Matters 57. We dismiss and, on alternative cable operator or satellite carrier A. Final Regulatory Flexibility Act and independent grounds deny, the believes that the Commission’s Analysis requests by ATVA and NCTA to adopt retransmission consent rules have been 62. As required by the Regulatory new rules related to the voluntary violated, they may file a complaint. carriage of 3.0 signals through Flexibility Act of 1980 (RFA), as retransmission consent. Specifically, E. Patent Issue amended, an Initial Regulatory ATVA repeats its request to require 60. We dismiss and, on alternative Flexibility Analysis (IRFA) was separate negotiations for first-time and independent grounds deny, NCTA’s incorporated in the Further Notice of carriage of ATSC 3.0 signals, and NCTA request to reconsider the Commission’s Proposed Rulemaking in this repeats its request to prohibit decision in the Next Gen TV Report and proceeding. The Federal broadcasters from using retransmission Order not to require that patents Communications Commission consent negotiations to obtain carriage relevant to the ATSC 3.0 standard must (Commission) sought written public of their ATSC 3.0 signals by be licensed on a reasonable and non- comment on the proposals in the withholding the ATSC 1.0 signal. discriminatory (RAND) basis.41 The FNPRM, including comment on the 58. ATVA and NCTA merely repeat Commission fully considered this issue IRFA. The Commission received no their earlier concerns that Next Gen TV in the Next Gen TV Report and Order comments in response to the IRFA. This broadcasters could use the and rejected requests for such a present Final Regulatory Flexibility retransmission consent process to requirement. Because NCTA’s Analysis (FRFA) conforms to the RFA. compel carriage of 3.0 signals before arguments have already been We note that this FRFA addresses only consumer demand and market considered, we dismiss their Petitions the matters considered in the Second circumstances warrant. ATVA contends on this issue. Report and Order portion of the Second that it was a ‘‘material error’’ for the 61. On alternative and independent Report and Order and Order on Commission not to require separate grounds, we deny NCTA’s Petitions on Reconsideration. No FRFA is necessary negotiations for first-time MVPD this issue and affirm the decision in the for the Order on Reconsideration carriage of ATSC 3.0 signals. NCTA Next Gen TV Report and Order. We portion. The only rule revisions adopted contends that it ‘‘makes no sense’’ for disagree with NCTA’s contention that in the Order on Reconsideration are the Commission to have concluded that the Commission’s decision not to made to accurately reflect the sunset it is premature to address any issues require RAND licensing for standards- dates adopted in the 2017 Order. that may arise with respect to the essential patents is inconsistent with the Because these rule changes are editorial voluntary carriage of ATSC 3.0 signals, Commission’s decision approving the and non-substantive, we find good saying MVPDs are at risk now of having current DTV standard, ATSC 1.0. cause to conclude that notice and to ‘‘prematurely invest in ATSC 3.0 Although we do not believe that comment are unnecessary for their technology.’’ ATVA also disagrees with different approaches in the two contexts adoption. Because these revisions do the Commission that it is premature to would necessarily be a cause for not require notice and comment, the address such issues, citing some reconsideration, especially because Regulatory Flexibility Act does not examples it previously provided in the ATSC 3.0 is voluntary at this time, we apply to these changes. We also note proceeding where broadcasters have agree with NAB and ONE Media that the that a FRFA adopting these sunset dates already began to seek bundling decision is consistent with the was included with the 2017 Order. arrangements in contract negotiations. Commission’s decision in the DTV 59. The Commission fully considered 1. Need for, and Objectives of, the context. In the order adopting the ATSC Report and Order this issue in the Next Gen TV Report 1.0 standard for digital television 63. In the first Next Gen TV Report and Order and declined to adopt new broadcasting, the Commission stated and Order, the Commission authorized rules related to the voluntary carriage of that it did not believe that licensing of television broadcasters to use the Next 3.0 signals through retransmission the patents for the ATSC standard Gen TV transmission standard, also consent. We agree with NAB that would impede the development of DTV called ‘‘ATSC 3.0’’ or ‘‘3.0,’’ on a ‘‘NCTA and ATVA offer nothing more products. The Commission also stated voluntary, market-driven basis. ATSC in their petitions than a summary of that the adoption of the standard was 3.0 is the new TV transmission standard their previous arguments.’’ Because ‘‘premised’’ on ‘‘reasonable and non- developed by the Advanced Television NCTA and ATVA repeat arguments that discriminatory’’ licensing, but Systems Committee as the world’s first have already been considered, we determined that Commission rules were internet Protocol (IP)-based broadcast dismiss their Petitions on this issue. On not necessary. The Commission transmission platform. The Commission alternative and independent grounds, emphasized that if a problem with determined in the Next Gen TV Report we deny the NCTA and ATVA Petitions patent licensing arises and is brought to and Order that broadcasters that deploy on this issue because we disagree that the Commission’s attention, it would ATSC 3.0 generally must continue to the Commission erred in this regard and ‘‘consider it and take appropriate deliver current-generation digital affirm the decision in the Next Gen TV action.’’ Similarly, in the Next Gen TV television (DTV) service, using the Report and Order. We continue to Report and Order, the Commission ATSC 1.0 transmission standard, also believe that it is premature to address observed that the ATSC requires a any issues that may arise with respect called ‘‘ATSC 1.0’’ or ‘‘1.0,’’ to their to the voluntary carriage of ATSC 3.0 41 NCTA repeats its earlier request in this viewers through local simulcasting. signals before broadcasters begin proceeding for the Commission to require RAND Specifically, the Commission required widespread transmission in this new licensing. full power and Class A TV stations

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43490 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

deploying ATSC 3.0 service to simulcast assigned to its same DMA and from concluded that local simulcasting the primary video programming stream which it would continue to provide should not change the ‘‘significantly of their ATSC 3.0 channel in an ATSC ATSC 1.0 simulcast service to its entire viewed status’’ of a Next Gen TV station 1.0 format. community of license. for purposes of determining MVPD 64. The Commission determined in 66. While the Commission’s rules carriage. the Next Gen TV Report and Order that require that all full power and Class A 68. In the Second Report and Order, the local simulcasting requirement is TV stations that convert their existing we address the three issues raised in the crucial to the deployment of Next Gen facility to ATSC 3.0 are required to Next Gen TV Further Notice. First, we TV service in order to minimize viewer provide an ATSC 1.0 simulcast signal provide guidance on how Commission disruption. This is because the Next Gen that covers a station’s entire community staff will evaluate petitions for waiver of TV standard is not backward-compatible of license, the Commission recognized our local simulcasting rules. Second, we with existing TV sets or receivers, that in certain circumstances such an decline at this time to permit which have only ATSC 1.0 and analog arrangement may not be viable and in broadcasters to use vacant in-band tuners. This means that consumers will order to facilitate the voluntary channels for purposes of voluntary not be able to view ATSC 3.0 deployment of ATSC 3.0 service ATSC 3.0 deployment. Third, we adopt transmissions on their existing established a waiver standard for the our tentative conclusion that the televisions without additional ATSC 1.0 simulcast requirement. significantly viewed status of a Next equipment. Thus, it is critical that Next Specifically, the Commission stated that Gen TV station should not change if it Gen TV broadcasters continue to it would favor requests for waiver of the moves its ATSC 1.0 simulcast channel provide service using the current ATSC obligation to provide ATSC 1.0 to a host facility. 1.0 standard to deliver DTV service simulcast service if the station can while the marketplace adopts devices demonstrate both that (1) it has ‘‘no 2. Summary of Significant Issues Raised compatible with the new 3.0 viable local simulcasting partner’’ in its by Public Comments in Response to the transmission standard in order to avoid market; and (2) it will ‘‘make reasonable IRFA either forcing viewers to acquire new efforts to preserve 1.0 service to existing 69. There were no comments filed equipment or depriving them of viewers in its community of license that specifically addressed the rules and television service. Because a TV station and/or otherwise minimize the impact policies proposed in the IRFA. cannot, as a technical matter, broadcast on such viewers (for example, by in both 1.0 and 3.0 format from the same providing free or low cost ATSC 3.0 3. Response to Comments by the Chief facility, local simulcasting will be converters to viewers).’’ Specifically, the Counsel for Advocacy of the Small effectuated through voluntary Commission stated it would consider Business Administration partnerships that broadcasters that wish waiver requests from full power and 70. The Chief Counsel did not file any to provide Next Gen TV service must Class A TV stations to transition directly comments in response to the proposed enter into with other broadcasters in from ATSC 1.0 to ATSC 3.0 service on rules in this proceeding. their local markets. Next Gen TV the station’s existing facility without 4. Description and Estimate of the broadcasters must partner with another providing an ATSC 1.0 simulcast Number of Small Entities to Which the television station (i.e., a temporary service at all. Alternatively, a station Proposed Rules Will Apply ‘‘host’’ station) in their local market to may request a waiver of the ATSC 1.0 either: (1) Air an ATSC 3.0 channel at simulcast requirement so it could air an 71. The types of small entities that the temporary host’s facility, while ATSC 1.0 simulcast signal from a may be affected by the Second Report using their original facility to continue partner simulcast host that does not and Order fall within the following to provide an ATSC 1.0 simulcast cover all or a portion of the station’s categories: (1) Wired channel, or (2) air an ATSC 1.0 community of license or can provide Telecommunications Carriers; Cable simulcast channel at the temporary only a lower signal threshold over the Companies and Systems (Rate host’s facility, while converting their station’s community of license than that Regulation); (2) Cable System Operators original facility to the ATSC 3.0 required by the rules. (Telecom Act Standard); (3) Direct standard in order to provide a 3.0 67. In the Next Gen TV Further Broadcast Satellite Service; (4) Satellite channel. Notice, the Commission sought Master Antenna Television (SMATV) 65. The Commission in the Next Gen comment on three topics relating to Systems, also known as Private Cable TV Report and Order established a local simulcasting rules. First, it sought Operators (PCOs); (5) Home Satellite process for considering applications to further comment on issues related to Dish (HSD) Service, (6) Open Video deploy ATSC 3.0 service, which waivers of, and exemptions from, the Services; (7) Wireless Cable Systems— included, among other requirements, local simulcasting requirement. In Broadband Radio Service and establishing coverage requirements for a particular, the Commission sought Educational Broadband Service; (8) Next Gen TV station’s ATSC 1.0 comment on whether further guidance Incumbent Local Exchange Carriers simulcast signal. The Commission’s should be provided about the (ILECs) and Small Incumbent Local ATSC 1.0 simulcast coverage circumstances in which it would grant Exchange Carriers; Radio and Television requirement sought to minimize such a waiver, including how to define Broadcasting and Wireless disruption to viewers resulting from the whether a station has ‘‘no viable local Communications Equipment voluntary deployment of ATSC 3.0 by simulcasting partner’’ and whether a Manufacturing; (9) Audio and Video recognizing that if a station moves its station has taken ‘‘reasonable efforts to Equipment Manufacturing; (10) and ATSC 1.0 signal to a partner simulcast preserve service and/or minimize Television Broadcasting. host station with a different transmitter impact on viewers.’’ Second, the Next location, some existing over-the-air Gen TV Further Notice sought further 5. Description of Projected Reporting, (OTA) viewers may no longer be able to comment on whether to let full power Recordkeeping, and Other Compliance receive the 1.0 signal. Among other broadcasters use channels in the Requirements obligations, the Commission required television broadcast band that are 72. The Second Report and Order the Next Gen TV station to select a vacant to facilitate the transition to imposes no new reporting, partner 1.0 simulcast host station that is ATSC 3.0. Third, it tentatively recordkeeping or other compliance

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43491

requirements beyond those already seeking waivers. In the Second Report Business Paperwork Relief Act of 2002 established in the first Next Gen TV and Order, the Commission considered (SBPRA), Public Law 107–198, see 44 Report and Order. whether to exempt noncommercial U.S.C. 3506(c)(4). educational (NCE) TV stations and Class 6. Steps Taken To Minimize Significant A TV stations from the local C. Congressional Review Act Economic Impact on Small Entities and simulcasting requirement. The Significant Alternatives Considered 79. The Commission has determined, Commission decided against affording and the Administrator of the Office of 73. The RFA requires an agency to an exemption for these entities, Information and Regulatory Affairs, describe any significant alternatives that preferring instead to rely on the waiver Office of Management and Budget, it has considered in reaching its standard to afford these stations with proposed approach, which may include any additional flexibility. concurs that this rule is ‘‘non-major’’ the following four alternatives (among 76. Temporary Use of Vacant under the Congressional Review Act, 5 others): ‘‘(1) the establishment of Channels. In the Second Report and U.S.C. 804(2). The Commission will differing compliance or reporting Order, the Commission declined to send a copy of the Order to Congress requirements or timetables that take into adopt new rules to allow full power and the Government Accountability account the resources available to small broadcasters to use vacant channels in Office, pursuant to 5 U.S.C. 801(a)(1)(A). entities; (2) the clarification, the television broadcast band as D. Additional Information consolidation, or simplification of transition channels in order to facilitate compliance and reporting requirements the deployment to ATSC 3.0 service. 80. For additional information, under the rule for such small entities; Accordingly, the Second Report and contact Evan Baranoff, Evan.Baranoff@ (3) the use of performance rather than Order does not create or change rules in fcc.gov, of the Media Bureau, Policy design standards; and (4) an exemption this regard. Division, (202) 418–7142. Direct press from coverage of the rule, or any part 77. Significantly Viewed Status of inquiries to Janice Wise at (202) 418– thereof, for small entities.’’ Next Gen TV Stations. In the Second 8165. 74. As an initial matter, the decision Report and Order, the Commission to deploy ATSC 3.0 service is a decided that the significantly viewed VI. Ordering Clauses voluntary choice for each broadcaster. status of a Next Gen TV station should For this reason, broadcasters, including not change if it moves its ATSC 1.0 81. It is ordered, pursuant to the small entities, do not need to undertake simulcast channel to a temporary host authority found in sections 1, 4, 7, 301, any costs or burdens associated with facility. Under this proposal, a 303, 307, 308, 309, 316, 319, 325(b), providing ATSC 3.0 service unless they commercial television station that 336, 338, 399b, 403, 534, and 535 of the choose to do so. relocates its 1.0 simulcast channel could Communications Act of 1934, as 75. Local Simulcasting Waivers. The not seek to gain significantly viewed amended, 47 U.S.C. 151, 154, 157, 301, first Next Gen TV Report and Order status in new communities or counties 303, 307, 308, 309, 316, 319, 325(b), established a waiver standard for the and such station could not lose 336, 338, 399b, 403, 534, and 535, this local simulcast requirement. significantly viewed status in Second Report and Order and Order on Specifically, the Commission stated that communities or counties for which it Reconsideration is hereby adopted, it would favor requests for waiver of the qualified prior to the move of its 1.0 effective thirty (30) days after the date obligation to provide ATSC 1.0 simulcast channel. By maintaining the of publication in the Federal Register. simulcast service if the station can status quo in the significantly viewed 82. It is further ordered that the demonstrate both that (1) it has ‘‘no context with respect to ATSC 1.0 Commission’s Rules are hereby viable local simulcasting partner’’ in its simulcast signals, the Commission amended as set forth in Appendix B and market; and (2) it will ‘‘make reasonable avoids complications and disruptions to will become effective 30 days after efforts to preserve 1.0 service to existing MVPDs and broadcasters, including publication in the Federal Register. viewers in its community of license small entities. The Commission and/or otherwise minimize the impact reasoned that any changes in 83. It is further ordered that pursuant on such viewers (for example, by significantly viewed status due to local to sections 4(i) and 405 of the providing free or low cost ATSC 3.0 simulcasting would be temporary, and Communications Act of 1934, as converters to viewers).’’ The Second this approach will avoid disruptions to amended, 47 U.S.C. 154(i), 405, and Report and Order provides additional cable and satellite television viewers § 1.429 of the Commission’s rules, 47 guidance on how Commission staff will who have come to rely on such signals. CFR 1.429, NCTA’s and ATVA’s evaluate requests for waiver of the local This approach will not impose new Petitions for Reconsideration are simulcasting rules. The waiver process mandatory carriage burdens on MVPDs dismissed and, on alternative and provides broadcast television stations, and avoids burdening MVPDs with independent grounds, denied. including small entities, with an numerous changes to their carriage 84. It is further ordered that the alternative means of deploying ATSC obligations. Commission shall send a copy of this 3.0 service in a manner that would still Second Report and Order and Order on achieve the purpose of the local B. Final Paperwork Reduction Act Reconsideration in a report to be sent to simulcasting requirement. The Second Analysis Congress and the Government Report and Order clarifies but does not 78. This document does not contain adopt any new rules with respect to the new or modified information collection Accountability Office pursuant to the waiver standard. By clarifying the requirements subject to the Paperwork Congressional Review Act, see 5 U.S.C. circumstances in which a waiver Reduction Act of 1995 (PRA), Public 801(a)(1)(A). request might be granted, the Law 104–13. In addition, therefore, it List of Subjects in 47 CFR Parts 73 and Commission is seeking to provide does not contain any new or modified 74 predictability to broadcasters, including information collection burden for small small entities, which should reduce business concerns with fewer than 25 Communications equipment, costs for broadcasters contemplating employees, pursuant to the Small Television.

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43492 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations

Federal Communications Commission. § 74.782 Low Power Television and TV Magnuson-Stevens Fishery Marlene Dortch, Translator Simulcasting During the ATSC Conservation and Management Act. 3.0 (Next Gen TV) Transition Secretary. Regulations governing fishing by U.S. * * * * * vessels in accordance with the FMP Final Rules (b) * * * appear at subpart H of 50 CFR part 600 For the reasons stated in the (3) The ‘‘substantially similar’’ and 50 CFR part 679. preamble, the Federal Communications requirement in paragraph (b)(1) of this The 2020 non-CDQ sablefish trawl Commission amends 47 CFR parts 73 section will sunset on July 17, 2023. ITAC in the Aleutian Islands subarea of and 74 as follows: * * * * * the BSAI is 433 metric tons (mt) as [FR Doc. 2020–13837 Filed 7–16–20; 8:45 am] established by the final 2020 and 2021 PART 73—RADIO BROADCAST BILLING CODE 6712–01–P harvest specifications for groundfish in SERVICES the BSAI (85 FR 13553, March 9, 2020). ■ 1. The authority citation for part 73 In accordance with § 679.20(d)(2), the continues to read as follows: DEPARTMENT OF COMMERCE Administrator, Alaska Region, NMFS (Regional Administrator), has Authority: 47 U.S.C. 154, 155, 301, 303, National Oceanic and Atmospheric determined that the 2020 non-CDQ 307, 309, 310, 334, 336, and 339. Administration sablefish trawl ITAC in the Aleutian § 73.682 [Amended] Islands subarea of the BSAI will soon be 50 CFR Part 679 reached. Therefore, NMFS is requiring ■ 2. Amend § 73.682(f)(2) by removing that non-CDQ sablefish caught with ‘‘February 2, 2023’’ and adding in its [Docket No. 200227–0066] vessels using trawl gear in the Aleutian place ‘‘March 6, 2023’’. RTID 0648–XA291 Islands subarea of the BSAI be treated ■ 3. Amend § 73.3801 by adding as prohibited species in accordance paragraph (b)(3) to read as follows: Fisheries of the Exclusive Economic with § 679.21(a). Zone Off Alaska; Sablefish in the § 73.3801 Full Power Television Aleutian Islands Subarea of the Bering Classification Simulcasting During the ATSC 3.0 (Next Sea and Aleutian Islands Management NMFS issues this action pursuant to Gen TV) Transition. Area * * * * * section 305(d) of the Magnuson-Stevens (b) * * * AGENCY: National Marine Fisheries Act. This action is required by 50 CFR (3) The ‘‘substantially similar’’ Service (NMFS), National Oceanic and part 679, which was issued pursuant to requirement in paragraph (b)(1) of this Atmospheric Administration (NOAA), section 304(b), and is exempt from section will sunset on July 17, 2023. Commerce. review under Executive Order 12866. * * * * * ACTION: Temporary rule; closure. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and ■ 4. Amend § 73.6029 by adding SUMMARY: NMFS is prohibiting retention an opportunity for public comment on paragraph (b)(3) to read as follows: of non-Community Development Quota this action, as notice and comment § 73.6029 Class A Television Simulcasting (CDQ) sablefish by vessels using trawl would be impracticable and contrary to During the ATSC 3.0 (Next Gen TV) gear in the Aleutian Islands subarea of the public interest, as it would prevent Transition the Bering Sea and Aleutian Islands NMFS from responding to the most * * * * * management area (BSAI). This action is recent fisheries data in a timely fashion (b) * * * necessary because the 2020 non-CDQ and would delay the prohibited (3) The ‘‘substantially similar’’ sablefish initial total allowable catch retention of non-CDQ sablefish by requirement in paragraph (b)(1) of this (ITAC) in the Aleutian Islands subarea vessels using trawl gear in the Aleutian section will sunset on July 17, 2023. of the BSAI will be reached. Islands subarea of the BSAI. * * * * * DATES: Effective 1200 hours, Alaska NMFS was unable to publish a notice local time (A.l.t.), July 14, 2020, through providing time for public comment PART 74—EXPERIMENTAL RADIO, 2400 hours, A.l.t., December 31, 2020. because the most recent, relevant data AUXILIARY, SPECIAL BROADCAST FOR FURTHER INFORMATION CONTACT: only became available as of July 13, AND OTHER PROGRAM Obren Davis, 907–586–7228. 2020. DISTRIBUTIONAL SERVICES SUPPLEMENTARY INFORMATION: NMFS Authority: 16 U.S.C. 1801 et seq. ■ 5. The authority for part 74 continues manages the groundfish fishery in the Dated: July 14, 2020. BSAI according to the Fishery to read as follows: He´le`ne M.N. Scalliet, Management Plan for Groundfish of the Authority: 47 U.S.C. 154, 302a, 303, 307, Bering Sea and Aleutian Islands Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. 309, 310, 336, and 554. Management Area (FMP) prepared by ■ 6. Amend § 74.782 by adding the North Pacific Fishery Management [FR Doc. 2020–15538 Filed 7–14–20; 5:15 pm] paragraph (b)(3) to read as follows: Council under authority of the BILLING CODE 3510–22–P

VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00074 Fmt 4700 Sfmt 9990 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES 43493

Proposed Rules Federal Register Vol. 85, No. 138

Friday, July 17, 2020

This section of the FEDERAL REGISTER Independence Avenue SW, Washington, 321(a)(3)(B) of EISA 2007 also amends contains notices to the public of the proposed DC 20585–0121. Telephone: (202) 287– section 325(l) of EPCA by adding issuance of rules and regulations. The 1604. Email: five_lamp_types@ paragraph (4)(C), which, in relevant purpose of these notices is to give interested ee.doe.gov. part, directs DOE to collect unit sales persons an opportunity to participate in the Mr. Pete Cochran, U.S. Department of data for calendar years 2010 through rule making prior to the adoption of the final Energy, Office of the General Counsel, rules. 2025, in consultation with NEMA, for GC–33, 1000 Independence Avenue SW, each of the five lamp types. DOE must Washington, DC 20585–0121. then compare the actual lamp sales in DEPARTMENT OF ENERGY Telephone: (202) 586–9496. Email: that year with the benchmark estimate. [email protected]. (42 U.S.C. 6295(l)(4)(C)) If DOE finds 10 CFR Part 430 SUPPLEMENTARY INFORMATION: that the unit sales for a given lamp type in any year between 2010 and 2025 [EERE–2011–BT–NOA–0013] Table of Contents exceed the benchmark estimate of unit Energy Conservation Program: Data I. Background sales by at least 100 percent (i.e., are Collection and Comparison With II. Definitions greater than 200 percent of the Forecasted Unit Sales of Five Lamp A. Rough Service Lamps anticipated sales), DOE must issue a B. Vibration Service Lamps finding within 90 days of the end of the Types C. Three-Way Incandescent Lamps D. 2,601–3,300 Lumen General Service analyzed calendar year that the estimate AGENCY: Office of Energy Efficiency and has been exceeded. (42 U.S.C. Renewable Energy, Department of Incandescent Lamps E. Shatter-Resistant Lamps 6295(l)(4)(D)(i)(I), (E)(i)(I), (F)(i)(I), and Energy. III. Comparison Methodology (H)(i)(I)) 1 ACTION: Notice of data availability. IV. Comparison Results On December 18, 2008, DOE issued a A. Rough Service Lamps notice of data availability (‘‘NODA’’) for SUMMARY: The U.S. Department of B. Vibration Service Lamps Energy (‘‘DOE’’) is informing the public the Report on Data Collection and C. Three-Way Incandescent Lamps Estimated Future Unit Sales of Five of its collection of shipment data and D. 2,601–3,300 Lumen General Service creation of spreadsheet models to Incandescent Lamps Lamp Types (hereafter the ‘‘2008 provide comparisons between 2019 unit E. Shatter-Resistant Lamps analysis’’), which was published in the sales and benchmark estimate unit sales V. Conclusion Federal Register on December 24, 2008. 73 FR 79072. The 2008 analysis of five lamp types (i.e., rough service I. Background lamps, vibration service lamps, 3-way presented the 1990 through 2006 incandescent lamps, 2,601–3,300 lumen The Energy Independence and shipment data collected in consultation general service incandescent lamps, and Security Act of 2007 (‘‘EISA 2007’’; Pub. with NEMA, the spreadsheet model shatter-resistant lamps). For 3-way L. 110–140) was enacted on December DOE constructed for each lamp type, incandescent lamps, 2,601–3,300 lumen 19, 2007. Among the requirements of and the benchmark unit sales estimates general service incandescent lamps, and subtitle B (‘‘Lighting Energy Efficiency’’) for 2010 through 2025. On April 4, shatter-resistant lamps, the 2019 sales of title III of EISA 2007 were provisions 2011, DOE published a NODA in the are not greater than 200 percent of the directing DOE to collect, analyze, and Federal Register announcing the forecasted estimates. The 2019 unit monitor unit sales of five lamp types availability of updated spreadsheet sales for vibration service lamps are (i.e., rough service lamps, vibration models presenting the benchmark greater than the benchmark unit sales service lamps, 3-way incandescent estimates from the 2008 analysis and the estimate but less than 200 percent of the lamps, 2,601–3,300 lumen general collected sales data from 2010 for the benchmark unit sales estimate. The service incandescent lamps, and shatter- first annual comparison. 76 FR 18425. 2019 unit sales for rough service lamps resistant lamps). In relevant part, Similarly, DOE published seven NODAs are below the benchmark unit sales section 321(a)(3)(B) of EISA 2007 in the Federal Register in the following estimate. DOE has prepared, and is amended section 325(l) of the Energy eight years announcing the updated making available on its website, a Policy and Conservation Act of 1975 spreadsheet models and sales data for spreadsheet showing the comparisons of (‘‘EPCA’’) by adding paragraph (4)(B), the annual comparisons. 77 FR 16183 projected sales versus 2019 sales, as which generally directs DOE, in (March 20, 2012); 78 FR 15891 (March well as the model used to generate the consultation with the National Electrical 13, 2013); 79 FR 15058 (March 18, original sales estimates. The spreadsheet Manufacturers Association (‘‘NEMA’’), 2014); 80 FR 13791 (March 17, 2015); 81 is available online at: https:// to: (1) Collect unit sales data for each of FR 20261 (April 7, 2016); 83 FR 36479 www1.eere.energy.gov/buildings/ the five lamp types for calendar years (July 30, 2018; contained 2016 and 2017 appliance_standards/ 1990 through 2006 in order to determine data); 84 FR 17362 (April 25, 2019). standards.aspx?productid=16. the historical growth rate for each lamp This NODA presents the tenth type; and (2) construct a model for each comparison; specifically, section IV of DATES: The data is available July 17, of the five lamp types based on this report compares the actual unit 2020. coincident economic indicators that FOR FURTHER INFORMATION CONTACT: closely match the historical annual 1 For 2,601–3,300 lumen general service Ms. Lucy deButts, U.S. Department of growth rates of each lamp type to incandescent lamps, EPCA does not specify a requirement to publish such findings, but as Energy, Office of Energy Efficiency and provide a neutral comparison discussed further in this notice, EPCA does Renewable Energy, Building benchmark estimate of future unit sales. establish requirements upon the benchmark Technologies, EE–2J, 1000 (42 U.S.C. 6295(l)(4)(B)) Section estimate being exceeded.

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43494 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

sales against benchmark unit sales a lamp that—(i) has a minimum of 5 IESNA Lighting Handbook, one of estimates for 2019.2 supports with filament configurations which, C–7A, is also listed in the EISA 2007 also amended section that are C–7A, C–11, C–17, and C–22 as statutory definition of ‘‘rough service 325(l) of EPCA by adding paragraphs listed in Figure 6–12 of the 9th edition lamp.’’ The definition of ‘‘vibration (4)(D) through (4)(H), which state that if of the IESNA [Illuminating Engineering service lamp’’ requires that such lamps DOE finds that the unit sales for a given Society of North America] Lighting have a maximum wattage of 60 watts lamp type in any year between 2010 and handbook, or similar configurations and be sold at a retail level in packages 2025 exceed the benchmark estimate of where lead wires are not counted as of two lamps or fewer. Vibration service unit sales by at least 100 percent (i.e., supports; and (ii) is designated and lamps must be designated and marketed are greater than 200 percent of the marketed specifically for ‘‘rough for vibration service or vibration- anticipated sales), then DOE must take service’’ applications, with—(I) the resistant applications. As the name regulatory action for such lamps. (42 designation appearing on the lamp suggests, this type of incandescent lamp packaging; and (II) marketing materials U.S.C. 6295(l)(4)(D) through (H)) For can be used in applications where the that identify the lamp as being for rough 2,601–3,300 lumen general service incandescent lamp would be subject to service. (42 U.S.C. 6291(30)(X)) incandescent lamps, DOE must impose a continuous low level of vibration, a statutorily prescribed maximum- As noted above, rough service such as in a ceiling fan light kit. In such wattage level and packaging incandescent lamps must have a applications, incandescent lamps requirement. (42 U.S.C. 6295(l)(4)(G)) minimum of five filament support wires without additional filament support For the other four types of lamps, the (not counting the two connecting leads wires may not achieve the full rated life, statute requires DOE to initiate an at the beginning and end of the because the filament wire is brittle and accelerated rulemaking to establish filament), and must be designated and energy conservation standards. If the marketed for ‘‘rough service’’ would be subject to breakage at typical Secretary does not complete the applications. This type of incandescent operating temperature. To address this accelerated rulemakings within one year lamp can be used in applications where problem, lamp manufacturers typically from the end of the previous calendar the lamp would be subject to use a more malleable tungsten filament year, EPCA specifies maximum wattage mechanical shock or vibration while it to avoid damage and short circuits and related requirements (i.e., a is operating. Other incandescent lamps between coils. have only two support wires (which ‘‘backstop requirement’’) for each lamp C. Three-Way Incandescent Lamps type. (42 U.S.C. 6295(l)(4)(D)(ii), (E)(ii), also serve as conductors), one at each (F)(ii), and (H)(ii)) end of the filament coil. When operating Section 321(a)(1)(B) of EISA 2007 As in the 2008 analysis and previous (i.e., when the tungsten filament is amended section 321(30) of EPCA by comparisons, DOE uses manufacturer glowing so hot that it emits light), rough adding the definition of a ‘‘3-way shipments as a surrogate for unit sales service applications could cause an incandescent lamp.’’ A ‘‘3-way in this NODA because manufacturer incandescent lamp’s filament to break incandescent lamp’’ includes an shipment data are tracked and prematurely. To address this problem, incandescent lamp that—(i) employs 2 aggregated by the trade organization, lamp manufacturers developed lamp filaments, operated separately and in designs that incorporate additional NEMA. DOE believes that annual combination, to provide 3 light levels; support wires along the length of the shipments track closely with actual unit and (ii) is designated on the lamp filament to ensure that it has support sales of these five lamp types, as DOE packaging and marketing materials as presumes that retailer inventories not just at each end, but at several other points as well. The additional support being a 3-way incandescent lamp. (42 remain constant from year to year. DOE U.S.C. 6291(30)(Y)) believes this is a reasonable assumption protects the filament during operation Three-way lamps are commonly because the markets for these five lamp and enables longer operating life for types have existed for many years, incandescent lamps in rough service found in wattage combinations such as thereby enabling manufacturers and applications. 50, 100, and 150 watts or 30, 70, and 100 watts. These lamps use two retailers to establish appropriate B. Vibration Service Lamps inventory levels that reflect market filaments (e.g., a 30-watt and a 70-watt Section 321(a)(1)(B) of EISA 2007 filament) and can be operated separately demand. In addition, increasing unit amended section 321(30) of EPCA by sales must eventually result in or together to produce three different adding the definition of a ‘‘vibration lumen outputs (e.g., 305 lumens with increasing manufacturer shipments. service lamp.’’ A ‘‘vibration service This is the same methodology presented one filament, 995 lumens with the lamp’’ means a lamp that—(i) has other, or 1,300 lumens using the in DOE’s 2008 analysis and subsequent filament configurations that are C–5, C– annual comparisons, and DOE did not filaments together). When used in three- 7A, or C–9, as listed in Figure 6–12 of way sockets, these lamps allow users to receive any comments challenging this the 9th Edition of the IESNA Lighting assumption or the general approach. control the light level. Three-way Handbook or similar configurations; (ii) incandescent lamps are typically used II. Definitions has a maximum wattage of 60 watts; (iii) in residential multi-purpose areas, is sold at retail in packages of 2 lamps where consumers may adjust the light A. Rough Service Lamps or less; and (iv) is designated and level to be appropriate for the task they Section 321(a)(1)(B) of EISA 2007 marketed specifically for vibration are performing. amended section 321(30) of EPCA by service or vibration-resistant adding the definition of a ‘‘rough service applications, with—(I) the designation D. 2,601–3,300 Lumen General Service lamp.’’ A ‘‘rough service lamp’’ means appearing on the lamp packaging; and Incandescent Lamps (II) marketing materials that identify the 2 The notices and related documents for the 2008 lamp as being vibration service only. (42 The statute does not provide a analysis and successive annual comparisons, U.S.C. 6291(30)(AA)) definition of ‘‘2,601–3,300 Lumen including this NODA, are available through the General Service Incandescent Lamps;’’ DOE website at: https://www1.eere.energy.gov/ The statute mentions three examples buildings/appliance_standards/ of filament configurations for vibration however, DOE is interpreting this term standards.aspx?productid=16. service lamps in Figure 6–12 of the to be a general service incandescent

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43495

lamp 3 that emits light between 2,601 line into the future. The other curve fit IV. Comparison Results and 3,300 lumens. These lamps are used applied an exponential growth function A. Rough Service Lamps in general service applications when to the shipment data and projected unit high light output is needed. sales into the future. For this On October 18, 2016, DOE published calculation, linear regression treats the a notice announcing that the actual unit E. Shatter-Resistant Lamps year as a dependent variable and sales for rough service lamps were 219.7 Section 321(a)(1)(B) of EISA 2007 shipments as the independent variable. percent of the benchmark estimate for amended section 321(30) of EPCA by The linear regression curve fit is the 2015 calendar year. 81 FR 71794, adding the definition of a ‘‘shatter- modeled by minimizing the differences 71800.7 Since unit sales for rough resistant lamp, shatter-proof lamp, or among the data points and the best service lamps exceeded 200 percent of shatter-protected lamp.’’ ‘‘Shatter- curve-fit linear line using the least the benchmark estimate in 2015, and resistant lamp, shatter-proof lamp, and squares function.5 The exponential DOE did not complete an energy shatter-protected lamp’’ mean a lamp curve fit is also a regression function conservation standards rulemaking for that—(i) has a coating or equivalent and uses the same least squares function these lamps by the end of calendar year technology that is compliant with NSF/ to find the best fit. For some data sets, 2016, the backstop requirement was ANSI 51 [National Sanitation an exponential curve provides a better triggered. DOE published a final rule on Foundation/American National characterization of the historical data, December 26, 2017 to adopt the Standards Institute] and is designed to and, therefore, a better projection of the statutory backstop requirements for contain the glass if the glass envelope of future data. rough service lamps which require that the lamp is broken; and (ii) is For 3-way incandescent lamps, 2,601– rough service lamps: (I) Have a shatter- designated and marketed for the 3,300 lumen general service proof coating or equivalent technology intended application, with—(I) the incandescent lamps, and shatter- that is compliant with NSF/ANSI 51 designation on the lamp packaging; and resistant lamps, DOE found that the and is designed to contain the glass if (II) marketing materials that identify the linear regression and exponential the glass envelope of the lamp is broken lamp as being shatter-resistant, shatter- growth curve fits produced nearly the and to provide effective containment proof, or shatter-protected. (42 U.S.C. same estimates of unit sales (i.e., the over the life of the lamp; (II) have a 6291(30)(Z)) Although the definition difference between the two forecasted maximum 40-watt limitation; and (III) provides three names commonly used to values was less than 1 or 2 percent). be sold at retail only in a package refer to these lamps, DOE simply refers However, for rough service and containing 1 lamp. 42 U.S.C. to them collectively as ‘‘shatter-resistant 6295(l)(4)(D)(ii) vibration service lamps, the linear lamps.’’ DOE stated in the December 2017 regression curve fit projected lamp unit Shatter-resistant lamps incorporate a final rule that it will continue to collect sales would decline to zero for both special coating designed to prevent glass and model data for rough service lamps lamp types by 2018. In contrast, the shards from being dispersed if a lamp’s for two years after the effective date of exponential growth curve fit projected a glass envelope breaks. Shatter-resistant January 25, 2018, in accordance with 42 more gradual decline in unit sales, such lamps incorporate a coating compliant U.S.C. 6295(l)(4)(I)(ii). 82 FR 60845, that lamps would still be sold beyond with industry standard NSF/ANSI 51,4 60846 (December 26, 2017). For the 2018, and it was, therefore, considered ‘‘Food Equipment Materials,’’ and are 2019 calendar year, the exponential the more realistic forecast. While DOE labeled and marketed as shatter- growth forecast projected the was satisfied that either the linear resistant, shatter-proof, or shatter- benchmark unit sales estimate for rough regression or exponential growth protected. Some types of the coatings service lamps to be 4,057,000 units. The spreadsheet model generated a can also protect the lamp from breakage NEMA-provided shipment data reported reasonable benchmark unit sales in applications subject to heat and shipments of 2,265,000 units in 2019, estimate for 3-way incandescent lamps, thermal shock that may occur from which is 55.8 percent of the benchmark 2,601–3,300 lumen general service water, sleet, snow, soldering, or estimate. DOE has satisfied its 2-year incandescent lamps, and shatter- welding. obligation and will no longer collect and resistant lamps, DOE selected the model data for rough service lamps. III. Comparison Methodology exponential growth curve fit for these In the 2008 analysis, DOE reviewed lamp types for consistency with the B. Vibration Service Lamps each of the five sets of shipment data selection made for rough service and On April 7, 2016, DOE published a that was collected in consultation with vibration service lamps.6 DOE examines notice announcing that the actual unit NEMA and applied two curve fits to the benchmark unit sales estimates and sales for vibration service lamps were generate unit sales estimates for the five actual sales for each of the five lamp 272.5 percent of the benchmark estimate lamp types after calendar year 2006. types in the following section and also for the 2015 calendar year. 81 FR 20261. One curve fit applied a linear regression makes the comparisons available in a Similar to rough service lamps, since to the historical data and extended that spreadsheet online: https:// unit sales for vibration service lamps www1.eere.energy.gov/buildings/ exceeded 200 percent of the benchmark 3 _ ‘‘The term ‘general service incandescent lamp’ appliance standards/standards.aspx? estimate in 2015, and DOE did not means a standard incandescent or halogen type productid=16. lamp that—(I) is intended for general service complete an energy conservation applications; (II) has a medium screw base; (III) has standards rulemaking for these lamps by a lumen range of not less than 310 lumens and not 5 The least squares function is an analytical tool the end of calendar year 2016, the more than 2,600 lumens or, in the case of a that DOE uses to minimize the sum of the squared backstop requirement was triggered. modified spectrum lamp, not less than 232 lumens residual differences between the actual historical and not more than 1,950 lumens; and (IV) is capable data points and the modeled value (i.e., the linear DOE published a final rule on December of being operated at a voltage range at least partially curve fit). In minimizing this value, the resulting within 110 and 130 volts.’’ (42 U.S.C. curve fit will represent the best fit possible to the 7 The October 2016 finding for rough service 6291(30)(D)(i)). data provided. lamps was the result of a correction by NEMA to 4 NSF/ANSI 51 applies specifically to materials 6 This selection is consistent with the previous the data it initially submitted and relied upon by and coatings used in the manufacturing of annual comparisons. See DOE’s 2008 forecast DOE for the April 7, 2016 notice. See, https:// equipment and objects destined for contact with spreadsheet models of the lamp types for greater www.regulations.gov/document?D=EERE-2013-BT- foodstuffs. detail on the estimates. STD-0051-0075.

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43496 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

26, 2017 to adopt the statutory backstop to track shatter-resistant lamp sales data DEPARTMENT OF TRANSPORTATION requirements for vibration service lamps and will not initiate an accelerated which require that vibration service standards rulemaking for this lamp type Federal Aviation Administration lamps: (I) Have a maximum 40-watt at this time. limitation; and (II) be sold at retail only 14 CFR Part 39 V. Conclusion in a package containing 1 lamp. 42 [Docket No. FAA–2020–0584; Product U.S.C. 6295(l)(4)(E)(ii) Identifier 2020–NM–069–AD] DOE stated in the December 2017 This NODA compares the 2019 final rule that it will continue to collect shipments against benchmark unit sales RIN 2120–AA64 and model data for vibration service estimates for rough service lamps, lamps for two years after the effective vibration service lamps, 3-way Airworthiness Directives; Embraer S.A. date of January 25, 2018, in accordance incandescent lamps, 2,601–3,300 lumen Airplanes general service incandescent lamps, and with 42 U.S.C. 6295(l)(4)(I)(ii). 82 FR AGENCY: Federal Aviation 60845, 60846 (December 26, 2017). For shatter-resistant lamps. For 3-way Administration (FAA), DOT. incandescent lamps, 2,601–3,300 lumen the 2019 calendar year, the exponential ACTION: Notice of proposed rulemaking general service incandescent lamps, and growth forecast projected the (NPRM). benchmark unit sales estimate for shatter-resistant lamps, the 2019 sales vibration service lamps to be 2,119,000 are not greater than 200 percent of the SUMMARY: The FAA proposes to adopt a units. The NEMA-provided shipment forecasted estimates. The 2019 unit new airworthiness directive (AD) for data reported shipments of 2,208,000 sales for vibration service lamps are certain Embraer S.A. Model EMB–550 units in 2019, which is 104.2 percent of greater than the benchmark unit sales and EMB–545 airplanes. This proposed the benchmark estimate. DOE has estimate but less than 200 percent of the AD was prompted by reports of cracks, satisfied its 2-year obligation and will benchmark unit sales estimate. The delamination, and failure of the flight no longer collect and model data for 2019 unit sales for rough service lamps deck side windows during certification vibration service lamps. are below the benchmark unit sales fatigue tests. This proposed AD would C. Three-Way Incandescent Lamps estimate. DOE will continue to monitor require repetitive inspections of the flight deck side windows for any For 3-way incandescent lamps, the 3-way incandescent lamps, 2,601–3,300 lumen general service incandescent cracking or delamination, corrective exponential growth forecast projected action if necessary, and eventual the benchmark unit sales estimate for lamps, and shatter-resistant lamps and will assess 2020 unit sales next year. replacement of the windows, as 2019 to be 46,637,000 units. The NEMA- specified in an Ageˆncia Nacional de provided shipment data reported Signing Authority Aviac¸a˜o Civil (ANAC) AD, which will shipments of 16,532,000 units in 2019. be incorporated by reference. The FAA As the NEMA-provided shipment data This document of the Department of is proposing this AD to address the reported is only 35.4 percent the Energy was signed on July 1, 2020, by unsafe condition on these products. benchmark estimate, DOE will continue Alexander N. Fitzsimmons, Deputy DATES: The FAA must receive comments to track 3-way incandescent lamp sales Assistant Secretary for Energy on this proposed AD by August 31, data and will not initiate an accelerated Efficiency, Energy Efficiency and 2020. standards rulemaking for this lamp type Renewable Energy, pursuant to ADDRESSES: at this time. delegated authority from the Secretary You may send comments, using the procedures found in 14 CFR of Energy. That document with the D. 2,601–3,300 Lumen General Service 11.43 and 11.45, by any of the following original signature and date is Incandescent Lamps methods: For 2,601–3,300 lumen general maintained by DOE. For administrative • Federal eRulemaking Portal: Go to service incandescent lamps, the purposes only, and in compliance with https://www.regulations.gov. Follow the exponential growth forecast projected requirements of the Office of the Federal instructions for submitting comments. the benchmark unit sales estimate for Register, the undersigned DOE Federal • Fax: 202–493–2251. 2019 to be 34,439,000 units. The NEMA- Register Liaison Officer has been • Mail: U.S. Department of provided shipment data reported authorized to sign and submit the Transportation, Docket Operations, M– shipments of 2,194,000 units in 2019. document in electronic format for 30, West Building Ground Floor, Room As the NEMA-provided shipment data publication, as an official document of W12–140, 1200 New Jersey Avenue SE, reported is only 6.4 percent of the the Department of Energy. This Washington, DC 20590. benchmark estimate, DOE will continue administrative process in no way alters • Hand Delivery: Deliver to Mail to track 2,601–3,300 lumen general the legal effect of this document upon address above between 9 a.m. and 5 service incandescent lamp sales data publication in the Federal Register. p.m., Monday through Friday, except Federal holidays. and will not impose statutory Signed in Washington, DC, on July 2, 2020. requirements for this lamp type at this For material incorporated by reference time. Treena V. Garrett, (IBR) in this AD, contact National Civil Federal Register Liaison Officer, U.S. Aviation Agency, Aeronautical Products E. Shatter-Resistant Lamps Department of Energy. Certification Branch (GGCP), Rua For shatter-resistant lamps, the [FR Doc. 2020–14647 Filed 7–16–20; 8:45 am] Laurent Martins, nß 209, Jardim exponential growth forecast projected BILLING CODE 6450–01–P Esplanada, CEP 12242–431—Sa˜o Jose´ the benchmark unit sales estimate for dos Campos—SP, Brazil; telephone 55 2019 to be 1,692,000 units. The NEMA- (12) 3203–6600; email [email protected]; provided shipment data reported internet www.anac.gov.br/en/. You may shipments of 489,000 units in 2019. As find this IBR material on the ANAC the NEMA-provided shipment data website at https://sistemas.anac.gov.br/ reported is only 28.9 percent of the certificacao/DA/DAE.asp. For service benchmark estimate, DOE will continue information identified in this final rule,

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43497

contact Embraer S.A., Technical The FAA will also post a report FAA’s Determination and Requirements Publications Section (PC 560), Rodovia summarizing each substantive verbal of This Proposed AD Presidente Dutra, km 134, 12247–004 contact the FAA receives about this Distrito Eugeˆnio de Melo—Sa˜o Jose´ dos NPRM. This product has been approved by Campos—SP—Brazil; telephone +55 12 the aviation authority of another Confidential Business Information 3927–0386; email distrib@ country, and is approved for operation embraer.com.br; internet https:// CBI is commercial or financial in the United States. Pursuant to our www.mytechcare.embraer.com. You information that is both customarily and bilateral agreement with the State of may view this IBR material at the FAA, actually treated as private by its owner. Design Authority, the FAA has been Airworthiness Products Section, Under the Freedom of Information Act notified of the unsafe condition Operational Safety Branch, 2200 South (FOIA) (5 U.S.C. 552), CBI is exempt described in the MCAI referenced 216th St. Des Moines, WA. For from public disclosure. If your above. The FAA is proposing this AD information on the availability of this comments responsive to this NPRM because the FAA evaluated all the material at the FAA, call 206–231–3195. contain commercial or financial relevant information and determined information that is customarily treated It is also available in the AD docket on the unsafe condition described as private, that you actually treat as the internet at https:// previously is likely to exist or develop private, and that is relevant or www.regulations.gov by searching for in other products of the same type responsive to this NPRM, it is important and locating Docket No. FAA–2020– design. 0584. that you clearly designate the submitted comments as CBI. Please mark each Proposed AD Requirements Examining the AD Docket page of your submission containing CBI You may examine the AD docket on as ‘‘PROPIN.’’ The FAA will treat such This proposed AD would require the internet at https:// marked submissions as confidential accomplishing the actions specified in www.regulations.gov by searching for under the FOIA, and they will not be Brazilian AD 2020–04–01R01 described and locating Docket No. FAA–2020– placed in the public docket of this previously, as incorporated by 0584; or in person at Docket Operations NPRM. Submissions containing CBI reference, except for any differences between 9 a.m. and 5 p.m., Monday should be sent to the person identified identified as exceptions in the through Friday, except Federal holidays. in the FOR FURTHER INFORMATION regulatory text of this AD. The AD docket contains this NPRM, any CONTACT section. Any commentary that comments received, and other the FAA receives which is not Explanation of Required Compliance information. The street address for specifically designated as CBI will be Information placed in the public docket for this Docket Operations is listed above. In the FAA’s ongoing efforts to Comments will be available in the AD rulemaking. improve the efficiency of the AD docket shortly after receipt. Discussion process, the FAA initially worked with FOR FURTHER INFORMATION CONTACT: The ANAC, which is the aviation Airbus and EASA to develop a process Kathleen Arrigotti, Aerospace Engineer, authority for Brazil, has issued Brazilian to use certain EASA ADs as the primary Large Aircraft Section, International AD 2020–04–01R01, effective May 22, source of information for compliance Validation Branch, FAA, 2200 South 2020 (‘‘Brazilian AD 2020–04–01R01’’) with requirements for corresponding 216th St., Des Moines, WA 98198; (also referred to as the Mandatory FAA ADs. The FAA has since telephone and fax 206–231–3218; Continuing Airworthiness Information, coordinated with other manufacturers [email protected]. or ‘‘the MCAI’’), to correct an unsafe and civil aviation authorities (CAAs) to SUPPLEMENTARY INFORMATION: condition for certain Embraer S.A. use this process. As a result, Brazilian Comments Invited Model EMB–550 and EMB–545 AD 2020–04–01R01 will be airplanes. incorporated by reference in the FAA The FAA invites you to send any This proposed AD was prompted by final rule. This proposed AD would, written relevant data, views, or reports of cracks, delamination, and therefore, require compliance with arguments about this proposal. Send failure of the flight deck side windows Brazilian AD 2020–04–01R01 in its your comments to an address listed during certification fatigue tests. The entirety, through that incorporation, under the ADDRESSES section. Include FAA is proposing this AD to address except for any differences identified as ‘‘Docket No. FAA–2020–0584; Product such cracks and delamination, which exceptions in the regulatory text of this Identifier 2020–NM–069–AD’’ at the could cause the flight deck side proposed AD. Service information beginning of your comments. The most windows to fail and lead to an in-flight specified in Brazilian AD 2020–04– helpful comments reference a specific depressurization event. See the MCAI portion of the proposal, explain the for additional background information. 01R01 that is required for compliance reason for any recommended change, with Brazilian AD 2020–04–01R01 will and include supporting data. The FAA Related IBR Material Under 1 CFR Part be available on the internet at https:// will consider all comments received by 51 www.regulations.gov by searching for the closing date and may amend this Brazilian AD 2020–04–01R01 and locating Docket No. FAA–2020– NPRM based on those comments. describes procedures for repetitive 0584 after the FAA final rule is Except for Confidential Business detailed inspections of the flight deck published. Information (CBI) as described in the side windows for any cracking or Costs of Compliance following paragraph, and other delamination, and replacement of the information as described in 14 CFR windows. This material is reasonably The FAA estimates that this proposed 11.35, the FAA will post all comments available because the interested parties AD affects 49 airplanes of U.S. registry. the FAA receives, without change, to have access to it through their normal The FAA estimates the following costs https://www.regulations.gov, including course of business or by the means to comply with this proposed AD: any personal information you provide. identified in the ADDRESSES section.

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43498 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

10 work-hour × $85 per hour = $850 ...... $0 $850 $41,650

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

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Cost per Labor cost Parts cost product

9 work-hours × $85 per hour = $765 ...... $9,280 per window ...... $10,045

According to the manufacturer, some (1) Is not a ‘‘significant regulatory (d) Subject or all of the costs of this proposed AD action’’ under Executive Order 12866, Air Transport Association (ATA) of may be covered under warranty, thereby (2) Will not affect intrastate aviation America Code 56, Windows. reducing the cost impact on affected in Alaska, and (e) Reason individuals. The FAA does not control warranty coverage for affected (3) Will not have a significant This AD was prompted by reports of individuals. As a result, the FAA has economic impact, positive or negative, cracks, delamination, and failure of the flight on a substantial number of small entities deck side windows during certification included all known costs in our cost fatigue tests. The FAA is issuing this AD to estimate. under the criteria of the Regulatory Flexibility Act. address such cracks and delamination, which Authority for This Rulemaking could cause the flight deck side windows to List of Subjects in 14 CFR Part 39 fail and lead to an in-flight depressurization Title 49 of the United States Code event. Air transportation, Aircraft, Aviation specifies the FAA’s authority to issue (f) Compliance rules on aviation safety. Subtitle I, safety, Incorporation by reference, Safety. Comply with this AD within the section 106, describes the authority of compliance times specified, unless already the FAA Administrator. Subtitle VII: The Proposed Amendment done. Aviation Programs, describes in more detail the scope of the Agency’s Accordingly, under the authority (g) Requirements authority. delegated to me by the Administrator, Except as specified in paragraph (h) of this The FAA is issuing this rulemaking the FAA proposes to amend 14 CFR part AD: Comply with all required actions and 39 as follows: compliance times specified in, and in under the authority described in accordance with, Brazilian AD 2020–04– Subtitle VII, Part A, Subpart III, Section PART 39—AIRWORTHINESS 01R01. 44701: ‘‘General requirements.’’ Under DIRECTIVES that section, Congress charges the FAA (h) Exceptions and Clarifications to with promoting safe flight of civil Brazilian AD 2020–04–01R01 ■ aircraft in air commerce by prescribing 1. The authority citation for part 39 (1) Where Brazilian AD 2020–04–01R01 regulations for practices, methods, and continues to read as follows: refers to its effective date, or ‘‘17 April, 2020, procedures the Administrator finds Authority: 49 U.S.C. 106(g), 40113, 44701. the effective date of the original issue of this AD,’’ this AD requires using the effective date necessary for safety in air commerce. § 39.13 [Amended] of this AD. This regulation is within the scope of (2) Where Brazilian AD 2020–04–01R01 that authority because it addresses an ■ 2. The FAA amends § 39.13 by adding refers to the compliance time of the repetitive unsafe condition that is likely to exist or the following new airworthiness inspections, ‘‘at each 750 Flight Hours (FH),’’ develop on products identified in this directive (AD): this AD requires a compliance time of, ‘‘at rulemaking action. Embraer S.A.: Docket No. FAA–2020– intervals not to exceed 750 flight hours.’’ 0584; Product Identifier 2020–NM–069–AD. (3) Where Brazilian AD 2020–04–01R01 Regulatory Findings refers to, ‘‘in case of no crack, delamination (a) Comments Due Date The FAA determined that this or any other damage which do not allow to properly perform the required inspection by proposed AD would not have federalism The FAA must receive comments by August 31, 2020. this AD, no action is required at this time,’’ implications under Executive Order this AD requires that in the case of no crack 13132. This proposed AD would not (b) Affected ADs or delamination that no further action is have a substantial direct effect on the None. required until the next inspection interval. States, on the relationship between the (4) Where Brazilian AD 2020–04–01R01 national Government and the States, or (c) Applicability refers to the compliance time for the on the distribution of power and This AD applies to Embraer S.A. Model replacement of the flight deck side windows responsibilities among the various EMB–550 and EMB–545 airplanes, as, ‘‘before the airplane logs 3,400 Flight levels of government. certificated in any category, as identified in Cycles Since New (FCSN),’’ this AD requires Ageˆncia Nacional de Aviac¸a˜o Civil (ANAC) a compliance time of ‘‘before the airplane For the reasons discussed above, I AD 2020–04–01R01, effective May 22, 2020 logs 3,400 FCSN, or within 50 flight cycles, certify this proposed regulation: (‘‘Brazilian AD 2020–04–01R01’’). whichever occurs later.’’

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43499

(5) Replacement of the flight deck side Issued on July 9, 2020. is proposing this AD to address the windows as specified in paragraph (c)(1) of Lance T. Gant, unsafe condition on these products. Brazilian AD 2020–04–01R01 terminates the Director, Compliance & Airworthiness DATES: The FAA must receive comments repetitive inspections for the flight deck side Division, Aircraft Certification Service. on this proposed AD by August 31, windows specified in paragraph (b)(2) of 2020. Brazilian AD 2020–04–01R01. [FR Doc. 2020–15333 Filed 7–16–20; 8:45 am] (6) The ‘‘Alternative method of compliance BILLING CODE 4910–13–P ADDRESSES: You may send comments, (AMOC)’’ section of Brazilian AD 2020–04– using the procedures found in 14 CFR 01R01 does not apply to this AD. 11.43 and 11.45, by any of the following DEPARTMENT OF TRANSPORTATION methods: (i) Other FAA AD Provisions • Federal eRulemaking Portal: Go to The following provisions also apply to this Federal Aviation Administration https://www.regulations.gov. Follow the AD: instructions for submitting comments. (1) Alternative Methods of Compliance 14 CFR Part 39 • Fax: 202–493–2251. (AMOCs): The Manager, Large Aircraft • Mail: U.S. Department of Section, International Validation Branch, [Docket No. FAA–2020–0581; Product Transportation, Docket Operations, M– Identifier 2020–NM–057–AD] FAA, has the authority to approve AMOCs 30, West Building Ground Floor, Room for this AD, if requested using the procedures RIN 2120–AA64 W12–140, 1200 New Jersey Avenue SE, found in 14 CFR 39.19. In accordance with Washington, DC 20590. 14 CFR 39.19, send your request to your • Hand Delivery: U.S. Department of principal inspector or local Flight Standards Airworthiness Directives; Airbus SAS Transportation, Docket Operations, M– District Office, as appropriate. If sending Airplanes information directly to the Large Aircraft 30, West Building Ground Floor, Room AGENCY: Federal Aviation Section, International Validation Branch, W12–140, 1200 New Jersey Avenue SE, Administration (FAA), DOT. send it to the attention of the person Washington, DC 20590, between 9 a.m. identified in paragraph (j)(2) of this AD. ACTION: Notice of proposed rulemaking and 5 p.m., Monday through Friday, Information may be emailed to: 9-AVS-AIR- (NPRM). except Federal holidays. [email protected]. Before using any For EASA material that will be approved AMOC, notify your appropriate SUMMARY: The FAA proposes to incorporated by reference (IBR) in this principal inspector, or lacking a principal supersede Airworthiness Directive (AD) AD, contact the EASA, Konrad- inspector, the manager of the local flight 2015–22–08, which applies to all Airbus Adenauer-Ufer 3, 50668 Cologne, standards district office/certificate holding SAS Model A318 series airplanes; Germany; telephone +49 221 89990 district office. Model A319–111, –112, –113, –114, 1000; email [email protected]; (2) Contacting the Manufacturer: For any –115, –131, –132, and –133 airplanes; internet www.easa.europa.eu. You may requirement in this AD to obtain instructions Model A320–211, –212, –214, –231, find this IBR material on the EASA from a manufacturer, the instructions must –232, and –233 airplanes. The FAA also website at https://ad.easa.europa.eu. be accomplished using a method approved proposes to supersede AD 2018–17–19, For the Airbus material identified in by the Manager, Large Aircraft Section, which applies to certain Airbus SAS this proposed AD that will continue to International Validation Branch, FAA; or Model A318 series airplanes; Model be incorporated by reference, contact ANAC; or ANAC’s authorized Designee. If A319–111, –112, –113, –114, –115, Airbus SAS, Airworthiness Office— approved by the ANAC Designee, the –131, –132, and –133 airplanes; Model EIAS, Rond-Point Emile Dewoitine No: approval must include the Designee’s A320–211, –212, –214, –216, –231, 2, 31700 Blagnac Cedex, France; authorized signature. –232, –233, –251N, and –271N telephone +33 5 61 93 36 96; fax +33 5 (j) Related Information airplanes; and Model A321–111, –112, 61 93 44 51; email account.airworth- (1) For information about Brazilian AD –131, –211, –212, –213, –231, –232, [email protected]; internet https:// 2020–04–01R01, contact National Civil –251N, –253N, and –271N airplanes. www.airbus.com. Aviation Agency, Aeronautical Products The FAA also proposes to supersede AD You may view this IBR material at the Certification Branch (GGCP), Rua Laurent 2019–19–15, which applies to certain FAA, Airworthiness Products Section, Martins, no 209, Jardim Esplanada, CEP Airbus SAS Model A318 series Operational Safety Branch, 2200 South 12242–431—Sa˜o Jose´ dos Campos—SP, airplanes; Model A319–111, –112, –113, 216th St., Des Moines, WA. For Brazil; telephone 55 (12) 3203–6600; email –114, –115, –131, –132, and –133 information on the availability of this [email protected]; internet www.anac.gov.br/ airplanes; Model A320–211, –212, –214, material at the FAA, call 206–231–3195. en/. You may find this Brazilian AD on the –216, –231, –232, –233, –251N, and It is also available in the AD docket on ANAC website at https:// –271N airplanes; and Model A321 series the internet at https:// sistemas.anac.gov.br/certificacao/DA/ airplanes. AD 2019–19–15 requires www.regulations.gov by searching for DAE.asp. You may view this material at the revising the existing maintenance or and locating Docket No. FAA–2020– FAA, Airworthiness Products Section, inspection program, as applicable, to 0581. Operational Safety Branch, 2200 South 216th incorporate new or more restrictive St., Des Moines, WA. For information on the airworthiness limitations. Since the Examining the AD Docket availability of this material at the FAA, call FAA issued AD 2019–19–15, the FAA You may examine the AD docket on 206–231–3195. This material may be found has determined that new or more the internet at https:// in the AD docket on the internet at https:// www.regulations.gov by searching for and restrictive airworthiness limitations are www.regulations.gov by searching for locating Docket No. FAA–2020–0584. necessary. This proposed AD would and locating Docket No. FAA–2020– (2) For more information about this AD, require revising the existing 0581; or in person at Docket Operations contact Kathleen Arrigotti, Aerospace maintenance or inspection program, as between 9 a.m. and 5 p.m., Monday Engineer, Large Aircraft Section, applicable, to incorporate new or more through Friday, except Federal holidays. International Validation Branch, FAA, 2200 restrictive airworthiness limitations, as The AD docket contains this NPRM, any South 216th St., Des Moines, WA 98198; specified in a European Union Aviation comments received, and other telephone and fax 206–231–3218; Safety Agency (EASA) AD, which will information. The street address for [email protected]. be incorporated by reference. The FAA Docket Operations is listed above.

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43500 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

Comments will be available in the AD Discussion airworthiness issued after April 19, docket shortly after receipt. The FAA issued AD 2019–19–15, 2017, must comply with the FOR FURTHER INFORMATION CONTACT: Amendment 39–19751 (84 FR 54480, airworthiness limitations specified as Sanjay Ralhan, Aerospace Engineer, October 10, 2019) (‘‘AD 2019–19–15’’), part of the approved type design and Large Aircraft Section, International for certain Airbus SAS Model A318 referenced on the type certificate data Validation Branch, FAA, 2200 South series airplanes; Model A319–111, –112, sheet. 216th St., Des Moines, WA 98198; –113, –114, –115, –131, –132, and –133 This proposed AD would supersede telephone and fax 206–231–3223; email airplanes; Model A320–211, –212, –214, AD 2019–19–15, AD 2018–17–19, and [email protected]. –216, –231, –232, –233, –251N, and AD 2015–22–08. SUPPLEMENTARY INFORMATION: –271N airplanes; and Model A321 series Actions Since AD 2019–19–15 Was airplanes. AD 2019–19–15 requires Issued Comments Invited revising the existing maintenance or Since the FAA issued AD 2019–19– The FAA invites you to send any inspection program, as applicable, to 15, the FAA has determined that new or written relevant data, views, or incorporate new or more restrictive more restrictive airworthiness arguments about this proposal. Send airworthiness limitations. The FAA limitations are necessary. your comments to an address listed issued AD 2019–19–15 to address the The EASA, which is the Technical under the ADDRESSES section. Include failure of certain life-limited parts, Agent for the Member States of the ‘‘Docket No. FAA–2020–0581; Product which could result in reduced structural European Union, has issued EASA AD Identifier 2020–NM–057–AD’’ at the integrity of the airplane. AD 2019–19– 2020–0080, dated April 1, 2020 (‘‘EASA beginning of your comments. The most 15 specifies that accomplishing the AD 2020–0080’’) (also referred to as the helpful comments reference a specific revision required by that AD terminates Mandatory Continuing Airworthiness portion of the proposal, explain the all requirements of AD 2018–17–19, Information, or ‘‘the MCAI’’), to correct reason for any recommended change, Amendment 39–19373 (83 FR 44460, an unsafe condition for all Model A318– and include supporting data. The FAA August 31, 2018) (‘‘AD 2018–17–19’’). 111, –112, –121, and –122 airplanes; will consider all comments received by AD 2018–17–19 specifies that Model A319–111, –112, –113, –114, the closing date and may amend this accomplishing the revisions required by –115, –131, –132, –133, –151N, and NPRM based on those comments. that AD terminates all requirements of –153N airplanes; Model A320–211, Except for Confidential Business AD 2015–22–08, Amendment 39–18313 –212, –214, –215, –216, –231, –232, Information (CBI) as described in the (80 FR 68434, November 5, 2015) (‘‘AD –233, –251N, –252N, –253N, –271N, following paragraph, and other 2015–22–08’’) and AD 2015–05–02, –272N, and –273N airplanes; and Model information as described in 14 CFR Amendment 39–18112 (80 FR 15152, A321–111, –112, –131, –211, –212, 11.35, the FAA will post all comments March 23, 2015) (‘‘AD 2015–05–02’’). –213, –231, –232, –251N, –252N, that are received, without change, to AD 2015–05–02 was already superseded –253N, –271N, –272N, –251NX, https://www.regulations.gov, including by AD 2017–22–03, Amendment 39– –252NX, –253NX, –271NX, and –272NX any personal information you provide. 19083 (82 FR 49091, October 24, 2017) airplanes. Model A320–215 airplanes The FAA will also post a report (‘‘AD 2017–22–03’’). are not certificated by the FAA and are summarizing each substantive verbal AD 2018–17–19 corresponds to EASA not included on the U.S. type certificate contact the FAA receives about this AD 2017–0215, dated October 24, 2017 data sheet; this AD therefore does not NPRM. (‘‘EASA AD 2017–0215’’), and requires include those airplanes in the revising the maintenance or inspection Confidential Business Information applicability. program to incorporate Airbus A318/ Airplanes with an original CBI is commercial or financial A319/A320/A321 Airworthiness airworthiness certificate or original information that is both customarily and Limitations Section (ALS) Part 1 Safe export certificate of airworthiness actually treated as private by its owner. Life Airworthiness Limitations (SL– issued after November 13, 2019, must Under the Freedom of Information Act ALI), Revision 05, Issue 02, dated April comply with the airworthiness (FOIA) (5 U.S.C. 552), CBI is exempt 19, 2017 (‘‘ALS Part 1, Revision 05’’). limitations specified as part of the from public disclosure. If your EASA AD 2017–0215 superseded EASA approved type design and referenced on comments responsive to this NPRM AD 2014–0141, dated June 4, 2014 the type certificate data sheet; this AD contain commercial or financial (‘‘EASA AD 2014–0141’’), which therefore does not include those information that is customarily treated corresponds with FAA AD 2015–22–08. airplanes in the applicability. as private, that you actually treat as EASA AD 2017–0215 stated it This proposed AD was prompted by private, and that is relevant or supersedes EASA AD 2014–0141 and a determination that new or more responsive to this NPRM, it is important requires accomplishment of the actions restrictive airworthiness limitations are that you clearly designate the submitted specified in A318/A319/A320/A321 necessary. The FAA is proposing this comments as CBI. Please mark each ALS Part 1 Revision 05 (which includes AD to address the failure of certain life- page of your submission containing CBI the life limits required by EASA AD limited parts, which could result in as ‘‘PROPIN.’’ The FAA will treat such 2014–0141). reduced structural integrity of the marked submissions as confidential Although the applicability of EASA airplane. See the MCAI for additional under the FOIA, and they will not be AD 2017–0215 was all airplanes, the background information. placed in the public docket of this corresponding FAA AD 2018–17–19 NPRM. Submissions containing CBI only applied to airplanes with an Related IBR Material Under 1 CFR Part should be sent to the attention of the original airworthiness certificate or 51 person identified in the FOR FURTHER original export certificate of EASA AD 2020–0080 describes new INFORMATION CONTACT section. Any airworthiness issued on or before April or more restrictive airworthiness commentary that the FAA receives 19, 2017 (the date of approval of ALS limitations for airplane structures and which is not specifically designated as Part 1, Revision 05). Airplanes with an safe life limits. CBI will be placed in the public docket original airworthiness certificate or This AD would also require Airbus for this rulemaking. original export certificate of A318/A319/A320/A321 Airworthiness

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43501

Limitations Section (ALS) Part 1 Safe source of information for compliance The FAA estimates the total cost per Life Airworthiness Limitations (SL– with requirements for corresponding operator for the retained actions from ALI), Revision 06, Issue 02, dated FAA ADs. The FAA has since AD 2019–19–15 to be $7,650 (90 work- November 30, 2018, which the Director coordinated with other manufacturers hours × $85 per work-hour). of the Federal Register approved for and civil aviation authorities (CAAs) to The FAA has determined that revising incorporation by reference as of use this process. As a result, EASA AD the existing maintenance or inspection November 14, 2019 (84 FR 54480, 2020–0080 will be incorporated by program takes an average of 90 work- October 10, 2019). reference in the FAA final rule. This hours per operator, although the agency This material is reasonably available proposed AD would, therefore, require recognizes that this number may vary because the interested parties have compliance with EASA AD 2020–0080 from operator to operator. In the past, access to it through their normal course in its entirety, through that the agency has estimated that this action of business or by the means identified incorporation, except for any differences takes 1 work-hour per airplane. Since in the ADDRESSES section. identified as exceptions in the operators incorporate maintenance or FAA’s Determination and Requirements regulatory text of this proposed AD. inspection program changes for their of This Proposed AD Using common terms that are the same affected fleet(s), the FAA has as the heading of a particular section in determined that a per-operator estimate This product has been approved by the EASA AD does not mean that is more accurate than a per-airplane the aviation authority of another operators need comply only with that estimate. country, and is approved for operation section. For example, where the AD The FAA estimates the total cost per in the United States. Pursuant to our requirement refers to ‘‘all required operator for the new proposed actions to bilateral agreement with the State of actions and compliance times,’’ be $7,650 (90 work-hours × $85 per Design Authority, the FAA has been compliance with this AD requirement is work-hour). notified of the unsafe condition not limited to the section titled described in the MCAI and service ‘‘Required Action(s) and Compliance Authority for This Rulemaking information referenced above. The FAA Time(s)’’ in the EASA AD. Title 49 of the United States Code is proposing this AD because the FAA Service information specified in specifies the FAA’s authority to issue has evaluated all pertinent information EASA AD 2020–0080 that is required for rules on aviation safety. Subtitle I, and determined an unsafe condition compliance with EASA AD 2020–0080 section 106, describes the authority of exists and is likely to exist or develop will be available on the internet at the FAA Administrator. Subtitle VII: on other products of the same type https://www.regulations.gov by Aviation Programs, describes in more design. searching for and locating Docket No. detail the scope of the Agency’s Proposed AD Requirements FAA–2020–0581 after the FAA final authority. This proposed AD would retain the rule is published. The FAA is issuing this rulemaking under the authority described in requirements of AD 2019–19–15. This Airworthiness Limitation ADs Using Subtitle VII, Part A, Subpart III, Section proposed AD would also require the New Process revising the existing maintenance or 44701: General requirements. Under inspection program, as applicable, to The FAA’s process of incorporating that section, Congress charges the FAA incorporate new or more restrictive by reference MCAI ADs as the primary with promoting safe flight of civil airworthiness limitations, which are source of information for compliance aircraft in air commerce by prescribing specified in EASA AD 2020–0080 with corresponding FAA ADs has been regulations for practices, methods, and described previously, as incorporated by limited to certain MCAI ADs (primarily procedures the Administrator finds reference. Any differences with EASA those with service bulletins as the necessary for safety in air commerce. AD 2020–0080 are identified as primary source of information for This regulation is within the scope of exceptions in the regulatory text of this accomplishing the actions required by that authority because it addresses an AD. the FAA AD). However, the FAA is now unsafe condition that is likely to exist or This proposed AD would require expanding the process to include MCAI develop on products identified in this revisions to certain operator ADs that require a change to rulemaking action. airworthiness limitation documents, maintenance documents to include new Regulatory Findings actions (e.g., inspections). Compliance such as airworthiness limitation with these actions is required by 14 CFR sections. The FAA determined that this 91.403(c). For airplanes that have been For these ADs that incorporate by proposed AD would not have federalism previously modified, altered, or repaired reference an MCAI AD that changes implications under Executive Order in the areas addressed by this proposed airworthiness limitations, the FAA 13132. This proposed AD would not AD, the operator may not be able to requirements are unchanged. Operators have a substantial direct effect on the accomplish the actions described in the must revise the existing maintenance or States, on the relationship between the revisions. In this situation, to comply inspection program, as applicable, to national Government and the States, or with 14 CFR 91.403(c), the operator incorporate the information specified in on the distribution of power and must request approval for an alternative the new airworthiness limitation responsibilities among the various method of compliance according to document. The airworthiness levels of government. paragraph (l)(1) of this proposed AD. limitations must be followed according For the reasons discussed above, I to 14 CFR 91.403(c). certify this proposed regulation: Explanation of Required Compliance (1) Is not a ‘‘significant regulatory Information Costs of Compliance action’’ under Executive Order 12866, In the FAA’s ongoing efforts to The FAA estimates that this proposed (2) Will not affect intrastate aviation improve the efficiency of the AD AD affects 1,553 airplanes of U.S. in Alaska, and process, the FAA initially worked with registry. The FAA estimates the (3) Will not have a significant Airbus and EASA to develop a process following costs to comply with this economic impact, positive or negative, to use certain EASA ADs as the primary proposed AD: on a substantial number of small entities

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43502 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

under the criteria of the Regulatory (e) Reason inspection program, as applicable, to Flexibility Act. This AD was prompted by a determination incorporate the ‘‘limitations’’ specified in that new or more restrictive airworthiness paragraph (3) of EASA AD 2020–0080 within List of Subjects in 14 CFR Part 39 limitations are necessary. The FAA is issuing 90 days after the effective date of this AD. Air transportation, Aircraft, Aviation this AD to address the failure of certain life- (3) The initial compliance time for doing the tasks specified in paragraph (2) of EASA safety, Incorporation by reference, limited parts, which could result in reduced structural integrity of the airplane. AD 2020–0080 is at the applicable Safety. compliance times specified in paragraph (2) The Proposed Amendment (f) Compliance of EASA AD 2020–0080, or within 90 days Comply with this AD within the after the effective date of this AD, whichever Accordingly, under the authority compliance times specified, unless already occurs later. delegated to me by the Administrator, done. (4) The ‘‘Remarks’’ section of EASA AD the FAA proposes to amend 14 CFR part 2020–0080 does not apply to this AD. 39 as follows: (g) Retained Maintenance or Inspection Program Revision, With No Changes (k) New Provisions for Alternative Actions and Intervals PART 39—AIRWORTHINESS This paragraph restates the requirements of DIRECTIVES paragraph (g) of AD 2019–19–15, with no After the maintenance or inspection changes. For airplanes with an original program has been revised as required by ■ 1. The authority citation for part 39 airworthiness certificate or original export paragraph (i) of this AD, no alternative continues to read as follows: certificate of airworthiness issued on or actions (e.g., inspections) or intervals are before November 30, 2018: Within 90 days allowed except as specified in the provisions Authority: 49 U.S.C. 106(g), 40113, 44701. after November 14, 2019 (the effective date of of the ‘‘Ref. Publications’’ section of EASA AD 2019–19–15), revise the existing AD 2020–0080. § 39.13 [Amended] maintenance or inspection program, as (l) Other FAA AD Provisions ■ 2. The FAA amends § 39.13 by: applicable, to incorporate Airbus SAS A318/ ■ a. Removing Airworthiness Directive A319/A320/A321 Airworthiness Limitations The following provisions also apply to this (AD) 2015–22–08, Amendment 39– Section (ALS) Part 1 Safe Life Airworthiness AD: 18313 (80 FR 68434, November 5, 2015); Limitations (SL–ALI), Revision 06, Issue 02, (1) Alternative Methods of Compliance (AMOCs): The Manager, Large Aircraft AD 2018–17–19, Amendment 39–19373 dated November 30, 2018. The initial compliance time for doing the revised actions Section, International Validation Branch, (83 FR 44460, August 31, 2018); and AD FAA, has the authority to approve AMOCs 2019–19–15, Amendment 39–19751 (84 is at the applicable time specified in Airbus SAS A318/A319/A320/A321 ALS Part 1 Safe for this AD, if requested using the procedures FR 54480, October 10, 2019); and Life Airworthiness Limitations (SL–ALI), found in 14 CFR 39.19. In accordance with ■ b. Adding the following new AD: Revision 06, Issue 02, dated November 30, 14 CFR 39.19, send your request to your Airbus SAS: Docket No. FAA–2020–0581; 2018, or within 90 days after November 14, principal inspector or local Flight Standards Product Identifier 2020–NM–057–AD. 2019, whichever occurs later. Accomplishing District Office, as appropriate. If sending the maintenance or inspection program information directly to the Large Aircraft (a) Comments Due Date revision required by paragraph (i) of this AD Section, International Validation Branch, The FAA must receive comments by terminates the requirements of this send it to the attention of the person August 31, 2020. paragraph. identified in paragraph (m)(4) of this AD. Information may be emailed to: 9-AVS-AIR- (b) Affected ADs (h) Retained Restrictions on Alternative [email protected]. This AD replaces AD 2015–22–08, Actions and Intervals With a New Exception (i) Before using any approved AMOC, Amendment 39–18313 (80 FR 68434, This paragraph restates the requirements of notify your appropriate principal inspector, November 5, 2015) (‘‘AD 2015–22–08’’); AD paragraph (h) of AD 2019–19–15, with a new or lacking a principal inspector, the manager 2018–17–19, Amendment 39–19373 (83 FR exception. Except as required by paragraph of the local flight standards district office/ 44460, August 31, 2018) (‘‘AD 2018–17–19’’); (i) of this AD, after the maintenance or certificate holding district office. and AD 2019–19–15, Amendment 39–19751 inspection program has been revised as (ii) AMOCs approved previously for AD (84 FR 54480, October 10, 2019) (‘‘AD 2019– required by paragraph (g) of this AD, no 2019–19–15 are approved as AMOCs for the 19–15’’). alternative life limits may be used unless corresponding provisions of EASA AD 2020– approved as an alternative method of 0080 that are required by paragraph (g) of this (c) Applicability compliance (AMOC) in accordance with the AD. This AD applies to the Airbus SAS procedures specified in paragraph (l)(1) of (2) Contacting the Manufacturer: For any airplanes specified in paragraphs (c)(1) this AD. requirement in this AD to obtain instructions through (4) of this AD, certificated in any from a manufacturer, the instructions must category, with an original airworthiness (i) New Maintenance or Inspection Program be accomplished using a method approved certificate or original export certificate of Revision by the Manager, Large Aircraft Section, airworthiness issued on or before November Except as specified in paragraph (j) of this International Validation Branch, FAA; or 13, 2019. AD: Comply with all required actions and EASA; or Airbus SAS’s EASA Design (1) Model A318–111, –112, –121, and –122 compliance times specified in, and in Organization Approval (DOA). If approved by airplanes. accordance with, European Union Aviation the DOA, the approval must include the (2) Model A319–111, –112, –113, –114, Safety Agency (EASA) AD 2020–0080, dated DOA-authorized signature. –115, –131, –132, –133, –151N, and –153N April 1, 2020 (‘‘EASA AD 2020–0080’’). (3) Required for Compliance (RC): For any airplanes. Accomplishing the maintenance or service information referenced in EASA AD (3) Model A320–211, –212, –214, –216, inspection program revision required by this 2020–0080 that contains RC procedures and –231, –232, –233, –251N, –252N, –253N, paragraph terminates the requirements of tests: Except as required by paragraph (l)(2) –271N, –272N, and –273N airplanes. paragraph (g) of this AD. of this AD, RC procedures and tests must be (4) Model A321–111, –112, –131, –211, done to comply with this AD; any procedures –212, –213, –231, –232, –251N, –252N, (j) Exceptions to EASA AD 2020–0080 or tests that are not identified as RC are –253N, –271N, –272N, –251NX, –252NX, (1) The requirements specified in recommended. Those procedures and tests –253NX, –271NX, and –272NX airplanes. paragraph (1), (3), and (4) of EASA AD 2020– that are not identified as RC may be deviated 0080 do not apply to this AD. from using accepted methods in accordance (d) Subject (2) Paragraph (2) of EASA AD 2020–0080 with the operator’s maintenance or Air Transport Association (ATA) of specifies revising ‘‘the AMP’’ within 12 inspection program without obtaining America Code 05, Time Limits/Maintenance months after its effective date, but this AD approval of an AMOC, provided the Checks. requires revising the existing maintenance or procedures and tests identified as RC can be

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43503

done and the airplane can be put back in an affected part(s) if necessary. Since the The AD docket contains this NPRM, any airworthy condition. Any substitutions or FAA issued AD 2019–14–09, the FAA comments received, and other changes to procedures or tests identified as has determined that all affected parts information. The street address for RC require approval of an AMOC. must be replaced with improved flexible Docket Operations is listed above. (m) Related Information oxygen hoses in order to address the Comments will be available in the AD (1) For information about EASA AD 2020– unsafe condition. This proposed AD docket shortly after receipt. 0080, contact the EASA, Konrad-Adenauer- would retain the requirements of AD FOR FURTHER INFORMATION CONTACT: Ufer 3, 50668 Cologne, Germany; telephone 2019–14–09 and require replacement of Vladimir Ulyanov, Aerospace Engineer, +49 221 89990 6017; email ADs@ all affected parts with improved Large Aircraft Section, International easa.europa.eu; internet serviceable parts, which is terminating Validation Branch, FAA, 2200 South www.easa.europa.eu. You may find this action for the repetitive inspections, as 216th St., Des Moines, WA 98198; EASA AD on the EASA website at https:// specified in a European Union Aviation ad.easa.europa.eu. telephone and fax 206–231–3229; email (2) For information about the Airbus Safety Agency (EASA) AD, which will [email protected]. material identified in this AD, contact Airbus be incorporated by reference. The FAA SUPPLEMENTARY INFORMATION: SAS, Airworthiness Office—EIAS, Rond- is proposing this AD to address the Point Emile Dewoitine No: 2, 31700 Blagnac unsafe condition on these products. Comments Invited Cedex, France; telephone +33 5 61 93 36 96; DATES: The FAA must receive comments The FAA invites you to send any fax +33 5 61 93 44 51; email on this proposed AD by August 31, written relevant data, views, or [email protected]; internet 2020. https://www.airbus.com. arguments about this proposal. Send (3) You may view this material at the FAA, ADDRESSES: You may send comments, your comments to an address listed Airworthiness Products Section, Operational using the procedures found in 14 CFR under the ADDRESSES section. Include Safety Branch, 2200 South 216th St., Des 11.43 and 11.45, by any of the following ‘‘Docket No. FAA–2020–0583; Product Moines, WA. For information on the methods: Identifier 2020–NM–071–AD’’ at the availability of this material at the FAA, call • Federal eRulemaking Portal: Go to beginning of your comments. The most 206–231–3195. This material may be found https://www.regulations.gov. Follow the helpful comments reference a specific in the AD docket on the internet at https:// portion of the proposal, explain the www.regulations.gov by searching for and instructions for submitting comments. • Fax: 202–493–2251. reason for any recommended change, locating Docket No. FAA–2020–0581. • (4) For more information about this AD, Mail: U.S. Department of and include supporting data. The FAA contact Sanjay Ralhan, Aerospace Engineer, Transportation, Docket Operations, M– will consider all comments received by Large Aircraft Section, International 30, West Building Ground Floor, Room the closing date and may amend this Validation Branch, FAA, 2200 South 216th W12–140, 1200 New Jersey Avenue SE, NPRM based on those comments. St., Des Moines, WA 98198; telephone and Washington, DC 20590. Except for Confidential Business fax 206–231–3223; email sanjay.ralhan@ • Hand Delivery: U.S. Department of Information (CBI) as described in the faa.gov. Transportation, Docket Operations, M– following paragraph, and other Issued on July 9, 2020. 30, West Building Ground Floor, Room information as described in 14 CFR Lance T. Gant, W12–140, 1200 New Jersey Avenue SE, 11.35, the FAA will post all comments Director, Compliance & Airworthiness Washington, DC 20590, between 9 a.m. received, without change, to https:// Division, Aircraft Certification Service. and 5 p.m., Monday through Friday, www.regulations.gov, including any [FR Doc. 2020–15335 Filed 7–16–20; 8:45 am] except Federal holidays. personal information you provide. The BILLING CODE 4910–13–P For the material identified in this FAA will also post a report proposed AD that will be incorporated summarizing each substantive verbal by reference (IBR), contact the EASA, contact received about this NPRM. Konrad-Adenauer-Ufer 3, 50668 DEPARTMENT OF TRANSPORTATION Confidential Business Information Cologne, Germany; telephone +49 221 Federal Aviation Administration 89990 1000; email [email protected]; Confidential Business Information internet www.easa.europa.eu. You may (CBI) is commercial or financial 14 CFR Part 39 find this IBR material on the EASA information that is both customarily and website at https://ad.easa.europa.eu. actually treated as private by its owner. [Docket No. FAA–2020–0583; Product Under the Freedom of Information Act Identifier 2020–NM–071–AD] You may view this IBR material at the FAA, Airworthiness Products Section, (FOIA) (5 U.S.C. 552), CBI is exempt RIN 2120–AA64 Operational Safety Branch, 2200 South from public disclosure. If your 216th St., Des Moines, WA. For comments responsive to this NPRM Airworthiness Directives; Airbus SAS information on the availability of this contain commercial or financial Airplanes material at the FAA, call 206–231–3195. information that is customarily treated AGENCY: Federal Aviation It is also available in the AD docket on as private, that you actually treat as Administration (FAA), DOT. the internet at https:// private, and that is relevant or ACTION: Notice of proposed rulemaking www.regulations.gov by searching for responsive to this NPRM, it is important (NPRM). and locating Docket No. FAA–2020– that you clearly designate the submitted 0583. comments as CBI. Please mark each SUMMARY: The FAA proposes to page of your submission containing CBI supersede Airworthiness Directive (AD) Examining the AD Docket as ‘‘PROPIN.’’ The FAA will treat such 2019–14–09, which applies to all Airbus You may examine the AD docket on marked submissions as confidential SAS Model A330–200 Freighter series the internet at https:// under the FOIA, and they will not be airplanes. AD 2019–14–09 requires www.regulations.gov by searching for placed in the public docket of this repetitive detailed inspections, and locating Docket No. FAA–2020– NPRM. Submissions containing CBI including functional testing, of the 0583; or in person at Docket Operations should be sent to Vladimir Ulyanov, oxygen crew and courier distribution between 9 a.m. and 5 p.m., Monday Aerospace Engineer, Large Aircraft system (OCCDS) and replacement of through Friday, except Federal holidays. Section, International Validation

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43504 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

Branch, FAA, 2200 South 216th St., Des 0027) are affected by the unsafe because the FAA evaluated all pertinent Moines, WA 98198. Any commentary condition. The applicability of EASA information and determined an unsafe that the FAA receives which is not AD 2020–0092 refers to the same serial condition exists and is likely to exist or specifically designated as CBI will be numbers as those specified in Airbus develop on other products of the same placed in the public docket for this Service Bulletin A330–35–3054, dated type design. rulemaking. September 25, 2018. This proposed AD was prompted by Proposed AD Requirements Discussion reports of cracked flexible hoses of the This proposed AD would require The FAA issued AD 2019–14–09, OCCDS on Model A330 freighter accomplishing the actions specified in Amendment 39–19687 (84 FR 37957, airplanes and the FAA’s determination EASA AD 2020–0092 described August 5, 2019) (‘‘AD 2019–14–09’’), that all affected parts must be replaced previously, as incorporated by which applies to all Airbus SAS Model with improved flexible oxygen hoses in reference, except for any differences A330–200 Freighter series airplanes. AD order to address the unsafe condition. identified as exceptions in the 2019–14–09 requires repetitive detailed The FAA is proposing this AD to regulatory text of this AD. inspections, including functional address cracked oxygen hoses. This Explanation of Required Compliance testing, of the OCCDS and replacement condition, if not addressed, could lead Information of affected part(s) if necessary. The FAA to oxygen leakage in the flexible hose of issued AD 2019–14–09 to address the OCCDS, which, in combination with In the FAA’s ongoing efforts to cracked oxygen hoses. This condition, if in-flight depressurization, smoke in the improve the efficiency of the AD not addressed, could lead to oxygen flight deck, or a smoke evacuation process, the FAA initially worked with leakage in the flexible hose of the procedure, could result in crew injury Airbus and EASA to develop a process OCCDS, which, in combination with and reduced control of the airplane. See to use certain EASA ADs as the primary inflight depressurization, smoke in the the MCAI for additional background source of information for compliance flight deck, or a smoke evacuation information. with requirements for corresponding procedure, could result in crew injury Explanation of Retained Requirements FAA ADs. The FAA has since and reduced control of the airplane. coordinated with other manufacturers Although this proposed AD does not and civil aviation authorities (CAAs) to Actions Since AD 2019–14–09 Was explicitly restate the requirements of AD use this process. Issued 2019–14–09, this proposed AD would As a result, EASA AD 2020–0092 will retain all of the requirements of AD Since AD 2019–14–09 was issued, be incorporated by reference in the FAA 2019–14–09. Those requirements are improved flexible oxygen hoses were final rule. This proposed AD would, referenced in EASA AD 2020–0092, developed, and Airbus issued additional therefore, require compliance with which, in turn, is referenced in service information providing EASA AD 2020–0092 in its entirety, paragraph (g) of this proposed AD. instructions for modifying an airplane through that incorporation, except for by replacing all affected parts with Related IBR Material Under 1 CFR Part any differences identified as exceptions improved flexible oxygen hoses. 51 in the regulatory text of this proposed The EASA, which is the Technical EASA AD 2020–0092 describes AD. Using common terms that are the Agent for the Member States of the procedures for repetitive detailed same as the heading of a particular European Union, has issued EASA AD inspections, including functional section in the EASA AD does not mean 2020–0092, dated April 24, 2020 testing, of the OCCDS, replacement of that operators need comply only with (‘‘EASA AD 2020–0092’’) (also referred affected part(s) if necessary, and that section. For example, where the AD to as the Mandatory Continuing modification of the airplane by requirement refers to ‘‘all required Airworthiness Information, or ‘‘the replacing all remaining affected parts actions and compliance times,’’ MCAI’’), to correct an unsafe condition with improved serviceable parts. This compliance with this AD requirement is for certain Airbus SAS Model A330– material is reasonably available because not limited to the section titled 223F and A330–243F airplanes. EASA the interested parties have access to it ‘‘Required Action(s) and Compliance AD 2020–0092 supersedes EASA AD through their normal course of business Time(s)’’ in the EASA AD. Service 2019–0027, dated February 4, 2019 or by the means identified in the information specified in EASA AD (‘‘EASA AD 2019–0027’’) (which ADDRESSES section. 2020–0092 that is required for corresponds to FAA AD 2019–14–09). compliance with EASA AD 2020–0092 EASA AD 2020–0092 clarified the FAA’s Determination and Requirements will be available on the internet at applicability by identifying airplanes of This Proposed AD https://www.regulations.gov by having certain serial numbers instead of This product has been approved by searching for and locating Docket No. specifying all airplanes because it was the aviation authority of another FAA–2020–0583 after the FAA final determined that only airplanes having country, and is approved for operation rule is published. serial numbers identified in Airbus in the United States. Pursuant to our Costs of Compliance Service Bulletin A330–35–3054, dated bilateral agreement with the State of September 25, 2018 (which was referred Design Authority, the FAA has been The FAA estimates that this proposed to as the appropriate source of service notified of the unsafe condition AD affects 6 airplanes of U.S. registry. information for accomplishing the described in the MCAI referenced The FAA estimates the following costs actions specified in EASA AD 2019– above. The FAA is proposing this AD to comply with this proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Retained actions from AD 2019–14–09 ...... 14 work-hours × $85 per hour = $1,190 ...... $0 $1,190 ...... $7,140

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43505

ESTIMATED COSTS FOR REQUIRED ACTIONS—Continued

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

New proposed actions...... Up to 26 work-hours × $85 per hour = 9,800 Up to $12,010 .. 72,060 $2,210.

According to the manufacturer, some List of Subjects in 14 CFR Part 39 (f) Compliance or all of the costs of this proposed AD Comply with this AD within the may be covered under warranty, thereby Air transportation, Aircraft, Aviation compliance times specified, unless already reducing the cost impact on affected safety, Incorporation by reference, done. Safety. individuals. The FAA does not control (g) Requirements warranty coverage for affected The Proposed Amendment Except as specified in paragraph (h) of this individuals. As a result, the FAA has AD: Comply with all required actions and included all known costs in our cost Accordingly, under the authority compliance times specified in, and in estimate. delegated to me by the Administrator, accordance with, EASA AD 2020–0092. the FAA proposes to amend 14 CFR part (h) Exceptions to EASA AD 2020–0092 Authority for This Rulemaking 39 as follows: (1) Where EASA AD 2020–0092 refers to its Title 49 of the United States Code PART 39—AIRWORTHINESS effective date, this AD requires using the specifies the FAA’s authority to issue DIRECTIVES effective date of this AD. rules on aviation safety. Subtitle I, (2) Where EASA AD 2020–0092 refers to section 106, describes the authority of February 18, 2019 (the effective date of EASA ■ 1. The authority citation for part 39 the FAA Administrator. Subtitle VII: AD 2019–0027), this AD requires using continues to read as follows: September 9, 2019 (the effective date of AD Aviation Programs, describes in more 2019–14–09). detail the scope of the Agency’s Authority: 49 U.S.C. 106(g), 40113, 44701. (3) The ‘‘Remarks’’ section of EASA AD authority. § 39.13 [Amended] 2020–0092 does not apply to this AD. The FAA is issuing this rulemaking (i) Other FAA AD Provisions ■ 2. The FAA amends § 39.13 by under the authority described in The following provisions also apply to this Subtitle VII, Part A, Subpart III, Section removing Airworthiness Directive (AD) 2019–14–09, Amendment 39–19687 (84 AD: 44701: ‘‘General requirements.’’ Under (1) Alternative Methods of Compliance that section, Congress charges the FAA FR 37957, August 5, 2019), and adding (AMOCs): The Manager, Large Aircraft with promoting safe flight of civil the following new AD: Section, International Validation Branch, aircraft in air commerce by prescribing Airbus SAS: Docket No. FAA–2020–0583; FAA, has the authority to approve AMOCs regulations for practices, methods, and Product Identifier 2020–NM–071–AD. for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with procedures the Administrator finds (a) Comments Due Date 14 CFR 39.19, send your request to your necessary for safety in air commerce. The FAA must receive comments by principal inspector or local Flight Standards This regulation is within the scope of August 31, 2020. District Office, as appropriate. If sending that authority because it addresses an information directly to the Large Aircraft unsafe condition that is likely to exist or (b) Affected ADs Section, International Validation Branch, develop on products identified in this This AD replaces AD 2019–14–09, send it to the attention of the person rulemaking action. Amendment 39–19687 (84 FR 37957, August identified in paragraph (j)(2) of this AD. 5, 2019) (‘‘AD 2019–14–09’’). Information may be emailed to: 9-ANM-116- Regulatory Findings [email protected]. Before using (c) Applicability any approved AMOC, notify your appropriate The FAA determined that this This AD applies to Airbus SAS Model principal inspector, or lacking a principal proposed AD would not have federalism A330–223F and –243F airplanes, certificated inspector, the manager of the local flight implications under Executive Order in any category, as identified in European standards district office/certificate holding district office. 13132. This proposed AD would not Union Aviation Safety Agency (EASA) AD (2) Contacting the Manufacturer: For any 2020–0092, dated April 24, 2020 (‘‘EASA AD have a substantial direct effect on the requirement in this AD to obtain instructions States, on the relationship between the 2020–0092’’). from a manufacturer, the instructions must national Government and the States, or (d) Subject be accomplished using a method approved on the distribution of power and by the Manager, Large Aircraft Section, responsibilities among the various Air Transport Association (ATA) of International Validation Branch, FAA; or America Code 35, Oxygen. levels of government. EASA; or Airbus SAS’s EASA Design (e) Reason Organization Approval (DOA). If approved by For the reasons discussed above, I the DOA, the approval must include the certify this proposed regulation: This AD was prompted by reports of DOA-authorized signature. cracked flexible hoses of the oxygen crew (3) Required for Compliance (RC): For any (1) Is not a ‘‘significant regulatory and courier distribution system (OCCDS) on action’’ under Executive Order 12866, service information referenced in EASA AD Model A330 freighter airplanes. The FAA is 2020–0092 that contains RC procedures and (2) Will not affect intrastate aviation proposing this AD to address cracked oxygen tests: Except as required by paragraph (i)(2) in Alaska, and hoses. This condition, if not addressed, could of this AD, RC procedures and tests must be lead to oxygen leakage in the flexible hose of (3) Will not have a significant done to comply with this AD; any procedures the OCCDS, which, in combination with in- or tests that are not identified as RC are economic impact, positive or negative, flight depressurization, smoke in the flight recommended. Those procedures and tests on a substantial number of small entities deck, or a smoke evacuation procedure, that are not identified as RC may be deviated under the criteria of the Regulatory could result in crew injury and reduced from using accepted methods in accordance Flexibility Act. control of the airplane. with the operator’s maintenance or

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43506 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

inspection program without obtaining flange (flange), and depending on the Hillwood Pkwy., Fort Worth, TX 76177; approval of an AMOC, provided the outcome, replacing the M/R mast. Since telephone 817–222–5110; email procedures and tests identified as RC can be the FAA issued AD 97–26–02, it has [email protected]. done and the airplane can be put back in an been determined that a certain SUPPLEMENTARY INFORMATION: airworthy condition. Any substitutions or reinforced M/R mast is not affected by changes to procedures or tests identified as Comments Invited RC require approval of an AMOC. this unsafe condition. This proposed AD would retain the requirements of AD The FAA invites you to participate in (j) Related Information 97–26–02 and remove the reinforced M/ this rulemaking by submitting written (1) For information about EASA AD 2020– R mast from the applicability. The comments, data, or views. The most 0092, contact the EASA, Konrad-Adenauer- actions of this proposed AD are helpful comments reference a specific Ufer 3, 50668 Cologne, Germany; telephone intended to address an unsafe condition portion of the proposal, explain the +49 221 89990 6017; email ADs@ on these products. reason for any recommended change, easa.europa.eu; Internet DATES: The FAA must receive comments and include supporting data. To ensure www.easa.europa.eu. You may find this the docket does not contain duplicate EASA AD on the EASA website at https:// on this proposed AD by August 31, ad.easa.europa.eu. You may view this 2020. comments, commenters should send only one copy of written comments, or material at the FAA, Airworthiness Products ADDRESSES: You may send comments by Section, Operational Safety Branch, 2200 if comments are filed electronically, any of the following methods: commenters should submit only one South 216th St., Des Moines, WA. For • Federal eRulemaking Docket: Go to information on the availability of this time. material at the FAA, call 206–231–3195. This https://www.regulations.gov. Follow the Except for Confidential Business material may be found in the AD docket on online instructions for sending your Information (CBI) as described in the the internet at https://www.regulations.gov comments electronically. • following paragraph, and other by searching for and locating Docket No. Fax: 202–493–2251. information as described in 14 CFR • Mail: Send comments to the U.S. FAA–2020–0583. 11.35, the FAA will file in the docket all (2) For more information about this AD, Department of Transportation, Docket comments received, as well as a report contact Vladimir Ulyanov, Aerospace Operations, M–30, West Building Engineer, Large Aircraft Section, summarizing each substantive public Ground Floor, Room W12–140, 1200 contact with FAA personnel concerning International Validation Branch, FAA, 2200 New Jersey Avenue SE, Washington, DC South 216th St., Des Moines, WA 98198; this proposed rulemaking. Before acting 20590–0001. on this proposal, the FAA will consider telephone and fax 206–231–3229; email • Hand Delivery: Deliver to the [email protected]. all comments received on or before the ‘‘Mail’’ address between 9 a.m. and 5 closing date for comments. The FAA Issued on July 9, 2020. p.m., Monday through Friday, except will consider comments filed after the Lance T. Gant, Federal holidays. comment period has closed if it is Director, Compliance & Airworthiness possible to do so without incurring Division, Aircraft Certification Service. Examining the AD Docket You may examine the AD docket on expense or delay. The FAA may change [FR Doc. 2020–15334 Filed 7–16–20; 8:45 am] this proposal in light of the comments BILLING CODE 4910–13–P the internet at https:// www.regulations.gov by searching for received. and locating Docket No. FAA–2020– Confidential Business Information DEPARTMENT OF TRANSPORTATION 0696; or in person at Docket Operations Confidential Business Information between 9 a.m. and 5 p.m., Monday (CBI) is commercial or financial Federal Aviation Administration through Friday, except Federal holidays. information that is both customarily and The AD docket contains this proposed actually treated as private by its owner. 14 CFR Part 39 AD, the European Aviation Safety Under the Freedom of Information Act Agency (now European Union Aviation [Docket No. FAA–2020–0696; Product (FOIA) (5 U.S.C. 552), CBI is exempt Identifier 2018–SW–019–AD] Safety Agency) (EASA) AD, the from public disclosure. If your Transport Canada AD, any comments comments responsive to this NPRM RIN 2120–AA64 received, and other information. The contain commercial or financial street address for Docket Operations is Airworthiness Directives; Airbus information that is customarily treated listed above. Comments will be as private, that you actually treat as Helicopters Deutschland GmbH (Type available in the AD docket shortly after Certificate Previously Held by private, and that is relevant or receipt. responsive to this NPRM, it is important Eurocopter Deutschland GmbH and For service information identified in Eurocopter Canada Ltd.) Helicopters that you clearly designate the submitted this proposed rule, contact Airbus comments as CBI. Please mark each AGENCY: Federal Aviation Helicopters, 2701 N Forum Drive, Grand page of your submission containing CBI Administration (FAA), DOT. Prairie, TX 75052; telephone 972–641– as ‘‘PROPIN.’’ The FAA will treat such 0000 or 800–232–0323; fax 972–641– marked submissions as confidential ACTION: Notice of proposed rulemaking 3775; or at https://www.airbus.com/ (NPRM). under the FOIA, and they will not be helicopters/services/technical- placed in the public docket of this SUMMARY: The FAA proposes to support.html. You may view this NPRM. Submissions containing CBI supersede Airworthiness Directive (AD) referenced service information at the should be sent to Matt Fuller, Senior 97–26–02 for Eurocopter Deutschland FAA, Office of the Regional Counsel, Aviation Safety Engineer, Safety GmbH Model BO–105A, BO–105C, BO– Southwest Region, 10101 Hillwood Management Section, Rotorcraft 105S, BO–105LS A–1, and BO–105LS Pkwy, Room 6N–321, Fort Worth, TX Standards Branch, FAA, 10101 A–3 helicopters; and Eurocopter Canada 76177. Hillwood Pkwy., Fort Worth, TX 76177; Ltd. Model BO–105LS A–3 helicopters. FOR FURTHER INFORMATION CONTACT: Matt telephone 817–222–5110; email AD 97–26–02 requires a repetitive Fuller, Senior Aviation Safety Engineer, [email protected]. Any visual inspection for cracks in the Safety Management Section, Rotorcraft commentary that the FAA receives ribbed area of the main rotor (M/R) mast Standards Branch, FAA, 10101 which is not specifically designated as

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43507

CBI will be placed in the public docket 205 005, and M/R mast P/N 4639 305 Costs of Compliance for this rulemaking. 002 of M/R mast assembly P/N 4639 205 The FAA estimates that this proposed 017. With the transfer of type certificate Discussion AD would affect 21 helicopters of U.S. responsibility of Eurocopter Canada Ltd. Registry. The FAA estimates that The FAA issued AD 97–26–02, Model BO–105LS A–3 helicopters, operators may incur the following costs Amendment 39–10245 (62 FR 65749, Transport Canada issued Transport in order to comply with this proposed December 16, 1997) (‘‘AD 97–26–02’’) Canada AD No. CF–1997–18R1, dated AD. Labor costs are estimated at $85 per for Eurocopter Deutschland GmbH March 12, 2018, to cancel Transport Model BO–105A, BO–105C, BO–105LS work-hour. Canada AD CF–97–18. Inspecting the flange would take A–1, and BO–105LS A–3 helicopters Also, since the FAA issued AD 97– about 0.25 work-hour for an estimated and Eurocopter Canada Ltd. Model BO– 26–02, Eurocopter Deutschland GmbH cost of $21 per helicopter and $441 for 105LS A–3 helicopters. AD 97–26–02 changed its name to Airbus Helicopters the U.S. fleet per inspection cycle. requires a repetitive visual inspection Deutschland GmbH. This proposed AD Replacing the M/R mast would take for cracks in the ribbed area of the M/ reflects that change and updates the about 8 work-hours and parts would R flange and replacing the M/R mast if contact information to obtain service cost about $30,000 for an estimated cost there is a crack. AD 97–26–02 was documentation. of $30,680 per helicopter. prompted by Luftfahrt-Bundesamt (LBA) AD 97–275, effective September FAA’s Determination Authority for This Rulemaking 25, 1997, issued by LBA, which is the These helicopters have been approved Title 49 of the United States Code airworthiness authority for Germany, to by EASA and are approved for operation specifies the FAA’s authority to issue correct an unsafe condition for in the United States. Pursuant to the rules on aviation safety. Subtitle I, Eurocopter Deutschland GmbH Model FAA’s bilateral agreement with the section 106, describes the authority of BO 105 helicopters; and Transport European Union, EASA has notified the the FAA Administrator. Subtitle VII: Canada AD No. CF–97–18, dated FAA about the unsafe condition Aviation Programs, describes in more September 30, 1997 (Transport Canada described in its AD. The FAA is detail the scope of the Agency’s AD CF–97–18), issued by Transport proposing this AD after evaluating all authority. Canada, which is the aviation authority known relevant information and The FAA is issuing this rulemaking for Canada, to correct an unsafe determining that an unsafe condition is under the authority described in condition for Eurocopter Canada Ltd. likely to exist or develop on other Subtitle VII, Part A, Subpart III, Section Model BO 105LS A–3 helicopters. The products of the same type designs. 44701: General requirements. Under LBA and Transport Canada ADs that section, Congress charges the FAA required an immediate and repetitive Related Service Information Under 1 CFR Part 51 with promoting safe flight of civil visual inspection for a crack in the aircraft in air commerce by prescribing flange area after an M/R mast was found The FAA reviewed Eurocopter regulations for practices, methods, and to have cracks of critical magnitude. The Deutschland GmbH Alert Service procedures the Administrator finds actions of AD 97–26–02 are intended to Bulletin No. ASB–BO 105–10–110, necessary for safety in air commerce. detect cracks in the flange, which could dated August 27, 1997. This service This regulation is within the scope of result in failure of the flange and information specifies procedures for that authority because it addresses an subsequent loss of control of the repetitive visual inspections of the unsafe condition that is likely to exist or helicopter. flange for cracks. develop on products identified in this Actions Since AD 97–26–02 Was Issued This service information is reasonably rulemaking action. available because the interested parties Since the FAA issued AD 97–26–02, have access to it through their normal Regulatory Findings EASA, which is the Technical Agent for course of business or by the means The FAA determined that this the Member States of the European identified in the ADDRESSES section. proposed AD would not have federalism Union, issued EASA AD No. 2018–0056, implications under Executive Order dated March 14, 2018, to correct an Proposed AD Requirements 13132. This proposed AD would not unsafe condition for Airbus Helicopters This proposed AD would require, have a substantial direct effect on the Deutschland GmbH (previously before further flight and thereafter at States, on the relationship between the Eurocopter Deutschland GmbH, intervals not to exceed 100 hours time- national Government and the States, or Eurocopter Hubschrauber GmbH, in-service, visually inspecting the flange on the distribution of power and Messerschmitt-Bo¨lkow-Blohm GmbH, in the ribbed area for a crack using a 5- responsibilities among the various Eurocopter Canada Ltd, Messerschmitt- power or higher magnifying glass. If a levels of government. Bo¨lkow-Blohm Helicopter Canada Ltd.) crack exists, this proposed AD would For the reasons discussed, I certify Model BO105 A, BO105 C, BO105 D, require removing from service the M/R this proposed regulation: BO105 LS A–1, BO105 LS A–3 and mast and replacing it with an airworthy 1. Is not a ‘‘significant regulatory BO105 S helicopters. The EASA AD M/R mast. action’’ under Executive Order 12866, advises of the transfer of type certificate 2. Will not affect intrastate aviation in responsibility of Eurocopter Canada Ltd. Differences Between This Proposed AD and the EASA AD Alaska, and Model BO–105LS A–3 helicopters to 3. Will not have a significant Eurocopter Deutschland GmbH and the The EASA AD specifies contacting economic impact, positive or negative, determination that reinforced M/R mast Airbus Helicopters if there is a crack in on a substantial number of small entities part number (P/N) 4639 305 095 of M/ the flange, whereas this proposed AD under the criteria of the Regulatory R mast assembly P/N 4639 205 017, is would require replacing the M/R mast Flexibility Act. not affected by this unsafe condition. instead. Also, the EASA AD applies to The EASA AD retains the repetitive Model BO105 D and BO105 S List of Subjects in 14 CFR Part 39 visual inspection requirements but only helicopters; the proposed AD does not Air transportation, Aircraft, Aviation for helicopters with M/R mast P/N 4619 as these model helicopters are not type- safety, Incorporation by reference, 305 032 of M/R mast assembly P/N 4638 certificated in the U.S. Safety.

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43508 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

The Proposed Amendment (2) If there is a crack, remove from service ADDRESSES: Send comments on this the cracked M/R mast and replace it with an proposal to the U.S. Department of Accordingly, under the authority airworthy M/R mast. delegated to me by the Administrator, Transportation, Docket Operations, 1200 the FAA proposes to amend 14 CFR part (g) Alternative Methods of Compliance New Jersey Avenue SE, West Building 39 as follows: (AMOCs) Ground Floor, Room W12–140, (1) The Manager, Rotorcraft Standards Washington, DC 20590; telephone: 1– PART 39—AIRWORTHINESS Branch, FAA, may approve AMOCs for this 800–647–5527, or (202) 366–9826. You DIRECTIVES AD. Send your proposal to: Matt Fuller, must identify FAA Docket No. FAA– Senior Aviation Safety Engineer, Safety 2020–0627; Airspace Docket No. 19– ■ 1. The authority citation for part 39 Management Section, Rotorcraft Standards ANM–29, at the beginning of your continues to read as follows: Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817–222–5110; comments. You may also submit Authority: 49 U.S.C. 106(g), 40113, 44701. email [email protected]. comments through the internet at (2) For operations conducted under a 14 https://www.regulations.gov. § 39.13 [Amended] CFR part 119 operating certificate or under FAA Order 7400.11D, Airspace ■ 2. The FAA amends § 39.13 by: 14 CFR part 91, subpart K, the FAA suggests Designations and Reporting Points, and ■ a. Removing Airworthiness Directive that you notify your principal inspector, or subsequent amendments can be viewed (AD) 97–26–02, Amendment 39–10245 lacking a principal inspector, the manager of online at https://www.faa.gov/air_ (62 FR 65749, December 16, 1997); and the local flight standards district office or traffic/publications/. For further ■ b. Adding the following new AD: certificate holding district office before operating any aircraft complying with this information, you can contact the Airbus Helicopters Deutschland GmbH AD through an AMOC. Airspace Policy Group, Federal Aviation (Type Certificate Previously Held by Administration, 800 Independence Eurocopter Deutschland GmbH and (h) Additional Information Avenue SW, Washington, DC 20591; Eurocopter Canada Ltd.): Docket No. The subject of this AD is addressed in telephone: (202) 267–8783. The Order is FAA–2020–0696; Product Identifier European Aviation Safety Agency (now also available for inspection at the 2018–SW–019–AD. European Union Aviation Safety Agency) (EASA) AD No. 2018–0056, dated March 14, National Archives and Records (a) Applicability 2018; and Transport Canada AD No. CF– Administration (NARA). For This AD applies to Airbus Helicopters 1997–18R1, dated March 12, 2018. You may information on the availability of FAA Deutschland GmbH Model BO–105A, BO– view the EASA and Transport Canada ADs Order 7400.11D at NARA, email 105C, BO–105S, BO–105LS A–1, and BO– on the internet at https:// [email protected] or go to https:// 105LS A–3 helicopters, certificated in any www.regulations.gov in the AD Docket. www.archives.gov/federal-register/cfr/ category, with a main rotor (M/R) mast part ibr-locations.html. number (P/N) 4619 305 032 of M/R mast (i) Subject assembly P/N 4638 205 005, or M/R mast P/ Joint Aircraft Service Component (JASC) FOR FURTHER INFORMATION CONTACT: N 4639 305 002 of M/R mast assembly P/N Code: 6230, Main Rotor Mast/Swashplate. Matthew Van Der Wal, Federal Aviation 4639 205 017. Administration, Western Service Center, Note 1 to paragraph (a) of this AD: M/R Issued on July 13, 2020. Operations Support Group, 2200 S mast assembly P/N 4639 205 017 may also Lance T. Gant, 216th Street, Des Moines, WA 98198; contain reinforced M/R mast P/N 4639 305 Director, Compliance & Airworthiness telephone (206) 231–3695. 095, which is not affected by this AD. Division, Aircraft Certification Service. SUPPLEMENTARY INFORMATION: [FR Doc. 2020–15352 Filed 7–16–20; 8:45 am] (b) Unsafe Condition Authority for This Rulemaking This AD defines the unsafe condition as BILLING CODE 4910–13–P cracks in the M/R mast flange (flange). This The FAA’s authority to issue rules condition could result in failure of the flange regarding aviation safety is found in and subsequent loss of control of the DEPARTMENT OF TRANSPORTATION Title 49 of the United States Code. helicopter. Subtitle I, Section 106 describes the Federal Aviation Administration (c) Affected ADs authority of the FAA Administrator. Subtitle VII, Aviation Programs, This AD replaces AD 97–26–02, 14 CFR Part 71 describes in more detail the scope of the Amendment 39–10245 (62 FR 65749, December 16, 1997). [Docket No. FAA–2020–0627; Airspace agency’s authority. This rulemaking is Docket No. 19–ANM–29] promulgated under the authority (d) Comments Due Date described in Subtitle VII, Part A, RIN 2120–AA66 The FAA must receive comments by Subpart I, Section 40103. Under that August 31, 2020. Proposed Establishment of Class E section, the FAA is charged with (e) Compliance Airspace; Granby, CO prescribing regulations to assign the use of airspace necessary to ensure the You are responsible for performing each AGENCY: Federal Aviation safety of aircraft and the efficient use of action required by this AD within the Administration (FAA), DOT. specified compliance time unless it has airspace. This regulation is within the already been accomplished prior to that time. ACTION: Notice of proposed rulemaking scope of that authority, as it would (NPRM). establish Class E airspace at Granby- (f) Required Actions Grand County Airport, Granby, CO, to SUMMARY: (1) Before further flight and thereafter at This action proposes to support instrument flight rules (IFR) intervals not to exceed 100 hours time-in- establish Class E airspace, extending operations at the airport. service, visually inspect the flange in the upward from 700 feet above the surface, ribbed area for cracks using a 5-power or at Granby-Grand County Airport. This Comments Invited higher magnifying glass in accordance with action would ensure the safety and paragraphs 2.A.1. and 2.A.2. of the Interested parties are invited to management of IFR operations at the participate in this proposed rulemaking Accomplishment Instructions in Eurocopter airport. Deutschland GmbH Alert Service Bulletin by submitting such written data, views, No. ASB–BO 105–10–110, dated August 27, DATES: Comments must be received on or arguments, as they may desire. 1997. or before August 31, 2020. Comments that provide the factual basis

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43509

supporting the views and suggestions Class A, B, C, D, and E airspace areas, Environmental Review presented are particularly helpful in air traffic service routes, and reporting developing reasoned regulatory points. This proposal will be subject to an decisions on the proposal. Comments environmental analysis in accordance are specifically invited on the overall The Proposal with FAA Order 1050.1F, regulatory, aeronautical, economic, ‘‘Environmental Impacts: Policies and The FAA is proposing an amendment environmental, and energy-related Procedures’’ prior to any FAA final to Title 14 Code of Federal Regulations aspects of the proposal. regulatory action. (14 CFR) Part 71 by establishing Class E Communications should identify both airspace, extending upward from 700 docket numbers and be submitted in List of Subjects in 14 CFR Part 71 feet above the surface, at Granby-Grand triplicate to the address listed above. Airspace, Incorporation by reference, Persons wishing the FAA to County Airport. This area is designed to Navigation (air). acknowledge receipt of their comments contain IFR departures to 1,200 feet on this notice must submit with those above the surface and IFR arrivals The Proposed Amendment comments a self-addressed, stamped descending below 1,500 feet above the postcard on which the following surface. This airspace area would be Accordingly, pursuant to the statement is made: ‘‘Comments to described as follows: That airspace authority delegated to me, the Federal Docket No. FAA–2020–0627; Airspace extending upward from 700 feet above Aviation Administration proposes to Docket No. 19–ANM–29’’. The postcard the surface within a 3.5-mile radius of amend 14 CFR part 71 as follows: will be date/time stamped and returned the airport, and within 2.2 miles north to the commenter. and 1.6 miles south of the 110° bearing PART 71—DESIGNATION OF CLASS A, All communications received before from the airport, extending from the 3.5- B, C, D, AND E AIRSPACE AREAS; AIR the specified closing date for comments mile radius to 4.7 miles east of the TRAFFIC SERVICE ROUTES; AND will be considered before taking action airport, and within 2.1 miles north and REPORTING POINTS on the proposed rule. The proposal 2.4 miles south of the 276° bearing from contained in this notice may be changed the airport, extending from the 3.5-mile ■ 1. The authority citation for 14 CFR in light of the comments received. A radius to 4.3 miles west of the Granby- part 71 continues to read as follows: report summarizing each substantive Grand County Airport. Authority: 49 U.S.C. 106(f), 106(g), 40103, public contact with FAA personnel Class E5 airspace designations are concerned with this rulemaking will be 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, published in paragraph 6005 of FAA 1959–1963 Comp., p. 389. filed in the docket. Order 7400.11D, dated August 8, 2019, Availability of NPRMs and effective September 15, 2019, which § 71.1 [Amended] is incorporated by reference in 14 CFR An electronic copy of this document ■ 2. The incorporation by reference in 71.1. The Class E airspace designations may be downloaded through the 14 CFR 71.1 of FAA Order 7400.11D, listed in this document will be internet at https://www.regulations.gov. Airspace Designations and Reporting published subsequently in the Order. Recently published rulemaking Points, dated August 8, 2019, and documents can also be accessed through FAA Order 7400.11, Airspace effective September 15, 2019, is the FAA’s web page at https:// Designations and Reporting Points, is amended as follows: www.faa.gov/air_traffic/publications/ published yearly and effective on airspace_amendments/. September 15. Paragraph 6005 Class E Airspace Areas You may review the public docket Extending Upward From 700 Feet or More containing the proposal, any comments Regulatory Notices and Analyses Above the Surface of the Earth. received, and any final disposition in * * * * * The FAA has determined that this person in the Dockets Office (see the regulation only involves an established ANM CO E5 Granby, CO [New] ADDRESSES section for the address and body of technical regulations for which phone number) between 9:00 a.m. and Granby-Grand County Airport, CO frequent and routine amendments are ° ′ ″ ° ′ ″ 5:00 p.m., Monday through Friday, (lat. 40 05 24 N, long. 105 55 00 W) except federal holidays. An informal necessary to keep them operationally That airspace extending upward from 700 docket may also be examined during current, is non-controversial, and feet above the surface within a 3.5-mile normal business hours at the Northwest unlikely to result in adverse or negative radius of the airport, and within 2.2 miles Mountain Regional Office of the Federal comments. It, therefore: (1) Is not a north and 1.6 miles south of the 110° bearing Aviation Administration, Air Traffic ‘‘significant regulatory action’’ under from the airport, extending from the 3.5-mile Organization, Western Service Center, Executive Order 12866; (2) is not a radius to 4.7 miles east of the airport, and Operations Support Group, 2200 S ‘‘significant rule’’ under DOT within 2.1 miles north and 2.4 miles south 216th Street, Des Moines, WA 98198. Regulatory Policies and Procedures (44 of the 276° bearing from the airport, FR 11034; February 26, 1979); and (3) extending from the 3.5-mile radius to 4.3 Availability and Summary of does not warrant preparation of a miles west of the Granby-Grand County Documents for Incorporation by regulatory evaluation as the anticipated Airport. Reference impact is so minimal. Since this is a This document proposes to amend routine matter that will only affect air Issued in Seattle, Washington, on July 13, FAA Order 7400.11D, Airspace traffic procedures and air navigation, it 2020. Designations and Reporting Points, is certified that this rule, when B.G. Chew, dated August 8, 2019, and effective promulgated, would not have a September 15, 2019. FAA Order significant economic impact on a Acting Group Manager, Operations Support 7400.11D is publicly available as listed substantial number of small entities Group, Western Service Center. in the ADDRESSES section of this under the criteria of the Regulatory [FR Doc. 2020–15477 Filed 7–16–20; 8:45 am] document. FAA Order 7400.11D lists Flexibility Act. BILLING CODE 4910–13–P

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43510 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: concerned with this rulemaking will be Jeffrey Claypool, Federal Aviation filed in the docket. Federal Aviation Administration Administration, Operations Support Availability of NPRMs Group, Central Service Center, 10101 14 CFR Part 71 Hillwood Parkway, Fort Worth, TX An electronic copy of this document 76177; telephone (817) 222–5711. may be downloaded through the [Docket No. FAA–2020–0630; Airspace internet at https://www.regulations.gov. SUPPLEMENTARY INFORMATION: Docket No. 20–AGL–25] Recently published rulemaking Authority for This Rulemaking documents can also be accessed through RIN 2120–AA66 the FAA’s web page at https:// The FAA’s authority to issue rules _ Proposed Amendment of Class E www.faa.gov/air traffic/publications/ regarding aviation safety is found in _ Airspace; Frankfort, MI Title 49 of the United States Code. airspace amendments/. You may review the public docket Subtitle I, Section 106 describes the AGENCY: Federal Aviation containing the proposal, any comments authority of the FAA Administrator. Administration (FAA), DOT. received, and any final disposition in Subtitle VII, Aviation Programs, person in the Dockets Office (see the ACTION: Notice of proposed rulemaking describes in more detail the scope of the ADDRESSES section for the address and (NPRM). agency’s authority. This rulemaking is phone number) between 9:00 a.m. and promulgated under the authority SUMMARY: This action proposes to 5:00 p.m., Monday through Friday, described in Subtitle VII, Part A, amend the Class E airspace extending except federal holidays. An informal Subpart I, Section 40103. Under that upward from 700 feet above the surface docket may also be examined during section, the FAA is charged with at Frankfort Dow Memorial Field normal business hours at the Federal prescribing regulations to assign the use Airport, Frankfort, MI. The FAA is Aviation Administration, Air Traffic of airspace necessary to ensure the proposing this action as the result of an Organization, Central Service Center, safety of aircraft and the efficient use of airspace review caused by the Operations Support Group, 10101 airspace. This regulation is within the cancellation of instrument procedures at Hillwood Parkway, Fort Worth, TX scope of that authority as it would the airport. The geographic coordinates 76177. of the airport would also be updated to amend the Class E airspace extending coincide with the FAA’s aeronautical upward from 700 feet above the surface Availability and Summary of database. at Frankfort Dow Memorial Field Documents for Incorporation by Airport, Frankfort, MI, to support Reference DATES: Comments must be received on instrument flight rule operations at this This document proposes to amend or before August 31, 2020. airport. FAA Order 7400.11D, Airspace ADDRESSES: Send comments on this Comments Invited Designations and Reporting Points, proposal to the U.S. Department of dated August 8, 2019, and effective Transportation, Docket Operations, Interested parties are invited to September 15, 2019. FAA Order West Building Ground Floor, Room participate in this proposed rulemaking 7400.11D is publicly available as listed W12–140, 1200 New Jersey Avenue SE, by submitting such written data, views, in the ADDRESSES section of this Washington, DC 20590; telephone (202) or arguments, as they may desire. document. FAA Order 7400.11D lists 366–9826, or (800) 647–5527. You must Comments that provide the factual basis Class A, B, C, D, and E airspace areas, identify FAA Docket No. FAA–2020– supporting the views and suggestions air traffic service routes, and reporting 0630/Airspace Docket No. 20–AGL–25, presented are particularly helpful in points. at the beginning of your comments. You developing reasoned regulatory may also submit comments through the decisions on the proposal. Comments The Proposal internet at https://www.regulations.gov. are specifically invited on the overall The FAA is proposing an amendment You may review the public docket regulatory, aeronautical, economic, to Title 14 Code of Federal Regulations containing the proposal, any comments environmental, and energy-related (14 CFR) part 71 by amending the Class received, and any final disposition in aspects of the proposal. E airspace extending upward from 700 person in the Dockets Office between Communications should identify both feet above the surface to within a 7.2- 9:00 a.m. and 5:00 p.m., Monday docket numbers and be submitted in mile (increased from a 6.4-mile) radius through Friday, except federal holidays. triplicate to the address listed above. of Frankfort Dow Memorial Field FAA Order 7400.11D, Airspace Commenters wishing the FAA to Airport, Frankfort, MI; removing the Designations and Reporting Points, and acknowledge receipt of their comments Manistee VOR/DME and associated subsequent amendments can be viewed on this notice must submit with those extension from the airspace legal online at https://www.faa.gov/air_ comments a self-addressed, stamped description, as it is no longer required; traffic/publications/. For further postcard on which the following and updating the geographic information, you can contact the statement is made: ‘‘Comments to coordinates of the airport to coincide Airspace Policy Group, Federal Aviation Docket No. FAA–2020–0630/Airspace with the FAA’s aeronautical database. Administration, 800 Independence Docket No. 20–AGL–25.’’ The postcard This action is the result of an airspace Avenue SW, Washington, DC 20591; will be date/time stamped and returned review caused by the cancellation of telephone: (202) 267–8783. The Order is to the commenter. instrument procedures at this airport. also available for inspection at the All communications received before Class E airspace designations are National Archives and Records the specified closing date for comments published in paragraph 6005 of FAA Administration (NARA). For will be considered before taking action Order 7400.11D, dated August 8, 2019, information on the availability of FAA on the proposed rule. The proposal and effective September 15, 2019, which Order 7400.11D at NARA, email: contained in this notice may be changed is incorporated by reference in 14 CFR [email protected] or go to https:// in light of the comments received. A 71.1. The Class E airspace designations www.archives.gov/federal-register/cfr/ report summarizing each substantive listed in this document will be ibr-locations.html. public contact with FAA personnel published subsequently in the Order.

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43511

FAA Order 7400.11, Airspace Paragraph 6005 Class E Airspace Areas traffic/publications/. For further Designations and Reporting Points, is Extending Upward From 700 Feet or More information, you can contact the published yearly and effective on Above the Surface of the Earth Airspace Policy Group, Federal Aviation September 15. * * * * * Administration, 800 Independence Avenue SW, Washington, DC 20591; Regulatory Notices and Analyses AGL MI E5 Frankfort, MI [Amended] telephone: (202) 267–8783. The Order is Frankfort Dow Memorial Field Airport, MI The FAA has determined that this (Lat. 44°37′31″ N, long. 86°12′03″ W) also available for inspection at the National Archives and Records regulation only involves an established That airspace extending upward from 700 body of technical regulations for which feet above the surface within a 7.2-mile Administration (NARA). For frequent and routine amendments are radius of the Frankfort Dow Memorial Field information on the availability of FAA necessary to keep them operationally Airport. Order 7400.11D at NARA, email [email protected] or go to https:// current, is non-controversial and Issued in Fort Worth, Texas, on July 13, unlikely to result in adverse or negative 2020. www.archives.gov/federal-register/cfr/ ibr-locations.html. comments. It, therefore: (1) Is not a Martin A. Skinner, FOR FURTHER INFORMATION CONTACT: ‘‘significant regulatory action’’ under Acting Manager, Operations Support Group, Executive Order 12866; (2) is not a ATO Central Service Center. Matthew Van Der Wal, Federal Aviation ‘‘significant rule’’ under DOT Administration, Western Service Center, Regulatory Policies and Procedures (44 [FR Doc. 2020–15365 Filed 7–16–20; 8:45 am] Operations Support Group, 2200 S FR 11034; February 26, 1979); and (3) BILLING CODE 4910–13–P 216th Street, Des Moines, WA 98198; does not warrant preparation of a telephone (206) 231–3695. regulatory evaluation as the anticipated SUPPLEMENTARY INFORMATION: impact is so minimal. Since this is a DEPARTMENT OF TRANSPORTATION Authority for This Rulemaking routine matter that will only affect air Federal Aviation Administration traffic procedures and air navigation, it The FAA’s authority to issue rules is certified that this rule, when 14 CFR Part 71 regarding aviation safety is found in promulgated, would not have a Title 49 of the United States Code. significant economic impact on a [Docket No. FAA–2020–0626; Airspace Subtitle I, Section 106 describes the substantial number of small entities Docket No. 20–ANM–23] authority of the FAA Administrator. under the criteria of the Regulatory RIN 2120–AA66 Subtitle VII, Aviation Programs, Flexibility Act. describes in more detail the scope of the Proposed Amendment of Class E agency’s authority. This rulemaking is Environmental Review Airspace; Leadville, CO promulgated under the authority described in Subtitle VII, Part A, This proposal will be subject to an AGENCY: Federal Aviation Subpart I, Section 40103. Under that environmental analysis in accordance Administration (FAA), DOT. with FAA Order 1050.1F, section, the FAA is charged with ACTION: Notice of proposed rulemaking ‘‘Environmental Impacts: Policies and prescribing regulations to assign the use (NPRM). Procedures’’ prior to any FAA final of airspace necessary to ensure the regulatory action. SUMMARY: This action proposes to safety of aircraft and the efficient use of airspace. This regulation is within the List of Subjects in 14 CFR Part 71 modify Class E airspace, extending upward from 700 feet above the surface, scope of that authority, as it would Airspace, Incorporation by reference, at Lake County Airport by reducing the amend Class E airspace at Lake County Navigation (air). overall dimensions of the area. Also, Airport, Leadville, CO, to support this action proposes to make an instrument flight rules (IFR) operations The Proposed Amendment administrative amendment to the at the airport. Accordingly, pursuant to the airport’s geographic coordinates. This Comments Invited action would ensure the safety and authority delegated to me, the Federal Interested parties are invited to management of IFR operations at the Aviation Administration proposes to participate in this proposed rulemaking airport. amend 14 CFR part 71 as follows: by submitting such written data, views, DATES: Comments must be received on or arguments, as they may desire. PART 71—DESIGNATION OF CLASS A, or before August 31, 2020. Comments that provide the factual basis B, C, D, AND E AIRSPACE AREAS; AIR ADDRESSES: Send comments on this supporting the views and suggestions TRAFFIC SERVICE ROUTES; AND proposal to the U.S. Department of presented are particularly helpful in REPORTING POINTS Transportation, Docket Operations, 1200 developing reasoned regulatory New Jersey Avenue SE, West Building decisions on the proposal. Comments ■ 1. The authority citation for 14 CFR Ground Floor, Room W12–140, are specifically invited on the overall part 71 continues to read as follows: Washington, DC 20590; telephone: 1– regulatory, aeronautical, economic, Authority: 49 U.S.C. 106(f), 106(g); 40103, 800–647–5527, or (202) 366–9826. You environmental, and energy-related 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, must identify FAA Docket No. FAA– aspects of the proposal. 1959–1963 Comp., p. 389. 2020–0626; Airspace Docket No. 20– Communications should identify both docket numbers and be submitted in § 71.1 [Amended] ANM–23, at the beginning of your comments. You may also submit triplicate to the address listed above. ■ 2. The incorporation by reference in comments through the internet at Persons wishing the FAA to 14 CFR 71.1 of FAA Order 7400.11D, https://www.regulations.gov. acknowledge receipt of their comments Airspace Designations and Reporting FAA Order 7400.11D, Airspace on this notice must submit with those Points, dated August 8, 2019, and Designations and Reporting Points, and comments a self-addressed, stamped effective September 15, 2019, is subsequent amendments can be viewed postcard on which the following amended as follows: online at https://www.faa.gov/air_ statement is made: ‘‘Comments to

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43512 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

Docket No. FAA–2020–0626; Airspace follows: That airspace extending PART 71—DESIGNATION OF CLASS A, Docket No. 20–ANM–23’’. The postcard upward from 700 feet above the surface B, C, D, AND E AIRSPACE AREAS; AIR will be date/time stamped and returned within a 3.5-mile radius of the airport, TRAFFIC SERVICE ROUTES; AND to the commenter. and within 3 miles each side of the 164° REPORTING POINTS All communications received before bearing from the airport, extending from the specified closing date for comments the 3.5-mile radius to 14.5 miles south ■ 1. The authority citation for 14 CFR will be considered before taking action of the airport, and within 2.7 miles each part 71 continues to read as follows: on the proposed rule. The proposal side of the 350° bearing from the airport, Authority: 49 U.S.C. 106(f), 106(g), 40103, contained in this notice may be changed extending from the 3.5-mile radius to 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, in light of the comments received. A 14.7 miles north of Lake County Airport. 1959–1963 Comp., p. 389. report summarizing each substantive Also, this action proposes to update public contact with FAA personnel the airport’s geographic coordinates to § 71.1 [Amended] concerned with this rulemaking will be ‘‘lat. 39°13′10″ N, long. 106°18′59″ W.’’ ■ 2. The incorporation by reference in filed in the docket. Class E5 airspace designations are 14 CFR 71.1 of FAA Order 7400.11D, published in paragraph 6005 of FAA Airspace Designations and Reporting Availability of NPRMs Order 7400.11D, dated August 8, 2019, Points, dated August 8, 2019, and An electronic copy of this document and effective September 15, 2019, which effective September 15, 2019, is may be downloaded through the is incorporated by reference in 14 CFR amended as follows: internet at https://www.regulations.gov. 71.1. The Class E airspace designations Paragraph 6005 Class E Airspace Areas Recently published rulemaking listed in this document will be Extending Upward From 700 Feet or More documents can also be accessed through published subsequently in the Order. Above the Surface of the Earth. the FAA’s web page at https:// FAA Order 7400.11, Airspace * * * * * www.faa.gov/air_traffic/publications/ Designations and Reporting Points, is airspace_amendments/. published yearly and effective on ANM CO E5 Leadville, CO [Amended] You may review the public docket September 15. Lake County Airport, CO containing the proposal, any comments (lat. 39°13′10″ N, long. 106°18′59″ W) received, and any final disposition in Regulatory Notices and Analyses That airspace extending upward from 700 person in the Dockets Office (see the The FAA has determined that this feet above the surface within a 3.5-mile ADDRESSES section for the address and regulation only involves an established radius of the airport, and within 3 miles each ° phone number) between 9:00 a.m. and body of technical regulations for which side of the 164 bearing from the airport, 5:00 p.m., Monday through Friday, frequent and routine amendments are extending from the 3.5-mile radius to 14.5 except federal holidays. An informal necessary to keep them operationally miles south of the airport, and within 2.7 miles each side of the 350° bearing from the docket may also be examined during current, is non-controversial, and airport, extending from the 3.5-mile radius to normal business hours at the Northwest unlikely to result in adverse or negative 14.7 miles north of Lake County Airport. Mountain Regional Office of the Federal comments. It, therefore: (1) Is not a Aviation Administration, Air Traffic ‘‘significant regulatory action’’ under Issued in Seattle, Washington, on July 13, Organization, Western Service Center, Executive Order 12866; (2) is not a 2020. Operations Support Group, 2200 S ‘‘significant rule’’ under DOT Byron G. Chew, 216th Street, Des Moines, WA 98198. Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) Acting Group Manager, Operations Support Availability and Summary of Group, Western Service Center. does not warrant preparation of a Documents for Incorporation by [FR Doc. 2020–15432 Filed 7–16–20; 8:45 am] Reference regulatory evaluation as the anticipated impact is so minimal. Since this is a BILLING CODE 4910–13–P This document proposes to amend routine matter that will only affect air FAA Order 7400.11D, Airspace traffic procedures and air navigation, it Designations and Reporting Points, is certified that this rule, when DEPARTMENT OF THE TREASURY dated August 8, 2019, and effective promulgated, would not have a Internal Revenue Service September 15, 2019. FAA Order significant economic impact on a 7400.11D is publicly available as listed substantial number of small entities 26 CFR Part 1 in the ADDRESSES section of this under the criteria of the Regulatory document. FAA Order 7400.11D lists Flexibility Act. [REG–113295–18] Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting Environmental Review RIN 1545–BO87 points. This proposal will be subject to an Effect of Section 67(g) on Trusts and The Proposal environmental analysis in accordance Estates; Hearing with FAA Order 1050.1F, The FAA is proposing an amendment ‘‘Environmental Impacts: Policies and AGENCY: Internal Revenue Service (IRS), to Title 14 Code of Federal Regulations Procedures’’ prior to any FAA final Treasury. (14 CFR) Part 71 by amending Class E regulatory action. ACTION: Proposed rule; notice of hearing. airspace, extending upward from 700 feet above the surface, at Lake County List of Subjects in 14 CFR Part 71 SUMMARY: This document provides a Airport. The area is larger than required Airspace, Incorporation by reference, notice of public hearing on proposed to contain IFR aircraft on the instrument Navigation (air). regulations clarifying that certain procedures published for the airport. deductions allowed to an estate or non- This area is designed to contain IFR The Proposed Amendment grantor trust are not miscellaneous departures to 1,200 feet above the Accordingly, pursuant to the itemized deductions and thus are not surface and IFR arrivals descending authority delegated to me, the Federal affected by the suspension of the below 1,500 feet above the surface. This Aviation Administration proposes to deductibility of miscellaneous itemized airspace area would be described as amend 14 CFR part 71 as follows: deductions for taxable years beginning

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43513

after December 31, 2017 and before FOR FURTHER INFORMATION CONTACT: regulations and to aid the Department in January 1, 2026. The proposed Concerning the proposed regulations, its administration of the FMLA. The regulations also provide guidance on Margaret Burow, (202) 317–5279; information provided will help the determining the character, amount, and concerning submissions of comments, Department identify topics for which allocation of deductions in excess of the hearing, and the access code to additional compliance assistance could gross income succeeded to by a attend the hearing by teleconferencing, be helpful, including opportunities for beneficiary on the termination of an Regina Johnson at (202) 317–5177 (not outreach to ensure employers are aware estate or non-grantor trust. toll-free numbers) or publichearings@ of their obligations under the law and DATES: The public hearing is being held irs.gov. If emailing please put Attend, employees are informed about their on Wednesday, August 12, 2020 at 10:00 Testify, or Agenda Request and [REG– rights and responsibilities in using a.m. The IRS must receive speakers’ 113295–18] in the email subject line. FMLA leave. outlines of the topics to be discussed at SUPPLEMENTARY INFORMATION: DATES: Submit written comments on or the public hearing by Wednesday, July The subject of the public hearing is before September 15, 2020. 29, 2020. If no outlines are received by the notice of proposed rulemaking REG– ADDRESSES: To facilitate the receipt and July 29, 2020, the public hearing will be 113295–18 that was published in the processing of written comments on this cancelled. Federal Register on Monday, May 11, RFI, the Department encourages 2020, 85 FR 27693. ADDRESSES: interested persons to submit their The public hearing is being The rules of 26 CFR 601.601(a)(3) held by teleconference. Individuals who comments electronically. You may apply to the hearing. Persons who wish submit comments, identified by want to testify (by telephone) at the to present oral comments telephonically public hearing must send an email to Regulatory Information Number (RIN) at the hearing that submitted written 1235–AA30, by either of the following [email protected] to receive the comments by June 25, 2020, must telephone number and access code for methods: submit an outline of the topics to be Electronic Comments: Follow the the hearing. The subject line of the addressed and the amount of time to be email must contain the regulation instructions for submitting comments devoted to each topic by July 29, 2020. on the Federal eRulemaking Portal number [REG–113295–18] and the word A period of 10 minutes is allotted to TESTIFY. For example, the subject line http://www.regulations.gov. each person for presenting oral Mail: Address written submissions to may say: Request to TESTIFY at Hearing comments. After the deadline for for REG–113295–18. The email should Amy DeBisschop, Director, Division of receiving outlines has passed, the IRS Regulations, Legislation, and also include a copy of the speaker’s will prepare an agenda containing the public comments and outline of topics. Interpretation, Wage and Hour Division, schedule of speakers. Copies of the U.S. Department of Labor, Room S– The email must be received by July 29, agenda will be made available, on 2020. 3502, 200 Constitution Avenue NW, Regulations.gov, search IRS and REG– Washington, DC 20210. Individuals who want to attend (by 113295–18, or by emailing your request Instructions: This RFI is available telephone) the public hearing must also to [email protected]. Please put through the Federal Register and the send an email to [email protected] ‘‘REG–113295–18 Agenda Request’’ in http://www.regulations.gov website. to receive the telephone number and the subject line of the email. You may also access this document via access code for the hearing. The subject Martin V. Franks, the Wage and Hour Division’s (WHD) line of the email must contain the website at http://www.dol.gov/whd/. All regulation number [REG–113295–18] Branch Chief, Publications and Regulations Branch, Legal Processing Division, Associate comment submissions must include the and the word ATTEND. For example, agency name and Regulatory the subject line may say: Request to Chief Counsel (Procedure and Administration). Information Number (RIN 1235–AA30) ATTEND Hearing for REG–113295–18. for this RFI. Response to this RFI is The email requesting to attend the [FR Doc. 2020–15019 Filed 7–16–20; 8:45 am] BILLING CODE 4830–01–P voluntary and respondents need not public hearing must be received by 5:00 reply to all questions listed below. The p.m. two (2) business days before the Department requests that no business date that the hearing is scheduled. proprietary information, copyrighted DEPARTMENT OF LABOR The telephonic hearing will be made information, individual medical accessible to people with disabilities. To Wage and Hour Division information, or personally identifiable request special assistance during the information be submitted in response to telephonic hearing please contact the 29 CFR Part 825 this RFI. Submit only one copy of your Publications and Regulations Branch of comment by only one method (e.g., the Office of Associate Chief Counsel RIN 1235–AA30 persons submitting comments (Procedure and Administration) by electronically are encouraged not to Family and Medical Leave Act of 1993 sending an email to publichearings@ submit paper copies). Anyone who irs.gov (preferred) or by telephone at AGENCY: Wage and Hour Division, U.S. submits a comment (including duplicate (202) 317–5177 (not a toll-free number) Department of Labor. comments) should understand and at least three (3) days prior to the date ACTION: Request for information. expect that the comment will become a that the telephonic hearing is matter of public record and will be scheduled. SUMMARY: The Department of Labor posted without change to http:// Any questions regarding speaking at (Department) is seeking information www.regulations.gov, including any or attending a public hearing may also from the public regarding the personal or medical information be emailed to [email protected]. regulations implementing the Family provided. All comments must be Send outline submissions and Medical Leave Act of 1993 (FMLA received by 11:59 p.m. on the date electronically via the Federal or the Act). The Department is indicated for consideration in this RFI; eRulemaking Portal at publishing this Request for Information comments received after the comment www.regulations.gov (IRS REG–113295– (RFI) to gather information concerning period closes will not be considered. 18). the effectiveness of the current Commenters should transmit comments

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43514 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

early to ensure timely receipt prior to daughter with a serious health created forms—WH–380–E, WH–380–F, the close of the comment period. condition; when the employee is unable WH–381, WH–382, WH–384, WH–385, Electronic submission via http:// to work due to the employee’s own and WH–385–V—to assist employers www.regulations.gov enables prompt serious health condition; or for any and employees in meeting their FMLA receipt of comments submitted as the qualifying exigency arising out of the notification and certification Department continues to experience fact that the employee’s spouse, son, obligations. The Department’s proposed delays in the receipt of mail in our area. daughter, or parent is a military member revisions to the forms were based on For access to the docket to read on covered active duty. See 29 U.S.C. feedback from employees, employers, background documents or comments, go 2612(a)(1). An eligible employee may and health care professionals and are to the Federal eRulemaking Portal at also take up to 26 workweeks of FMLA designed to reduce administrative http://www.regulations.gov. leave during a ‘‘single 12-month period’’ burden, increase compliance with FOR FURTHER INFORMATION CONTACT: to care for a covered servicemember regulatory requirements, and improve Amy DeBisschop, Director, Division of with a serious injury or illness when the customer service. We received 139 Regulations, Legislation, and employee is the spouse, son, daughter, comments from employers, industry Interpretation, Wage and Hour Division, parent, or next of kin of the associations, individual employees, U.S. Department of Labor, Room S– servicemember. See 29 U.S.C. worker advocacy groups, law firms, and 3502, 200 Constitution Avenue NW, 2612(a)(3). other interested members of the public Washington, DC 20210; telephone: (202) FMLA leave may be taken in a block during the notice and comment process 693–0406 (this is not a toll-free or, under certain circumstances, and made additional revisions to number). Copies of this RFI may be intermittently or on a reduced leave incorporate this feedback. Additional schedule. See 29 U.S.C. 2612(b). In obtained in alternative formats (Large revisions to incorporate that feedback addition to providing job-protected Print, braille, Audio Tape or Disc), upon are in the process of being finalized. leave, employers covered by the law The Department notes that the new request, by calling (202) 693–0675 (this must maintain for the employee any Families First Coronavirus Response is not a toll-free number). TTY/TDD preexisting group health coverage Act (FFCRA), Public Law 116–127 (Mar. callers may dial toll-free 1 (877) 889– during the leave period and, once the 18, 2020), which was passed in response 5627 to obtain information or request leave period has concluded, reinstate to the public health emergency caused materials in alternative formats. the employee to the same or an by COVID–19 and ensures that workers Questions concerning enforcement of equivalent job with equivalent are not forced to choose between their the agency’s regulations may be directed employment benefits, pay, and other paychecks and the public health to the nearest WHD district office. terms and conditions of employment. measures needed to combat the Locate the nearest office by calling the See 29 U.S.C. 2614. coronavirus, includes temporary WHD’s toll-free help line at (866) 4US– The Department issued an initial amendments to the FMLA.2 The WAGE ((866) 487–9243) between 8 a.m. interim final rule after the FMLA amended FMLA protections provided and 5 p.m. in your local time zone, or became law in 1993, 58 FR 31794, and under the FFCRA are not addressed in visit WHD’s website at http:// issued final FMLA regulations in 1995, this Request for Information, and the www.dol.gov/whd/america2.htm for a 60 FR 2180. The Department published Department does not seek comment on nationwide listing of WHD district and significant revisions to the FMLA them here. The most up-to-date area offices. regulations in 2008, 73 FR 67934, which information about the FFCRA is SUPPLEMENTARY INFORMATION: were informed, in part, by a 2006 available at https://www.dol.gov/ I. Background Request for Information, 71 FR 69504. agencies/whd/ffcra. The Department next changed the II. Request for Public Comment Administering the FMLA while FMLA regulations in 2013 to implement responding to the COVID–19 public statutory amendments affecting military The Department is aware that its health emergency is an ongoing priority family leave provisions and airline regulations need to be regularly for the Department. Workplace flight crew eligibility. 78 FR 8834. The reviewed to explore how such flexibility ensured by job-protected FMLA regulations were last updated in regulations can remain current with leave is essential to American 2015 to update the definition of spouse. workplace and demographic changes. prosperity. Workers are more productive 80 FR 9989.1 Further, the Department understands and more likely to remain employed if On August 5, 2019, the Department the need for compliance assistance, in they do not have to choose between published a Federal Register notice particular in the form of written taking care of themselves or their loved seeking public comment on proposed informational materials that provide the ones and keeping their jobs. Likewise, revisions to its optional-use FMLA public with up-to-date information businesses attract and retain the best forms. 84 FR 38061. The Department about the protections and requirements talent when they give their workers of the law in plain language. flexibility that encourages productivity 1 Additionally, the Department has regularly Extensive compliance assistance and retention. sought employer and employee feedback on the regarding the FMLA is currently In keeping with these principles, the administration and use of the FMLA through surveys designed to understand the range of 2 The FFCRA amended the FMLA to permit FMLA, 29 U.S.C. 2601 et seq., entitles perspectives on the FMLA in the U.S. The eligible employees of covered employers certain employees to take up to ten weeks of paid Department has commissioned four series of these expanded family and medical leave if the employee to take up to a total of 12 workweeks of surveys; the fourth is currently underway. is unable to work because the employee is caring job-protected, unpaid leave, or to Information about the Wave 4 FMLA surveys may for his or her son or daughter whose school or place substitute accrued paid leave, during a be found at https://www.dol.gov/asp/evaluation/ of care is closed or whose child care provider is currentstudies/Family-and-Medical-Leave-Act- unavailable for reasons related to COVID–19. This 12-month period for the birth of the Wave-4-Surveys.htm. Further, the results from the expanded family and medical leave entitlement, employee’s child; for the placement of prior Wave 3 FMLA survey (referred to as the 2012 which became effective on April 1, 2020, will a child with the employee for adoption FMLA survey elsewhere in this document) may be expire on December 31, 2020. The Department’s or foster care; to care for the newborn found at https://www.dol.gov/asp/evaluation/ regulations implementing paid leave under the completed-studies/Family_Medical_Leave_Act_ FFCRA appear at 29 CFR part 826; all references in or newly-placed child; to care for the Survey/TECHNICAL_REPORT_family_medical_ this document to FMLA regulations refer to those employee’s spouse, parent, son, or leave_act_survey.pdf. that appear at 29 CFR part 825.

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43515

available. In particular, the following questions to frame the welcomes information that will further Department’s FMLA web pages, which responses. These questions are not its understanding of FMLA serious received more than 5 million views over intended to be an exclusive list of issues health conditions so it can better the last year, contain a wealth of for which the Departments seeks effectuate the purposes of the Act. material including Frequently Asked information. 2. An employee may take FMLA leave Questions, Fact Sheets, Employee 1. A serious health condition is on an intermittent basis (i.e., taking Guides, interactive online tools, and a defined as an illness, injury, leave in separate blocks of time for a comprehensive Employer’s Guide impairment, or physical or mental single qualifying reason) or on a developed for human resource managers condition that involves either inpatient reduced leave schedule (i.e., reducing and other leave administrators. care or continuing treatment by a health the employee’s usual weekly or daily Additionally, while the requirements of care provider. See 29 U.S.C. 2611(11); work schedule) due to his or her own the FMLA are set by statute and 29 CFR 825.113–.115. The regulations serious health condition, to care for an regulations, as part of the administration outline several types of serious health immediate family member who has a of the Act, interested parties may seek conditions involving continuing serious health condition, or to care for an opinion (i.e., an official written treatment by a health care provider: (1) a covered servicemember with a serious explanation) of what the FMLA requires Incapacity and treatment, with specific illness or injury when such leave is in fact-specific situations. Opinion definitions and time-frames for the medically necessary. See 29 U.S.C. letters serve as an important means by incapacity and the treatment; (2) 2612(b); 29 CFR 825.202–.205. which the public can develop a clearer pregnancy or prenatal care; (3) chronic Information provided in the 2012 FMLA understanding of what FMLA conditions, which require, among other employer survey indicated that compliance entails. The Department has things, at least two visits for treatment unscheduled leave, particularly issued seven opinion letters 3 on FMLA- by a health care provider per year; (4) unplanned intermittent or episodic related topics since 2018. permanent or long-term conditions; and leave, was sometimes disruptive to the Nevertheless, the results of employee (5) conditions that require multiple workplace. and employer surveys continue to show treatments. See 29 CFR 825.115. Several What, if any, specific challenges or an ongoing need for education and opinion letters issued by the Wage and impacts do employers and employees awareness in the administration and use Hour Division address questions related experience when an employee takes of FMLA leave. Information from the to the definition of serious health FMLA leave on an intermittent basis or public on what is and is not working condition. For example, FMLA2018–2– on a reduced leave schedule? For well in the administration of the FMLA A, issued on August 28, 2018, clarified example, what, if any, specific can further inform and guide the that organ donation can qualify as a challenges do employers experience Department in issuing modernized tools serious health condition when it when the timing or need for intermittent to aid in understanding and applying involves either inpatient care or leave is unforeseeable? Similarly, what, the FMLA. As such, the Department continuing treatment as defined by the if any, challenges do employees seeking seeks input from employers and FMLA regulations. While information or taking intermittent leave or using a employees on the current FMLA provided in the 2012 FMLA survey reduced leave schedule experience? For regulations, specifically: indicates that most employers report example, do employees find it difficult • What would employees like to see that complying with the FMLA imposes to request and use intermittent leave in changed in the FMLA regulations to minimal burden on their operations, the their workplaces? The Department also better effectuate the rights and Department is aware that the medical seeks information from employers and obligations under the FMLA? certification process used to support the employees on best practices and • What would employers like to see existence of a serious health condition suggestions to improve implementation changed in the FMLA regulations to can, at times, present challenges to both of these intermittent leave provisions. better effectuate the rights and employers and employees. The Department welcomes information obligations under the FMLA? What, if any, challenges have that will further its understanding of The Department invites interested employers and employees experienced FMLA leave usage so it can better parties who have knowledge of, or in applying the regulatory definition of effectuate the purposes of the Act. experience with, the FMLA to submit a serious health condition? For example, 3. The requirements regarding the comments, information, and data to what, if any, conditions or notice that an employee must provide to provide a foundation for examining the circumstances have employers an employer of his or her need for effectiveness of the current regulations encountered that meet the regulatory FMLA leave are set out at 29 U.S.C. in meeting the statutory objectives of the definition of a ‘‘serious health 2612(e) and 29 CFR 825.302–.304. An FMLA. The Department suggests the condition’’ but that they believe the employee seeking to use FMLA leave is statute does not cover? What, if any, required to provide 30-days advance 3 FMLA2020–1–A (Jan. 7, 2020), available at difficulties have employers experienced notice of the need to take FMLA leave https://www.dol.gov/sites/dolgov/files/WHD/legacy/ in determining when an employee has when the need is foreseeable and such files/2020_01_07_1A_FMLA.pdf; FMLA2019–3–A a chronic condition that qualifies as a notice is practicable. If leave is (Sept. 10, 2019), available at https://www.dol.gov/ serious health condition under the foreseeable fewer than 30 days in whd/opinion/FMLA/2019/2019_09_10_3A_ FMLA.pdf; FMLA2019–2–A (Aug. 8, 2019), regulations? Conversely, what, if any, advance, the employee must notify the available at https://www.dol.gov/whd/opinion/ conditions or circumstances have employer as soon as practicable— FMLA/2019/2019_08_08_2A_FMLA.pdf; employees experienced that they believe generally, either the same or next FMLA2019–1–A (Mar. 14, 2019), available at the statute covers, but which their business day. When the need for leave https://www.dol.gov/whd/opinion/FMLA/2019/ 2019_03_14_1A_FMLA.pdf; FMLA2018–2–A (Aug. employer determined did not meet the is not foreseeable, the employee must 28, 2018) available at https://www.dol.gov/whd/ regulatory definition of ‘‘serious health notify the employer as soon as opinion/FMLA/2018/2018_08_28_2A_FMLA.pdf; condition’’? What, if any, difficulties practicable under the facts and FMLA2018–1–A (Aug. 28, 2018), available at have employees experienced in circumstances of the particular case. https://www.dol.gov/whd/opinion/FMLA/2018/ 2018_08_28_1A_FMLA.pdf; FLSA2018–19 (Apr. 12, establishing that a chronic condition Absent unusual circumstances, an 2018), available at https://www.dol.gov/whd/ qualifies as a serious health condition employee must comply with the opinion/FLSA/2018/2018_04_12_02_FLSA.pdf. under the regulations? The Department employer’s usual and customary notice

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43516 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

and procedural requirements for revisions. For example, what, if any, FMLA leave if the circumstances qualify requesting leave. An employee must challenges have employers encountered for FMLA leave, in this case, even if a provide sufficient information for an in determining whether a certification collective bargaining agreement employer to reasonably determine establishes that the employee or provides that an employee may exhaust whether the FMLA may apply to the employee’s immediate family member paid leave before using unpaid FMLA leave request. When an employee seeks has a serious health condition under the leave. However, the letter noted that the leave for an FMLA-qualifying reason for FMLA and the amount of leave needed? paid leave could be substituted (i.e., run the first time, the employee need not Similarly, what, if any, challenges have concurrently) with the FMLA leave. expressly assert FMLA rights or even employees encountered in obtaining a This letter also stated that if an mention the FMLA. When an employee certification that contains sufficient employer provides for the accrual of seeks leave due to an FMLA-qualifying information to establish the existence of seniority when employees use paid reason for which the employer has a serious health condition and the leave, it must also permit employees to previously provided the employee amount of leave needed? The accrue seniority when they substitute FMLA-protected leave, however, the Department welcomes suggestions FMLA leave for paid leave. FMLA2019– employee must specifically reference regarding strategies to address 2–A, issued on August 8, 2019, either the qualifying reason for the leave challenges with the certification concluded that a parent’s need to attend or the need for FMLA leave. process. an Individualized Education Plan What, if any, specific challenges do 5. As indicated above, the Department meeting addressing the educational and employers and employees experience has issued seven opinion letters on special medical needs of his or her child when employees request leave or notify FMLA topics since 2018. The first, who has a serious health condition is a their employers of their need for leave? FLSA2018–19, issued on April 12, 2018, qualifying reason for taking intermittent For example, do employees convey concerned the compensability of FMLA leave. FMLA2020–1–A, issued sufficient information to notify frequent 15-minute rest breaks under on January 7, 2020, addressed whether employers that the employee may have the Fair Labor Standards Act when the a combined general health district must an FMLA-qualifying reason for leave or breaks are necessary due to a serious count the employees of the County in that the employee is requesting FMLA health condition under the FMLA and which it is located for purposes of leave? Similarly, are employees aware of concluded that such short periods of determining employee eligibility to take and able to comply with their FMLA-protected leave may be unpaid. FMLA leave. employers’ specific procedural The letter noted, however, that The Department requests comments requirements for providing such notice? employees are entitled to compensation about whether it would be helpful to Are they aware of the specific for rest periods of short duration on the provide additional guidance regarding information they need to provide? The same basis as co-workers who take non- the interpretations contained in any of Department welcomes suggestions of FMLA leave breaks during a work shift. these opinion letters through the how to better assist employers and FMLA2018–1–A, issued on August 28, regulatory process. employees in understanding their rights 2018, addressed an employer’s no-fault and obligations under the FMLA attendance policy which effectively 6. Please provide specific information regulations. The Department also froze, throughout the duration of an and any available data regarding other specifically seeks input on additional employee’s FMLA leave, the number of specific challenges that employers tools the Department could provide to attendance points that the employee experience in administering FMLA facilitate FMLA compliance. accrued prior to taking his or her leave. leave or that employees experience in 4. An employer may require an The letter concluded that such a policy taking or attempting to take FMLA employee to provide a certification does not violate the FMLA, provided it leave. The Department welcomes any issued by a health care provider to is applied in a nondiscriminatory information on the administration and support the need for leave for a serious manner. As noted above, FMLA2018–2– effectiveness of the current regulations health condition of the employee or the A, also issued on August 28, 2018, and suggestions regarding specific employee’s immediate family member. stated that organ donation can be a strategies to address such challenges. See 29 U.S.C. 2613; 29 CFR 825.305– qualifying serious health condition if it The Department also welcomes .308. The employer must allow the requires inpatient care or continuing information concerning best practices employee at least 15 calendar days to treatment as defined by the FMLA employees and employers may have obtain the medical certification. If the regulations. experienced in using or administering employer determines the certification is Two letters addressed designation of the FMLA. incomplete or insufficient, the employer FMLA leave. FMLA2019–1–A, issued III. Conclusion must advise the employee in writing of on March 14, 2019, stated that an the additional information needed and employer may not delay designating an The Department invites interested allow the employee a reasonable employee’s leave as FMLA leave if the parties to submit comments and data opportunity to cure the deficiency. See circumstances qualify for FMLA leave, during the public comment period and 29 CFR 825.305. even if the employee prefers to delay the welcomes any pertinent information As noted above, the Department designation. The letter also stated that, and data that will provide a basis for recently published in the Federal while nothing prevents an employer analyzing the effectiveness of the Register proposed revisions to the from providing more generous leave current regulations in meeting the optional-use forms employers and policies than those established in the statutory objectives of the FMLA. employees may use to meet their FMLA FMLA, doing so does not expand an List of Subjects in 29 CFR Part 825 notification and certification employee’s FMLA entitlement. obligations. The Department is Therefore, an employer may not Administrative practice and interested in understanding what, if designate more than 12 weeks of leave procedure, Airmen, Employee benefit any, challenges employers and as FMLA leave. FMLA2019–3–A, issued plans, Health, Health insurance, Labor employees have experienced with the on September 10, 2019, similarly stated management relations, Maternal and medical certification process that are that an employer may not delay child health, Penalties, Reporting and not addressed by those proposed designating an employee’s leave as recordkeeping requirements, Teachers.

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43517

Signed at Washington, DC, this 6th day of Associate Register of Copyrights, by Prior to the MMA, DMPs obtained a July, 2020. email at [email protected], John R. section 115 compulsory license on a Cheryl M. Stanton, Riley, Assistant General Counsel, by per-work, song-by-song basis, by serving Administrator, Wage and Hour Division. email at [email protected], or Jason E. a notice of intention to obtain a [FR Doc. 2020–14873 Filed 7–16–20; 8:45 am] Sloan, Assistant General Counsel, by compulsory license (‘‘NOI’’) on the BILLING CODE 4510–27–P email at [email protected]. Each can be copyright owner (or filing it with the contacted by telephone by calling (202) Copyright Office if the Office’s public 707–8350. records did not identify the copyright LIBRARY OF CONGRESS SUPPLEMENTARY INFORMATION: owner) and then paying applicable royalties accompanied by accounting U.S. Copyright Office I. Background statements.4 The MMA includes a This notice of proposed rulemaking ‘‘transition period’’ for the period 37 CFR Part 210 (‘‘NPRM’’) is being issued subsequent to following the new law’s enactment, before the blanket license becomes [Docket No. 2020–12] a notification of inquiry, published in the Federal Register on September 24, available.5 During this transition period, Music Modernization Act Transition 2019, that describes in detail the anyone seeking to obtain a compulsory Period Transfer and Reporting of legislative background and regulatory license to make DPDs must continue to Royalties to the Mechanical Licensing scope of the present rulemaking do so on a song-by-song basis by serving Collective proceeding.1 The Copyright Office NOIs on copyright owners ‘‘if the assumes familiarity with that document, identity and location of the musical AGENCY: U.S. Copyright Office, Library and encourages anyone reading this work copyright owner is known,’’ and of Congress. NPRM who has not reviewed that notice paying them applicable royalties ACTION: Notice of proposed rulemaking. to do so before continuing here. accompanied by statements of account.6 On October 11, 2018, the president If the musical work copyright owner is SUMMARY: The U.S. Copyright Office is signed into law the Orrin G. Hatch–Bob unknown, a DMP may no longer file an issuing a notice of proposed rulemaking Goodlatte Music Modernization Act NOI with the Copyright Office, but regarding digital music providers’ (‘‘MMA’’) which, among other things, instead may rely on a limitation on obligations to transfer and report substantially modifies the compulsory liability that requires the DMP to accrued royalties for unmatched ‘‘mechanical’’ license for making and ‘‘continue[ ] to search for the musical musical works (or shares) to the distributing phonorecords of work copyright owner’’ using good- mechanical licensing collective for nondramatic musical works under 17 faith, commercially reasonable efforts purposes of being eligible for the U.S.C. 115.2 It does so by switching and bulk electronic matching limitation on liability for prior from a song-by-song licensing system to processes.7 The DMP must eventually unlicensed uses under title I of the a blanket licensing regime that will either account for and pay accrued Orrin G. Hatch–Bob Goodlatte Music become available on January 1, 2021 royalties to the relevant musical work Modernization Act. Having solicited (the ‘‘license availability date’’), and be copyright owner(s) when found or, if public comments through multiple prior administered by a mechanical licensing they are not found before the end of the notices, the Office is now proposing an collective (‘‘MLC’’) designated by the transition period, account for and update to regulations concerning the Copyright Office. Digital music transfer the royalties to the MLC at that transfer and reporting of such royalties, providers (‘‘DMPs’’) will be able to time.8 Congress believed that the namely the content, format, and obtain the new compulsory blanket liability limitation, which limits delivery of cumulative statements of license to make digital phonorecord recovery in lawsuits commenced on or account to be submitted by digital music deliveries (‘‘DPDs’’) of musical works, after January 1, 2018 to the statutory providers to the mechanical licensing including in the form of permanent royalty due, would ‘‘ensure that more collective at the conclusion of the downloads, limited downloads, or artist royalties will be paid than statutory transition period. interactive streams (referred to in the otherwise would be the case through DATES: Written comments must be statute as ‘‘covered activity,’’ where continual litigation’’ 9 and viewed this received no later than 11:59 p.m. such activity qualifies for a compulsory provision as a ‘‘key component that was Eastern Time on August 17, 2020. license), subject to compliance with ADDRESSES: For reasons of government various requirements.3 represent licensees in proceedings before the efficiency, the Copyright Office is using Copyright Royalty Judges (‘‘CRJs’’) and the Copyright Office, to serve as a non-voting member 1 84 FR 49966 (Sept. 24, 2019). All rulemaking the regulations.gov system for the of the MLC, and to carry out other functions. 17 activity, including public comments, as well as submission and posting of public U.S.C. 115(d)(5)(B); 84 FR 32274 (July 8, 2019); see legislative history and educational material also 17 U.S.C. 115(d)(3)(D)(i)(IV), (d)(5)(C). comments in this proceeding. All regarding the Music Modernization Act, can 4 comments are therefore to be submitted currently be accessed via navigation from https:// See 17 U.S.C. 115(b)(1), (c)(5) (2017). electronically through regulations.gov. www.copyright.gov/music-modernization/. 5 H.R. Rep. No. 115–651, at 10 (2018); S. Rep. No. Specific instructions for submitting Comments received in response to the September 115–339, at 10 (2018). 2019 notification of inquiry are available at https:// 6 17 U.S.C. 115(b)(2)(A), (c)(2)(I); see H.R. Rep. comments are available on the www.regulations.gov/docketBrowser? No. 115–651, at 4; S. Rep. No. 115–339, at 3. Copyright Office’s website at https:// rpp=25&po=0&dct=PS&D=COLC-2019- 7 17 U.S.C. 115(b)(2)(A), (d)(9)(D)(i), (d)(10)(A)– www.copyright.gov/rulemaking/mma- 0002&refD=COLC-2019-0002-0001. Related ex parte (B); see H.R. Rep. No. 115–651, at 4, 10; S. Rep. No. transition-reporting. If electronic letters are available at https://www.copyright.gov/ 115–339, at 3, 10, 22. submission of comments is not feasible rulemaking/mma-implementation/ex-parte- 8 17 U.S.C. 115(d)(10)(B); see H.R. Rep. No. 115– communications.html. References to these 651, at 4, 10; S. Rep. No. 115–339, at 3, 10. due to lack of access to a computer and/ comments and letters are by party name 9 H.R. Rep. No. 115–651, at 14; S. Rep. No. 115– or the internet, please contact the Office (abbreviated where appropriate), followed by 339, at 14–15; Report and Section-by-Section using the contact information below for ‘‘Initial,’’ ‘‘Reply,’’ or ‘‘Ex Parte Letter’’ as Analysis of H.R. 1551 by the Chairmen and Ranking special instructions. appropriate. Members of Senate and House Judiciary 2 Public Law 115–264, 132 Stat. 3676 (2018). Committees, at 12 (2018), https:// FOR FURTHER INFORMATION CONTACT: 3 As permitted under the MMA, the Office www.copyright.gov/legislation/mma_conference_ Regan A. Smith, General Counsel and designated a digital licensee coordinator (‘‘DLC’’) to report.pdf (‘‘Conf. Rep.’’).

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43518 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

necessary’’ to ensure support for matching efforts during the transition comments. The MLC proposed that the legislative change.10 period.15 cumulative statements of account to be With respect to the specific reporting In December 2018, the Office delivered to the MLC at the end of the published an interim rule and requested and payment requirements to be eligible transition period, instead of complying comments to address the current with the Office’s preexisting monthly for the limitation on liability, the statute transition period.16 With respect to the statement of account regulations in 37 details three scenarios. First, if the payment and reporting obligations to be CFR 210.16, should include the same matching efforts are successful in eligible for the limitation on liability, information and be in the same format identifying and locating a copyright the Office adopted regulations as required for monthly reports of usage owner of a musical work (or share) by specifying that DMPs must pay royalties under the blanket license.24 The MLC the end of the calendar month in which and provide cumulative statements of also proposed requiring these the DMP first makes use of the work, the account to copyright owners and the cumulative statements to include: (1) DMP must provide statements of MLC in compliance with the Office’s Per-play allocations or other applicable account and pay royalties to that preexisting monthly statement of rates and amounts allocated to copyright owner in accordance with account regulations in 37 CFR 210.16.17 identified usage, and perpetually unique section 115 and applicable The Office required that cumulative DMP transaction identifiers for usage; regulations.11 The second and third statements of account include ‘‘a clear (2) information about matched shares of scenarios apply if the copyright owner identification of the total period covered a musical work where unmatched is not identified or located by the end by the cumulative statement and the shares for the work are reported; (3) of the calendar month in which the total royalty payable for the period.’’ 18 information about any applicable earned DMP first makes use of the work.12 In The Office did not receive any interest; and (4) information about any such cases, the DMP must accrue and comments in response to this public claimed or applied deductions or hold applicable statutory royalties in rulemaking and finalized the rule in adjustments to the aggregate accrued accordance with usage of the work, from March 2019.19 In promulgating the rule, royalties payable.25 The DLC proposed the initial use of the work until these the Office observed that ‘‘[t]he intent of that DMPs not be ‘‘required to accrue royalties can be paid to the copyright the legislation does not signal to the any royalties that are required to be paid owner or are required to be transferred Office that it should be overhauling its to copyright owners of musical works to the MLC.13 If a copyright owner of an existing regulations during the pursuant to any agreements entered into transition period before the blanket prior to the effective date of the [MMA]’’ unmatched musical work (or share) is 20 identified and located by or to the DMP license becomes available.’’ But the and that those royalties not be treated as rule did separate provisions regarding 26 before the license availability date, the ‘‘accrued royalties’’ under the statute. the reporting of cumulative statements Having reviewed and carefully DMP must, among other things, pay the of account and payment of royalties for considered all relevant comments, the copyright owner all accrued royalties matched works provided to copyright Office now issues a proposed rule and accompanied by a cumulative statement owners on the one hand from the invites further public comment. While of account that includes the information reporting of cumulative unmatched all public comments are welcome, as that would have been provided to the usages and transfer of associated applicable, should commenters disagree copyright owner had the DMP been royalties to the MLC on the other. This with language in the proposed rule, the providing monthly statements of approach includes the extra step of Office encourages commenters to offer account to the copyright owner from statutorily required certifications for alternate potential regulatory language. initial use of the work in accordance reports provided to the MLC.21 with section 115 and applicable Following the adoption of this rule, in II. Proposed Rule regulations.14 If a copyright owner of an September 2019, the Office issued a A. Cumulative Statement of Account unmatched musical work (or share) is notification of inquiry regarding Content and Format not identified and located by the license multiple topics related to MMA General. The MLC proposed requiring availability date, the DMP must, among implementation.22 Noting the cumulative statements of account to other things, transfer, no later than 45 ‘‘persistent concern about the ‘black ‘‘include[ ] all of the information, and calendar days after the license box’ of unclaimed royalties, including [be] in the same format, as required to availability date, all accrued royalties to its amount and treatment by digital be provided in the monthly usage the MLC accompanied by a cumulative music providers and the MLC,’’ the reports pursuant to [section] statement of account that includes the Office provided another opportunity for 115(d)(4)(A)(i)–(iii), as supplemented by information that would have been the public to comment on the 27 regulations governing the reporting of [the reports of usage regulations].’’ provided to the copyright owner had the The MLC explained that it needs the DMP been serving monthly statements cumulative statements of account and generally on ‘‘any issues that should be additional information to properly of account on the copyright owner 28 considered relating to the transfer and administer the transferred royalties. ‘‘from initial use of the work in In response, the DLC suggested that accordance with [section 115] and reporting of unclaimed royalties by digital music providers to the MLC.’’ 23 the Copyright Office is restricted in its applicable regulations,’’ including the ability to require DMPs to provide certification that would have been In response to this later inquiry, both the MLC and the DLC provided provided to an identified copyright 24 MLC Reply App. D at 19; see also MLC Initial at 23; MLC Reply at 27–28; MLC Ex Parte Letter at owner as well as an additional 15 Id. at 115(d)(10)(B)(iv)(III). 2 (June 17, 2020). certification attesting to the DMP’s 16 83 FR 63061 (Dec. 7, 2018). 25 MLC Reply App. D at 19; see also MLC Initial 17 37 CFR 210.20. at 22–23; MLC Reply at 27–28; MLC Ex Parte Letter 10 H.R. Rep. No. 115–651, at 13; S. Rep. No. 115– 18 Id. at 210.20(b)(2)(i), (3)(i). at 3–4 (June 17, 2020). 339, at 14; Conf. Rep. at 12. 19 See 84 FR 10685 (Mar. 22, 2019). 26 DLC Reply App. at A–24; see also DLC Initial 11 17 U.S.C. 115(d)(10)(B)(iii). 20 83 FR at 63062. at 18–19. 12 Id. at 115(d)(10)(B)(iv). 21 See 83 FR at 63065–66; 37 CFR 210.16, 210.20. 27 MLC Reply App. D at 19. 13 Id. 22 84 FR 49966 (Sept. 24, 2019). 28 MLC Initial at 22; see also MLC Ex Parte Letter 14 Id. at 115(d)(10)(B)(iv)(II). 23 Id. at 49971. at 2 & n.1 (June 17, 2020).

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43519

additional information in a different intended to ‘‘increase the protection of in a separate proceeding,39 it seems format than what was required by the copyright proprietors against economic reasonable to harmonize these rules in Office’s preexisting monthly statement harm from companies which might places, since the MLC is tasked with the of account regulations, because doing so refuse or fail to pay their just same mission of matching works and ‘‘is contrary to the MMA, which obligations,’’ 33 cumulative statement distributing royalties, and DMPs, too, requires the digital music provider to reporting to the MLC is meant to may benefit from consistency in only provide ‘the information that facilitate the additional critical function reporting usage information in a similar would have been provided to the of matching DMP usage to musical manner (to the extent they have copyright owner had the digital music works and their owners—a task already acquired such information).40 provider been serving monthly accomplished where a statement is Accordingly, the Office is proposing statements of account on the copyright being served by the DMP directly on the adjustments to requirements, such as owner.’ ’’ 29 The DLC further claimed copyright owner.34 The legislative those addressing format, royalty that the MLC’s proposal was history of the MMA is in accord, payment and accounting information, ‘‘impractical,’’ explaining that ‘‘digital providing that reporting accompanying and sound recording and musical work music providers have maintained usage unmatched royalties transferred to the information, that largely mirror the information . . . with the existing MLC at the end of the transition period requirements proposed for reports of statement of account regulations in should contain ‘‘as much information usage.41 Notably, several categories of mind.’’ 30 about usage and ownership information sound recording and musical work The MLC noted that the cited clause as possible.’’ 35 The present rule for information proposed to be imported ‘‘does not imply that DMPs should not cumulative statements of account from the reports of usage regulations are report anything additional or otherwise differentiates between reports provided already required under the current limit the Copyright Office’s general to copyright owners and reports rule,42 including artist,43 playing time,44 authority under [s]ection 115(d)(12)(A) provided to the MLC by requiring DMPs ISRC,45 ISWC,46 songwriter,47 ISNI,48 to adopt regulations necessary or to certify to the MLC that they have and ownership share.49 In other appropriate to effectuate the provisions engaged in good faith efforts to obtain a respects, the proposed rule reorganizes of [s]ection 115(d)’’ and that regulations variety of statutorily mandated and clarifies preexisting requirements, to ‘‘effectuate the proper disposition of categories of sound recording and generally by replacing cross references accrued unclaimed royalties’’ are musical work information.36 The to section 210.16 with the relevant ‘‘necessary or appropriate’’ for the MLC current rule also separately addresses regulatory language.50 For example, to execute its functions under section transfer of royalties and reporting to the while the current provision incorporates 31 115(d). MLC. To some extent, then, the MLC’s by reference section 210.16’s provision After considering the issue, the Office request for additional information with respect to performance royalty tentatively concludes that it would be related to partially matched works (not estimates, the proposed rule specifically within its regulatory authority and in least, when partial payments have addresses use of such estimates in the clear furtherance of the statute’s goals occurred) and the identity of these context of cumulative statements, which and the legislative intent to update the unmatched works may be viewed as an unlike monthly statements delivered to rule concerning cumulative statements extension of these provisions regarding copyright owners, are not reconciled via of account as proposed below. In the 51 transfer and certification of efforts to annual statements of account. course of analyzing these public obtain additional information about Additionally, recognizing the function comments and promulgating a related these works.37 served by the cumulative statements, rule concerning post-blanket license the proposed rule requires reporting of monthly reporting of usage information, Accordingly, to effectuate the data related to partially paid shares of the Office’s review indicates that provisions of section 115(d)(10), and musical works and information needed updating certain requirements related to against that provision’s specific to reconcile any deviation between the content and delivery of cumulative reference to ‘‘regulations’’ as well as the royalty statements and the amounts statements may help the MLC more MMA’s broad grant of regulatory transferred to the MLC. effectively identify and locate the authority to the Copyright Office, the Regarding the DLC’s assertion that copyright owners of unmatched works Office tentatively concludes that it is DMPs have been maintaining certain to ensure they are paid the royalties due necessary and appropriate to require to them. Congress has signaled this is a DMPs to provide additional information 39 See generally 85 FR 22518 (Apr. 22, 2020). core task of the MLC.32 Where to aid the MLC in fulfilling its statutory 40 In fact, cumulative statements of account will statements of account provided to duty to identify and locate the copyright be due around the same time as the first monthly copyright owners have historically been owners of unmatched works and pay the reports of usage begin to come in, and so it may 38 create some efficiencies for DMPs, as well as the royalties due to them. The proposed MLC, if these reports follow similar requirements. 29 DLC Reply at 24 (quoting 17 U.S.C. rule employs the MLC’s preferred 41 See 85 FR at 22540–46. 115(d)(10)(B)(iv)(III)(aa)). approach of generally importing the 42 See 37 CFR 210.20(b)(3)(i) (referring to ‘‘the 30 Id. at 24. requirements that are eventually information and certification required by 31 MLC Ex Parte Letter at 2 n.1 (June 17, 2020). adopted for monthly reports of usage § 210.16’’). 32 43 See H.R. Rep. No. 115–651, at 9 (The MLC’s under the blanket license. While those See id. at 210.16(c)(3)(iv). duty to ‘‘identify the musical works embodied in 44 See id. at 210.16(c)(3)(v). particular sound recordings, as well as to identify regulations are still under consideration 45 See id. at 210.16(c)(3)(iii). and locate the copyright owners of such works’’ is 46 See id. at 210.16(c)(3)(viii). its ‘‘highest responsibility’’ next to the ‘‘efficient 33 H.R. Rep. No. 94–1476, at 111 (1976). 47 See id. at 210.16(c)(3)(vii). and accurate collection and distribution of 34 17 U.S.C. 115(d)(3)(C)(i)(II)–(III). 48 royalties.’’); S. Rep. No. 115–339, at 9 (same); Conf. See id. 35 Rep. at 7 (same); see also Letter from Lindsey H.R. Rep. No. 115–651, at 29 (emphasis added); 49 See id. at 210.16(c)(3)(vi). Graham, Chairman, Senate Judiciary Committee, to S. Rep. No. 115–339, at 26 (same); Conf. Rep. at 22 50 See, e.g., id. at 210.16(e) (‘‘clear statements’’ Karyn Temple, Register of Copyrights 1 (Nov. 1, (same). requirement); id. at 210.16(d)(3)(i) (performance 2019) (on file with Copyright Office) (‘‘Reducing 36 17 U.S.C. 115(d)(B)(i)(I)(aa)–(bb). royalty estimates); id. at 210.16(d)(3)(ii) (NOI unmatched funds is the measure by which the 37 See id. reference number); id. at 210.16(f) (certification success of this important legislation should be 38 See id. at 115(d)(10)(B)(iv)(III); id. at requirement). measured.’’). 115(d)(12)(A). 51 See id. at 210.16(d)(3)(i).

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43520 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

information with only the preexisting Further, as the MLC points out, ‘‘a reporting. The Office does propose, statement of account regulations in workflow will already have to be however, that any overpayment mind, under the proposed rule, required developed by the DMPs and the MLC for (whether resulting from an estimate or information is generally limited to items reporting in this format’’ to process otherwise) should be credited to the that are either equivalent to the reports of usage,55 and the MLC is DMP’s account, or refunded upon information required by section 210.16 ‘‘mindful of the varying data formats request. or otherwise ‘‘to the extent acquired’’ by used by DMPs with varying resources Response files and invoices. In light of a DMP.52 The Office believes that this and intends to coordinate with the DMP the DLC’s comments concerning the qualification reasonably addresses the community to ensure the most value of receiving invoices and response DLC’s concern. appropriate version of data standards is files,60 the proposed rule allows a DMP Where the NPRM imports the selected.’’ 56 The Office notes that to request and obtain a response file proposed reports of usage requirements, current monthly statement of account and/or invoice from the MLC. Because the Office’s intent is for both rules to regulations already allow a copyright the MLC will be ingesting a large remain largely harmonized when owner to ‘‘demand that Monthly amount of data all around the same finalized. After considering the MLC’s Statements of Account be submitted in time, the rule proposes that any suggestion, the Office declines to simply a readily accessible electronic format requested invoices and/or response files cross reference the reports of usage consistent with prevailing industry be delivered to DMPs within a regulations because they may change practices applicable to comparable ‘‘reasonable’’ period of time in lieu of over time after becoming effective electronic delivery of comparable imposing a strict deadline. (especially if adopted on an interim financial information.’’ 57 NOI reference numbers. The proposed basis as has been proposed); 53 whereas Certifications and clear statements. rule restates a provision currently the cumulative statement of account The Office does not propose any incorporated by reference to section requirements, tied to the license substantive changes to the certifications 210.16(c)(3)(ii), which requires a DMP availability date, will not change. To required under the previously adopted to provide a reference number or code minimize duplication, commenters may rule for cumulative statements of identifying the relevant NOI if it, or its cross reference or incorporate by account.58 The rule proposes a technical agent, provided such a number or code reference comments submitted in the change to include the actual language on its relevant NOI. The Office proposes separate reports of usage proceeding as for clarity (with appropriate conforming to retain this provision because records appropriate, and focus their comments edits), rather than merely referring to of past NOIs issued may be helpful here on items uniquely relevant to the ‘‘certification required by § 210.16.’’ inputs for the MLC in identifying cumulative statements of account. To The Office has moved the other required unmatched works (or shares). the extent commenters believe a certification—‘‘that the digital music Sound recording and musical work separate approach is appropriate for provider has fulfilled the requirements information. As noted, the proposed cumulative statements of account of 17 U.S.C. 115(d)(10)(B)(i) and (ii) but rule generally harmonizes with the compared to the proposed rule has not been successful in locating or reporting requirements proposed for regarding reports of usage, they are identifying the copyright owner’’—to be DMPs’ monthly reports of usage to be encouraged to identify those areas of in the same paragraph as the language delivered to the MLC following the differentiation and explain their from section 210.16. The proposed rule transition to the blanket license. In position. also imports the ‘‘clear statements’’ many cases, this information is already Format. While the rule adopted in requirement from the preexisting required to be reported under the December 2018 was silent as to method regulations.59 current rule, and in others, DMPs must of delivery, now that the MLC has been Estimates and adjustments. Under the certify that they have tried to obtain this designated and is further along in its previously adopted cumulative information to receive the limitation on operational activities, the Office statement of account regulation, DMPs liability.61 In some cases, additional proposes to carry over the proposed could make estimates to the extent fields are proposed to be required, reports of usage format provision, which currently permitted by 37 CFR including certain categories pertaining would require delivery to the MLC in a 210.16(d)(3)(i) (covering where the final to identifying information for the sound machine-readable format that is public performance royalty has not yet recording that embodies a particular compatible with its information been determined), and there would be musical work.62 As noted below, the technology systems, as reasonably no adjustments mechanism. The Office obligation to report these additional determined by the MLC and taking into proposes to retain this status quo rather fields is generally cabined by the extent consideration relevant industry than conform to the estimates and the DMP has acquired this information, standards. If a large amount of musical adjustments provisions proposed for works remain unmatched after the reports of usage, given the one-time 60 See DLC Comments at 12–13, Music transition period, the MLC may be nature of the cumulative statements, Modernization Act Notices of License, Notices of required to ingest a significant amount compared to the proposed regulatory Nonblanket Activity, Data Collection and Delivery structure designed for ongoing Efforts, and Reports of Usage and Payment, Docket of cumulative statements of account No. 2020–5, https://www.regulations.gov/ from DMPs. As the MLC explains, using contentStreamer?documentId=COLC-2020-0005- the same format will ensure efficient 55 MLC Ex Parte Letter at 2 (June 17, 2020). 0012&attachmentNumber=1&contentType=pdf processing and ultimately support 56 MLC Initial at 20. (‘‘Invoices and response files are critically 57 ‘‘efficient and accurate reporting.’’ 54 37 CFR 210.16(g)(2). important to licensees and their accounting 58 See id. at 210.20(b)(3)(i). As noted, to the extent processes.’’); see also 85 FR at 22528. the proposed rule would obligate DMPs to engage 61 17 U.S.C. 115(d)(10)(B)(i)(I)(aa)–(bb), 52 Compare id. at 210.16(c) with 85 FR at 22541– in reporting additional sound recording and (iv)(III)(aa); see 37 CFR 210.20(b)(3)(i) (referring to 42. musical works information, the statute requires ‘‘the information and certification required by 53 See 85 FR at 22519 (noting that an interim rule DMPs to certify that they have attempted to acquire § 210.16’’); id. at 210.16(c)(3) (addressing e.g., artist, would offer ‘‘more flexibly to make necessary much of this information, and so an alternate playing time, ISRC, ISWC, songwriter, ISNI, and modifications in response to new evidence, method of providing this information to the MLC ownership share). unforeseen issues, or where something is otherwise may be to require reporting the fruits of these 62 For example, sound recording name(s), not functioning as intended’’). inquiries in the certification. producer(s), version(s), release date(s), album 54 MLC Initial at 20. 59 Id. at 210.16(e). title(s), and distributor(s).

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43521

and, in some instances, is further Office recognizes that these are potential subject to ‘‘strict contractual limited by whether the DMP is already areas where it may make sense to confidentiality restrictions,’’ may have reporting this information. consider whether the monthly and this information and not the DMPs Altered data and practicability of cumulative reporting rules should themselves.71 Although it did not reporting. For sound recording and diverge, and invites comment on these propose suggested language, it asked the musical work information, the rule issues.66 Office to ‘‘account for these proposes to require identifying whether Partially matched works. The MLC [confidentiality] restrictions and protect the reported data has been modified by requested that cumulative statements of digital music providers from any the DMP, compared to being passed account include information about liability related to their breach,’’ were it through in its original, as-received form. matched shares of a musical work where to promulgate a regulation.72 The MLC This concept was suggested by the MLC unmatched shares for the work are presumed that the DLC’s confidentiality and others.63 As noted above, the Office reported, by proposing the following concern ‘‘relates to the amounts of is still considering comments in the regulatory language: royalties paid under voluntary licenses’’ reports of usage rulemaking and for each track for which a share of a musical and offered to amend their proposal to incorporation of the MLC’s suggestion work has been matched and for which limit share reporting ‘‘to the share here should not indicate that the Office accrued royalties have been paid in percentage and the owner of the share has made any conclusions in either this accordance with section [210.20(b)(2)], but that was paid, [and] omitting the precise rulemaking or the reports of usage for which one or more shares of a musical amount of royalties paid under the rulemaking on this subject. The Office work remains unmatched, identification of voluntary license terms.’’ 73 also proposes to import the [the total period covered by the cumulative The Copyright Office finds the MLC’s practicability limitation concerning the statement and the per-play allocation and proposal to be reasonable in light of the reporting of sound recording and unique DMP transaction identifier], and a statutory function of cumulative musical work information that was clear identification of the share(s) that have statements of account. Current proposed in the reports of usage been matched, the owner(s) of such matched regulations already allow a compulsory 64 shares, and the amount of such accrued proceeding. Under that proposal, royalties paid in accordance with section licensee to elect to allocate monthly much of the enumerated sound [210.20(b)(2)].67 royalty payments between co-owners recording and musical work information and serve statements on each co-owner would only need to be reported by a The MLC explained that, in practice, reflecting the percentage share paid to DMP ‘‘to the extent practicable,’’ which a DMP may have paid one copyright that co-owner.74 Further, the MMA is defined in reference to categories of owner their royalty share, and held contemplates that if a DMP’s matching information that are statutorily required, accrued royalties for any remaining efforts are successful during the 68 required by a data standard used by the unmatched share(s). The MLC is transition period as to a share of a work, DMP, or were otherwise already being concerned that upon transfer of such it will pay royalties to the owner of that reported by the relevant DMP.65 As with unmatched royalties, if the paid share is share, while holding the unmatched altered data, the inclusion of this not properly identified, there is a risk remainder for further matching efforts limitation in the proposed rule should that a paid co-owner would be able to and, if ultimately unsuccessful, eventual not indicate that the Office has finalized collect a portion of an unpaid co- transfer to the MLC.75 Thus, the 69 its approach with respect to this aspect owner’s share. situation the MLC anticipates seems of the reports of usage rulemaking. The The DLC does not appear to disagree likely to occur, and having the matched with the MLC’s description of the issue, share information will be important. 63 MLC Comments at 26, Music Modernization but stated that ‘‘[t]his sort of operational The proposed rule largely follows the Act Notices of License, Notices of Nonblanket detail should be worked out between Activity, Data Collection and Delivery Efforts, and MLC’s language, although it does not the MLC and individual digital music include the MLC’s proposed limitation Reports of Usage and Payment, Docket No. 2020– providers.’’ 70 The DLC suggested that 5, https://www.regulations.gov/ to instances where royalty shares are contentStreamer?documentId=COLC-2020-0005- DMPs’ third-party vendors, who are paid in accordance with § 210.20(b)(2), 0014&attachmentNumber=1&contentType=pdf; which concerns payments related to A2IM & RIAA Initial at 2–3 (noting provenance 66 For example, the Office has inquired whether issues with using DMP-sourced sound recording a reasonable transition period may be appropriate musical works matched during the data); Paul Jessop Initial at 2–3 (same); with respect to certain monthly usage reporting transition period. It seems that all SoundExchange Comments at 4–5, Music requirements. See Letter from Copyright Office to instances of partial payment of royalty Modernization Act Notices of License, Notices of Alliance for Recorded Music, DLC, MLC, and interests may be relevant to the MLC’s Nonblanket Activity, Data Collection and Delivery SoundExchange, Inc., at 3–4 (June 30, 2020), Efforts, and Reports of Usage and Payment, Docket https://www.copyright.gov/rulemaking/mma- identification and royalty distribution No. 2020–5, https://www.regulations.gov/ implementation/copyright-office-letters/2020-5- functions for the remaining unmatched contentStreamer?documentId=COLC-2020-0005- june-30-2020.pdf. Since cumulative statements of 0006&attachmentNumber=1&contentType=pdf share(s). The Office welcomes account are reported only once, shortly after the (same). comments on all aspects of this 64 license availability date, such a period would make See 85 FR at 22541–42. less sense for this proposed rule, and reporting proposed rule, and is interested in 65 See id.; see also id. at 22531–32. As proposed, obligations for cumulative statements may need to whether the MLC’s suggestion to omit a it would be ‘‘practicable’’ to provide the be cognizant of the time period within which DMPs requirement to report the amount of enumerated information if: (1) it belongs to a will ready such statements. category of information expressly required by the royalties paid to matched shares under 67 MLC Reply App. D at 19. enumerated list of information contained in 17 voluntary licenses adequately addresses 68 U.S.C. 115(d)(4)(A)(ii)(I)(aa) or (bb); (2) where the MLC Ex Parte Letter at 3 (June 17, 2020) (giving the example of an identified 50% co-owner being the DLC’s concerns. To that end, the MLC has adopted a particular nationally or Office solicits comments regarding internationally recognized reporting or data paid their 50% share by a DMP, and then standard or format (e.g., DDEX) that is being used subsequently being paid half of the remaining share whether the rule should also permit the by the particular DMP, it belongs to a category of by the MLC due to lack of record of the first MLC and individual DMPs to enter into information required to be reported under such payment; stating that ‘‘reporting on partially- standard or format; (3) it belongs to a category of matched works and the respective shares that the DMP already paid is essential to allow the MLC to 71 Id. information that is reported by the particular DMP 72 pursuant to any voluntary license or individual properly credit share owners who have been paid Id. download license; or (4) it belongs to a category of and avoid double payments’’). 73 MLC Ex Parte Letter at 4 (June 17, 2020). information that was periodically reported by the 69 MLC Ex Parte Letter at 3 (June 17, 2020). 74 37 CFR 210.16(g)(1). particular DMP prior to the license availability date. 70 DLC Reply at 25. 75 See 17 U.S.C. 115(d)(10)(B).

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43522 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

agreements to alter this process, include a clear and detailed explanation required to accrue any royalties that are provided that any such change does not of the deviation. The Office has required to be paid to copyright owners of materially prejudice the MLC’s efforts previously adopted a similar rule in the musical works pursuant to any agreements with respect to locating and identifying context of annual statements of entered into prior to the effective date of the account.83 Music Modernization Act, and such royalties copyright owners owed a portion of shall not be treated as ‘‘accrued royalties’’ for these accrued royalties. The Office has Per-play allocation and unique purposes of this section or 17 U.S.C. proposed a similar provision with transaction identifiers. The MLC 115(d)(10).91 respect to monthly reports of usage.76 proposed that cumulative statements of Reconciliation. The MLC requested account be required to include ‘‘[t]he The MLC objected, stating that this reporting of information concerning any per-play allocation or any other proposed regulation would both applicable interest earned by DMPs on applicable rates and amounts allocated ‘‘conflict[] with the statute’s accrued royalties, and also ‘‘any claimed to the identified usage, and a requirement that all royalties accrued or applied deductions or adjustments’’ perpetually unique DMP transaction from initial use of the unmatched work to applicable royalties ‘‘with a identifier for the usage.’’ 84 During a be transferred’’ to the MLC and ‘‘exceed 92 description of the nature of, and basis subsequent ex parte meeting, the MLC the Copyright Office’s authority.’’ The for, such claimed deduction or explained that while the proposed MLC stated that ‘‘[w]hile prior to the adjustment.’’ 77 The DLC responded that reports of usage requirements do not enactment of the MMA, certain DMPs interest ‘‘was purposefully not included explicitly include references to these entered into settlement agreements with in the statute’’ and ‘‘was specifically items, this information would certain music publishers in connection negotiated out of the draft nonetheless be adequately captured if with disputes arising from their failure legislation.’’ 78 In particular, the DLC the Office applied those proposed to license, match and/or pay royalties objected to the inclusion of deductions requirements.85 As a result, the Office due, such settlement payments were or adjustments because it ‘‘is not aware has not included the MLC’s proposed definitively not the proper payment of of any deductions or adjustments that language.86 royalties to copyright owners of 79 unmatched uses,’’ and were ‘‘more would be made to accrued royalties.’’ B. Treatment of Negotiated Agreements The MLC subsequently clarified that likely consideration for releases from it ‘‘does not purport to dictate where As described above, in addition to the liability for copyright infringement or interest must be applied or what would MLC’s request for additional reporting, covenants not to sue.’’ 93 The MLC be applicable interest,’’ but wished to the DLC asked for a ‘‘regulatory further argued that royalties lose their ‘‘ensure[] that any such interest paid clarification’’ related to negotiated ‘‘unclaimed’’ status only when they are agreements that predate the MMA’s matched.94 over is also reported, so that the MLC 87 can know to which copyright owners enactment. In its words, certain music The proposed rule does not include publishers ‘‘negotiated agreements with those moneys should ultimately be regulatory language specifically several of the major digital music paid.’’ 80 Similarly, for deductions or addressing the relationship between providers to liquidate accrued royalties adjustments, the MLC explained that it private settlement agreements and for unmatched works through payments does not ‘‘intend to approve or condone whether works are required to be based on market share, or other of applying deductions, but merely reported on cumulative statements of mechanisms not based on matching to wants to ensure that any such changes account (with accompanying payment specific compositions that generated the are properly reported, again so that the of accrued royalties). The statute is royalties,’’ and some of these MLC can understand and exactly match somewhat instructive to this issue. agreements have continued in force the reporting to the payments.’’ 81 The Provisions regarding the treatment of through the MMA’s enactment date voluntary licenses and accrued, MLC contended that these provisions such that ‘‘some digital music providers are needed because ‘‘it is essential that unclaimed royalties were carefully will continue to be obligated to pay negotiated during the legislative the reporting on unclaimed accrued some amount of accrued unmatched royalties match the accompanying process.95 To maintain eligibility for the 82 royalties to publishers with whom they royalty payments to the penny.’’ 88 limitation on liability, when making have direct deals.’’ According to the available a sound recording of a musical Recognizing the DLC’s comments DLC, ‘‘[t]his creates a conflict between regarding specific references to interest, work via a covered activity, a digital the terms of those preexisting music provider must accrue and hold adjustments, and deductions, the agreements and the MMA’s directions in Copyright Office also appreciates the royalties for each musical work for section 115(d)(10) regarding the accrual which a copyright owner has not been broader principle advanced by the MLC of unmatched royalties.’’ 89 To address identified or located.96 At the end of that it has an operational need for this, and the DLC’s overarching concern this current holding period, all accrued royalty statements to match the royalties that ‘‘[i]n no event should digital music royalties for which ‘‘a copyright owner transferred to the MLC, or at least providers be made to pay double,’’ 90 the of an unmatched musical work (or share minimize unexplained deviations. DLC proposed adding the following thereof) is not identified and located’’ While not adopting the MLC’s proposed regulatory language: language, the rule proposes that if the must be transferred to the MLC along total royalties turned over to the MLC Notwithstanding anything in this section to with associated reporting.97 Works are the contrary, digital music providers are not do not reconcile with the corresponding cumulative statement of account (for 91 Id. 83 See 37 CFR 210.17(d)(2)(ii). 92 whatever reason), the DMP should MLC Reply at 27–30. 84 MLC Reply App. D at 19. 93 Id. at 29. 85 See MLC Ex Parte Letter at 3 (June 17, 2020). 94 Id. 76 See 85 FR 22546 (proposed 37 CFR 210.27(n)). 86 The proposed rule adopts the same approach 95 See H.R. Rep. No. 115–651, at 9–10, 24; S. Rep. 77 MLC Reply App. D at 19. with respect to reporting of partially matched No. 115–339, at 10–11, 33–34. 78 DLC Reply at 24. works. See MLC Reply App. D at 19. 96 17 U.S.C. 115(d)(10). 79 87 Id. at 25. DLC Initial at 18. 97 Id. at 115(d)(10)(B)(iv)(III); see id. at 115(e)(2) 80 MLC Ex Parte Letter at 4 (June 17, 2020). 88 Id. at 18–19. (‘‘The term ‘accrued royalties’ means royalties 81 Id. 89 Id. at 18. accrued for the reproduction or distribution of a 82 Id. 90 Id. at 19. musical work (or share thereof) in a covered

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43523

considered ‘‘matched’’ when ‘‘the The Office appreciates the DMP’s accordance with the public process for copyright owner of such work (or share motivation for further guidance on this written comments and/or ex parte thereof) has been identified and important issue, but must be careful to meetings. located.’’ 98 The law further states that avoid speaking over either the statue or III. Subjects of Inquiry ‘‘[v]oluntary license[s]’’ will ‘‘remain in private transactions. It would seem that effect’’ by their respective terms the specific terms of each agreement The proposed rule is designed to notwithstanding the license availability would be highly relevant to addressing reasonably implement regulatory duties date, and by implication, DMPs would this issue, and that questions regarding assigned to the Copyright Office under not retain accrued royalties (as defined the interpretation of various private the MMA and facilitate the in the MMA) for works licensed under contracts may be better resolved by the administration of the compulsory private agreements.99 relevant parties rather than a blanket licensing system. The Office solicits The Office understands the DLC’s rule by the Copyright Office.102 To the additional public comment on all concerns to center around whether extent that preexisting settlement aspects of the proposed rule. payments made pursuant to various agreements may be, as the DLC asserts, List of Subjects in 37 CFR Part 210 private settlement agreements can in ‘‘conflict’’ with ‘‘the MMA’s extinguish the obligation to deliver directions in section 115(d)(10) Copyright, Phonorecords, Recordings. accrued royalties to the MLC. In light of regarding the accrual of unmatched Proposed Regulations the statutory language, these questions royalties,’’ 103 the statutory directive may be best resolved by determining could not yield to such agreements, but For the reasons set forth in the whether a given agreement constitutes a the Office offers no opinion as to preamble, the Copyright Office proposes valid license to the work(s) at issue (and whether this is indeed the case. amending 37 CFR part 210 as follows: if so, the scope of the license).100 In Additionally, if a DMP is unsure about such cases, the work(s) licensed under its obligations under the statute vis-a-vis PART 210—COMPULSORY LICENSE such agreements could be considered a given agreement (or with respect to a FOR MAKING AND DISTRIBUTING ‘‘matched’’ and may not need to be particular musical work or share of a PHYSICAL AND DIGITAL reported at the close of the transition work) and inadvertently transfers PHONORECORDS OF NONDRAMATIC period. In the case of jointly authored royalties later determined to have MUSICAL WORKS works, a further potential wrinkle may indeed been properly matched and paid ■ be determining whether any license by the DMP, the Office has proposed a 1. The authority citation for part 210 extended pursuant to a settlement provision that, as noted, would require continues to read as follows: agreement was conveyed to the entirety the MLC to credit or refund any Authority: 17 U.S.C. 115, 702. of the work, or only to a partial interest overpayment back to the DMP. For these in a co-owned work.101 ■ 2. Amend § 210.12 by revising reasons, based on the current record, the paragraph (k) and removing paragraphs Office tentatively declines the DLC’s (i) through (o). activity, calculated in accordance with the suggestion to offer regulatory language applicable royalty rate under this section.’’). The revision reads as follows: 98 Id. at 115(e)(17); see also id. at 115(e)(35) regarding the interaction of preexisting (defining ‘‘unmatched’’). settlement agreements and cumulative § 210.12 Definitions. 99 Id. at 115(e)(36) (‘‘The term ‘voluntary license’ reporting obligations.104 The Office * * * * * means a license for use of a musical work (or share recognizes that the DLC’s comments thereof) other than a compulsory license obtained (k) Any terms not otherwise defined under this section.’’); id. at 115(d)(9)(C) (describing arise out of a complicated and nuanced in this section shall have the meanings transition to blanket license). The MLC will treatment of private transactions and set forth in 17 U.S.C. 115(e). ‘‘confirm uses of musical works subject to voluntary remains available to dialogue further, in ■ licenses and individual download licenses, and the 3. Amend § 210.20 by revising corresponding pro rata amounts to be deducted paragraph (b)(3)(i) and adding from royalties that would otherwise be due under Copyright Office, Views of the United States Copyright Office Concerning PRO Licensing of paragraphs (c) through (j) to read as the blanket license.’’ Id. at 115(d)(3)(G)(i)(I)(bb). The follows: Office has proposed a rule that would require DMPs Jointly Owned Works (Jan. 2016), https:// www.copyright.gov/policy/pro-licensing.pdf. As a to provide a description (including the start and § 210.20 Statements required for limitation end dates, the musical work copyright owner, and starting point, ‘‘[j]oint authors co-owning copyright either a list of all covered musical works or an in a work . . . ‘each hav[e] an independent right on liability for digital music providers for identification of any applicable catalog exclusions) to use or [non-exclusively] license the copyright, the transition period prior to the license of any applicable voluntary licenses to the MLC so subject only to a duty to account to the other co- availability date. owner for any profits earned thereby.’ ’’ Cmty. for that the MLC can confirm such uses for DMPs. See * * * * * 85 FR 22537, 22541. Creative Non-Violence v. Reid, 846 F.2d 1485, 1498 100 While in some cases, the terms of a settlement (DC Cir. 1988). Collaborators can and sometimes do (b) * * * agreement may provide continuing license ‘‘alter this statutory allocation of rights and (3) * * * liabilities by contract,’’ including with respect to authority, the Second Circuit has opined that, (i) Not later than 45 calendar days ‘‘absent clear language to the contrary, they are not licensing. Paul Goldstein, 1 Goldstein on Copyright licenses for future use.’’ Compare Davis v. Blige 505 sec. 4.2 (3d. ed. 2020); see, e.g., Corbello v. DeVito, after the license availability date, F.3d 90, 102–04 (2d Cir. 2007) (holding that ‘‘a 832 F. Supp. 2d 1231, 1244 (D. Nev. 2011). transfer all accrued royalties to the license or assignment in copyright can only act 102 The Office has not been provided copies of mechanical licensing collective (as prospectively,’’ and that a co-owner cannot convey these settlement agreements. required by paragraph (i)(2) of this ‘‘his co-owners’ right to prosecute past 103 DLC Initial at 18. infringements’’) with Jacobs v. Nintendo of Am., 104 Further, while the Office appreciates the section), such payment to be Inc., 370 F.3d 1097, 1101 (Fed. Cir. 2004) (holding DLC’s view that enactment of the MMA was not accompanied by a cumulative statement that a settlement with an unrestricted grant to intended to result in services ‘‘pay[ing] double’’ to of account that: engage in patented activities carried with it an the same parties for the same activities, id. at 19, (A) Includes all of the information implied sublicense); see also United States v. its specific proposed regulatory language may Youngstown Sheet & Tube Co., 171 F.2d 103, 111 conflict with the statutory definition of ‘‘accrued required by paragraphs (c) through (e) of (6th Cir. 1948) (‘‘A release for wrongs done in the royalties’’ and lack precision with respect to this section covering the period starting past is not the equivalent of a license to do scenarios where a payment does not extinguish from initial use of the work; rightfully the same thing in the future.’’). royalty entitlements for all copyright owners for the 101 For a background discussion on relevant works; that is, where usage remains fully (B) Is delivered to the mechanical considerations related to licensing co-owned works or partially ‘‘unmatched’’ within the meaning of the licensing collective as required by in the performance royalty context, see U.S. statute. paragraph (i)(1) of this section; and

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43524 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

(C) Is certified as required by reconcile with the royalties actually musical works to engage in covered paragraph (j) of this section; and transferred to the mechanical licensing activities, and to the extent practicable: * * * * * collective, a clear and detailed (1) Sound recording copyright (c) Each cumulative statement of explanation of the difference and the owner(s); account delivered to the mechanical basis for it. (2) Producer(s); licensing collective under paragraph (d) The royalty payment and (3) International standard recording (b)(3)(i) of this section shall be clearly accounting information called for by code(s) (ISRC); and prominently identified as a paragraph (c)(4)(i) of this section shall (4) Any other unique identifier(s) for ‘‘Cumulative Statement of Account for consist of the following: or associated with the sound recording, Making and Distributing Phonorecords,’’ (1) A detailed and step-by-step including any unique identifier(s) for and shall include a clear statement of accounting of the calculation of any associated album, including but not the following information: royalties payable by the digital music limited to: (1) The period (months and years) provider under applicable provisions of (i) Catalog number(s); covered by the cumulative statement of this section and part 385 of this title, (ii) Universal product code(s) (UPC); account. sufficient to allow the mechanical and (2) The full legal name of the digital licensing collective to assess the manner (iii) Unique identifier(s) assigned by music provider and, if different, the in which the digital music provider any distributor; trade or consumer-facing brand name(s) determined the royalty owed and the (5) Version(s); of the service(s), including any specific accuracy of the royalty calculations, (6) Release date(s); offering(s), through which the digital including but not limited to the number (7) Album title(s); music provider engages, or has engaged of payable units, including, as (8) Label name(s); at any time during the period identified applicable, permanent downloads, (9) Distributor(s); and in paragraph (c)(1) of this section, in plays, and constructive plays, for each (10) Other information commonly covered activities. If the digital music reported sound recording. used in the industry to identify sound provider has a unique DDEX identifier (2) A digital music provider may, in recordings and match them to the number, it must also be provided. cases where the final public musical works the sound recordings (3) The full address, including a performance royalty has not yet been embody. specific number and street name or rural determined, compute the public (ii) Identifying information for the route, of the place of business of the performance royalty component based musical work embodied in the reported digital music provider. A post office box on the interim public performance sound recording, to the extent acquired or similar designation will not be royalty rate, if established; or by the digital music provider in the sufficient except where it is the only alternatively, on a reasonable estimation metadata provided by sound recording address that can be used in that of the expected royalties to be paid in copyright owners or other licensors of geographic location. accordance with GAAP. sound recordings in connection with the (4) For each sound recording (3) All information and calculations use of sound recordings of musical embodying a musical work for which provided pursuant to paragraph (d) of works to engage in covered activities, accrued royalties must be transferred to this section shall be made in good faith and to the extent practicable: the mechanical licensing collective and on the basis of the best knowledge, (A) Information concerning under paragraph (b)(3)(i) of this section, information, and belief of the digital authorship and ownership of the a detailed cumulative statement, from music provider at the time the applicable rights in the musical work which the mechanical licensing cumulative statement of account is embodied in the sound recording, collective may separate reported delivered to the mechanical licensing including but not limited to: information for each month and year for collective, and subject to any additional (1) Songwriter(s); each applicable activity or offering accounting and certification (2) Publisher(s) with applicable U.S. including as may be defined in part 385 requirements under 17 U.S.C. 115 and rights; of this title, of all of: this section. (3) Musical work copyright owner(s); (i) The royalty payment and (e)(1) The following information must (4) International standard name accounting information required by be provided for each sound recording identifier(s) (ISNI) and interested parties paragraph (d) of this section; and embodying a musical work required to information code(s) (IPI) for each such (ii) The sound recording and musical be reported under paragraph (c)(4)(ii) of songwriter, publisher, and musical work work information required by paragraph this section: copyright owner; and (e) of this section. (i) Identifying information for the (5) Respective ownership shares of (5) The total royalty payable by the sound recording, including but not each such musical work copyright digital music provider for the period limited to: owner; identified in paragraph (c)(1) of this (A) Sound recording name(s), (B) International standard musical section for the sound recordings including, to the extent practicable, all work code(s) (ISWC) for the musical embodying musical works identified in known alternative and parenthetical work embodied in the sound recording; paragraph (c)(4) of this section, titles for the sound recording; and computed in accordance with the (B) Featured artist(s); (C) Musical work name(s) for the requirements of this section and part (C) Unique identifier(s) assigned by musical work embodied in the sound 385 of this title, and including detailed the digital music provider, if any, recording, including any alternative or information regarding how the royalty including any code(s) that can be used parenthetical titles for the musical work. was computed, with such total royalty to locate and listen to the sound (iii) Whether the digital music payable broken down by month and recording through the digital music provider, or any corporate parent or year and by each applicable activity or provider’s public-facing service; subsidiary of the digital music provider, offering including as may be defined in (D) Playing time; and is a copyright owner of the musical part 385 of this title. (E) To the extent acquired by the work embodied in the sound recording. (6) If the total royalty payable under digital music provider in connection (iv) A reference number or code paragraph (c)(5) of this section does not with its use of sound recordings of identifying the relevant Notice of

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43525

Intention, if the digital music provider, representatives) contained in each of the provider within a reasonable period of or its agent, chose to include such a following DDEX fields: DDEX Party time after the cumulative statement of number or code on its relevant Notice of Identifier (DPID), LabelName, and account and related royalties are Intention for the compulsory license. PLine. Where a digital music provider received. The response file shall contain (2) Subject to paragraph (e)(3) of this acquires this information in addition to such information as is common in the section, where any of the information other information identifying a relevant industry to be reported in response files, called for by paragraph (e)(1) of this sound recording copyright owner, all backup files, and any other similar such section is acquired by the digital music such information must be reported to files provided to digital music providers provider from sound recording the extent practicable. by applicable third-party administrators. (5) As used in this paragraph (e), it is copyright owners or other licensors of (i)(1) Each cumulative statement of sound recordings (or their practicable to provide the enumerated account delivered to the mechanical representatives), and the digital music information if: licensing collective under paragraph provider revises, re-titles, or otherwise (i) It belongs to a category of (b)(3)(i) of this section shall be delivered edits or modifies the information, it information expressly required by the in a machine-readable format that is shall be sufficient for the digital music enumerated list of information compatible with the information provider to report either the originally contained in 17 U.S.C. technology systems of the mechanical acquired version or the modified 115(d)(4)(A)(ii)(I)(aa) or (bb); licensing collective as reasonably version of such information (but any (ii) Where the mechanical licensing determined by the mechanical licensing modified information must be identified collective has adopted a particular collective and set forth on its website, as such) to satisfy its obligations under nationally or internationally recognized paragraph (e)(1) of this section, unless reporting or data standard or format taking into consideration relevant one or more of the following scenarios (e.g., DDEX) that is being used by the industry standards and the potential for apply, in which case either the particular digital music provider, it different degrees of sophistication unaltered version or both versions must belongs to a category of information among digital music providers. The be reported: required to be reported under such mechanical licensing collective must (i) If the mechanical licensing standard or format; offer at least two options, where one is collective has adopted a particular (iii) It belongs to a category of dedicated to smaller digital music nationally or internationally recognized information that is reported by the providers that may not be reasonably reporting or data standard or format particular digital music provider capable of complying with the (e.g., DDEX) that is being used by the pursuant to any voluntary license or requirements of a reporting or data particular digital music provider, and individual download license; or standard or format that the mechanical either the unaltered version or both (iv) It belongs to a category of licensing collective may see fit to adopt versions are required to be reported information that was periodically for larger digital music providers with under such standard or format. reported by the particular digital music more sophisticated operations. Nothing (ii) Either the unaltered version or provider prior to the license availability in this section shall be construed as both versions are reported by the date. prohibiting the mechanical licensing particular digital music provider (6) Notwithstanding any information collective from adopting more than two pursuant to any voluntary license or reported under paragraph (e)(1)(ii)(A)(5) reporting or data standards or formats. individual download license. of this section, for each track for which (2) Royalty payments shall be (iii) Either the unaltered version or a share of a musical work has been delivered to the mechanical licensing both versions were periodically reported matched and for which accrued collective in such manner and form as by the particular digital music provider royalties for such share have been paid, the mechanical licensing collective may prior to the license availability date. but for which one or more shares of the reasonably determine and set forth on (3) Notwithstanding paragraph (e)(2) musical work remains unmatched and its website. A cumulative statement of of this section, a digital music provider unpaid, the digital music provider must account and its related royalty payment shall not be able to satisfy its obligations provide a clear identification of the may be delivered together or separately, under paragraph (e)(1) of this section by share(s) that have been matched, the but if delivered separately, the payment reporting a modified version of any owner(s) of such matched shares, and, must include information reasonably information belonging to a category of for shares other than those paid sufficient to allow the mechanical information that was not periodically pursuant to a voluntary license, the licensing collective to match the revised, re-titled, or otherwise edited or amount of such accrued royalties paid. cumulative statement of account to the modified by the particular digital music (f) The information required by payment. provider prior to the license availability paragraphs (c) through (e) of this section (3) In the case of an overpayment of date, and in no case shall a modified requires intelligible, legible, and royalties, the mechanical licensing version of any unique identifier unambiguous statements in the collective shall appropriately credit or (including but not limited to ISRC and cumulative statements of account, offset the excess payment amount and ISWC), playing time, or release date be without incorporation by reference of apply it to the digital music provider’s sufficient to satisfy the digital music facts or information contained in other account. As an alternative to a credit, a provider’s obligations under paragraph documents or records. (e)(1) of this section. (g) References to part 385 of this title, digital music provider may request a (4) Any obligation under paragraph as used in paragraphs (c) and (d) of this refund for an overpayment of royalties, (e)(1) of this section concerning section, refer to the rates and terms of which the mechanical licensing information about sound recording royalty payments as in effect as to each collective shall pay within a reasonable copyright owners may be satisfied by particular reported use based on when period of time. reporting the information for applicable the use occurred. (j) Each cumulative statement of sound recordings provided to the digital (h) If requested by a digital music account delivered to the mechanical music provider by sound recording provider, the mechanical licensing licensing collective under paragraph copyright owners or other licensors of collective shall deliver an invoice and/ (b)(3)(i) of this section shall be sound recordings (or their or a response file to the digital music accompanied by:

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43526 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

(1) The name of the person who is ENVIRONMENTAL PROTECTION VI. What action is the EPA taking? signing and certifying the cumulative AGENCY VII. Incorporation by Reference statement of account. VIII. Statutory and Executive Order Reviews (2) A signature, which in the case of 40 CFR Part 52 I. Written Comments a digital music provider that is a [EPA–R07–OAR–2020–0331; FRL–10011– Submit your comments, identified by corporation or partnership, shall be the 37–Region 7] Docket ID No. EPA–R07–OAR–2020– signature of a duly authorized officer of 0331 at https://www.regulations.gov. Air Plan Approval; Missouri; Removal the corporation or of a partner. Once submitted, comments cannot be of Control of Emissions From (3) The date of signature and edited or removed from Regulations.gov. Manufacture of Polystyrene Resin certification. The EPA may publish any comment (4) If the digital music provider is a AGENCY: Environmental Protection received to its public docket. Do not corporation or partnership, the title or Agency (EPA). submit electronically any information official position held in the partnership ACTION: Proposed rule. you consider to be Confidential or corporation by the person who is Business Information (CBI) or other signing and certifying the cumulative SUMMARY: The Environmental Protection information whose disclosure is statement of account. Agency (EPA) is proposing approval of restricted by statute. Multimedia a State Implementation Plan (SIP) (5) One of the following statements: submissions (audio, video, etc.) must be revision submitted by the State of accompanied by a written comment. (i) Statement one: Missouri on January 15, 2019, and The written comment is considered the I certify that (1) I am duly authorized to sign supplemented by letter on July 11, 2019. official comment and should include this cumulative statement of account on Missouri requests that the EPA remove discussion of all points you wish to behalf of the digital music provider; (2) I a rule related to the control of emissions make. The EPA will generally not have examined this cumulative statement of from the manufacture of polystyrene consider comments or comment account; and (3) all statements of fact resin in the St. Louis, Missouri area contents located outside of the primary contained herein are true, complete, and from its SIP. This removal does not have submission (i.e., on the web, cloud, or correct to the best of my knowledge, an adverse effect on air quality. The information, and belief, and are made in good other file sharing system). For faith. EPA’s proposed approval of this rule additional submission methods, the full revision is in accordance with the EPA public comment policy, (ii) Statement two: requirements of the Clean Air Act information about CBI or multimedia I certify that (1) I am duly authorized to sign (CAA). submissions, and general guidance on this cumulative statement of account on DATES: Comments must be received on making effective comments, please visit behalf of the digital music provider, (2) I or before August 17, 2020. https://www.epa.gov/dockets/ have prepared or supervised the preparation ADDRESSES: You may send comments, commenting-epa-dockets. of the data used by the digital music provider and/or its agent to generate this cumulative identified by Docket ID No. EPA–R07– II. What is being addressed in this statement of account, and (3) such data is OAR–2020–0331 to https:// document? www.regulations.gov. Follow the online true, complete, and correct to the best of my The EPA is proposing to approve the knowledge, information, and belief, and was instructions for submitting comments. prepared in good faith, and (4) this Instructions: All submissions received removal of 10 Code of State Regulations cumulative statement of account was must include the Docket ID No. for this (CSR) 10–5.410, Control of Emissions prepared by the digital music provider and/ rulemaking. Comments received will be from Manufacture of Polystyrene Resin, or its agent using processes and internal posted without change to https:// from the Missouri SIP. controls that were subject to an examination, www.regulations.gov/, including any According to the July 11, 2019 letter during the past year, by a licensed certified from the Missouri Department of public accountant in accordance with the personal information provided. For detailed instructions on sending Natural Resources, available in the attestation standards established by the docket for this proposed action, American Institute of Certified Public comments and additional information on the rulemaking process, see the Missouri rescinded the rule because the Accountants, the opinion of whom was that only source subject to the rule ceased the processes and internal controls were ‘‘Written Comments’’ heading of the suitably designed to generate monthly reports SUPPLEMENTARY INFORMATION manufacturing polystyrene resin in section of 1 of usage that accurately reflect, in all material this document. 2009, and the rule is no longer necessary for attainment and respects, the digital music provider’s usage of FOR FURTHER INFORMATION CONTACT: musical works, the statutory royalties maintenance of the 1979, 1997, 2008, or David Peter, Environmental Protection applicable thereto, and any other data that is 2015 National Ambient Air Quality necessary for the proper calculation of the Agency, Region 7 Office, Air Permitting Standards (NAAQS) for Ozone. statutory royalties in accordance with 17 and Standards Branch, 11201 Renner U.S.C. 115 and applicable regulations. Boulevard, Lenexa, Kansas 66219; III. Background telephone number (913) 551–7397; (6) A certification by a duly The EPA established a 1-hour ozone email address [email protected]. NAAQS in 1971. 36 FR 8186 (April 30, authorized officer of the digital music SUPPLEMENTARY INFORMATION: provider that the digital music provider 1971). On March 3, 1978, the entire St. Throughout this document ‘‘we,’’ ‘‘us,’’ Louis Air Quality Control Region has fulfilled the requirements of 17 and ‘‘our’’ refer to the EPA. U.S.C. 115(d)(10)(B)(i) and (ii) but has (AQCR) (070) was identified as being in not been successful in locating or Table of Contents nonattainment of the 1971 1-hour ozone identifying the copyright owner. NAAQS, as required by the CAA I. Written Comments Amendments of 1977. 43 FR 8962 Regan A. Smith, II. What is being addressed in this document? III. Background 1 The Part 70 Permit to Operate issued by General Counsel and Associate Register of IV. What is the EPA’s analysis of Missouri’s Copyrights. Missouri to The Dow Chemical Company, Riverside SIP revision request? Plant on September 22, 2010 describes the specific [FR Doc. 2020–15591 Filed 7–16–20; 8:45 am] V. Have the requirements for approval of a emissions units that ceased operation and the date BILLING CODE 1410–30–P SIP revision been met? the cessation occurred.

VerDate Sep<11>2014 18:23 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43527

(March 3, 1978). On the Missouri side, further progress (RFP), or any other emission reduction benefit to the St. the St. Louis nonattainment area applicable requirement of the CAA. The Louis Area and is proposing to remove included the city of St. Louis and State supplemented its SIP revision it from the SIP. Jefferson, St. Charles, Franklin and St. with a July 11, 2019 letter in order to Missouri’s July 11, 2019 letter states Louis Counties (hereinafter referred to address the requirements of section that any new sources or major in this document as the ‘‘St. Louis 110(l) of the CAA. modifications of existing sources are Area’’). On February 8, 1979, the EPA revised the 1-hour ozone NAAQS, IV. What is the EPA’s analysis of subject to new source review (NSR) referred to as the 1979 ozone NAAQS. Missouri’s SIP revision request? permitting. Under NSR, a new major 44 FR 8202 (February 8, 1979). On May In its July 11, 2019 letter, Missouri source or major modification of an 26, 1988, the EPA notified Missouri that states that it intended its RACT rules, existing source with a (potential to emit) the SIP was substantially inadequate such as 10 CSR 10–5.410, to solely PTE of 250 tons per year (tpy) 5 or more (hereinafter referred to as the ‘‘SIP apply to existing sources in accordance of any NAAQS pollutant is required to Call’’) to attain the 1-hour ozone with section 172(c)(1) of the CAA.2 obtain a Prevention of Significant NAAQS in the St. Louis Area. See 54 FR Missouri states that although the Deterioration (PSD) permit when the 43183 (October 23, 1989). applicability section of 10 CSR 10–5.410 area is in attainment or unclassifiable, To address the inadequacies specifies that the rule applies to all which requires an analysis of Best identified in the SIP Call, Missouri installations located throughout St. Available Control Technology (BACT) submitted volatile organic compound Louis City and Jefferson, St. Charles, in addition to an air quality analysis and (VOC) control regulations on June 14, Franklin and St. Louis Counties, the an additional impacts analysis. Sources 1985; November 19, 1986; and March only facility that met the applicability with a PTE greater than 100 tpy, but less 30, 1989. The EPA subsequently criteria of the rule was The Dow than 250 tpy,6 are required to obtain a approved the revised control regulations Chemical Company, Riverside Plant minor permit in accordance with for the St. Louis Area on March 5, 1990. (hereinafter referred to as ‘‘Dow Missouri’s New Source Review The VOC control regulations approved Chemical’’). permitting program, which is approved by EPA into the SIP included reasonably Missouri, in its July 11, 2019 letter, into the SIP.7 Further, a new major available control technology (RACT) indicated that Dow Chemical no longer rules as required by CAA section source or major modification of an manufactures polystyrene resin and existing source with a PTE of 100 tpy or 172(b)(2), including 10 CSR 10–5.410 instead purchases all the polystyrene more of any NAAQS pollutant is Control of Emissions from Manufacture resin used at the facility.3 Dow required to obtain a nonattainment (NA) of Polystyrene Resin. Chemical discontinued the manufacture NSR permit when the area is in The EPA redesignated the St. Louis of polystyrene resin in 2009. The EPA Area to attainment of the 1979 1-hour confirmed that the facility is no longer nonattainment, which requires an ozone standard on May 12, 2003. 68 FR manufacturing polystyrene resin 4 and is analysis of Lowest Achievable Emission 25418. Pursuant to section 175A of the therefore no longer subject to 10 CSR Rate (LAER) in addition to an air quality CAA, the first 10-year maintenance 10–5.410. analysis, an additional impacts analysis period for the 1-hour ozone standard As stated above, Missouri contends and emission offsets. The EPA agrees began on May 12, 2003, the effective that 10 CSR 10–5.410 may be removed with this analysis. date of the redesignation approval. On from the SIP because section 172(c)(1) of Missouri has demonstrated that April 30, 2004, the EPA published a the CAA requires RACT for existing removal of 10 CSR 10–5.410 will not final rule in the Federal Register stating sources, and because 10 CSR 10–5.410 the 1-hour ozone NAAQS would no interfere with attainment of the NAAQS, was applicable to a single source that 8 longer apply (i.e., would be revoked) for RFP or any other applicable has ceased the operations that caused an area one year after the effective date requirement of the CAA because the the facility to meet the applicability of the area’s designation for the 8-hour single source subject to the rule has criteria of the rule and, therefore, the ozone NAAQS. 69 FR 23951 (April 30, ceased the manufacture of polystyrene rule no longer reduces VOC emissions. 2004). The effective date of the resin and the removal of the rule will Because Dow Chemical was the only revocation of the 1979 1-hour ozone not cause VOC emissions to increase. source subject to the rule, and because standard for the St. Louis Area was June Therefore, the EPA proposes to approve the facility ceased the manufacture of 15, 2005. See 70 FR 44470 (August 3, the removal of 10 CSR 10–5.410 from polystyrene resin in 2009, the EPA 2005). the SIP. As noted above, 10 CSR 10–5.410, believes the rule no longer provides an Control of Emissions from Manufacture 2 The EPA agrees with Missouri’s interpretation of of Polystyrene Resin, was approved into CAA section 172(c)(1) in regard to whether RACT 5 The PSD major source threshold for certain the Missouri SIP as a RACT rule on is required for existing sources, but also notes that sources is 100 tpy rather than 250 tpy (see 40 CFR March 5, 1990. 55 FR 7712 (March 5, the State regulation establishing RACT may apply 52.21(b)(1)(i)(a) and 10 C.S.R. 10–6.060(8)(A)). 1990). At the time that the rule was to new sources as well, dependent upon the State 6 Except for those sources with a PSD major source threshold of 100 tpy. approved into the SIP, 10 CSR 10–5.410 regulation’s language. 3 This change in the operation of the facility is 7 EPA’s latest approval of Missouri’s NSR applied to all installations throughout supported by the Title V Permit issued on permitting program rule was published in the St. Louis City and Jefferson, St. Charles, September 22, 2010 to Dow Chemical. The Federal Register on October 11, 2016. 81 FR 70025. Franklin and St. Louis Counties that September 22, 2010 Title V Permit includes a 8 RFP is not applicable to the St. Louis Area manufactured polystyrene resin. statement that the polystyrene resin manufacturing because for marginal ozone nonattainment areas, emissions units were removed from operations and such as the St. Louis Area, the specific By letter dated January 15, 2019, the Title V Permit. requirements of section 182(a) apply in lieu of the Missouri requested that the EPA remove 4 EPA reviewed the September 22, 2010 and the attainment planning requirements that would 10 CSR 10–5.410 from the SIP. Section April 13, 2017 Title V Permits issued to Dow otherwise apply under section 172(c), including the 110(l) of the CAA prohibits EPA from Chemical and the March 5, 2019 MDNR inspection attainment demonstration and reasonably available report of Dow Chemical, currently operating as DDP control measures (RACM) under section 172(c)(1), approving a SIP revision that interferes Specialty Electronic Materials US Inc. and reasonable further progress (RFP) under section with any applicable requirement confirmed that these emissions units were no longer 172(c)(2), and contingency measures under section concerning attainment and reasonable used. 172(c)(9).

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43528 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

V. Have the requirements for approval that complies with the provisions of the specified by Executive Order 13175 (65 of a SIP revision been met? Act and applicable Federal regulations. FR 67249, November 9, 2000). 42 U.S.C. 7410(k); 40 CFR 52.02(a). The State submission has met the List of Subjects in 40 CFR Part 52 public notice requirements for SIP Thus, in reviewing SIP submissions, Environmental protection, Air submissions in accordance with 40 CFR EPA’s role is to approve state choices, pollution control, Incorporation by 51.102. The submission also satisfied provided that they meet the criteria of reference, Reporting and recordkeeping the completeness criteria of 40 CFR part the CAA. Accordingly, this action requirements, Volatile organic 51, appendix V. The State provided merely approves state law as meeting compounds. public notice on this SIP revision from Federal requirements and does not May 15, 2018, to August 2, 2018, and impose additional requirements beyond Dated: June 30, 2020. received twelve comments from the EPA those imposed by state law. For that James Gulliford, that related to Missouri’s lack of an reason, this action: Regional Administrator, Region 7. • Is not a significant regulatory action adequate demonstration that the rule For the reasons stated in the could be removed from the SIP in subject to review by the Office of Management and Budget under preamble, the EPA proposes to amend accordance with section 110(l) of the 40 CFR part 52 as set forth below: CAA, whether the rule applied to new Executive Orders 12866 (58 FR 51735, sources and other implications related October 4, 1993) and 13563 (76 FR 3821, PART 52—APPROVAL AND to rescinding the rule. Missouri’s July January 21, 2011); • PROMULGATION OF 11, 2019 letter and December 3, 2018 Is not an Executive Order 13771 (82 IMPLEMENTATION PLANS response to comments on the state FR 9339, February 2, 2017) regulatory rescission rulemaking addressed the action because SIP approvals are ■ 1. The authority citation for part 52 EPA’s comments. In addition, the exempted under Executive Order 12866. continues to read as follows: • revision meets the substantive SIP Does not impose an information Authority: 42 U.S.C. 7401 et seq. requirements of the CAA, including collection burden under the provisions section 110 and implementing of the Paperwork Reduction Act (44 Subpart—AA Missouri regulations. U.S.C. 3501 et seq.); • Is certified as not having a § 52.1320 [Amended] VI. What action is the EPA taking? significant economic impact on a ■ 2. In § 52.1320, the table in paragraph The EPA is proposing to approve substantial number of small entities (c) is amended by removing the entry Missouri’s request to rescind 10 CSR under the Regulatory Flexibility Act (5 ‘‘10–5.410’’ under the heading ‘‘Chapter 10–5.410 from the SIP because the rule U.S.C. 601 et seq.); 5-Air Quality Standards and Air applied to a single facility that ceased • Does not contain any unfunded Pollution Control Regulations for the St. the manufacture of polystyrene resin, mandate or significantly or uniquely Louis Metropolitan Area’’. which caused the facility to initially be affect small governments, as described [FR Doc. 2020–14524 Filed 7–16–20; 8:45 am] subject to the rule, in 2009 and because in the Unfunded Mandates Reform Act BILLING CODE 6560–50–P the rule is not applicable to any other of 1995 (Pub. L. 104–4); source. Therefore, the rule no longer • Does not have federalism serves to reduce emissions in the St. implications as specified in Executive DEPARTMENT OF COMMERCE Louis Area. Further, any new sources or Order 13132 (64 FR 43255, August 10, major modifications of existing sources 1999); National Oceanic and Atmospheric in the St. Louis Area are subject to NSR • Is not an economically significant Administration permitting.9 We are processing this as a regulatory action based on health or proposed action because we are safety risks subject to Executive Order 50 CFR Part 648 soliciting comments on this proposed 13045 (62 FR 19885, April 23, 1997); [Docket No. 200706–0179] action. Final rulemaking will occur after • Is not a significant regulatory action consideration of any comments. subject to Executive Order 13211 (66 FR RIN 0648–BI15 28355, May 22, 2001); VII. Incorporation by Reference • Is not subject to requirements of the Magnuson-Stevens Fishery In this document, the EPA is National Technology Transfer and Conservation and Management Act proposing to amend regulatory text that Advancement Act (NTTA) because this Provisions; Fisheries of the includes incorporation by reference. As rulemaking does not involve technical Northeastern United States; Electronic described in the proposed amendments standards; and Vessel Trip Reporting • to 40 CFR part 52 set forth below, the Does not provide EPA with the AGENCY: National Marine Fisheries EPA is proposing to remove provisions discretionary authority to address, as Service (NMFS), National Oceanic and of the EPA-Approved Missouri appropriate, disproportionate human Atmospheric Administration (NOAA), Regulation from the Missouri State health or environmental effects, using Commerce. Implementation Plan, which is practicable and legally permissible ACTION: Proposed rule; request for incorporated by reference in accordance methods, under Executive Order 12898 comments. with the requirements of 1 CFR part 51. (59 FR 7629, February 16, 1994). VIII. Statutory and Executive Order The SIP is not approved to apply on SUMMARY: This action proposes approval Reviews any Indian reservation land or in any of, and regulations to implement, an other area where EPA or an Indian tribe action to require commercially Under the CAA, the Administrator is has demonstrated that a tribe has permitted vessels in both New England required to approve a SIP submission jurisdiction. In those areas of Indian and mid-Atlantic regions to submit country, the rule does not have tribal vessel trip reports electronically within 9 ‘‘NSR Permitting’’ includes PSD permitting in areas designated attainment and unclassifiable, NA implications and will not impose 48 hours of the end of a trip. In NSR in areas designated nonattainment and minor substantial direct costs on tribal addition, this action would require for- source permitting. governments or preempt tribal law as hire vessels with permits for species

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43529

managed by the New England Fishery to submit vessel trip reports At the outset of this action (June Management Council to submit vessel electronically (eVTR) within 48 hours of 2019), the New England Council moved trip reports electronically. Document the end of the trip when carrying to include its own for-hire vessels in the retention requirements would also be passengers for hire. Shortly after, the framework. However, after consulting removed with this action. This action is Mid-Atlantic Council initiated an action with the Mid-Atlantic Council, the New intended to increase data quality and to require the same of its commercial England Council agreed to move timeliness of vessel trip reports. vessels. Given the substantial overlap in forward with just the commercial DATES: Comments must be received by vessel permits across the two Councils, reporting changes. At its April 2020 August 17, 2020. the New England Fishery Management meeting, after completing the relevant ADDRESSES: You may submit comments, Council agreed to make the action a analyses and determining how few identified by NOAA–NMFS–2020–0070, joint omnibus action for all Fishery vessels would remain without an eVTR by the following method: Management Plans of both Councils. At requirement, the New England Council • Electronic Submission: Submit all their respective December 2019 and requested that NMFS use the Magnuson- electronic public comments via the January 2020 meetings, the Mid-Atlantic Stevens Fishery Conservation and Federal eRulemaking Portal. and New England Councils voted to Management Act authority at section 1. Go to http://www.regulations.gov/ submit the action to NMFS for approval. 305(d) to extend the eVTR requirement #!docketDetail;D=NOAA-NMFS-2020- Currently, commercial vessels are to New England Council for-hire vessels 0070; required to submit vessel trip reports through the same rulemaking to 2. Click the ‘‘Comment Now!’’ icon either on paper or electronically implement the commercial eVTR and complete the required fields; and following each trip. Several fishery framework. 3. Enter or attach your comments. management plans require weekly Including for-hire vessels with Instructions: Comments sent by any submission (Atlantic herring; Atlantic permits for New England Council- other method, to any other address or Mackerel, Squid, Butterfish; Northeast managed species in the action would individual, or received after the end of Multispecies; and Surfclam and Ocean streamline this rulemaking and the comment period, may not be Quahog); others require monthly regulatory text, improve our outreach considered by us. All comments submission (Atlantic Bluefish; Atlantic efforts, and reduce the administrative received are a part of the public record Deep-Sea Red Crab; Atlantic Sea burden of maintaining two reporting and will generally be posted for public Scallop; Summer Flounder, Scup, Black systems. Further, as noted above, the viewing on www.regulations.gov Sea Bass; Monkfish; Northeast Skate majority of vessels that would be without change. All personal identifying Complex; Spiny Dogfish; and Tilefish). impacted are already using electronic information (e.g., name, address, etc.), With this action, all vessel trip reports reporting voluntarily. confidential business information, or would be required to be submitted Classification otherwise sensitive information electronically within 48 hours of the submitted voluntarily by the sender will end of a fishing trip. Pursuant to section 304(b)(1)(A) of the be publicly accessible. We will accept The Councils considered a variety of Magnuson-Stevens Act, the National anonymous comments (enter ‘‘N/A’’ in reporting timelines, including status Marine Fisheries Service (NMFS) the required fields if you wish to remain quo (monthly or weekly), 24 hours, 72 Assistant Administrator has made a anonymous). If you are unable to submit hours, or weekly reporting. Ultimately, preliminary determination that this your comment through both Councils determined that 48 hours proposed rule is consistent with the www.regulations.gov, contact Moira was preferred, as this was consistent Joint Omnibus Electronic Vessel Trip Kelly, Senior Fishery Program with the existing for-hire eVTR Reporting Framework Adjustment, other Specialist, phone: 978–281–9218; email: requirements. In addition to the method provisions of the Magnuson-Stevens [email protected]. and submission timeframe changes, the Act, and other applicable law. In Copies of the Joint Omnibus Councils recommend removing addition, under the authority granted in Electronic Vessel Trip Reporting document retention requirements that section 305(d), NMFS is proposing to Framework Adjustment prepared by the are no longer necessary with electronic extend the requirements of this action to Mid-Atlantic and New England Fishery reporting. vessels issued for-hire permits for New Management Council in support of this England Council fisheries. action are available from Dr. New England Council For-Hire This proposed rule has been Christopher Moore, Executive Director, Upon implementation of the Councils’ determined to be not significant for Mid-Atlantic Fishery Management proposed action, all federally permitted purposes of Executive Order (E.O.) Council, 800 North Street, Suite 201, vessels in the Greater Atlantic Region 12866. This proposed rule is expected to Dover, DE 19901. The supporting would be required to submit vessel trip be an E.O. 13771 deregulatory action. documents are also accessible via the reports electronically, with two This proposed rule does not contain internet at: https://www.mafmc.org/ exceptions: (1) Federally permitted policies with Federalism or takings actions/commercial-evtr-framework, lobster vessels; and (2) vessels holding implications as those terms are defined https://www.nefmc.org/library/omnibus- only a New England Council-managed in E.O. 13132 and E.O. 12630, commercial-evtr-framework, or http:// for-hire permit. In conjunction with a respectively. www.regulations.gov. reporting action by the Atlantic States The Chief Counsel for Regulation of FOR FURTHER INFORMATION CONTACT: Marine Fisheries Commission, we are the Department of Commerce has Moira Kelly, Senior Fishery Program addressing the lobster reporting certified to the Chief Counsel for Specialist, phone: 978–281–9218; email: requirements separately from this Advocacy of the Small Business [email protected]. action. There are currently fewer than Administration that this proposed rule, SUPPLEMENTARY INFORMATION: In April 15 vessels that are only issued a New if adopted, would not have a significant 2019, NOAA’s NMFS implemented a England for-hire permit. Of those, 10 economic impact on a substantial requirement for vessels issued a for-hire were active in 2019, and 6 of those number of small entities. The factual permit for a Mid-Atlantic Fishery submitted vessel trip reports determination for this determination is Management Council-managed fishery electronically. as follows.

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43530 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules

This is an administrative action that 15 for-hire vessels not considered in the Dated: July 7, 2020. would change the method of submission Councils’ original analysis. The majority Samuel D. Rauch III, and reporting frequency of vessel trip of these 15 vessels are issued only a Deputy Assistant Administrator for reports. Currently, commercial vessels Northeast multispecies for-hire permit Regulatory Programs, National Marine are required to submit vessel trip reports (one vessel also holds a lobster permit). Fisheries Service. either on paper or electronically Seven of the 15 vessels submitted vessel For the reasons stated in the following each trip. Several fishery trip reports in 2019, ranging from 6 to preamble, 50 CFR part 648 is proposed management plans require weekly nearly 70 trips, with an average of 22 to be amended as follows: submission (Atlantic herring; Atlantic trips. Charters (private trips for up to 6 Mackerel, Squid, Butterfish; Northeast people) typically cost around $1,000 for PART 648—FISHERIES OF THE Multispecies; and, Surfclam and Ocean groundfish trips, while a party boat can NORTHEASTERN UNITED STATES Quahog); others require monthly carry around 70 people and typically ■ submission (Atlantic Bluefish; Atlantic charge approximately $70 per customer. 1. The authority citation for part 648 continues to read as follows: Deep-Sea Red Crab; Atlantic Sea As a result, gross revenue from these Scallop; Summer Flounder, Scup, Black vessels’ trips likely averaged between Authority: 16 U.S.C. 1801 et seq. Sea Bass; Monkfish; Northeast Skate $20,000 and $100,000 in 2019, ranging ■ Complex; Spiny Dogfish; and, Tilefish). 2. Amend § 648.7 by: from $6,000 to upwards of $330,000, ■ With this action, vessel trip reports a. Revising paragraphs (b)(1), (c), (d), well below the $8 million small would be required to be submitted and (f)(2); and business threshold for for-hire fishing ■ electronically, within 48 hours of the b. Removing and reserving paragraph end of a fishing trip. entities. (e)(2). The Regulatory Flexibility Act (RFA) Complying with the proposed eVTR The revisions read as follows: requires Federal agencies to consider submission requirements can be § 648.7 Recordkeeping and reporting disproportionality and profitability to accomplished for no cost using several requirements. determine the significance of regulatory of the available eVTR applications with * * * * * impacts. For RFA purposes only, NMFS a smartphone, personal computer, or (b) * * * established a small business size tablet and internet connection/cellular (1) Fishing Vessel Trip Reports. The standard for businesses, including their data. The ubiquitous nature of owner or operator of any vessel issued affiliates, whose primary industry is smartphones, computers, and internet a valid permit or eligible to renew a commercial fishing (see 50 CFR 200.2). availability in private homes and A business primarily engaged in limited access permit under this part businesses, as well as free access to Wi- must maintain on board the vessel, and commercial fishing (NAICS code 11411) Fi in most public libraries and other is classified as a small business if it is submit, an accurate fishing log report for locations, provides a free to minimal each fishing trip, regardless of species independently owned and operated, is cost means for permit holders to access not dominant in its field of operation fished for or taken, by electronic means. eVTRs. Therefore, there is little to no This report must be entered into and (including its affiliates), and has direct negative economic impact to combined annual receipts less than not submitted through a software permit holders. Although this low-cost application approved by NMFS. The in excess of $11 million for all its option is available, captains may affiliated operations worldwide. The reporting requirements specified in this voluntarily choose a different reporting determination of whether the entity is paragraph (b)(1)(i) for an owner or mechanism, additional services, or large or small is based on the average operator of a vessel fishing for, upgraded hardware options that would annual revenue for the most recent 3 possessing, or landing Atlantic chub increase their costs to varying degrees. years for which data are available (from mackerel are effective through 2016 through 2018). Because the eVTR submission December 31, 2020. The measures proposed in this action requirements can be accomplished at (i) With the exception of those vessel apply to the vessels that hold low/no cost, no adverse impacts are owners or operators fishing under a commercial Federal permits for species expected from the proposed measures, surfclam or ocean quahog permit, at managed by the New England or Mid- and in the long-term, electronic least the following information as Atlantic Council. There were 3,832 reporting is expected to reduce applicable and any other information affiliates that reported revenue from reporting burden as we will be able to required by the Regional Administrator commercial landings in 2016, 2017, consolidate requirements into the eVTR must be provided: Vessel name; USCG and/or 2018. Based on combined platforms. documentation number (or state receipts in 2018, 3,820 of these registration number, if undocumented); Therefore, this action is not expected permit number; date/time sailed; date/ commercial entities were classified as to have a significant economic effect on small businesses and 12 were classified time landed; trip type; number of crew; a substantial number of small entities. as large businesses. When considering number of anglers (if a charter or party Under the proposed action, small affiliates that reported revenues from boat); gear fished; quantity and size of entities would not be placed at a commercial fishing activities, the 3-year gear; mesh/ring size; chart area fished; competitive disadvantage relative to average (2016–2018) annual combined average depth; latitude/longitude; total gross receipts from all commercial large entities, and the regulations would hauls per area fished; average tow time fishing activity was $1.1 billion for all not reduce the profits for any small duration; hail weight, in pounds (or combined affiliates classified as small entities relative to taking no action. As count of individual fish, if a party or businesses and $229,738,842 for all a result, an initial regulatory flexibility charter vessel), by species, of all species, combined affiliates classified as large analysis is not required and none has or parts of species, such as monkfish businesses. The Small Business been prepared. livers, landed or discarded; and, in the Administration threshold for a small List of Subjects in 50 CFR Part 648 case of skate discards, ‘‘small’’ (i.e., less business is $8 million for for-hire than 23 inches (58.42 cm), total length) entities and $11 million for commercial Fisheries, Fishing, Recordkeeping, or ‘‘large’’ (i.e., 23 inches (58.42 cm) or fishing entities. There are an additional and reporting requirements. greater, total length) skates; dealer

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Proposed Rules 43531

permit number; dealer name; date sold, paragraph (b)(1)(i) of this section must will be based, that are required to be port and state landed; and vessel be filled out with all required submitted or kept under this part. operator’s name, signature, and information, except for information not * * * * * operator’s permit number (if applicable). yet ascertainable, prior to entering port. (f) * * * (ii) The owner or operator of any Information that may be considered (2) Fishing vessel trip reports. For any vessel conducting any surfclam and unascertainable prior to entering port ocean quahog fishing operations must vessel issued a valid permit or eligible includes dealer name, dealer permit to renew a limited access permit under provide at least the following number, and date sold. Vessel trip information and any other information this part, fishing vessel trip reports, reports must be completed as soon as required by paragraph (b)(1) of this required by the Regional Administrator: the information becomes available. Name and permit number of the vessel, section, must be submitted within 48 Vessel trip reports required by total amount in bushels of each species hours at the conclusion of a trip. paragraph (b)(1)(ii) of this section must taken, date(s) caught, time at sea, (i) For the purposes of this paragraph duration of fishing time, locality fished, be filled out before landing any (f)(2), the date when fish are offloaded crew size, crew share by percentage, surfclams or ocean quahogs. from a commercial vessel will establish landing port, date sold, price per bushel, (d) Inspection. Upon the request of an the conclusion of a commercial trip. buyer, tag numbers from cages used, authorized officer or an employee of (ii) For the purposes of this paragraph quantity of surfclams and ocean NMFS designated by the Regional (f)(2), the date a charter/party vessel quahogs discarded, and allocation Administrator to make such inspections, enters port will establish the conclusion permit number. all persons required to submit reports of a for-hire trip. * * * * * under this part must make immediately * * * * * (c) When to fill out a vessel trip report. available for inspection reports, and all [FR Doc. 2020–14949 Filed 7–16–20; 8:45 am] Vessel trip reports required by records upon which those reports are or BILLING CODE 3510–22–P

VerDate Sep<11>2014 16:50 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00039 Fmt 4702 Sfmt 9990 E:\FR\FM\17JYP1.SGM 17JYP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 43532

Notices Federal Register Vol. 85, No. 138

Friday, July 17, 2020

This section of the FEDERAL REGISTER Please be advised that before placing This meeting notice is being contains documents other than rules or them into the conference call, the published less than 15 days in advance proposed rules that are applicable to the operator will ask callers to provide their of the meeting due to limitations in public. Notices of hearings and investigations, names, their organizational affiliations leaderships schedule. committee meetings, agency decisions and (if any), and email addresses (so that rulings, delegations of authority, filing of Dated: July 14, 2020. petitions and applications and agency callers may be notified of future Cikena Reid, meetings). Callers can expect to incur statements of organization and functions are USDA Committee Management Officer. examples of documents appearing in this charges for calls they initiate over [FR Doc. 2020–15495 Filed 7–16–20; 8:45 am] section. wireless lines, and the USDA will not refund any incurred charges. Callers BILLING CODE 3412–88–P will incur no charge for calls they DEPARTMENT OF AGRICULTURE initiate over land-line connections to the toll-free conference call-in number. DEPARTMENT OF COMMERCE Office of Partnerships and Public Public Comments: Written comments Engagement for the Committee’s consideration may Bureau of Industry and Security be submitted to email: [email protected]. [Docket No. 200710–0186] Advisory Committee on Minority Written comments must be received by Farmers RIN 0694–XC063 July 28, 2020. AGENCY: Office of Partnerships and Availability of Materials for the Advanced Surveillance Systems and Public Engagement, USDA. Meeting: General information about the Other Items of Human Rights Concern ACTION: Notice of conference call ACMF as well as any updates meeting. concerning the meeting announced in AGENCY: Bureau of Industry and this notice, may be found on the ACMF Security, Commerce. SUMMARY: Notice is hereby given, website at https://www.usda.gov/ ACTION: Notice of inquiry. pursuant to the provisions of the rules partnerships/advisory-committee-on- and regulations of the Department of minority-farmers SUMMARY: In this notice, the Department Agriculture and the Federal Advisory Accessibility: USDA is committed to of Commerce (Department), Bureau of Committee Act (FACA), that a public ensuring that all persons are included in Industry and Security (BIS) seeks public teleconference of the Advisory our programs and events. If you are a comments on the list of items on the Committee on Minority Farmers person with a disability and require Export Administration Regulations’ (ACMF) will be held to discuss USDA reasonable accommodations to (EAR) Commerce Control List (CCL) that outreach, technical assistance, and participate in this meeting please are controlled for crime control and capacity building for and with minority contact Eston Williams at detection (CC) reasons to promote farmers; the implementation of the [email protected] or (202) 596– human rights throughout the world. The Socially Disadvantaged and Veteran 0226. request for comments in this notice Farmer and Rancher Grant Program Individuals who use furthers the periodic review of items (2501 Program); and methods of telecommunication devices for the deaf controlled for CC reasons and is maximizing the participation of (TDD) may call the Federal Information intended to inform the agency’s minority farmers and ranchers in the Relay Service (FIRS) at 1–800–877–8339 decisions in updating (including U.S. Department of Agriculture; and to between 8:00 a.m. and 8:00 p.m., additions and removals) items plan mechanisms for best providing Eastern Standard Time, Monday controlled for CC reasons on the CCL, as advice to the Secretary on the issues through Friday. well as the related licensing outlined above. Background: The Committee was requirements for such items. BIS takes DATES: The public portion of the established in the U.S. Department of this action pursuant to the Export conference call will be held on Agriculture pursuant to section 14008 of Control Reform Act of 2018 (ECRA). Wednesday, July 29, 2020 at 12:15–1:15 the Food Conservation and Energy Act DATES: Comments must be received no p.m. Eastern Standard Time (EST). of 2008, Public Law 110–246, 122 Stat. later than September 15, 2020. FOR FURTHER INFORMATION CONTACT: 1651, 2008 (7 U.S.C. 2279). ADDRESSES: Comments may be General information about the The Committee works in the interest submitted by any of the following committee can also be found at https:// of the public to ensure socially methods. www.usda.gov/partnerships/advisory- disadvantaged farmers have equal • Federal rulemaking portal: http:// committee-on-minority-farmers. Any access to USDA programs. The www.regulations.gov—you can find this member of the public wishing to obtain Committee advises the Secretary on the notice by searching on its information concerning this public implementation of section 2501 of the regulations.gov docket number, which is meeting may contact Eston Williams, Food, Agriculture, Conservation, and BIS– 2020–0021. All comments Designated Federal Officer (DFO), at Trade Act of 1990; methods of (including any personally identifying [email protected] or at (202) maximizing the participation of information) will be made available for 596–0226. minority farmers and ranchers in U.S. public inspection and copying. SUPPLEMENTARY INFORMATION: Public Department of Agriculture programs; • By mail or delivery to Regulatory Call-in Information: Conference call-in and civil rights activities within the Policy Division, Bureau of Industry and number: Dial-in: 888–251–2949 or 215– Department, as such activities relate to Security, U.S. Department of Commerce, 861–0694 and Access Code: 2513486#. participants in such programs. Room 2099B, 14th Street and

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43533

Pennsylvania Avenue NW, Washington, academia, on crime control and BIS also seeks comments on potential DC 20230. Refer to RIN 0694–XC056. detection items of particular interest for revisions to CC controls that are based FOR FURTHER INFORMATION CONTACT: For new license requirements, including on end-uses and/or end-users, such as questions on licensing requirements for facial recognition software and other the end-use/end-user controls in Part items controlled for crime control biometric systems for surveillance; non- 744 of the EAR. lethal visual disruption lasers; and long- reasons, contact Steven Schrader, 1. Facial Recognition Devices for range acoustic devices and their Foreign Policy Division, Office of Individuals or for Crowd Scanning, components, software, and technologies. Nonproliferation and Treaty Other Biometric Systems, and Their Compliance, Bureau of Industry and BIS also seeks comments on current and proposed changes to items Input Components, Software, and Security, U.S. Department of Commerce, Technology by email at [email protected], controlled on the CCL for CC reasons and by phone at 202–482–4252. For and on items designated as EAR99 on A facial recognition system identifies or verifies a person’s identity from a questions on the submission of the CCL, including both the items noted digital image or a video frame by comments, contact Sheila Quarterman, below and related items. comparing selected facial features from Regulatory Policy Division, Office of 1. Facial recognition software and other an input image to the features of faces Exporter Services, Bureau of Industry biometric systems stored in a database. The major and Security, U.S. Department of 2. Non-lethal visual disruption lasers components of a facial recognition Commerce, by email at RPD2@ (‘‘dazzlers’’) system are (1) input camera(s), (2) data bis.doc.gov. 3. Long-range acoustic devices and related components, software, and storage, (3) processing computer, and (4) SUPPLEMENTARY INFORMATION: technologies for the above items. the software algorithms needed to Background 4. Police helmets—0A979 model facial images. While 5. Fingerprint readers—3A981, and conventional facial recognition systems The Bureau of Industry and Security components—(3A981, 4A980), currently use cameras that see visible (BIS) controls the export and reexport of software (3D980, 4D980), and light, thermal imaging cameras that use items for crime control and detection technology (3E980, 4A980) thereof infrared light are starting to be used in (CC) reasons under the Export 6. Fingerprint powders, dyes, and inks facial recognition systems due to their Administration Regulations (EAR) (15 (1A985) ability to operate independently of CFR 730–774). The licensing 7. Voice print identification systems weather or lighting conditions. requirements and policy for these items (3A980) and components (3A980), Facial recognition is typically used to are set out in § 742.7—Crime control software (3D980), and technology authenticate access to a device, such as and detection—of the EAR. These items (3E980) thereof on a cellphone, and is also widely used are identified on the EAR’s Commerce 8. Polygraphs and psychological stress for access control into restricted areas, Control List (CCL) in Supplement No. 1 analysis equipment (3A981) and such as industrial facilities. Facial to Part 774 of the EAR. components (3A981), software recognition systems have widespread BIS controls CC items to carry out the (3D980), and technology (3E980) user acceptance due to their contactless foreign policy of the United States, thereof and non-invasive process. including to promote human rights 9. Nonmilitary mobile crime science Facial recognition is also increasingly throughout the world. The request for laboratories (9A980) used in crowd-scanning systems. Such comments in this notice furthers the 10. Miscellaneous CC controls in ECCNs systems are used in casinos (for tracking periodic review of items controlled for and sub-paragraphs of ECCNs the location of employees, special CC reasons and is intended to inform 4A003, 4A980, 4D001, 4D980, customers, and barred customers), the agency’s decision on updates 4E001, 4E980, 6A002, 6E001, and airports (for tracking staff and (including additions and removals) of 6E002 criminals), prisons (for tracking staff items listed on the CCL and controlled With regard to the aforementioned and inmates), customs facilities, and for CC reasons. BIS’s last comprehensive items described in more detail later in commercial facilities. Recently, such review of CC items occurred with the this notice, BIS seeks input on: (1) systems have also become popular as assistance of comments submitted in Information (including performance commercial customer/client response to a notice published in 2008 criteria) that may distinguish purely or identification and marketing tools. The (73 FR 14769; March 19, 2008). predominantly consumer or commercial systems also have utility to assist during CC items of particular interest for new applications from applications purely or Amber and Silver Alerts, to identify license requirements by BIS include predominantly for use by law individual protestors in a crowd, facial recognition software and other enforcement or security services and/or including riot participants, or to track biometric systems for surveillance, non- used in mass surveillance, censorship, down escaped criminals, bail jumpers, lethal visual disruption lasers, and long- privacy violations or otherwise useful in and people with outstanding arrest range acoustic devices and their committing human rights abuses; (2) the warrants. components, software, and technologies. impact of adding to, modifying, or In addition to law enforcement and BIS also seeks comments on the merits removing items from the CCL on U.S. public safety-related uses, crowd- of removing or modifying the CC support of human rights throughout the scanning systems can also be used to controls on several additional items world; and (3) the impact that changes facilitate the abuse of human rights. currently on the CCL, and on potential of controls would have upon the China, for example, has deployed facial controls for such items that are end-use/ competitiveness of U.S. business and recognition technology in the Xinjiang end-user based. industry. region, in which there has been In addition to comments on the items repression, mass arbitrary detention and Request for Comments listed below, BIS welcomes comments high technology surveillance against BIS seeks comments from the public; on the update of controls on other items Uighurs, Kazakhs and other members of including industry and trade for surveillance and crowd control as Muslim minority groups. Reporters organizations, non-governmental well as on related issues of concern to visiting the region found surveillance organizations, government agencies, and the public. cameras installed approximately every

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43534 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

hundred meters in several cities, as well would have upon U.S. industry and comment on ECCNS currently as facial recognition checkpoints at competitiveness. controlled on the CCL including: areas including gas stations, shopping 2. Non-Lethal Visual Disruption Lasers 4. Police Helmets—0A979 centers, and mosque entrances. BIS seeks input in particular on the (‘‘Dazzlers’’) Police helmets are controlled under high-resolution cameras currently A dazzler is a non-lethal weapon Export Control Classification Number classified as EAR99 on the CCL. which uses a laser to illuminate and (ECCN) 0A979, ‘‘Police helmets and Specifically the cameras’ utility as temporarily disable sensors or human shields; and ‘‘specially designed’’ inputs to crowd surveillance systems, vision with flash blindness. Initially ‘‘components,’’ n.e.s.’’ They are used for and the implications of placing them developed for military use, non-military mounted duty (motorcycle, bicycle or under new controls is of interest to BIS: products are becoming available for use horse) and occasionally for riot control What specific technical criteria, such as in law enforcement and security. purposes. However, most police resolution or framerate, would be Dazzlers that emit infrared or invisible agencies use helmets with ballistic appropriate for control; what criteria light against various electronic sensors, protection controlled under ECCN would differentiate these items as more and visible light against humans. They 1A613. compatible with police and intelligence are about the size of a flashlight, and 5. Fingerprint Readers—3A981, and end uses rather than with purely can be hand-held or mounted to a small- Their Components—3A981, 4A980, commercial end uses; and what impact arm weapon. Dazzlers are used for target Software—3D980, 4D980, Technology— would controls have upon U.S. industry acquisition, illumination, disorientation 3E980, 4A980 competitiveness and leadership? of human targets, and defeat of hostile ECCN 3A981 controls, among other Other Biometric Controls sensor systems. Similar to common lasers, they can be used to maliciously items, fingerprint analyzers, cameras BIS also seeks information on controls disrupt civil and military aircraft and equipment, automated fingerprint for additional emerging biometric operations by blinding a pilot or sensor and identification retrieval systems, and systems. Two methodologies of system, potentially inducing a crash. the ‘‘specially designed’’ ‘‘components’’ biometrics are currently controlled on and ‘‘accessories’’ for them. Related BIS could determine to control the CCL: Fingerprint and voice print. hardware, software, and technology is dazzlers under existing ECCN 0A504, BIS seeks input on whether other controlled under ECCNs 3D980 and which include controls on laser aiming biometric technologies merit control, 4D980. Application specific software devices or laser illuminators ‘‘specially and if so, what specific technical criteria that is used by the operator, however, is designed’’ for use on firearms, and serve would be appropriate to control, and designated as EAR99, because it doesn’t similar purposes. Control under this what impact would controls have upon meet all six criteria for the definition of ECCN would impose CC1 requirements U.S. industry competitiveness and ‘‘use’’ in EAR part 772: Operation, while excluding Firearms Convention leadership. installation (including on-site (FC1) requirements, which would allow As an alternative to piecemeal review installation), maintenance (checking), their export to Canada license-free, in of biometric methods and products, BIS repair, overhaul and refurbishing. could extend controls to all biometric parallel with current aiming lasers for Fingerprint-related items are used for systems—iris, vein, earlobe, gait, firearms. device login authentication, area access heartbeat, etc.—and then limit controls 3. Long-Range Acoustic Devices (LRAD) controls, and identity verification for to only those types of systems that many private and public civil uses, as identify a person without the The Long-Range Acoustic Device well as law enforcement uses. ‘‘Live individual’s cooperation, conscious (LRAD) is an acoustic hailing device scan’’ fingerprinting refers to both the interaction or possibly even awareness used to send messages and warning technique and the technology used to (e.g., a closed circuit camera running tones over longer distances or at higher capture fingerprints and palm prints facial recognition software or volume than normal loudspeakers. electronically, without the need for the surreptitious audio monitoring of a LRAD systems are used as a means of more traditional method of ink and public space). Controls would not apply non-lethal, non-kinetic crowd control. paper. This is the predominant type of to systems that control access to They can be handheld, mounted on riot system currently in use, owing to the premises or devices by verifying that the shields, or on vehicles. As an area establishment of cross-platform person attempting to gain such access is denial device, the utility of such standards promulgated by the National authorized to do so. This approach systems can be compared to tear gas, Institute of Science and Technology. would not control specific applications without the need for deploying forces to of the fingerprint, iris, and voice don protective equipment and 6. Fingerprint Powders, Dyes, and authentication commercial items. This minimizing collateral harm from Inks—1A985 type of control would capture potential shifting wind or canisters being thrown Fingerprint powders are used by technologies if they become mature. back. crime scene investigators and others in Because complete systems, software and LRAD systems are used by law law enforcement to obtain fingerprints technology are often the only essential enforcement, government and defense and identify individuals at a particular items in facial recognition, EAR99 agencies, as well as by maritime and scene or establish contact with a ‘‘parts’’ could remain excluded from commercial security companies to particular item. They may be employed controls, enhancing the ability to service broadcast audible notifications and by police or other authorities to identify exports otherwise authorized with no warnings. LRAD systems are also used individuals who wish to conceal their license required, under license to deter wildlife from airport runways, identity or to identify people who are exceptions, or by individual licenses. wind and solar farms, nuclear power incapacitated or deceased and thus BIS seeks input on whether this facilities, gas and oil platforms, mining unable to identify themselves. Their end approach would be better than targeting and agricultural operations, and use is almost entirely related to police individual modalities, and if so, what industrial plants. Additionally, LRAD forensics. specific technical criteria would be systems can be used to conduct area In contrast, fingerprint dyes and ink appropriate, and what impact controls denial operations. BIS also seeks public are employed in controlled but often

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43535

voluntary situations, such as when a entirely dominated by voice stress of Items Controlled) and ‘‘specially person hired for a sensitive position, is analysis (VSA) or computer voice stress designed’’ ‘‘components’’ therefor. enrolled in a government benefit analysis (CVSA). VSA is a technology Within this entry, the items are program (in some countries), or for that aims to infer deception from stress controlled for CC are ‘‘digital identification documentation purposes. measured in the voice. CVSA records computers’’ for computerized finger- An alternative to fingerprint dyes and the human voice using a microphone print equipment. inks are the live scan fingerprint capture and is based on the tenet that the non- (b.) 4A980: Computers for fingerprint devices controlled under ECCN 3A981, verbal, low-frequency content of the equipment, n.e.s. The entry for ECCN which are generally more effective, and voice conveys information about the 4A980 does not control equipment in extensive use worldwide. physiological and psychological state of limited to one finger and designed for the speaker. Typically utilized in user authentication or access control. 7. Voice Print Identification Systems— investigative settings, both VSA and (c.) 4D001: ‘‘Software’’ as follows (see 3A980, and Their Components—3A980, CVSA aim to differentiate between List of Items Controlled). ‘‘Software’’ for Software—3D980, and Technology— stressed and non-stressed outputs in computerized finger-print equipment 3E980 response to questions, with high stress controlled under ECCN 4A003 for CC Voice print identification systems are seen as an indication of deception. reasons is controlled under ECCN used to verify the identity of a speaker 4D001 for CC reasons. as part of a security process (1:1 9. Nonmilitary Mobile Crime Science (d.) 4D980: ‘‘Software’’ ‘‘specially matching) or for identification of an laboratories—9A980 designed’’ for the ‘‘development,’’ unknown speaker among a set of known To meet the standards of the items ‘‘production’’ or ‘‘use’’ of commodities speakers (1:n matching). Speaker controlled under ECCN 9A980, mobile controlled by 4A980. verification is usually employed as a crime lab vehicles must contain one or (e.) 4E001: ‘‘Technology’’ as follows ‘‘gatekeeper’’ methodology prior to more analytical or laboratory items (see List of Items Controlled). providing access to a secure system. controlled for CC reasons on the CCL, Under this entry, ‘‘software’’ for Gatekeeper systems operate with the such those controlled under as ECCNs computerized finger-print equipment users’ knowledge and typically require 3A980 and 3A981. Mobile crime labs controlled under ECCN 4A003 for CC their cooperation. However, when voice provide on-site, rapid, reliable analysis reasons is controlled for CC reasons. print identification systems are used for of unknown compounds and materials (f.) 4E980: ‘‘Technology’’ for the identification, as compared to for forensic, homeland security and ‘‘development,’’ ‘‘production’’ or ‘‘use’’ verification, systems can be military applications. They enable of commodities controlled by 4A980. implemented without the speaker’s or crime-scene technicians to conduct (g.) 6A002: Optical sensors and speakers’ knowledge to identify extensive evidence collection and equipment, and ‘‘components’’ therefor, discussion participants, provided processing at crime-scene sites, such as as follows (see List of Items Controlled). sufficient voice samples are in the homicide scenes, methamphetamine lab The relevant control statement reads as searcher’s database. and arson sites, and investigations that follows: ‘‘CC applies to police-model Voice print identification is used by involve mass casualties. Most mobile infrared viewers in 6A002.c.’’ private companies, especially by crime labs contain equipment for (h.) 6E001: ‘‘Technology’’ according to financial institutions, for telephonically- analyzing chemicals, special hoods for the General Technology Note for the based customer service activities to fume disposal, isolated boxes for ‘‘development’’ of equipment, materials identify clients, in both the private and hazardous material analysis, and or ‘‘software’’ controlled by 6A (except government sectors to verify identities supplies for crime-scene investigation. 6A991, 6A992, 6A994, 6A995, 6A996, for user access to resources, services, or While the equipment in mobile crime 6A997, 6A998, or 6A999.c), 6B (except facilities, and in criminal investigations labs is predominantly EAR99, as noted 6B995), 6C (except 6C992 or 6C994), or to identify persons of interest. above, to qualify for control under 6D (except 6D991, 6D992, or 6D993). ECCN 9A980, the lab must have one Within this entry, ‘‘technology’’ for 8. Polygraphs and Psychological Stress item controlled for CC reasons on the equipment controlled under ECCN Analysis Equipment—3A981, and Their CCL. For example, a lab could contain 6A002 for CC reasons (i.e., 6A002.c) is Components—3A981, Software—3D980, the fingerprint readers and polygraphs also controlled for CC reasons. and Technology—3E980 controlled under ECCN 3A981, the Therefore, this entry subparagraph A polygraph is a device that measures fingerprint powder, dyes, and ink controls development technology for and records several physiological controlled under 1A985, ancillary both ’direct view’ imaging equipment indicators such as blood pressure, pulse, police equipment controlled for CC or with certain features and the related respiration, and skin conductivity while FC reasons, and or instruments and software. a person is asked and answers a series chemicals controlled on the CCL for (i.) 6E002: ‘‘Technology’’ according to of questions. The basis underpinning antiterrorism reasons, such as 2A994 the General Technology Note for the the use of the polygraph and other stress portable electric generators. ‘‘production’’ of equipment or materials analysis equipment is that deceptive Additionally, some items stocked in a controlled by 6A (except 6A991, 6A992, answers will produce physiological mobile crime lab could have higher 6A994, 6A995, 6A996, 6A997, 6A998 or responses that can be differentiated controls, such as the personal protective 6A999.c), 6B (except 6B995) or 6C from those associated with non- equipment controlled under ECCN (except 6C992 or 6C994). deceptive answers. Polygraphs are used 1A613. CC applies to ‘‘technology’’ for in the United States to much greater equipment controlled by 6A002 for CC extent than most other countries, 10. Miscellaneous CC Controls in ECCNs reasons (i.e., 6A002.c). Therefore, this predominantly in law enforcement but and Sub-Paragraphs of ECCNs 4A003, controls production technology for also in the private sector to screen 4A980, 4D001, 4D980, 4E001, 4E980, ‘direct view’ imaging equipment with prospective employees or during 6A002, 6E001, 6E002 certain features and development misconduct investigations. (a.) 4A003: ‘‘Digital computers’’, technology for ‘Direct view’ imaging The current market for non-polygraph ‘‘electronic assemblies’’, and related equipment with certain features and the psychological stress analysis is almost equipment therefor, as follows (see List related software.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43536 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

Submission of Comments on ESB rubber from Mexico.1 On Countervailing Duty Centralized All comments must be submitted to November 21, 2019, we published the Electronic Service System (ACCESS). Preliminary Results of this ACCESS is available to registered users one of the addresses indicated in this 2 notice. The Department requires that all administrative review. On January 6, at https://access.trade.gov. In addition, a 2020, Lion Elastomers LLC (the complete version of the Issues and comments be submitted in written form. 3 BIS will consider all comments received petitioner) submitted a case brief. On Decision Memorandum can be accessed January 13, 2020, Negromex submitted a directly at http://enforcement.trade.gov/ on or before September 15, 2020. All rebuttal brief.4 frn/. The signed and electronic versions comments, including those comments On March 12, 2020, we extended the of the Issues and Decision containing any personally identifying deadline for the final results of this Memorandum are identical in content. information or information for which a review to May 19, 2020.5 On April 24, claim of confidentiality is asserted in 2020, Commerce tolled all deadlines in Changes to the Preliminary Results the comments or their transmittal administrative reviews by 50 days, In the Preliminary Results, we found emails, will be made available for public thereby extending the deadline for these that Negromex was entitled to a inspection and copying. Parties who final results to July 8, 2020.6 Commerce constructed export price (CEP) offset.9 wish to comment anonymously may do conducted this administrative review in After further review of the record and so by submitting their comments via accordance with section 751 of the review of interested party comments, we Regulations.gov, leaving the fields that Tariff Act of 1930, as amended (the Act). find that a CEP offset is not warranted would identify the commenter blank for Negromex.10 Accordingly, we and including no identifying Scope of the Order incorporated this change in the margin information in the comment itself. The merchandise covered by this program.11 For a discussion of the Richard E. Ashooh, order is cold-polymerized emulsion above-referenced change, see the styrene-butadiene rubber.7 The subject Assistant Secretary for Export ‘‘Changes to the Preliminary Results’’ Administration. merchandise is currently classifiable section of the Issues and Decision under subheadings 4002.19.0015 and Memorandum. [FR Doc. 2020–15416 Filed 7–16–20; 8:45 am] 4002.19.0019 of the Harmonized Tariff Final Results of the Administrative BILLING CODE 3510–33–P Schedule of the United States (HTSUS). Although the HTSUS subheadings are Review provided for convenience and customs The weighted-average dumping DEPARTMENT OF COMMERCE purposes, the written description of the margin for the final results of this scope of the order is dispositive. administrative review is as follows: International Trade Administration Analysis of Comments Received Weighted- [A–201–848] All issues raised by the parties in average Exporter/producer dumping Emulsion Styrene-Butadiene Rubber their case and rebuttal briefs are listed margin From Mexico: Final Results of in the appendix to this notice and are (percent) Antidumping Duty Administrative addressed in the Issues and Decision 8 Industrias Negromex S.A. de Review; 2017–2018 Memorandum. The Issues and Decision Memorandum is a public document and C.V ...... 2.68 AGENCY: Enforcement and Compliance, is on file electronically via Enforcement International Trade Administration, and Compliance’s Antidumping and Disclosure Department of Commerce. We will disclose to interested parties 1 SUMMARY: The Department of Commerce See Initiation of Antidumping and the calculations performed in Countervailing Duty Administrative Reviews, 83 FR (Commerce) finds that the producer/ 57411 (November 15, 2018). connection with these final results exporter subject to this administrative 2 See Emulsion Styrene-Butadiene Rubber from within five days of the publication of review made sales of emulsion styrene- Mexico: Preliminary Results of Antidumping Duty this notice, consistent with 19 CFR butadiene rubber (ESB rubber) from Administrative Review; 2017–2018, 84 FR 64274 351.224(b). (November 21, 2019) (Preliminary Results), and Mexico at less than normal value during accompanying Preliminary Decision Memorandum Assessment Rate the period of review (POR) February 24, (PDM). 2017 through August 31, 2018. 3 See Petitioner’s Letter, ‘‘Antidumping Review of Pursuant to section 751(a)(2)(C) of the Emulsion Styrene-Butadiene Rubber (E–SBR) from Act, and 19 CFR 212(b)(1), Commerce DATES: Applicable July 17, 2020. Mexico: Case Brief,’’ dated January 6, 2020. will determine, and U.S. Customs and FOR FURTHER INFORMATION CONTACT: 4 See Negromex’s Letter, ‘‘Emulsion Styrene- Border Protection (CBP) shall assess, Javier Barrientos, AD/CVD Operations, Butadiene Rubber from Mexico—First Antidumping Duty Administrative Review: Rebuttal Case Brief,’’ antidumping duties on all appropriate Office V, Enforcement and Compliance, dated January 13, 2020. entries of subject merchandise in International Trade Administration, 5 See Memorandum, ‘‘Emulsion Styrene- accordance with the final results of this U.S. Department of Commerce, 1401 Butadiene Rubber from Mexico: Extension of review. Constitution Avenue NW, Washington, Deadline for Final Results of Antidumping Duty For Negromex, because its weighted- DC 20230; telephone: (202) 482–2243. Administrative Review,’’ dated March 12, 2020. average dumping margin is not zero or 6 See Memorandum, ‘‘Tolling of Deadlines for SUPPLEMENTARY INFORMATION: Antidumping and Countervailing Duty de minimis (i.e., less than 0.5 percent), Administrative Reviews in Response to Operational Commerce has calculated importer- Background Adjustments Due to COVID–19,’’ dated April 24, specific antidumping duty assessment This review covers one producer/ 2020. rates. We calculated importer-specific 7 For a full description of the scope, see exporter of the subject merchandise: Memorandum, ‘‘Emulsion Styrene-Butadiene Industrias Negromex S.A. de C.V. Rubber from Mexico: Issues and Decision 9 See Preliminary Results PDM at VII.C. (Negromex). Memorandum for the Final Results of the 2017– 10 See Issues and Decision Memorandum at On November 15, 2018, we published 2018 Antidumping Duty Administrative Review,’’ Comment 1. dated concurrently with, and hereby adopted by, 11 See Memorandum, ‘‘Final Results Analysis our initiation of an administrative this notice (Issues and Decision Memorandum). Memorandum for Industrias Negromex S.A de review of the antidumping duty order 8 See Issues and Decision Memorandum. C.V.,’’ dated concurrently with this notice.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43537

antidumping duty assessment rates by in the investigation.13 These cash DEPARTMENT OF COMMERCE aggregating the total amount of dumping deposit requirements, when imposed, calculated for the examined sales of shall remain in effect until further International Trade Administration each importer and dividing each of notice. these amounts by the total sales value Quarterly Update to Annual Listing of associated with those sales. We will Notification to Importers Foreign Government Subsidies on Articles of Cheese Subject to an In- instruct CBP to assess antidumping This notice serves as a final reminder duties on all appropriate entries covered Quota Rate of Duty to importers of their responsibility by this review where an importer- under 19 CFR 351.402(f)(2) to file a AGENCY: Enforcement and Compliance, specific assessment rate is not zero or de certificate regarding the reimbursement International Trade Administration minimis. Pursuant to 19 CFR Department of Commerce. 351.106(c)(2), we will instruct CBP to of antidumping duties prior to liquidation of the relevant entries DATES: Applicable July 17, 2020. liquidate without regard to antidumping FOR FURTHER INFORMATION CONTACT: duties any entries for which the during this POR. Failure to comply with this requirement could result in Stephanie Moore, AD/CVD Operations, importer-specific assessment rate is zero Office III, Enforcement and Compliance, or de minimis. Commerce’s presumption that reimbursement of antidumping duties International Trade Administration, Consistent with Commerce’s U.S. Department of Commerce, 1401 has occurred and the subsequent assessment practice, for entries of Constitution Ave. NW, Washington, DC subject merchandise during the POR assessment of double antidumping 20230, telephone: (202) 482–3692. produced by Negromex, for which duties. SUPPLEMENTARY INFORMATION: On May 4, Negromex did not know that the Administrative Protective Order 2020, the Department of Commerce merchandise was destined for the (Commerce), pursuant to section 702(h) United States, we will instruct CBP to This notice also serves as a reminder of the Trade Agreements Act of 1979 (as liquidate unreviewed entries at the all- to parties subject to administrative amended) (the Act), published the others rate if there is no rate for the protective order (APO) of their quarterly update to the annual listing of intermediate company(ies) involved in responsibility concerning the return or foreign government subsidies on articles 12 the transaction. destruction of proprietary information of cheese subject to an in-quota rate of Commerce intends to issue disclosed under APO in accordance duty covering the period October 1, assessment instructions to CBP 15 days with 19 CFR 351.305(a)(3), which 2019 through December 31, 2019.1 In after the date of publication of these continues to govern business the Fourth Quarter 2019 Update, we final results of review. proprietary information in this segment requested that any party that has Cash Deposit Requirements of the proceeding. Timely written information on foreign government notification of the return/destruction of subsidy programs that benefit articles of The following cash deposit cheese subject to an in-quote rate of requirements will be effective upon APO materials, or conversion to judicial protective order, is hereby requested. duty submit such information to publication of the notice of final results Commerce.2 We received no comments, Failure to comply with the regulations of administrative review for all information, or requests for consultation and the terms of an APO is a shipments of the subject merchandise from any party. entered, or withdrawn from warehouse, sanctionable violation. Pursuant to section 702(h) of the Act, for consumption on or after the Notification to Interested Parties we hereby provide Commerce’s update publication date of the final results of of subsidies on articles of cheese that this administrative review, as provided We are issuing and publishing this were imported during the period by section 751(a)(2)(C) of the Act: (1) notice in accordance with sections January 1, 2020, through March 31, The cash deposit rate for Negromex will 751(a)(1) and 777(i)(1) of the Act, and 19 2020. The appendix to this notice lists be equal to the rate established in the CFR 351.221(b)(5). the country, the subsidy program or final results of this administrative programs, and the gross and net Dated: July 8, 2020. review; (2) for merchandise exported by amounts of each subsidy for which producers or exporters not covered in Jeffrey I. Kessler, information is currently available. this administrative review but covered Assistant Secretary for Enforcement and Commerce will incorporate additional in a prior segment of the proceeding, the Compliance. programs which are found to constitute cash deposit rate will continue to be the subsidies, and additional information Appendix company-specific rate published for the on the subsidy programs listed, as the most recently-completed segment of this List of Topics Discussed in the Issues and information is developed. Commerce proceeding; (3) if the exporter is not a Decision Memorandum encourages any person having firm covered in this review, a prior I. Summary information on foreign government review, or the original investigation, but II. Background subsidy programs which benefit articles the producer is, then the cash deposit III. Scope of the Order of cheese subject to an in-quota rate of rate will be the rate established for the IV. Changes to the Preliminary Results duty to submit such information in most recently-completed segment of this V. Discussion of the Issues writing to the Assistant Secretary for proceeding for the producer of the Comment 1: Whether To Grant Negromex Enforcement and Compliance, U.S. subject merchandise; and (4) the cash a Constructed Export Price (CEP) Offset Department of Commerce, 1401 deposit rate for all other producers or VI. Recommendation Constitution Ave. NW, Washington, DC exporters will continue to be 19.52 [FR Doc. 2020–15478 Filed 7–16–20; 8:45 am] 20230. percent, the all-others rate established BILLING CODE 3510–DS–P 1 See Quarterly Update to Annual Listing of 12 For a full discussion of this practice, see Foreign Government Subsidies on Articles of Cheese Antidumping and Countervailing Duty Proceedings: 13 See Emulsion Styrene-Butadiene Rubber from Subject to an In-Quota Rate of Duty, 85 FR 26441 Assessment of Antidumping Duties, 68 FR 23954 Mexico: Final Affirmative Determination of Sales at (May 4, 2020) (Fourth Quarter 2019 Update). (May 6, 2003). Less Than Fair Value, 82 FR 33062 (July 19, 2017). 2 Id.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43538 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

This determination and notice are in Dated: July 11, 2020. accordance with section 702(a) of the Jeffrey I. Kessler, Act. Assistant Secretary for Enforcement and Compliance. Appendix

SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY

Gross 3 subsidy Net 4 subsidy Country Program(s) ($/lb) ($/lb)

28 European Union Member States 5 ...... European Union Restitution Payments ...... $0.00 $0.00 Canada ...... Export Assistance on Certain Types of Cheese .... 0.46 0.46 Norway ...... Indirect (Milk) Subsidy ...... 0.00 0.00

Consumer Subsidy ...... 0.00 0.00 Total ...... 0.00 0.00 Switzerland ...... Deficiency Payments ...... 0.00 0.00

trade.gov; [email protected]; materials, are part of the public record [FR Doc. 2020–15474 Filed 7–16–20; 8:45 am] [email protected]. and subject to public disclosure. BILLING CODE 3510–DS–P Meeting minutes: Copies of the SUPPLEMENTARY INFORMATION: Council’s meeting minutes will be Background: The Council was available within ninety (90) days of the DEPARTMENT OF COMMERCE established on November 4, 2014, to meeting on the Council’s website at advise the President, through the http://trade.gov/pac-dbia. International Trade Administration Secretary of Commerce, on strengthening commercial engagement Frederique Stewart, President’s Advisory Council on Doing between the United States and Africa. Director, Office of Africa. Business in Africa The Council’s charter was renewed for [FR Doc. 2020–15433 Filed 7–16–20; 8:45 am] AGENCY: U.S. Department of Commerce, a third, two-year term in September BILLING CODE 3510–DR–P International Trade Administration. 2019. The Council was established in accordance with the provisions of the ACTION: Notice of an open meeting. Federal Advisory Committee Act, as DEPARTMENT OF COMMERCE amended, 5 U.S.C. App. SUMMARY: The President’s Advisory International Trade Administration Council on Doing Business in Africa Requests to Attend: Anyone wishing (PAC–DBIA or Council) will hold the to attend this meeting via teleconference [C–570–955] third meeting of its 2019–2021 term to must register by 5:00 p.m. July 21, 2020. Certain Magnesia Carbon Bricks From deliberate and adopt recommendations In order to register, please submit your the People’s Republic of China: on measures the U.S. Government full name, email address, and phone Rescission of Countervailing Duty should consider in implementing and number to [email protected]. Registrants Administrative Review; 2018 operationalizing the President’s Prosper will receive email confirmation with Africa initiative. dial-in instructions for the AGENCY: Enforcement and Compliance, DATES: July 28, 2020, 12–1:00 p.m. EDT. teleconference. Members of the public International Trade Administration, ADDRESSES: The President’s Advisory are allowed to participate in listen only Department of Commerce. Council on Doing Business in Africa mode. SUMMARY: The Department of Commerce meeting will be held via teleconference. Public Submissions: The public is (Commerce) is rescinding the For instructions on how to participate in invited to submit written statements to administrative review of the the meeting, please see the the Council through Giancarlo Cavallo countervailing duty (CVD) order on SUPPLEMENTARY INFORMATION section of and Ashley Bubna, Designated Federal certain magnesia carbon bricks this notice. The final agenda for the Officers for the President’s Advisory (magnesia carbon bricks) from the meeting will be posted at least one week Council on Doing Business in Africa, via People’s Republic of China (China) for in advance of the meeting on the email: [email protected]. the period of review January 1, 2018 Council’s website at http://trade.gov/ Statements must be received by 5:00 through December 31, 2018 (POR). pac-dbia. p.m. July 21, 2020. Statements will be DATES: Applicable July 17, 2020. FOR FURTHER INFORMATION CONTACT: provided to the members in advance of FOR FURTHER INFORMATION CONTACT: Giancarlo Cavallo or Ashley Bubna, the meeting for consideration and may Gene H. Calvert, AD/CVD Operations, Designated Federal Officers, President’s be posted on the Council website Office VII, Enforcement and Advisory Council on Doing Business in (http://trade.gov/pac-dbia). Any Compliance, International Trade Africa, Department of Commerce, 1401 business proprietary information should Administration, U.S. Department of Constitution Ave. NW, Room 22004, be clearly designated as such. All Commerce, 1401 Constitution Avenue Washington, DC 20230, telephone: 202– statements received, including NW, Washington, DC 20230; telephone: 766–8044; 202–250–9798, email: dbia@ attachments and other supporting (202) 482–3586.

3 Defined in 19 U.S.C. 1677(5). Czech Republic, Denmark, Estonia, Finland, France, Spain, Sweden, and the United Kingdom. Note that 4 Defined in 19 U.S.C. 1677(6). Germany, Greece, Hungary, Ireland, Italy, Latvia, the United Kingdom was only a member of the 5 The 28 member states of the European Union Lithuania, Luxembourg, Malta, Netherlands, European Union until January 31, 2020. are: Austria, Belgium, Bulgaria, Croatia, Cyprus, Poland, Portugal, Romania, Slovakia, Slovenia,

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43539

SUPPLEMENTARY INFORMATION: including Fedmet.5 In the Initiation to the requested companies.12 No Notice, Commerce stated that in the interested party commented on CBP’s Background event it limits the number of Confirmation of No Shipments. On September 3, 2019, Commerce respondents for individual examination, On April 24, 2020, Commerce tolled published in the Federal Register a it intended to select respondents based all deadlines in administrative reviews by 50 days.13 As such, the current notice of opportunity to request an on U.S. Customs and Border Protection deadline for the preliminary results in administrative review of the CVD order (CBP) data for U.S. imports of magnesia carbon bricks from China during the this administrative review is July 21, on magnesia carbon bricks from China POR.6 On November 18, 2019, 2020. On June 25, 2020, Commerce for the POR.1 On September 30, 2019, Commerce notified interested parties issued a memorandum stating that it the Magnesia Carbon Bricks Fair Trade that CBP’s database, which is comprised intended to rescind this administrative Committee (MC Bricks Committee) of actual U.S. entries of subject review based on the lack of suspended timely submitted a request to review merchandise, indicated that there were entries related to the requested multiple companies, in accordance with no POR entries of magnesia carbon companies, and invited comments from 2 19 CFR 351.213(b). No other party bricks from China that are subject to interested parties.14 No interested party submitted a request for an CVD duties with respect to the commented on Commerce’s intent to administrative review of the CVD order requested companies, and invited rescind this administrative review. on magnesia carbon bricks from China interested parties to comment on the Rescission of Review for the POR. CBP Entry Data.7 No interested party On October 4, 2019, Fedmet filed an commented on the CBP Entry Data. It is Commerce’s practice to rescind objection to the MC Bricks Committee’s On December 12, 2019, Fedmet timely an administrative review of a CVD request for Commerce to conduct this submitted a certification of no order, pursuant to 19 CFR 351.213(d)(3), when there are no reviewable entries of administrative review with respect to shipments, stating that it made no subject merchandise during the POR for Fedmet, arguing that Fedmet is not, nor entries, exports, or sales of subject which liquidation is suspended.15 has it ever been, a producer or exporter merchandise imported from China into Normally, upon completion of an of magnesia carbon bricks from China.3 the United States during the POR, and stated that it is a U.S. importer and administrative review, the suspended As such, according to Fedmet, the MC entries are liquidated at the assessment Bricks Committee had no grounds to distributer of non-subject merchandise from China.8 Fedmet reiterated its rate calculated for the review period.16 request a review of Fedmet and, argument that the MC Bricks Committee Therefore, for an administrative review therefore, Commerce should decline to had no grounds to request this to be conducted, there must be a initiate this administrative review with reviewable, suspended entry for which 4 administrative review with respect to respect to Fedmet. No party Fedmet, and argued that Commerce has Commerce can instruct CBP to liquidate commented on Fedmet’s Letter of no lawful basis to conduct this review at the newly calculated assessment Objection. regarding Fedmet.9 Fedmet also rate.17 Based on an examination of the On November 12, 2019, Commerce requested that Commerce terminate this record, Commerce finds that there is no published in the Federal Register a review with respect to Fedmet or, in the evidence of reviewable entries, notice of initiation of this administrative alternative, rescind this review with review for all requested companies, respect to Fedmet in accordance with 19 12 See Memorandum, ‘‘Certain Magnesia Carbon 10 Bricks from the People’s Republic of China (China): CFR 351.213(d)(3). No interested party Results of U.S. Customs and Border Protection 1 See Antidumping or Countervailing Duty Order, commented on Fedmet’s Certification of (CBP) No Shipments Inquiry with Respect to Finding, or Suspended Investigation; Opportunity No Shipments. Various Companies During the Period January 1, to Request Administrative Review, 84 FR 45949 On February 14, 2020, Commerce 2018, through December 31, 2018 (CBP’s (September 3, 2019). requested that CBP confirm whether any Confirmation of No Shipments). 2 See MC Bricks Committee’s Letter, ‘‘Certain 13 See Memorandum, ‘‘Tolling of Deadlines for Magnesia Carbon Bricks from the People’s Republic shipments of magnesia carbon bricks Antidumping and Countervailing Duty of China: Request for Administrative Review,’’ from China entered the United States Administrative Reviews in Response to Operational dated September 30, 2019. The MC Bricks during the POR regarding any of the Adjustments Due to COVID–19,’’ dated April 24, Committee is an ad hoc business association requested companies.11 On March 9, 2020. comprised of three U.S. producers of magnesia 2020, CBP responded to Commerce’s 14 See Memorandum, ‘‘Administrative Review of carbon bricks: Resco Products, Inc.; Magnesita the Countervailing Duty Order on Certain Magnesia Refractories Company; and HarbisonWalker inquiry and confirmed that there were Carbon Bricks from the People’s Republic of China: International, Inc. The companies requested are: no shipments of magnesia carbon bricks Intent to Rescind the 2018 Administrative Review,’’ Dandong Xinxing Carbon Co., Ltd.; Fedmet from China during the POR with respect dated June 25, 2020 (Intent to Rescind Resources Corporation (Fedmet); Fengchi Imp. and Memorandum). Exp. Co., Ltd.; Fengchi Imp. and Exp. Co., Ltd. of 15 See, e.g., Certain Magnesia Carbon Bricks from 5 See Initiation of Antidumping and Haicheng City; Fengchi Mining Co., Ltd. of the People’s Republic of China: Rescission of Countervailing Duty Administrative Reviews, 84 FR Haicheng City; Fengchi Refractories Co., of Countervailing Duty Administrative Review; 2016, 61001 (November 12, 2019) (Initiation Notice). Haicheng City; Haicheng Donghe Taidi Refractory 84 FR 22437 (May 17, 2019) (Magnesia Carbon 6 Co., Ltd.; Henan Xintuo Refractory Co., Ltd.; Id. at the section, ‘‘Respondent Selection.’’ Bricks 2016 AR) and accompanying Issues and Liaoning Fucheng Refractories; Liaoning Zhongmei 7 See Memorandum, ‘‘Administrative Review of Decision Memorandum (IDM); see also Circular High Temperature Material Co., Ltd.; Liaoning the Countervailing Duty Order on Certain Magnesia Welded Carbon Quality Steel Pipe from the Zhongmei Holding Co., Ltd.; RHI Refractories Carbon Bricks from the People’s Republic of China; Republic of China: Rescission of Countervailing Liaoning Co., Ltd.; Shenglong Refractories Co., Ltd.; 2018: Release of U.S. Customs and Border Duty Administrative Review; 2017, 84 FR 14650 Tangshan Strong Refractories Co., Ltd; The Protection (CBP) Data for Respondent Selection,’’ (April 11, 2019); see also Lightweight Thermal Economic Trading Group of Haicheng Houying dated November 18, 2019 (CBP Entry Data). Paper from the People’s Republic of China: Notice Corp., Ltd; Yingkou Heping Samwha Minerals, Co., 8 See Fedmet’s Letter, ‘‘Magnesia Carbon Bricks of Rescission of Countervailing Duty Administrative Ltd; and Yingkou Heping Sanhua Materials Co., from the People’s Republic of China, Case No. C– Review; 2015, 82 FR 14349 (March 20, 2017); and Ltd. 570–955: No Shipments Certification,’’ dated Lightweight Thermal Paper from the People’s 3 See Fedmet’s Letter, ‘‘Certain Magnesia Carbon December 12, 2019 (Fedmet’s Certification of No Republic of China: Notice of Rescission of Bricks from the People’s Republic of China, Case Shipments). Countervailing Duty Administrative Review, 81 FR No. C–570–955: Response to Petitioner’s Request for 9 Id. 50683 (August 2, 2016). Administrative Review,’’ dated October 4, 2019 10 Id. 16 See 19 CFR 351.212(b)(2). (Fedmet’s Letter of Objection). 11 See CBP message No. 0045406, dated February 17 See Magnesia Carbon Bricks 2016 AR and 4 Id. 14, 2020. accompanying IDM at 5–6.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43540 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

shipments, or U.S. sales of subject application may be viewed online at: collected informed the five-year status merchandise (i.e., magnesia carbon https://apps.nmfs.noaa.gov/preview/ update for black abalone (NMFS. 2018. bricks from China) during the POR.18 preview_open_for_comment.cfm. Black Abalone (Haliotis cracherodii) Accordingly, in the absence of DATES: Comments or requests for a Five-Year Status Review: Summary and suspended entries of subject public hearing on the application must Evaluation). Researchers also tested the merchandise during the POR for this be received at the provided email feasibility of recruitment modules and administrative review, Commerce is address (see ADDRESSES) no later than 5 were able to successfully deploy and rescinding this administrative review of p.m. Pacific standard time on August maintain the modules at a few sites. the CVD order on magnesia carbon 17, 2020. This renewal request would allow bricks from China, pursuant to 19 CFR researchers to track population trends at ADDRESSES: Because all West Coast 351.213(d)(3), in its entirety. Commerce long-term monitoring sites and deploy NMFS offices are currently closed, all intends to issue appropriate assessment recruitment modules at a few sites for written comments on the application instructions to CBP 15 days after the an additional five years. The renewal should be submitted by email to publication date of this rescission notice request differs from the previous permit [email protected]. Please in the Federal Register. in that it does not include pilot include the permit number (18761–2R) translocation studies using the Administrative Protective Order in the subject line of the email. recruitment modules; these studies were This notice serves as a reminder to FOR FURTHER INFORMATION CONTACT: proposed but not conducted under the parties subject to administrative Susan Wang, Long Beach, CA (ph.: 562– previous permit. In addition, the protective order (APO) of their 980–4199, email: Susan.Wang@ renewal request includes two new responsibility concerning the noaa.gov). Permit application components: (1) Habitat surveys to disposition of proprietary information instructions are available from the assess black abalone habitat associations disclosed under APO in accordance address above, or online at https:// along segments of the coast, and (2) with 19 CFR 351.305(a)(3). Timely apps.nmfs.noaa.gov. collection of tissue samples for genetic written notification of return or SUPPLEMENTARY INFORMATION: analysis. The activities proposed in the destruction of APO materials, or renewal request would benefit black conversion to judicial protective order, Species Covered in This Notice abalone by providing valuable long-term is hereby requested. Failure to comply The following listed species are monitoring data on black abalone with the regulations and the terms of an covered in this notice: numbers, sizes, spatial distribution, APO is a sanctionable violation. Endangered black abalone (Haliotis habitat, recruitment, genetic diversity, Commerce is issuing and publishing cracherodii). and health throughout the coast. These this notice in accordance with sections data will inform our assessments of 751(a)(1) and 777(1) of the Tariff Act of Authority black abalone status and recovery. 1930, as amended, and 19 CFR Scientific research permits are issued Proposed activities include: 351.213(d)(4). in accordance with section 10(a)(1)(A) (1) Continued annual surveys of black Dated: July 9, 2020. of the ESA (16 U.S.C. 1531 et seq.) and abalone populations at established long- term rocky intertidal monitoring sites; James Maeder, regulations governing listed fish and wildlife permits (50 CFR parts 222–226). (2) Abalone habitat surveys to Deputy Assistant Secretary for Antidumping document black abalone densities, and Countervailing Duty Operations. NMFS issues permits based on findings that such permits: (1) Are applied for in habitat quality, and habitat associations [FR Doc. 2020–15472 Filed 7–16–20; 8:45 am] along segments of the coast; BILLING CODE 3510–DS–P good faith; (2) if granted and exercised, would not operate to the disadvantage (3) One-time or more frequent of the listed species that are the subject monitoring as needed for projects (e.g., jetty or breakwater repair) or in response DEPARTMENT OF COMMERCE of the permit; and (3) are consistent with the purposes and policy of section to unexpected circumstances (e.g., oil National Oceanic and Atmospheric 2 of the ESA. The authority to take spills, mudslides); and (4) Deployment of recruitment Administration listed species is subject to conditions set modules to monitor juvenile forth in the permits. [RTID 0648–XA286] recruitment. Anyone requesting a hearing on the Monitoring would consist primarily of Endangered and Threatened Species; application listed in this notice should non-lethal, non-capture take to measure Take of Abalone set out the specific reasons why a and count abalone. Tissue samples hearing on the application would be would be collected using non-lethal AGENCY: National Marine Fisheries appropriate (see ADDRESSES). Such Service (NMFS), National Oceanic and methods for genetic analysis. Abalone hearings are held at the discretion of the would not be removed from the Atmospheric Administration (NOAA), Assistant Administrator for Fisheries, Commerce. substrate. At a few experimental sites, NMFS. recruitment modules would be ACTION: Notice of receipt; application to renew one scientific research permit. Application Received deployed in crevice habitat to monitor juvenile recruitment. Researchers would Permit 18761–2R SUMMARY: Notice is hereby given that be permitted to collect dead or NMFS has received a request to renew The University of California, Santa obviously dying black abalone for an existing scientific research permit. Cruz, has requested to renew a research further analysis to determine the cause The proposed work is intended to permit to monitor the status and trends of death and to detect disease outbreaks. increase knowledge of species listed of endangered black abalone at sites Researchers would also be permitted to under the Endangered Species Act throughout California for an additional collect empty black abalone shells for (ESA) and to help guide management, five years. Under the previous permit, research, outreach, and educational conservation, and recovery efforts. The researchers surveyed black abalone purposes. The information resulting populations at long-term monitoring from the activities outlined above would 18 See Intent to Rescind Memorandum. sites throughout California. The data be used to track black abalone status

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43541

and recovery, evaluate their health and Ambassador Place, Suite 101, Portland, ACTION: Notice of public hearings. genetic population structure, and better OR 97220–1384. understand habitat their preferences to FOR FURTHER INFORMATION CONTACT: SUMMARY: The New England Fishery help in their recovery. Robin Ehlke, Staff Officer, Pacific Management Council is convening This notice is provided pursuant to Council; telephone: (503) 820–2410; public hearings of Draft Amendment 21 section 10(c) of the ESA. NMFS will email: [email protected]. to the Atlantic Sea Scallop Fishery via evaluate the application, associated webinar to consider actions affecting SUPPLEMENTARY INFORMATION: The documents, and comments submitted to New England fisheries in the exclusive purpose of the meeting will be to determine whether the application economic zone (EEZ). develop potential alternatives for meets the requirements of section 10(a) Recommendations from this group will salmon management/conservation of the ESA and Federal regulations. The be brought to the full Council for formal measures for Pacific Council final permit decision will not be made consideration and action, if appropriate. until after the end of the 30-day consideration, and discuss and review DATES: These webinars will be held on: comment period. NMFS will publish any associated modeling and analysis. August 5, 2020; August 12, 2020; notice of its final action in the Federal The Workgroup may also discuss and August 27, 2020 and September 2, 2020. Register. prepare for future Workgroup meetings and future meetings with the Pacific ADDRESSES: All meeting participants Dated: July 14, 2020. Council and its advisory bodies. and interested parties can register below Angela Somma, Members of the Salmon Advisory for each webinar individually. Chief, Endangered Species Division, Office Subpanel will be invited to attend. This of Protected Resources, National Marine 1. Wednesday, August 5, 2020, from 6 is a public meeting and not a public to 8 p.m. https:// Fisheries Service. hearing. Public comments will be taken [FR Doc. 2020–15531 Filed 7–16–20; 8:45 am] attendee.gotowebinar.com/register/ at the discretion of the Workgroup co- 7818807912946784783 Call in BILLING CODE 3510–22–P chairs as time allows. information: +1 (415) 655–0060; Access Although non-emergency issues not Code: 419–861–768 contained in the meeting agenda may be 2. Wednesday, August 12, 2020, from DEPARTMENT OF COMMERCE discussed, those issues may not be the 4 to 6 p.m. https:// subject of formal action during this National Oceanic and Atmospheric attendee.gotowebinar.com/register/ meeting. Action will be restricted to Administration 4664837917950475279 Call in those issues specifically listed in this information: +1 (562) 247–8422; Access [RTID 0648–XA282] document and any issues arising after Code: 209–302–952 publication of this document that Pacific Fishery Management Council; require emergency action under section 3. Thursday, August 27, 2020, from 4 Public Meeting 305(c) of the Magnuson-Stevens Fishery to 6 p.m. https:// attendee.gotowebinar.com/register/ AGENCY: National Marine Fisheries Conservation and Management Act, Service (NMFS), National Oceanic and provided the public has been notified of 6166327698306522895 Call in Atmospheric Administration (NOAA), the intent to take final action to address information: +1 (562) 247–8422; Access Commerce. the emergency. Code: 330–712–984 ACTION: Notice of public meeting. 4. Wednesday, September 2, 2020, Special Accommodations from 6 to 8 p.m. https:// SUMMARY: The Pacific Fishery Requests for sign language attendee.gotowebinar.com/register/ Management Council’s (Pacific Council) interpretation or other auxiliary aids 8244825787756617743 Call in Southern Resident Killer Whale (SRKW) should be directed to Mr. Kris information: +1 (415) 930–5321; Access Workgroup (Workgroup) will host a Kleinschmidt (kris.kleinschmidt@ Code: 487–066–105 two-day online meeting that is open to noaa.gov; (503) 820–2412) at least 10 Meeting address: The meetings will be the public. days prior to the meeting date. held via webinar. DATES: The meeting will be held Authority: 16 U.S.C. 1801 et seq. Council address: New England Monday, August 3 through Tuesday, Dated: July 13, 2020. Fishery Management Council, 50 Water August 4, 2020. The meeting will be Street, Mill 2, Newburyport, MA 01950. held from 1 p.m. to 5 p.m., Pacific Tracey L. Thompson, Daylight Time (PDT) on August 3. The Acting Deputy Director, Office of Sustainable FOR FURTHER INFORMATION CONTACT: meeting will continue August 4 at 9 a.m. Fisheries, National Marine Fisheries Service. Thomas A. Nies, Executive Director, (PDT) and will end at 5 p.m. The New England Fishery Management [FR Doc. 2020–15420 Filed 7–16–20; 8:45 am] Council; telephone: (978) 465–0492. meeting times are an estimate; the BILLING CODE 3510–22–P meeting will adjourn when business for SUPPLEMENTARY INFORMATION: Public the day is complete. comments: Public comment deadline is ADDRESSES: This meeting will be held DEPARTMENT OF COMMERCE September 4, 2020. Comments may be online. Specific meeting information, submitted via email to comments@ including directions on how to join the National Oceanic and Atmospheric nefmc.org with ‘‘Atlantic Sea Scallop meeting and system requirements will Administration Amendment 21 Public Hearing be provided in the meeting Comment’’ in the subject line or mailed [RTID 0648–XA268] announcement on the Pacific Council’s to Thomas A. Nies, Executive Director, website (see www.pcouncil.org). You New England Fishery Management New England Fishery Management may send an email to Mr. Kris Council; Public Hearings Council, 50 Water Street, Mill #2, Kleinschmidt (kris.kleinschmidt@ Newburyport, MA 01950. Mark the noaa.gov) or contact him at (503) 820– AGENCY: National Marine Fisheries outside of the envelope ‘‘Atlantic Sea 2412 for technical assistance. Service (NMFS), National Oceanic and Scallop Amendment 21 Public Hearing Council address: Pacific Fishery Atmospheric Administration (NOAA), Comment’’. Comments may also be sent Management Council, 7700 NE Commerce. via fax to (978) 465–3116.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43542 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

Agenda ACTION: Notice of open meeting. communities and to the general public; and Council staff will brief the public on SUMMARY: Notice is hereby given of a Draft Amendment 21 before receiving virtual meeting of the U. S. Integrated (d) any other purpose identified by comments on the amendment. The Ocean Observing System (IOOS ®) the Under Secretary of Commerce for hearing will begin promptly at the time Advisory Committee (Committee). Oceans and Atmosphere or the indicated above. If all attendees who Interagency Ocean Observation DATES: The meeting will be held on wish to do so have provided their Committee. comments prior to the end time Tuesday, August 4, 2020, Wednesday The meeting will be open to public indicated, the hearing may conclude August 5, 2020, and Thursday, August participation with a 15-minute public early. To the extent possible, the 6, 2020, from 11 a.m. to 4 p.m. EDT each comment period on August 4, August 5, Council may extend hearings beyond day. These times and the agenda topics and August 6, 2020, from 3:45 p.m. to the end time indicated above to described below are subject to change. accommodate all attendees who wish to Refer to the web page listed below for 4 p.m. EDT (check agenda on website to speak. Scheduling of hearings is the most up-to-date agenda and dial-in confirm time). The Committee expects ongoing due to the COVID–19 information. that public statements presented at its pandemic. Additional hearings will be ADDRESSES: The meeting will be held meetings will not be repetitive of announced in a separate notice. virtually. Refer to the U.S. IOOS previously submitted verbal or written Although non-emergency issues not Advisory Committee website at http:// statements. In general, each individual contained on the agenda may come ioos.noaa.gov/community/u-s-ioos- or group making a verbal presentation before this Council for discussion, those advisory-committee/ for the most up-to- will be limited to a total time of three issues may not be the subject of formal date information. (3) minutes. Written comments should be received by the Designated Federal action during these meetings. Council FOR FURTHER INFORMATION CONTACT: Official by July 29, 2020, to provide action will be restricted to those issues Krisa Arzayus, Designated Federal sufficient time for Committee review. specifically listed in this notice and any Official, U.S. IOOS Advisory Written comments received after July issues arising after publication of this Committee, U.S. IOOS Program, 1315 notice that require emergency action East-West Highway, Silver Spring, MD 29, 2020, will be distributed to the under section 305(c) of the Magnuson- 20910; Phone 240–533–9455; Fax 301– Committee, but may not be reviewed Stevens Act, provided the public has 713–3281; Email krisa.arzayus@ prior to the meeting date. To submit been notified of the Council’s intent to noaa.gov or visit the U.S. IOOS written comments, please email your take final action to address the Advisory Committee website at http:// comments, your name as it appears on emergency. The public also should be ioos.noaa.gov/community/u-s-ioos- your driver’s license, and the aware that the meeting will be recorded. advisory-committee/. To register for the organization/company affiliation you Consistent with 16 U.S.C. 1852, a copy meeting, contact Laura Gewain, represent to Krisa Arzayus, of the recording is available upon [email protected]. [email protected] and Laura request. Gewain, [email protected]. SUPPLEMENTARY INFORMATION: The Special Accommodations Committee was established by the Matters To Be Considered: The meeting will focus on ongoing These meetings are physically NOAA Administrator as directed by committee priorities, including the role accessible to people with disabilities. Section 12304 of the Integrated Coastal of ocean observations in forecasting, Requests for sign language and Ocean Observation System Act, part strategy and vision for the System, interpretation or other auxiliary aids of the Omnibus Public Land partnerships for a successful System, should be directed to Thomas A. Nies, Management Act of 2009 (Pub. L. 111– and requirements for the System, in Executive Director, at (978) 465–0492, at 11). The Committee advises the NOAA order to develop the next set of least 5 days prior to the meeting date. Administrator and the Interagency Ocean Observation Committee (IOOC) recommendations to NOAA and the Authority: 16 U.S.C. 1801 et seq. on matters related to the responsibilities IOOC. The latest version of the agenda Dated: July 13, 2020. and authorities set forth in section will be posted at http://ioos.noaa.gov/ Tracey L. Thompson, 12302 of the Integrated Coastal and community/u-s-ioos-advisory- Acting Deputy Director, Office of Sustainable Ocean Observation System Act of 2009 committee/. Fisheries, National Marine Fisheries Service. and other appropriate matters as the Special Accomodations: These [FR Doc. 2020–15421 Filed 7–16–20; 8:45 am] Under Secretary refers to the Committee meetings are physically accessible to BILLING CODE 3510–22–P for review and advice. people with disabilities. Requests for The Committee will provide advice sign language interpretation or other on: auxiliary aids should be directed to DEPARTMENT OF COMMERCE (a) Administration, operation, Krisa Arzayus, Designated Federal management, and maintenance of the Official at [email protected] and National Oceanic and Atmospheric System; [email protected] or 240–533– Administration (b) expansion and periodic 9455 by July 24, 2020. modernization and upgrade of U. S. Integrated Ocean Observing Krisa M. Arzayus, System (IOOS ®) Advisory Committee technology components of the System; (c) identification of end-user Deputy Director, U.S. Integrated Ocean AGENCY: National Ocean Service, communities, their needs for Observing System Office, National Ocean National Oceanic and Atmospheric information provided by the System, Service. Administration (NOAA), Department of and the System’s effectiveness in [FR Doc. 2020–15539 Filed 7–16–20; 8:45 am] Commerce. disseminating information to end-user BILLING CODE P

VerDate Sep<11>2014 19:23 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43543

DEPARTMENT OF COMMERCE comments. Written comments must be a DEIS for the proposed Connecticut submitted no later than Tuesday, NERR. Early in the development of the Public Scoping Meeting To Solicit August 18, 2020. DEIS, NOAA and the State are required Input for a Draft Environmental Impact • Mail: Submit written comments to to hold a scoping meeting to solicit Statement for the Proposed Erica Seiden, Stewardship Division (N/ public and government comments on Connecticut National Estuarine OCM6), Office for Coastal Management, significant issues related to this Research Reserve National Oceanic NOS, NOAA, 1305 East-West Highway, proposed action. (See 15 CFR 921.13(c).) and Atmospheric Administration Silver Spring, Maryland 20910; ATTN: CT NERR. Comments must be NOAA received the State’s AGENCY: Office for Coastal Management postmarked no later than Tuesday, nomination of the proposed site on (OCM), National Ocean Service (NOS), August 18, 2020. January 3, 2019. NOAA evaluated the National Oceanic and Atmospheric Instructions: All comments received nomination package and found that the Administration (NOAA), U.S. are part of the public record and will proposed site met the NERR System Department of Commerce. generally be posted for public viewing requirements. (See 16 U.S.C. 1461(b).) ACTION: Notice of public scoping on www.regulations.gov/ NOAA informed the State on September meeting. docket?D=NOAA-NOS-2020-0089 with 27, 2019, that it was accepting the no changes. All personally identifiable nomination and that the next step SUMMARY: NOAA and the State of would be to prepare a DEIS and Draft Connecticut (State) announce a public information (e.g., name, address, etc.), Management Plan (DMP). The DEIS will scoping meeting to solicit comments on confidential business information, or significant issues related to the otherwise sensitive information consider the human and environmental development of a Draft Environmental submitted voluntarily by the commenter consequences of designating the State’s Impact Statement (DEIS) for the will be publicly accessible and recommended site and alternatives, as proposed Connecticut National maintained by NOAA as part of the well as identify a final boundary. The Estuarine Research Reserve (NERR). The public record. NOAA will accept DMP will set a course for operating the public scoping meeting will be held on anonymous comments; on the Connecticut NERR once approved and Tuesday, August 4, 2020. Meeting eRulemaking Portal, enter ‘‘N/A’’ in the will include plans for administration, details are provided below. required fields if you wish to remain research, education, and facilities of the anonymous. If you would like to proposed site. (See 15 CFR 921.13.) DATES: The meeting will be held on provide an anonymous comment during Tuesday, August 4, 2020, from 7 p.m. to the public scoping meeting, type your The proposed site consists of the 9 p.m. Eastern Daylight Time (EDT). comment into the question box, and following State-owned properties: Lord Written comments provided state that you would like to remain Cove Wildlife Management Area; Great electronically must be submitted no anonymous when your comment is Island Wildlife Management Area; Bluff later than Tuesday, August 18, 2020; read. Multimedia submissions (i.e., Point State Park and Coastal Reserve written comments submitted by mail audio, video, etc.) must be accompanied and Natural Area Preserve; Haley Farm must be postmarked by Tuesday, August by a written comment. The written State Park; and public trust waters 18, 2020. comment is considered the official including portions of Long Island ADDRESSES: The public scoping meeting comment and should include discussion Sound, the lower Thames River, and the will be conducted online via WebEx and of all points you wish to make. NOAA lower Connecticut River. by phone. Online participants should go will generally not consider comments, The proposed site resulted from a to the following University of or comment contents, located outside of comprehensive evaluation process that Connecticut website to get instructions the primary submission sites or sought the views of the public, affected for participating and attend the public addresses (i.e., those posted on the web, landowners, and other interested scoping meeting: https://uconn- cloud, or other file-sharing system). cmr.webex.com/uconn-cmr/onstage/ Please note, no public comments will be parties. The State and NOAA held a g.php?t=a&d=1200263550. Meeting audio or video recorded. public meeting on November 13, 2018, documents will be available on the Closed captioning will be provided to solicit comments on the preferred Connecticut Department of Energy and for those who attend the public meeting site. (See 83 FR 54572.) A Federal Environmental Protection’s NERR online via WebEx: https://uconn- Register notice was published on June website: https://portal.ct.gov/DEEP/ cmr.webex.com/uconn-cmr/onstage/ 1, 2020, to announce the ‘‘Intent to Coastal-Resources/NERR/NERR-Home- g.php?t=a&d=1200263550. Prepare a DEIS and DMP for the Page as well as on the Federal Proposed CT NERR.’’ (See 85 FR 33123.) FOR FURTHER INFORMATION CONTACT: eRulemaking Portal: For more detailed information on the Erica Seiden, Office for Coastal www.regulations.gov/docket?D=NOAA- site selection process and the proposed Management, National Ocean Service, NOS-2020-0089. You may also site, see the Connecticut Department of participate in the meeting by phone, by NOAA, 1305 East West Highway, N/ OCM, Silver Spring, MD 20910; Phone: Energy and Environmental Protection’s using the toll-free number +1 415–655– NERR website: https://portal.ct.gov/ 0002 and the attendee access code 120 240–533–0781; or Email: erica.seiden@ noaa.gov. DEEP/Coastal-Resources/NERR/NERR- 026 3550. =-0(?. zritten comments may Home-Page. be submitted by: SUPPLEMENTARY INFORMATION: In • Electronic Submission: Submit all accordance with Section 315 of the Jeffrey L. Payne, electronic public comments via the Coastal Zone Management Act of 1972, Director, Office for Coastal Management, Federal eRulemaking Portal. Go to as amended, and its implementing National Ocean Service, National Oceanic www.regulations.gov/docket?D=NOAA- regulations (15 CFR part 921), and the and Atmospheric Administration. NOS-2020-0089, click the ‘‘Comment National Environmental Policy Act of [FR Doc. 2020–15428 Filed 7–16–20; 8:45 am] Now!’’ button, complete the required 1969, as amended (42 U.S.C. 4321), BILLING CODE 3510–JE–P fields, and enter or attach your NOAA and the State intend to prepare

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43544 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

DEPARTMENT OF COMMERCE components. The final PEIS responds to evaluate the environmental impacts of components of the comments as any project-level activities. National Oceanic and Atmospheric summarized in Appendix I and was The final PEIS analyzes three Administration revised as appropriate. The final PEIS program-level alternatives: • No Action Alternative: This is the [NOAA–NOS–2020–0104] assesses the direct, indirect, and cumulative environmental impacts of agency’s preferred alternative. It Notice of Availability of a Final NOAA’s proposed action to continue involves continued operation of the Programmatic Environmental Impact funding and otherwise conducting coral CRCP based on minimizing the three Statement for the Coral Reef reef conservation and restoration primary threats to coral reefs (i.e., Conservation Program activities through the CRCP’s existing fishing impacts, land-based sources of pollution, and climate change) and programmatic framework and related AGENCY: Office for Coastal Management supporting research and possible procedures. The CRCP is implemented (OCM), National Ocean Service (NOS), application of novel coral restoration in accordance with the requirements of National Oceanic and Atmospheric and intervention techniques to respond the Coral Reef Conservation Act of 2000 Administration (NOAA), Department of rapidly to imminent threats, such as Commerce (DOC). and Executive Order 13089. Projects increased bleaching and disease, to implemented or funded by NOAA vary ACTION: Notice of availability. corals and coral reef ecosystems. CRCP in terms of their size, complexity, operations would include monitoring, SUMMARY: The National Oceanic and geographic location, and NOAA research activities, watershed and coral Atmospheric Administration (NOAA), involvement, and often benefit diverse reef restoration, reduction of physical Office for Coastal Management has coral species, habitats, and ecosystem impacts to coral reefs, outreach and prepared a final programmatic types. The CRCP conducts research and education, and program support. The environmental impact statement (PEIS) monitoring to gather data on the CRCP would continue to be in accordance with the National existence and condition of coral reef implemented using available Environmental Policy Act of 1969, as ecosystems to support conservation and appropriations, across four NOAA line amended (NEPA), for its Coral Reef restoration efforts. NOAA implements offices, using a mix of internal and Conservation Program (CRCP), which is the CRCP across four of its line offices external funding, across existing managed by NOAA’s National Ocean (i.e., National Ocean Service, Office of geographic areas, and in collaboration Service in Silver Spring, MD. The CRCP Oceanic and Atmospheric Research, with similar partners. The CRCP would is implemented in coastal areas and National Marine Fisheries Service, and continue to conduct program activities marine waters of Florida, Puerto Rico, National Environmental Satellite, Data, with mandatory mitigation measures U.S. Virgin Islands, Gulf of Mexico, and Information Service) and in developed in compliance with Hawaii, Guam, the Commonwealth of coordination with other federal applicable environmental laws such as the Northern Mariana Islands, American agencies, state and local agencies, the ESA. For the purposes of this final Samoa, the U.S. Pacific Remote Islands, private conservation organizations, and PEIS, it is assumed that the activities and targeted international regions research and academic institutions. A would be conducted in the same including the wider Caribbean, the significant amount of this support is manner as they currently are. • Coral Triangle, the South Pacific, and administered through grants and Alternative 1: This alternative Micronesia. cooperative agreements. CRCP activities reflects the management of the CRCP to are prioritized based on available address and minimize the three primary FOR FURTHER INFORMATION CONTACT: Liz threats listed above, but does not Fairey, NMFS Office of Habitat funding and the responsiveness to the priorities in its strategic plan, including include research and possible Conservation, NOAA Coral Reef application of restoration and jurisdictional needs. The final PEIS Conservation Program, 1315 East West intervention techniques. The CRCP identifies and evaluates the general Highway, Silver Spring, MD 20910, would continue to be implemented environmental impacts, issues, and [email protected], 301-427-8632. using available appropriations, across SUPPLEMENTARY INFORMATION: On July concerns related to the comprehensive four NOAA line offices, using a mix of 11, 2018, NOAA published a Notice of management and implementation of the internal and external funding, across Intent (NOI) in the Federal Register to CRCP, including potential mitigation. existing geographic areas, and using prepare a PEIS for continued operation NOAA anticipates that some similar partners. The CRCP would of NOAA’s Coral Reef Conservation environmental effects will be caused by continue to conduct program activities Program (CRCP) (83 FR 32099). On site-specific, project-level activities with mandatory mitigation measures December 13, 2019, NOAA published a implementing the CRCP; therefore, the developed in compliance with draft PEIS for coral reef conservation final PEIS will be used to support tiered, applicable environmental laws such as and restoration activities conducted by site-specific National Environmental the ESA. the CRCP throughout parts of the United Policy Act of 1969, as amended (NEPA), • Alternative 2: This alternative States, including the coastal areas and reviews by narrowing the scope of continues the management of the CRCP marine waters of Florida, Puerto Rico, environmental impacts and facilitating to address and minimize the three U.S. Virgin Islands, Gulf of Mexico, focused, project-level reviews. NOAA primary threats and support research Hawaii, Guam, the Commonwealth of also intends for this final PEIS to and possible application of novel coral the Northern Mariana Islands, American establish a tiered environmental restoration and intervention techniques Samoa, and the U.S. Pacific Remote decision-making framework that will to respond rapidly to imminent threats Islands, and priority international areas support efficient compliance with other (i.e., the No Action Alternative) plus the (i.e., the wider Caribbean, the Coral statutes protecting natural resources, implementation of discretionary Triangle, the South Pacific, and such as the Endangered Species Act mitigation measures. The fundamental Micronesia). The public comment (ESA) and Marine Mammal Protection difference between this alternative and period for the draft PEIS ended on Act, to the extent they apply. Since the the other alternatives is that Alternative January 27, 2020. Thirteen comments CRCP will use the final PEIS to conduct 2 identifies and implements a suite of were received and broken down into tiered analyses, this document does not standard, discretionary conservation

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43545

and mitigation measures that would SUPPLEMENTARY INFORMATION: Service supplement mandatory mitigation Additions Service Type: Base Supply Center measures required by statutes. Mandatory for: New Mexico National Guard, The fundamental distinction between On 5/15/2020 and 6/12/2020, the Santa Fe, NM Alternative 1 and the No Action Committee for Purchase From People Mandatory Source of Supply: Envision, Inc., Alternative is that the No Action Who Are Blind or Severely Disabled Wichita, KS Alternative includes research and published notice of proposed additions Contracting Activity: DEPT OF THE ARMY, W7NQ USPFO ACTIVITY NM ARNG potential application of novel to the Procurement List. This notice is restoration and intervention techniques published pursuant to 41 U.S.C. 8503 Deletions as tools to respond to imminent threats (a)(2) and 41 CFR 51–2.3. On 6/12/2020, the Committee for After consideration of the material to corals. The final PEIS considers the Purchase From People Who Are Blind presented to it concerning capability of environmental effects of these various or Severely Disabled published notice of qualified nonprofit agencies to provide intervention strategies. proposed deletions from the the products and services and impact of Please visit the CRCP web page for Procurement List. This notice is the additions on the current or most additional information regarding the published pursuant to 41 U.S.C. 8503 recent contractors, the Committee has CRCP: https://coralreef.noaa.gov/. (a)(2) and 41 CFR 51–2.3. This final PEIS is available for a 30- determined that the products and After consideration of the relevant day waiting period, ending on August services listed below are suitable for matter presented, the Committee has 17, 2020. procurement by the Federal Government determined that the products and Authority: The preparation of the final under 41 U.S.C. 8501–8506 and 41 CFR services listed below are no longer PEIS for the CRCP was conducted in 51–2.4. suitable for procurement by the Federal accordance with the requirements of Regulatory Flexibility Act Certification Government under 41 U.S.C. 8501–8506 NEPA, the Council on Environmental and 41 CFR 51–2.4. Quality’s NEPA regulations (40 CFR I certify that the following action will parts 1500–1508), other applicable not have a significant impact on a Regulatory Flexibility Act Certification regulations, and NOAA’s policies and substantial number of small entities. I certify that the following action will procedures for compliance with those The major factors considered for this not have a significant impact on a regulations. certification were: substantial number of small entities. 1. The action will not result in any Keelin Kuipers, The major factors considered for this additional reporting, recordkeeping or certification were: Deputy Director, Office for Coastal other compliance requirements for small Management, National Ocean Service, 1. The action will not result in entities other than the small additional reporting, recordkeeping or National Oceanic and Atmospheric organizations that will furnish the Administration. other compliance requirements for small products and services to the entities. [FR Doc. 2020–15419 Filed 7–16–20; 8:45 am] Government. 2. The action may result in BILLING CODE 3510–NK–P 2. The action will result in authorizing small entities to furnish the authorizing small entities to furnish the products and services to the products and services to the Government. COMMITTEE FOR PURCHASE FROM Government. 3. There are no known regulatory PEOPLE WHO ARE BLIND OR 3. There are no known regulatory alternatives which would accomplish SEVERELY DISABLED alternatives which would accomplish the objectives of the Javits-Wagner- the objectives of the Javits-Wagner- O’Day Act (41 U.S.C. 8501–8506) in Procurement List; Additions and O’Day Act (41 U.S.C. 8501–8506) in connection with the products and Deletions connection with the products and services deleted from the Procurement services proposed for addition to the AGENCY: Committee for Purchase From List. Procurement List. People Who Are Blind or Severely End of Certification Disabled. End of Certification Accordingly, the following products ACTION: Additions to and deletions from Accordingly, the following products and services are deleted from the the Procurement List. and services are added to the Procurement List: Procurement List: SUMMARY: This action adds products and Products Products services to the Procurement List that NSN(s)—Product Name(s): will be furnished by nonprofit agencies NSN(s)—Product Name(s): 8415–01–043–4036—Drawers, Flyers, employing persons who are blind or MR 11100—Server, Gravy and Sauce, Aramid, Navy, Ankle Length, Natural, have other severe disabilities, and Includes Shipper 21100 XS deletes products and services from the MR11130—Carving Kit, Pumpkin, Assorted 8415–00–467–4075—Drawers, Flyers, Procurement List previously furnished Colors Aramid, Navy, Ankle Length, Natural, by such agencies. Mandatory Source of Supply: Winston-Salem Small Industries for the Blind, Inc., Winston- 8415–00–467–4076—Drawers, Flyers, DATES: Date added to and deleted from Salem, NC Aramid, Navy, Ankle Length, Natural, the Procurement List: August 16, 2020. Mandatory For: Medium ADDRESSES: Committee for Purchase Contracting Activity: Military Resale-Defense 8415–00–467–4078—Drawers, Flyers, From People Who Are Blind or Severely Commissary Agency Aramid, Navy, Ankle Length, Natural, Disabled, 1401 S Clark Street, Suite 715, NSN(s)—Product Name(s): Large Arlington, Virginia, 22202–4149. MR 1186—Broom Dustpan Combo 8415–00–467–4100—Drawers, Flyers, Mandatory Source of Supply: LC Industries, Aramid, Navy, Ankle Length, Natural, X FOR FURTHER INFORMATION CONTACT: Inc., Durham, NC Large Michael R. Jurkowski, Telephone: (703) Mandatory For: Mandatory Source of Supply: Peckham 603–2117, Fax: (703) 603–0655, or email Contracting Activity: Military Resale-Defense Vocational Industries, Inc., Lansing, MI [email protected]. Commissary Agency Contracting Activity: DLA TROOP SUPPORT,

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43546 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

PHILADELPHIA, PA an opportunity to submit comments on Agency NSN(s)—Product Name(s): the proposed actions. 7510–01–451–2269—Refill, Ball Point Pen, Services Pushcap, Black Ink, Medium Point Additions Service Type: Administrative Services 7510–01–451–2273—Refill, Ball Point Pen, If the Committee approves the Mandatory for: Milwaukee Federal Building Pushcap, Blue Ink, Medium Point and U.S. Courthouse, Milwaukee, WI Mandatory Source of Supply: West Texas proposed additions, the entities of the Mandatory Source of Supply: Milwaukee Lighthouse for the Blind, San Angelo, TX Federal Government identified in this Center for Independence, Inc., Contracting Activity: GSA/FAS ADMIN notice will be required to procure the Milwaukee, WI SVCS ACQUISITION BR(2, NEW YORK, products and services listed below from Contracting Activity: GENERAL SERVICES NY nonprofit agencies employing persons ADMINISTRATION, FPDS AGENCY NSN(s)—Product Name(s): who are blind or have other severe COORDINATOR 8470–00–NIB–0026—Kit, ACH Pad, disabilities. Service Type: Janitorial/Custodial Rplcmt The following products and services Mandatory for: Internal Revenue Service: 8470–00–NIB–0027—Kit, ACH Retrofit are proposed for addition to the 11631 Caroline Road, Philadelphia, PA 8470–00–NIB–0028—Kit, ACH Retrofit Contracting Activity: TREASURY, Mandatory Source of Supply: Winston-Salem Procurement List for production by the nonprofit agencies listed: DEPARTMENT OF THE, DEPT OF Industries for the Blind, Inc., Winston- TREAS/ Salem, NC Product Service Type: Telephone/Switchboard Contracting Activity: W6QK ACC–APG NSN(s)—Product Name(s): Operator NATICK, NATICK, MA 160001400S—ProPack, Rack and Hooks Mandatory for: VA Northern California NSN(s)—Product Name(s) Kit, Army Health Care System, Martinez, CA 7360–00–139–1063—Wash Kit Assembly Mandatory Source of Supply: Crowder Mandatory Source of Supply: St. Lawrence Mandatory Source of Supply: Project Hired, Industries, Inc., Neosho, MO County Chapter, NYSARC, Canton, NY San Jose, CA Contracting Activity: DEPT OF THE ARMY, Contracting Activity: DLA TROOP SUPPORT, Contracting Activity: VETERANS AFFAIRS, W6QK ACC–APG NATICK PHILADELPHIA, PA DEPARTMENT OF, 261–NETWORK CONTRACT OFFICE 21 Service Michael R. Jurkowski, Service Type: Telephone/Switchboard Service Type: 4PL Support Services Deputy Director, Business & PL Operations. Operator Mandatory for: Naval Base Ventura County, [FR Doc. 2020–15515 Filed 7–16–20; 8:45 am] Mandatory for: Department of Veterans Port Hueneme, CA Affairs, VA Northern California Health BILLING CODE 6353–01–P Mandatory Source of Supply: The Lighthouse Care System, 10535 Hospital Way, for the Blind, Inc. (Seattle Lighthouse), Sacramento, CA Seattle, WA Mandatory Source of Supply: Project Hired, COMMITTEE FOR PURCHASE FROM Contracting Activity: FEDERAL San Jose, CA ACQUISITION SERVICE, GSA/FAS PEOPLE WHO ARE BLIND OR Contracting Activity: VETERANS AFFAIRS, SEVERELY DISABLED Deletions DEPARTMENT OF, 261–NETWORK CONTRACT OFFICE 21 Procurement List; Proposed Additions The following products and services Service Type: Document Destruction and Deletions are proposed for deletion from the Mandatory for: VA North Clinic: 916 W Procurement List: AGENCY: Committee for Purchase From Owens Avenue, Las Vegas, NV People Who Are Blind or Severely Products Mandatory for: VA Central Clinic: 901 Rancho Lane, Las Vegas, NV Disabled. NSN(s)—Product Name(s): Mandatory for: VA Administration: 1841 E. ACTION: Proposed additions to and 7520–01–483–8993—Stand, Calendar Pad, Craig Road, Ste. B Warehouse, Las Vegas, ″ 3 ″ deletions from the Procurement List. for 3 x 3 ⁄4 refill, Black NV Mandatory Source of Supply: LC Industries, Mandatory for: VA Administration #2: 2455 Inc., Durham, NC SUMMARY: The Committee is proposing W. Cheyenne, Ste. 102, Las Vegas, NV Contracting Activity: GSA/FAS ADMIN Mandatory for: VA West Clinic: 630 S to add products and services to the SVCS ACQUISITION BR(2, NEW YORK, Procurement List that will be furnished Rancho Road, Las Vegas, NV NY Mandatory for: VA Loma Linda Healthcare by nonprofit agencies employing NSN(s)—Product Name(s): persons who are blind or have other System: 11201 Benton Street, Loma 4220–00–926–9468—Vest, Life Preserver, Linda, CA severe disabilities, and deletes products USN, Red, Medium Mandatory Source of Supply: Goodwill and services previously furnished by Mandatory Source of Supply: Mississippi Industries of Southern California, such agencies. Industries for the Blind, Jackson, MS; Panarama City, CA Lions Volunteer Blind Industries, Inc., DATES: Comments must be received on Contracting Activity: VETERANS AFFAIRS, Morristown, TN DEPARTMENT OF, NAC or before: August 16, 2020. Contracting Activity: DLA TROOP SUPPORT, ADDRESSES: Committee for Purchase PHILADELPHIA, PA Service Type: Janitorial/Custodial Mandatory for: Defense Enterprise From People Who Are Blind or Severely NSN(s)—Product Name(s): MR 402—Bag, Shopping Tote, Laminated, Computing Center (DECC) Disabled, 1401 S Clark Street, Suite 715, Mechanicsburg: Building 309T and Arlington, Virginia, 22202–4149. Small, ‘‘Live Sweet’’ MR 403—Bag, Shopping Tote, Laminated, 504B, Mechanicsburg, PA FOR FURTHER INFORMATION CONTACT: For Small, ‘‘Live Well’’ Mandatory Source of Supply: Goodwill further information or to submit MR 404—Bag, Shopping Tote, Laminated, Services, Inc., Harrisburg, PA comments contact: Michael R. Large, ‘‘Live Spicy’’ Contracting Activity: DEFENSE Jurkowski, Telephone: (703) 603–2117, MR 405—Bag, Shopping Tote, Laminated, INFORMATION SYSTEMS AGENCY Fresh, ‘‘Live Fresh’’ (DISA), IT CONTRACTING DIVISION— Fax: (703) 603–0655, or email PL83 [email protected]. MR 406—Bag, Shopping Tote, Laminated, Large, ‘‘Live Sweet’’ Michael R. Jurkowski, SUPPLEMENTARY INFORMATION: This Mandatory Source of Supply: Industries for Deputy Director, Business & PL Operations. notice is published pursuant to 41 the Blind and Visually Impaired, Inc., U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its West Allis, WI [FR Doc. 2020–15514 Filed 7–16–20; 8:45 am] purpose is to provide interested persons Contracting Activity: Defense Commissary BILLING CODE 6353–01–P

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43547

COMMODITY FUTURES TRADING ‘‘Collection of Information’’ is defined with which it deposits cleared swaps COMMISSION in 44 U.S.C. 3502(3) and 5 CFR 1320.3 customer funds, a letter acknowledging and includes agency requests or that such funds belong to the Cleared Agency Information Collection requirements that members of the public Swaps Customers of the FCM, and not Activities: Notice of Intent To Extend submit reports, keep records, or provide the FCM itself or any other person. The Collection 3038–0091: Disclosure and information to a third party. Section purpose of this collection of information Retention of Certain Information 3506(c)(2)(A) of the PRA, 44 U.S.C. is to confirm that the depository Relating to Cleared Swaps Customer 3506(c)(2)(A), requires Federal agencies understands its responsibilities with Collateral to provide a 60-day notice in the respect to protection of cleared swaps Federal Register concerning each customer funds. AGENCY: Commodity Futures Trading proposed collection of information, Commission. Section 22.11 requires each FCM that including each proposed extension of an intermediates cleared swaps for ACTION: Notice. existing collection of information, customers on or subject to the rules of before submitting the collection to OMB SUMMARY: The Commodity Futures a DCO, whether directly as a clearing for approval. To comply with this member or indirectly through a Trading Commission (CFTC) is requirement, the CFTC is publishing announcing an opportunity for public Collecting FCM, to provide the DCO notice of the proposed extension of an with information sufficient to identify comment on the proposed renewal of a existing collection of information listed collection of certain information by the each customer of the FCM whose swaps below. An agency may not conduct or are cleared by the FCM. Section 22.11 agency. Under the Paperwork Reduction sponsor, and a person is not required to Act (‘‘PRA’’), Federal agencies are also requires the FCM, at least once respond to, a collection of information daily, to provide the DCO with required to publish notice in the unless it displays a currently valid OMB Federal Register concerning each information sufficient to identify each control number. customer’s portfolio of rights and proposed collection of information, Title: Disclosure and Retention of including proposed extension of an obligations arising out of cleared swaps Certain Information Relating to Cleared intermediated by the FCM. The purpose existing collection of information, and Swaps Customer Collateral (OMB to allow 60 days for public comment. of this collection of information is to Control No. 3038–0091). This is a facilitate risk management by DCOs in This notice solicits comments on request for an extension of a currently proposed extension of the existing the event of default by the FCM, to approved information collection. enable DCOs to perform their duty, collection of information relating to Abstract: Section 724(a) of the Dodd- pursuant to section 22.15, to treat the Cleared Swaps Customer Collateral. Frank Wall Street Reform and Consumer collateral attributed to each customer of DATES: Comments must be submitted on Protection Act, Public Law 111–023, the FCM on an individual basis. or before September 15, 2020. 124 stat. 1376, amended the Commodity Section 22.12 requires that each DCO ADDRESSES: You may submit comments, Exchange Act (‘‘CEA’’), 7 U.S.C. 1 et seq., to add, as section 4d(f) thereof, and FCM, on a daily basis, calculate, identified by OMB Control No. 3038– based on information received pursuant 0091 by any of the following methods: provisions concerning the protection of • collateral provided by a Cleared Swaps to section 22.11 and on information The Agency’s Website, at http:// generated and used in the ordinary comments.cftc.gov/. Follow the Customer to margin, guaranty, or secure a swap cleared by or through a course of business by the DCO or FCM, instructions for submitting comments and record certain information about the through the website. derivatives clearing organization • (‘‘DCO’’). Broadly speaking, in cleared amount of collateral required for each Mail: Christopher Kirkpatrick, Cleared Swaps Customer and the sum of Secretary of the Commission, swaps transactions customers provide collateral to futures commission these amounts. As with section 22.11, Commodity Futures Trading the purpose of this collection of Commission, Three Lafayette Centre, merchants (‘‘FCMs’’) through whom they clear their transactions. FCMs, in information is to facilitate risk 1155 21st Street NW, Washington, DC management by DCOs and in the event 20581. turn, may provide customer collateral to • DCOs, through which FCMs clear of default by the FCM, to enable DCOs Hand Delivery/Courier: Same as to perform their duty, pursuant to Mail above. transactions for their customers. 17 CFR part 22 is intended to implement CEA section 22.15, to treat the collateral Please submit your comments using attributed to each customer of the FCM only one method and identify that it is section 4d(f). Several of the sections of Part 22 require collections of on an individual basis. for the renewal of Collection Number Section 22.16 requires that each FCM 3038–0091. All comments must be information. Section 22.2(g) requires each FCM who has Cleared Swaps Customers submitted in English, or if not, with Cleared Swaps Customer Accounts disclose to each of such customers the accompanied by an English translation. to compute daily the amount of Cleared governing provisions, as established by Comments will be posted as received to Swaps Customer Collateral on deposit DCO rules or customer agreements https://www.cftc.gov. in Cleared Swaps Customer Accounts, between collecting and depositing FOR FURTHER INFORMATION CONTACT: the amount of such collateral required FCMs, relating to use of customer Mark Bretscher, Special Counsel, to be on deposit in such accounts and collateral, transfer, neutralization of the Division of Swap Dealers and the amount of the FCM’s residual risks, or liquidation of cleared swaps in Intermediary Oversight, Commodity financial interest in such accounts. The the event of a default by a Depositing Futures Trading Commission, (312) purpose of this collection of information FCM relating to a Cleared Swaps 353–0529; email: [email protected]. is to help ensure that FCMs’ Cleared Customer Account. The purpose of this SUPPLEMENTARY INFORMATION: Under the Swaps Customer Accounts are in collection of information is to ensure PRA, 44 U.S.C. 3501 et seq., Federal compliance at all times with statutory that Cleared Swaps Customers are agencies must obtain approval from the and regulatory requirements for such informed of the procedures to which Office of Management and Budget accounts. accounts containing their swaps (OMB) for each collection of Section 22.5(a) requires an FCM or collateral may be subject in the event of information they conduct or sponsor. DCO to obtain, from each depository a default by their FCM.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43548 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

Section 22.17 requires that each FCM Estimated Average Burden Hours per agency objectives, regardless of whether produce a written notice of the reasons Respondent: 331. such a purchase was made through a and the details concerning withdrawals Estimated Total Annual Burden contract or task order; from a Cleared Swaps Customers Hours: 25,890. (B) The organizational component of Account not for the benefit of Cleared Frequency of Collection: Section the executive agency administering the Swap Customers if such withdrawal 22.2(g)—Daily. Section 22.5(a)—Once. contract, and the organizational will exceed 25% of the FCMs residual Section 22.11—Daily. Section 22.12— component of the agency whose interest in such account. Daily. Section 22.16—Once. Section requirements are being met through With respect to the collection of 22.17—On occasion. contractor performance of the service; information, the CFTC invites There is no capital cost associated comments on: with this collection. (C) The total dollar amount obligated for services under the contract and the • Whether the proposed extension of (Authority: 44 U.S.C. 3501 et seq.) funding source for the contract; collection of information is necessary Dated: July 14, 2020. for the proper performance of the (D) The total dollar amount invoiced Robert Sidman, functions of the Commission, including for services under the contract; Deputy Secretary of the Commission. whether the information will have a (E) The contract type and date of practical use; [FR Doc. 2020–15466 Filed 7–16–20; 8:45 am] award; • BILLING CODE 6351–01–P The accuracy of the Commission’s (F) The name of the contractor and estimate of the burden of the proposed place of performance; collection of information, including the validity of the methodology and CONSUMER PRODUCT SAFETY (G) The number and work location of assumptions used; COMMISSION contractor and subcontractor employees, • Ways to enhance the quality, expressed as full-time equivalents for usefulness, and clarity of the Public Availability of Consumer direct labor, compensated under the information to be collected; and Product Safety Commission FY 2017 contract; • Ways to minimize the burden of and 2018 Service Contract Inventories (H) Whether the contract is a personal collection of information on those who AGENCY: Consumer Product Safety services contract; and are to respond, including through the Commission. (I) Whether the contract was awarded use of appropriate automated electronic, ACTION: Notice. on a noncompetitive basis, regardless of mechanical, or other technological date of award. collection techniques or other forms of SUMMARY: The Consumer Product Safety information technology; e.g., permitting Commission (CPSC), in accordance with Section 743(a)(3)(A) through (I) of the electronic submission of responses. section 743(c) of Division C of the Consolidated Appropriations Act. Section 743(c) of the Consolidated You should submit only information Consolidated Appropriations Act, 2010, Appropriations Act requires agencies to that you wish to make available is announcing the availability of CPSC’s ‘‘publish in the Federal Register a publicly. If you wish the Commission to service contract inventories for fiscal notice that the inventory is available to consider information that you believe is years (FYs) 2017 and 2018. The the public.’’ exempt from disclosure under the inventories provide information on Freedom of Information Act, a petition service contract actions exceeding Consequently, through this notice, we for confidential treatment of the exempt $25,000 that CPSC made in FYs 2017 are announcing that the CPSC’s service information may be submitted according and 2018. contract inventories for FYs 2017 and to the procedures established in § 145.9 FOR FURTHER INFORMATION CONTACT: 2018 are available to the public. The of the Commission’s regulations.1 Eddie Ahmad, Procurement Analyst, inventories provide information on The Commission reserves the right, Division of Procurement Services, service contract actions of more than but shall have no obligation, to review, Division of Procurement Services, U.S. $25,000 that CPSC made in FYs 2017 pre-screen, filter, redact, refuse or Consumer Product Safety Commission, and 2018. The information is organized remove any or all of your submission 4330 East West Highway, Bethesda, MD by function to show how contracted from https://www.cftc.gov that it may 20814. Telephone: 301–504–7884; resources are distributed throughout the deem to be inappropriate for email: [email protected]. CPSC. OMB posted a consolidated publication, such as obscene language. SUPPLEMENTARY INFORMATION: On government-wide Service Contract All submissions that have been redacted December 16, 2009, the Consolidated Inventory for FYs 2017 and 2018 at: or removed that contain comments on Appropriations Act, 2010, Public Law https://www.acquisition.gov/service- the merits of the ICR will be retained in 111–117, 123 Stat. 3034, 3216, contract-inventory. You can access the public comment file and will be (Consolidated Appropriations Act) CPSC’s inventories by limiting the considered as required under the became law. Section 743(a) of the ‘‘Contracting Agency Name’’ field on Administrative Procedure Act and other Consolidated Appropriations Act, titled, each spreadsheet to ‘‘Consumer Product applicable laws, and may be accessible ‘‘Service Contract Inventory Safety Commission.’’ under the Freedom of Information Act. Requirement,’’ requires agencies to Additionally, CPSC’s Division of Burden Statement: The Commission submit to the Office of Management and Procurement Services has posted FY is revising its estimate of the burden for Budget (OMB), an annual inventory of 2016 and 2017 inventory analyses, along this collection for 78 respondents (63 service contracts awarded or extended with other related materials required by FCMs and 15 DCOs). The respondent through the exercise of an option on or OMB, on CPSC’s homepage at the burden for this collection is estimated to after April 1, 2010, and describes the following link: https://www.cpsc.gov/ be as follows: contents of the inventory. The contents Agency-Reports/Service-Contract- Estimated Number of Respondents: of the inventory must include: Inventory. The FY 2016 and 2017 78. (A) A description of the services inventory analyses were developed in purchased by the executive agency and accordance with guidance issued on 1 17 CFR 145.9. the role the services played in achieving October 17, 2016 by the Office of

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43549

Management and Budget (OMB), Office Face-to-Face Interview: 122.23 hours. DEPARTMENT OF DEFENSE of Procurement Policy (OFPP). Total Annual Burden Hours: 148.09 Department of the Air Force Alberta E. Mills, hours. Secretary, Consumer Product Safety Needs and Uses: Information is [Docket ID: USAF–2020–HQ–0006] Commission. required for five categories of Submission for OMB Review; [FR Doc. 2020–15530 Filed 7–16–20; 8:45 am] respondents (ACES Unit Account Comment Request BILLING CODE 6355–01–P Manager, ACES User, Civil Engineer (CE) Personnel supporting facility AGENCY: Department of the Air Force, maintenance, warfighters, and Facility Department of Defense (DoD). DEPARTMENT OF DEFENSE Managers). For ACES Unit Account ACTION: 30-Day information collection Managers, PII data is required to notice. Department of the Air Force establish roles for individuals to manage SUMMARY: [Docket ID USAF–2020–HQ–0004] their unit’s accounts. For ACES Users, The DoD has submitted to PII data is required to establish OMB for clearance the following Submission for OMB Review; accounts. For CE Personnel, PII data is proposal for collection of information Comment Request required to identify CE Personnel for under the provisions of the Paperwork assignments to cost centers for the Reduction Act. AGENCY: Department of the Air Force, purpose of work order labor reporting DATES: Consideration will be given to all Department of Defense (DoD). and the calculations of shop rates. For comments received by August 17, 2020. ACTION: 30-Day information collection warfighters, PII data is critical to ensure ADDRESSES: Written comments and notice. all warfighters are prepared for recommendations for the proposed deployment. ACES is the authoritative information collection should be sent SUMMARY: The DoD has submitted to source for Chemical, Biological, within 30 days of publication of this OMB for clearance the following Radiological, Nuclear (CBRN) and proposal for collection of information notice to www.reginfo.gov/public/do/ Combat Arms training. For Facilities PRAMain. Find this particular under the provisions of the Paperwork Managers, PII data is required for work Reduction Act. information collection by selecting orders and after hour emergencies. ‘‘Currently under 30-day Review—Open DATES: Consideration will be given to all Affected Public: Individuals or for Public Comments’’ or by using the comments received by August 17, 2020. households. search function. ADDRESSES: Written comments and Frequency: On occasion. FOR FURTHER INFORMATION CONTACT: recommendations for the proposed Respondent’s Obligation: Voluntary. Angela James, 571–372–7574, or information collection should be sent whs.mc-alex.esd.mbx.dd-dod- within 30 days of publication of this OMB Desk Officer: Ms. Jasmeet [email protected]. notice to www.reginfo.gov/public/do/ Seehra. SUPPLEMENTARY INFORMATION: PRAMain. Find this particular You may also submit comments and Title; Associated Form; and OMB information collection by selecting recommendations, identified by Docket Number: Cargo Movement Operations ‘‘Currently under 30-day Review—Open ID number and title, by the following System (CMOS) Information Records; for Public Comments’’ or by using the method: 0701–CMOS. search function. • Federal eRulemaking Portal: http:// Type of Request: New collection. FOR FURTHER INFORMATION CONTACT: Number of Respondents: 180. Angela James, 571–372–7574, or www.regulations.gov. Follow the instructions for submitting comments. Responses per Respondent: 1. whs.mc-alex.esd.mbx.dd-dod- Annual Responses: 180. [email protected]. Instructions: All submissions received Average Burden per Response: 0.10 SUPPLEMENTARY INFORMATION: must include the agency name, Docket hour. Title; Associated Form; and OMB ID number, and title for this Federal Annual Burden Hours: 18. Number: Automated Civil Engineer Register document. The general policy Needs and Uses: CMOS is used by the System (ACES) Electronic Records; for comments and other submissions DoD to plan, manage, and execute the OMB Control Number 0701–ACES. from members of the public is to make movement of cargo and personnel. In Type of Request: New Collection. these submissions available for public addition to the deployment of active Number of Respondents: viewing on the internet at http:// military personnel, the passenger Electronic Form (eForm): 862. www.regulations.gov as they are manifest capability supports military Face-to-Face Interview: 719. received without change, including any retirees and military family members Total Number of Respondents: 1,581. personal identifiers or contact traveling on a ‘‘Space A CAT VI’’ basis. Responses per Respondent: information. Those passengers are considered to be eForm: 1. DOD Clearance Officer: Ms. Angela ‘‘general public.’’ The data required for Face-to-Face Interview: 1. James. a passenger manifest includes PII, such Annual Responses: Requests for copies of the information as a Passport Number, and is deemed to eForm: 862. collection proposal should be sent to be a ‘‘Collection.’’ This ‘‘general public’’ Face-to-Face Interview: 719. Ms. James at whs.mc-alex.esd.mbx.dd- data is collected when passengers are at Total Annual Responses: 1,581. [email protected]. the Air Terminal; no solicitation is Average Burden per Response: involved. eForm: 0.03 hours. Dated: July 13, 2020. Affected Public: Individuals or Face-to-Face Interview: 0.17 hours. Aaron T. Siegel, households. Total Average Burden per Response: Alternate OSD Federal Register Liaison Frequency: On occasion. 0.20 hours. Officer, Department of Defense. Respondent’s Obligation: Voluntary. Annual Burden Hours: [FR Doc. 2020–15526 Filed 7–16–20; 8:45 am] OMB Desk Officer: Ms. Jasmeet eForm: 25.86 hours. BILLING CODE 5001–06–P Seehra.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43550 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

You may also submit comments and Requests for copies of the information ACTION: Arms sales notice. recommendations, identified by Docket collection proposal should be sent to ID number and title, by the following Ms. James at whs.mc-alex.esd.mbx.dd- SUMMARY: The Department of Defense is method: [email protected]. publishing the unclassified text of an arms sales notification. • Federal eRulemaking Portal: http:// Dated: July 13, 2020. FOR FURTHER INFORMATION CONTACT: www.regulations.gov. Follow the Aaron T. Siegel, instructions for submitting comments. Karma Job at [email protected] Alternate OSD Federal Register Liaison or (703) 697–8976. Instructions: All submissions received Officer, Department of Defense. SUPPLEMENTARY INFORMATION: must include the agency name, Docket [FR Doc. 2020–15528 Filed 7–16–20; 8:45 am] This 36(b)(1) arms sales notification is ID number, and title for this Federal BILLING CODE 5001–05–P Register document. The general policy published to fulfill the requirements of for comments and other submissions section 155 of Public Law 104–164 from members of the public is to make DEPARTMENT OF DEFENSE dated July 21, 1996. The following is a these submissions available for public copy of a letter to the Speaker of the viewing on the internet at http:// Office of the Secretary House of Representatives, Transmittal www.regulations.gov as they are 20–21 with attached Policy Justification. received without change, including any [Transmittal No. 20–21] Dated: July 10, 2020. personal identifiers or contact Arms Sales Notification Aaron T. Siegel, information. Alternate OSD Federal Register Liaison DOD Clearance Officer: Ms. Angela AGENCY: Defense Security Cooperation Officer, Department of Defense. James. Agency, Department of Defense. BILLING CODE 5001–06–P

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4725 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN17JY20.001 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43551

BILLING CODE 5001–06–C (viii) Date Report Delivered to The principal contractors involved Transmittal No. 20–21 Congress: May 28, 2020 with this potential sale are Raytheon * As defined in Section 47(6) of the Company, Huntsville, AL; Lockheed Notice of Proposed Issuance of Letter of Arms Export Control Act. Martin, Huntsville, AL; LEIDOS, Inc., Offer Pursuant to Section 36(b)(1) of the Huntsville, AL; and KBR, Huntsville, Arms Export Control Act, as Amended POLICY JUSTIFICATION AL. There are no known offset (i) Prospective Purchaser: Government Kuwait—Patriot Program Sustainment agreements proposed in connection of Kuwait and Technical Assistance Support with this potential sale. (ii) Total Estimated Value: Implementation of this proposed sale The Government of Kuwait has Major Defense Equipment .... $ 0 million will require the temporary assignment requested to buy Patriot program Other ...... $425 million of five (5) U.S. Government and twenty sustainment and technical assistance as seven (27) contractors to provide follow-on support. Included are PAC-3 Total ...... $425 million support for one (1) to two (2) years. Field Surveillance Program (FSP) (iii) Description and Quantity or There will be no adverse impact on services, storage and aging, surveillance Quantities of Articles or Services under U.S. defense readiness as a result of this firing, stockpile reliability, shared and Consideration for Purchase: The proposed sale. country unique Patriot PAC-3 Missile Government of Kuwait has requested Support Center (P3MSC) support, parts [FR Doc. 2020–15490 Filed 7–16–20; 8:45 am] the possible sale of Patriot program library, technical support for the Kuwait BILLING CODE 5001–06–P sustainment and technical assistance as Missile Assembly/Disassembly Facility follow-on support. (MADF), transportation, organizational Major Defense Equipment (MDE): equipment, spare and repair parts, DEPARTMENT OF DEFENSE None support equipment, tools and test Non-MDE: Office of the Secretary Included are Patriot Advanced equipment, technical data and publications, personnel training and Capability (PAC-3) Field Surveillance [Transmittal No. 20–39] Program (FSP) services, storage and training equipment, maintenance services, U.S. government and aging, surveillance firing, stockpile Arms Sales Notification reliability, shared and country unique contractor engineering, technical, and Patriot PAC-3 Missile Support Center logistics support services, and other AGENCY: Defense Security Cooperation (P3MSC) support, parts library, related elements of logistical and Agency, Department of Defense. program support. The total estimated technical support for the Kuwait Missile ACTION: Arms sales notice. Assembly/Disassembly Facility (MADF), program cost is $425 million. transportation, organizational The proposed sale will support the SUMMARY: The Department of Defense is equipment, spare parts, support foreign policy and national security of publishing the unclassified text of an equipment, tools and test equipment, the United States by helping to improve arms sales notification. technical data and publications, the security of a Major Non-NATO Ally FOR FURTHER INFORMATION CONTACT: personnel training and training that is an important force for political Karma Job at [email protected] equipment, maintenance services, U.S. stability and economic progress in the or (703) 697–8976. Middle East. government and contractor engineering, SUPPLEMENTARY INFORMATION: This The proposed sale of these articles technical, and logistics support services, 36(b)(1) arms sales notification is and services will improve Kuwait’s and other related elements of logistical published to fulfill the requirements of capability to meet current and future and program support. section 155 of Public Law 104–164 threats and provide greater security for (iv) Military Department: Army (KU- dated July 21, 1996. The following is a its critical oil and natural gas B-UXH) copy of a letter to the Speaker of the infrastructure. Kuwait will use the (v) Prior Related Cases, if any: KU-B- House of Representatives, Transmittal enhanced capability to strengthen its ULL, KU-B-ULP 20–39 with attached Policy Justification. (vi) Sales Commission, Fee, etc., Paid, homeland defense. Kuwait will have no Offered, or Agreed to be Paid: None difficulty absorbing this equipment and Dated: July 13, 2020. (vii) Sensitivity of Technology support into its armed forces. Aaron T. Siegel, Contained in the Defense Article or The proposed sale of this equipment Alternate OSD Federal Register Liaison Defense Services Proposed to be Sold: and support will not alter the basic Officer, Department of Defense. None military balance in the region. BILLING CODE 5001–06–P

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43552 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

BILLING CODE 5001–06–C Identification Friend or Foe (IFF) POLICY JUSTIFICATION Transmittal No. 20–39 systems; forty (40) MK44 cannons (32 Ukraine—Mark VI Patrol Boats installed and 8 spares); communication Notice of Proposed Issuance of Letter of equipment; support equipment; spare The Government of Ukraine has Offer Pursuant to Section 36(b)(1) of the requested to buy up to sixteen (16) Mark Arms Export Control Act, as Amended and repair parts; tools and test equipment; technical data and VI Patrol Boats; thirty-two (32) MSI (i) Prospective Purchaser: Government publications; personnel training and Seahawk A2 gun systems; twenty (20) of Ukraine. training equipment; U.S. government Electro-Optics-Infrared Radar (FLIR) (16 (ii) Total Estimated Value: and contractor engineering, technical, installed and 4 spares); sixteen (16) Major Defense Equipment * $ 0 million and logistics support services; and other Long Range Acoustic Device (LRAD) Other ...... $600 million related elements of logistics support. 5km loudspeaker systems; sixteen (16) Identification Friend or Foe (IFF) Total ...... $600 million (iv) Military Department: Navy (UP– systems; forty (40) MK44 cannons (32 (iii) Description and Quantity or P–SAD) installed and 8 spares); communication Quantities of Articles or Services under (v) Prior Related Cases, if any: None equipment; support equipment; spare Consideration for Purchase: (vi) Sales Commission, Fee, etc., Paid, and repair parts; tools and test equipment; technical data and Major Defense Equipment (MDE): Offered, or Agreed to be Paid: None. None publications; personnel training and Non-MDE: (vii) Sensitivity of Technology training equipment; U.S. government Up to sixteen (16) Mark VI Patrol Contained in the Defense Article or and contractor engineering, technical, Boats; thirty-two (32) MSI Seahawk A2 Defense Services Proposed to be Sold: and logistics support services; and other gun systems; twenty (20) Electro-Optics- (viii) Date Report Delivered to related elements of logistics support. Infrared Radar (FLIR) (16 installed and Congress: June 17, 2020 The estimated total cost is $600 million. 4 spares); sixteen (16) Long Range * As defined in Section 47(6) of the This proposed sale will support the Acoustic Device (LRAD) 5km foreign policy goals and national Arms Export Control Act. loudspeaker systems; sixteen (16) security objectives of the United States

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN17JY20.006 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43553

by improving the security of a partner Committee’s Designated Federal Officer related travel and per diem, members country that is a force for political (DFO) are found at https:// serve without compensation. stability and economic progress in www.facadatabase.gov/FACA/apex/ The public or interested organizations Europe. FACAPublicAgencyNavigation. may submit written statements to the The proposed sale will improve Pursuant to 10 U.S.C. 7723(b) and (c) Committee membership about the Ukraine’s capability to meet current and the Committee shall provide Committee’s mission and functions. future threats by providing a modern, independent advice and Written statements may be submitted at fast, short-range vessel. Ukraine will recommendations on matters relating to any time or in response to the stated utilize the vessels to better defend its Arlington National Cemetery. The agenda of planned meeting of the territorial waters and protect other Committee shall make periodic reports Committee. All written statements shall maritime interests. Ukraine will have no and recommendations to the Secretary be submitted to the DFO for the difficulty absorbing this equipment into of the Army with respect to the Committee, and this individual will its armed forces. administration of Arlington National ensure that the written statements are The proposed sale of this equipment Cemetery, the erection of memorials at provided to the membership for their and support will not alter the basic the cemetery, and master planning for consideration. military balance in the region. the cemetery. Any and all advice and The prime contractor will be SAFE recommendations shall also be Dated: July 13, 2020. Boats International, Bremerton, WA. forwarded to the Secretary of Defense Aaron T. Siegel, There are no known offset agreements and/or the Deputy Secretary of Defense. Alternate OSD Federal Register Liaison proposed in conjunction with this The Committee shall be composed of no Officer, Department of Defense. potential sale. more than 9 members appointed in [FR Doc. 2020–15488 Filed 7–16–20; 8:45 am] Implementation of this proposed sale accordance with DoD policy and BILLING CODE 5001–06–P will not require the assignment of any procedures. The members shall be additional U.S. Government or eminent authorities in their respective contractor representatives to Ukraine. fields of interest or expertise, DEPARTMENT OF DEFENSE There will be no adverse impact on specifically bereavement practices and U.S. defense readiness as a result of this administrative oversight, the erection of Office of the Secretary proposed sale. memorials, and master planning for [FR Doc. 2020–15512 Filed 7–16–20; 8:45 am] extending the life of a cemetery. Of the [Transmittal No. 20–16] BILLING CODE 5001–06–P potential nine members, one member shall be nominated by the Secretary of Arms Sales Notification Veterans Affairs; one member shall be DEPARTMENT OF DEFENSE nominated by the Secretary of the AGENCY: Defense Security Cooperation American Battle Monuments Agency, Department of Defense. Office of the Secretary Commission; and no more than seven ACTION: Arms sales notice. members shall be nominated by the Charter Renewal of Department of Secretary of the Army. SUMMARY: Defense Federal Advisory Committees The Department of Defense is Committee members who are not full- publishing the unclassified text of an time or permanent part-time Federal AGENCY: Department of Defense (DoD). arms sales notification. civilian officers, employees, or active ACTION: Renewal of Federal Advisory duty members of the Armed Forces will FOR FURTHER INFORMATION CONTACT: Committee. be appointed as experts or consultants, Karma Job at [email protected] or (703) 697–8976. SUMMARY: The DoD is publishing this pursuant to 5 U.S.C. 3109, to serve as notice to announce that it is renewing special government employee members. SUPPLEMENTARY INFORMATION: This the charter for the Advisory Committee Committee members who are full-time 36(b)(1) arms sales notification is on Arlington National Cemetery (‘‘the or permanent part-time Federal civilian published to fulfill the requirements of Committee’’). officers, employees, or active duty section 155 of Public Law 104–164 members of the Armed Forces will be dated July 21, 1996. The following is a FOR FURTHER INFORMATION CONTACT: Jim appointed pursuant to 41 CFR. 102– Freeman, Advisory Committee copy of a letter to the Speaker of the 3.130(a), to serve as regular government House of Representatives, Transmittal Management Officer for the Department employee members. of Defense, 703–692–5952. 20–16 with attached Policy Justification All members of the Committee are and Sensitivity of Technology. SUPPLEMENTARY INFORMATION: The appointed to provide advice on the basis Committee’s charter is being renewed in of their best judgment without Dated: July 10, 2020. accordance with the Federal Advisory representing any particular point of Aaron T. Siegel, Committee Act (FACA) (5 U.S.C., view and in a manner that is free from Alternate OSD Federal Register Liaison Appendix) and 41 CFR 102–3.50(a). The conflict of interest. Except for Officer, Department of Defense. charter and contact information for the reimbursement of official Committee- BILLING CODE 5001–06–P

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43554 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

BILLING CODE 5001–06–C Thirty-five (35) Remanufactured and logistics support services, and other Transmittal No. 20-16 (Upgrades): Patriot Modification Kit, related elements of logistics support. Missile Launchers A902+ Series to (iv) Military Department: Army (KU- Notice of Proposed Issuance of Letter of A903 Series Offer Pursuant to Section 36(b)(1) of the B-UXI) Twenty-six (26) PAC-3 Missile Round Arms Export Control Act, as Amended (v) Prior Related Cases, if any: KU-B- Trainer (MRT) (i) Prospective Purchaser: Government UJO; KU-B-UKE; KU-B-UKI; KU-B-ULP; Twenty-six (26) Empty Round Trainer KU-B-ULL; KU-B-ULV; KU-B-UMG; KU- of Kuwait (ERT) (ii) Total Estimated Value: B-UMI; KU-B-UME Major Defense Equipment * .. $700 million Non-MDE: (vi) Sales Commission, Fee, etc., Paid, Other ...... $100 million Also included is one (1) Flight Test Offered, or Agreed to be Paid: None Target—Zombie, PAC-3 missile spares Total ...... $800 million (vii) Sensitivity of Technology held in Continental United States Contained in the Defense Article or (iii) Description and Quantity or (CONUS) for repair and return, two (2) Defense Services Proposed to be Sold: Quantities of Articles or Services under PAC-3 telemetry kits, training devices, See Attached Annex Consideration for Purchase: simulators, transportation, Major Defense Equipment (MDE): organizational equipment, spare and (viii) Date Report Delivered to Eighty-four (84) Patriot Advanced repair parts, support equipment, tools Congress: May 28, 2020 Capability (PAC-3) Missile Segment and test equipment, technical data and * As defined in Section 47(6) of the Enhancements (MSEs) with Canisters publications, personnel training and Arms Export Control Act. Two (2) Patriot MSE Test Missiles 2- training equipment, U.S. government Pack per Unit of Issue and contractor engineering, technical,

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN17JY20.000 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43555

POLICY JUSTIFICATION The proposed sale of this equipment 2. If a technologically advanced and support will not alter the basic adversary were to obtain knowledge of Kuwait—Patriot Advanced Capability military balance in the region. the specific hardware and software (PAC-3) Missile Segment Enhancements elements, the information could be used (MSEs) with Canisters The principal contractor involved in this program is Lockheed Martin to develop countermeasures which The Government of Kuwait has Corporation (Grand Prairie), Dallas, TX. might reduce weapon system requested to buy eighty-four (84) Patriot There are no known offset agreements effectiveness or be used in the Advanced Capability (PAC-3) Missile proposed in connection with this development of a system with similar or Segment Enhancements (MSEs) with potential sale. advanced capabilities. 3. A determination has been made canisters; two (2) Patriot MSE test Implementation of this proposed sale that Kuwait can provide substantially missiles 2-Pack per unit of issue; thirty- will require the assignment of two U.S. the same degree of protection of this five (35) remanufactured (upgrades): Government and three contractor technology as the U.S. Government. Patriot modification kit, missile representatives to Kuwait to support This proposed sale is necessary in launchers A902+ Series to A903 Series; delivery of the Patriot PAC-3 MSEs with furtherance of U.S. foreign policy and twenty-six (26) PAC-3 Missile Round Canisters and provide support and national security objectives outlined in Trainer (MRT); and twenty-six (26) equipment familiarization. the Policy Justification. Empty Round Trainer (ERT). Also There will be no adverse impact on included is one (1) Flight Test Target— 4. All defense articles and services U.S. defense readiness as a result of this listed in this transmittal are authorized Zombie, PAC-3 missile spares held in proposed sale. Continental United States (CONUS) for for release and export to the repair and return, two (2) PAC-3 Transmittal No. 20-16 Government of Kuwait. telemetry kits, training devices, Notice of Proposed Issuance of Letter of [FR Doc. 2020–15496 Filed 7–16–20; 8:45 am] simulators, transportation, Offer Pursuant to Section 36(b)(1) of the BILLING CODE 5001–06–P organizational equipment, spare and Arms Export Control Act repair parts, support equipment, tools and test equipment, technical data and Annex DEPARTMENT OF DEFENSE publications, personnel training and Item No. vii Office of the Secretary training equipment, U.S. government (vii) Sensitivity of Technology: and contractor engineering, technical, [Transmittal No. 20–20] and logistics support services, and other 1. The Patriot Advanced Capability related elements of logistics support. (PAC-3) Missile Segment Enhancements Arms Sales Notification The total estimated program cost is $800 (MSEs) is a small, highly agile, kinetic million. kill interceptor for defense against AGENCY: Defense Security Cooperation tactical ballistic missiles, cruise missiles Agency, Department of Defense. The proposed sale will support the and air-breathing threats. The MSE foreign policy and national security of ACTION: Arms sales notice. variant of the PAC-3 missile represents the United States by helping to improve the next generation in hit-to-kill SUMMARY: The Department of Defense is the security of a Major Non-NATO Ally interceptors and provided expanded publishing the unclassified text of an that is an important force for political battlespace against evolving threats. The arms sales notification. stability and economic progress in the PAC-3 MSE improves upon the original Middle East. FOR FURTHER INFORMATION CONTACT: PAC-3 capability with a higher Karma Job at [email protected] Patriot PAC-3 MSEs will supplement performance solid rocket motor, or (703) 697–8976. and improve Kuwait’s capability to meet modified lethality enhancer, more SUPPLEMENTARY INFORMATION: This current and future threats and provide responsible control surfaces, upgraded 36(b)(1) arms sales notification is greater security for its critical oil and guidance software and insensitive published to fulfill the requirements of natural gas infrastructure. Kuwait will munitions improvements. The PAC-3 section 155 of Public Law 104–164 use the enhanced capability to MSE’s sensitive/critical technology is dated July 21, 1996. The following is a strengthen its homeland air defense by primarily in the areas of design and copy of a letter to the Speaker of the better meeting current and future air production know-how and House of Representatives, Transmittal threats. The acquisition of these missiles manufacturing data and processes. 20–20 with attached Policy Justification. will allow for integration with U.S. Information on limitations of the PAC- forces for training exercises, which 3 MSE, including survivability and Dated: July 10, 2020. contributes to regional security and vulnerability data, is classified. Aaron T. Siegel, interoperability. Kuwait will have no Classified information could be revealed Alternate OSD Federal Register Liaison difficulty absorbing this equipment and through reverse engineering or testing Officer, Department of Defense. services into its armed forces. the PAC-3 MSE interceptor. BILLING CODE 5001–06–P

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43556 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

BILLING CODE 5001–06–C equipment, repair parts, support POLICY JUSTIFICATION Transmittal No. 20-20 equipment, tools and test equipment, Kuwait—Patriot Missile Repair and technical data and publications, Return Notice of Proposed Issuance of Letter of personnel training and training Offer Pursuant to Section 36(b)(1) of the equipment, maintenance services, U.S. The Government of Kuwait has Arms Export Control Act, as Amended government and contractor engineering, requested to buy a Patriot missile Repair (i) Prospective Purchaser: Government technical, and logistics support services, and Return program as follow-on of Kuwait and other related elements of logistical support to FMS case KU-B-ULS. (ii) Total Estimated Value: and program support. Included are Patriot GEM–T missile and Major Defense Equipment * .. $ 0 million (iv) Military Department: Army (KU- missile components repair services, Other ...... $200 million B-UXS) transportation, organizational (v) Prior Related Cases, if any: KU-B- equipment, repair parts, support Total ...... $200 million ULS, KU-B-UMI, KU-B-ZUM equipment, tools and test equipment, technical data and publications, (iii) Description and Quantity or (vi) Sales Commission, Fee, etc., Paid, personnel training and training Quantities of Articles or Services under Offered, or Agreed to be Paid: None Consideration for Purchase: The equipment, maintenance services, U.S. (vii) Sensitivity of Technology government and contractor engineering, Government of Kuwait has requested to Contained in the Defense Article or buy a Patriot missile Repair and Return technical, and logistics support services, Defense Services Proposed to be Sold: and other related elements of logistics program as follow-on support. None Major Defense Equipment (MDE): support. The total estimated program None (viii) Date Report Delivered to cost is $200 million. Non-MDE: Included are Patriot GEM- Congress: May 28, 2020 The proposed sale will support the T missile and missile components repair * As defined in Section 47(6) of the foreign policy and national security of services, transportation, organizational Arms Export Control Act. the United States by helping to improve

VerDate Sep<11>2014 19:23 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN17JY20.003 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43557

the security of a Major Non-NATO Ally AL. There are no known offsets ACTION: Arms sales notice. that is an important force for political agreements proposed in connection stability and economic progress in the with this potential sale. SUMMARY: The Department of Defense is Middle East. Implementation of this proposed sale publishing the unclassified text of an The proposed sale of the Repair and will require the temporary assignment arms sales notification. of five (5) U.S. contractors to provide Return program for the Kuwait Patriot FOR FURTHER INFORMATION CONTACT: System will supplement and improve handling and documentation support for one (1) to two (2) years. Karma Job at [email protected] Kuwait’s capability to meet current and or (703) 697–8976. future threats and provide greater There will be no adverse impact on security for its critical oil and natural U.S. defense readiness as a result of this SUPPLEMENTARY INFORMATION: This gas infrastructure. Kuwait will use the proposed sale. 36(b)(1) arms sales notification is enhanced capability to strengthen its [FR Doc. 2020–15507 Filed 7–16–20; 8:45 am] published to fulfill the requirements of homeland defense. Kuwait will have no BILLING CODE 5001–06–P section 155 of Public Law 104–164 difficulty absorbing this equipment and dated July 21, 1996. The following is a services into its armed forces. copy of a letter to the Speaker of the DEPARTMENT OF DEFENSE The proposed sale of this equipment House of Representatives, Transmittal 20–07 with attached Policy Justification and support will not alter the basic Office of the Secretary military balance in the region. and Sensitivity of Technology. The principal contractors involved [Transmittal No. 20–07] Dated: July 10, 2020. Aaron T. Siegel, with this potential sale are Raytheon Arms Sales Notification Company, Huntsville, AL; Lockheed Alternate OSD Federal Register Liaison Martin, Huntsville, AL; LEIDOS, Inc., AGENCY: Defense Security Cooperation Officer, Department of Defense. Huntsville, AL; and KBR, Huntsville, Agency, Department of Defense. BILLING CODE 5001–06–P

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43558 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

BILLING CODE 5001–06–C shipping containers, operator manuals, POLICY JUSTIFICATION Transmittal No. 20-07 technical documentation, training, U.S. Taipei Economic and Cultural Government and contractor engineering, Notice of Proposed Issuance of Letter of Representative Office in the United technical and logistics support services; Offer Pursuant to Section 36(b)(1) of the States (TECRO)—MK 48 Mod 6 Arms Export Control Act, as amended and other related elements of logistics Advanced Technology (AT) Heavy support. Weight Torpedo (HWT) (i) Prospective Purchaser: Taipei (iv) Military Department: Navy (TW-P- Economic and Cultural Representative TECRO has requested to buy eighteen Office in the United States (TECRO) ALM) (18) MK-48 Mod6 Advanced (ii) Total Estimated Value: (v) Prior Related Cases, if any: TW-P- Technology (AT) Heavy Weight Major Defense Equipment * .. $100 million LHV Torpedoes (HWT). Also included are Other ...... $ 80 million (vi) Sales Commission, Fee, etc., Paid, spare parts, support and test equipment, Offered, or Agreed to be Paid: None shipping and shipping containers, Total ...... $180 million operator manuals, technical (vii) Sensitivity of Technology (iii) Description and Quantity or documentation, training, U.S. Contained in the Defense Article or Quantities of Articles or Services under Government and contractor engineering, Defense Services Proposed to be Sold: Consideration for Purchase: technical and logistics support services; See Attached Annex Major Defense Equipment (MDE): and other related elements of logistics Eighteen (18) MK-48 Mod 6 Advanced (viii) Date Report Delivered to support. The total estimated program Technology Heavy Weight Torpedoes Congress: May 20, 2020 cost is $180 million. Non-MDE: * As defined in Section 47(6) of the This proposed sale is consistent with Also included are spare parts, support Arms Export Control Act. U.S. law and policy as expressed in and test equipment, shipping and Public Law 96–8.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN17JY20.004 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43559

This proposed sale serves U.S. exported is SECRET. The MK 48 Mod 6 Record (DD FORM 2606) & Application national, economic, and security AT HWT meets Anti-Tampering for Department of Defense Child Care interests by supporting the recipient’s requirements. Fees (DD FORM 2652); OMB Control continuing efforts to modernize its 2. If a technologically advanced Number 0704–0515. armed forces and to maintain a credible adversary were to obtain knowledge of Type of Request: Renewal with a defensive capability. The proposed sale the hardware and software elements, the change in collection. will help improve the security of the information could be used to develop Number of Respondents: recipient and assist in maintaining countermeasures or equivalent systems, DD 2606: 12,500. political stability, military balance, and which might reduce system DD 2652: 50,000. economic progress in the region. effectiveness or be used in the Total Number of Respondents: 62,500. The proposed sale will improve the development of a system with similar or Responses per Respondent: recipient’s capability in current and advanced capabilities. DD 2606: 1. future defensive efforts. The recipient 3. A determination has been made DD 2652: 1. will use the enhanced capability as a that the recipient can provide Annual Responses: deterrent to regional threats and to substantially the same degree of DD 2606: 12,500. strengthen homeland defense. The protection for the sensitive technology DD 2652: 50,000. recipient will have no difficulty being released as the U.S. Government. Total Annual Responses: 62,500. absorbing this equipment into its armed This sale is necessary in furtherance of Average Burden per Response: forces. the U.S. foreign policy and national DD 2606: 5 minutes. The proposed sale of this equipment security objectives outlined in the DD 2652: 5 minutes. and support will not alter the basic Policy Justification. Annual Burden Hours: military balance in the region. 4. All defense articles and services DD 2606: 1,042 hours. There are no prime contractors listed in this transmittal have been associated with this case as all materials DD 2656: 4,167 hours. authorized for release and export to the Total Annual Burden Hours: 5,209 will be procured from U.S. Navy stocks. recipient. There are no known offset agreements hours. proposed in connection with this [FR Doc. 2020–15497 Filed 7–16–20; 8:45 am] Needs and Uses: The DoD requires the potential sale. BILLING CODE 5001–06–P information in the proposed collection Implementation of this proposed sale for program planning and management is estimated to require assignment of a purposes. This rule includes two DEPARTMENT OF DEFENSE number of U.S. Government and collection instruments to include DD Form 2606, ‘‘Department of Defense contractor representatives to the Office of the Secretary recipient or travel there intermittently Child Development Program Request for during the program. [Docket ID: DOD–2020–OS–0046] Care Record’’ and DD Form 2652 There will be no adverse impact on ‘‘Application for Department of Defense U.S. defense readiness as a result of this Submission for OMB Review; Child Care Fees.’’ DoD is seeking proposed sale. Comment Request clearance of DD Form 2606 and DD Form 2652 with this submission. AGENCY: Office of the Under Secretary of Transmittal No. 20–07 Affected Public: Individuals or Defense for Personnel & Readiness, households. Notice of Proposed Issuance of Letter of Department of Defense (DoD). Offer Pursuant to Section 36(b)(1) of the Frequency: On occasion. ACTION: 30-Day information collection Arms Export Control Act Respondent’s Obligation: Voluntary. notice. OMB Desk Officer: Ms. Jasmeet Annex SUMMARY: The DoD has submitted to Seehra. Item No. vii OMB for clearance the following You may also submit comments and (vii) Sensitivity of Technology: proposal for collection of information recommendations, identified by Docket 1. The MK 48 Mod 6 Advanced under the provisions of the Paperwork ID number and title, by the following Technology (AT) Heavy Weight Torpedo Reduction Act. method: (HWT) is designed for optimum • Federal eRulemaking Portal: http:// DATES: Consideration will be given to all www.regulations.gov. Follow the effectiveness against all targets, in both comments received by August 17, 2020. littoral and deep-water environments. instructions for submitting comments. ADDRESSES: The MK 48 Mod 6 AT HWT features Written comments and Instructions: All submissions received advanced sonar, combined with an recommendations for the proposed must include the agency name, Docket advanced digital signal processor for information collection should be sent ID number, and title for this Federal improved target detection. This sale within 30 days of publication of this Register document. The general policy furnishes the MK 48 Mod 6 Advanced notice to www.reginfo.gov/public/do/ for comments and other submissions Technology (AT) version of the system. PRAMain. Find this particular from members of the public is to make There is no Critical Program information collection by selecting these submissions available for public Information associated with the MK 48 ‘‘Currently under 30-day Review—Open viewing on the internet at http:// Mod 6AT HWT hardware, technical for Public Comments’’ or by using the www.regulations.gov as they are documentation or software. The highest search function. received without change, including any classification of the hardware to be FOR FURTHER INFORMATION CONTACT: personal identifiers or contact exported is SECRET. The highest Angela James, 571–372–7574, or information. classification of the technical manual whs.mc-alex.esd.mbx.dd-dod- DOD Clearance Officer: Ms. Angela that will be exported is [email protected]. James. CONFIDENTIAL. The technical manual SUPPLEMENTARY INFORMATION: Requests for copies of the information is required for operation of the MK 48 Title; Associated Form; and OMB collection proposal should be sent to Mod 6 AT HWT. The highest Number: Department of Defense Child Ms. James at whs.mc-alex.esd.mbx.dd- classification of the software to be Development Program Request for Care [email protected].

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43560 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

Dated: July 13, 2020. ACTION: Arms sales notice. 19–73 with attached Policy Justification Aaron T. Siegel, and Sensitivity of Technology. Alternate OSD Federal Register Liaison SUMMARY: The Department of Defense is Dated: July 10, 2020. Officer, Department of Defense. publishing the unclassified text of an Aaron T. Siegel, [FR Doc. 2020–15529 Filed 7–16–20; 8:45 am] arms sales notification. BILLING CODE 5001–06–P Alternate OSD Federal Register Liaison FOR FURTHER INFORMATION CONTACT: Officer, Department of Defense. Karma Job at [email protected] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE or (703) 697–8976. Office of the Secretary SUPPLEMENTARY INFORMATION: This 36(b)(1) arms sales notification is [Transmittal No. 19–73] published to fulfill the requirements of section 155 of Public Law 104–164 Arms Sales Notification dated July 21, 1996. The following is a AGENCY: Defense Security Cooperation copy of a letter to the Speaker of the Agency, Department of Defense. House of Representatives, Transmittal

BILLING CODE 5001–06–C Transmittal No. 19–73 (ii) Total Estimated Value: Notice of Proposed Issuance of Letter of Major Defense Equipment * .. $190 million Offer Pursuant to Section 36(b)(1) of the Other ...... $ 40 million Arms Export Control Act, as Amended Total ...... $230 million (i) Prospective Purchaser: Government of Hungary

VerDate Sep<11>2014 19:23 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN17JY20.007 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43561

(iii) Description and Quantity or elements of logistical and program 120 Captive Air Training Missiles Quantities of Articles or Services under support. The total estimated cost is $230 (CATM) are nonfunctioning, inert Consideration for Purchase: million. missile rounds used for armament load Major Defense Equipment (MDE): This proposed sale will support the training, which simulate the correct size Sixty (60) AIM-120C-7/C-8 Advanced foreign policy and national security of and weight of live missiles. Medium Range Air-to-Air Missiles the United States by improving the 2. If a technologically advanced Extended Range (AMRAAM-ER) security of a NATO ally. This sale is adversary were to obtain knowledge of Two (2) AIM-120C-7/C-8 AMRAAM–ER consistent with U.S. initiatives to the specific hardware and software Guidance Sections provide key allies in the region with elements, the information could be used Non-MDE: modern systems that will enhance to develop countermeasures or Also included are four (4) AMRAAM– interoperability with U.S forces and equivalent systems which might reduce ER training missiles (CATM–120C); increase security. weapon system effectiveness or be used missile containers; spare and repair This proposed sale improves in the development of a system with Hungary’s defense capability to deter parts; cryptographic and similar or advanced capabilities. regional threats and strengthen its communication security devices; 3. This sale is necessary in homeland defense. The sale is in precision navigation equipment; furtherance of the U.S. foreign policy support of Hungary’s acquisition of the software, site surveys; weapons system and national security objectives National Advanced Surface to Air equipment and computer software outlined in the enclosed Policy Missile System (NASAMS) air defense support; publications and technical Justification. A determination has been system and would provide a full range documentation; common munitions and made that Hungary can provide the of protection from imminent hostile test equipment; repair and return same degree of protection for the cruise missiles, unmanned aerial services and equipment; personnel sensitive technology being released as vehicles, rotary wing and fixed wing training and training equipment; the U.S. Government. threats. This sale will contribute to integration support and test equipment; 4. All defense articles and services Hungary’s interoperability with the and U.S. Government and contractor, listed in this transmittal have been United States and other allies. Hungary engineering, technical and logistics authorized for release and export to should not have any difficulties support services; and other related Hungary. absorbing this equipment into its armed elements of logistical and program [FR Doc. 2020–15508 Filed 7–16–20; 8:45 am] forces. support. The proposed sale of this equipment BILLING CODE 5001–06–P (iv) Military Department: Air Force and support does not alter the basic (HU-D-YAE) military balance in the region. DEPARTMENT OF DEFENSE (v) Prior Related Cases, if any: None The prime contractor and integrator (vi) Sales Commission, Fee, etc., Paid, will be Raytheon Missile Systems, Office of the Secretary Offered, or Agreed to be Paid: None Tucson, AZ. There are no known offset (vii) Sensitivity of Technology agreements proposed in connection Charter Renewal of Department of Contained in the Defense Article or with this potential sale. Defense Federal Advisory Committees Defense Services Proposed to be Sold: Implementation of this proposed sale See Attached Annex will not require the assignment of AGENCY: Department of Defense (DoD). (viii) Date Report Delivered to additional U.S. Government and ACTION: Renewal of Federal Advisory Congress: May 8, 2020 contractor representatives to Hungary. Committee. * As defined in Section 47(6) of the There will be no adverse impact on Arms Export Control Act. U.S. defense readiness as a result of this SUMMARY: The DoD is publishing this notice to announce that it is renewing POLICY JUSTIFICATION proposed sale. the charter for the Army Education Hungary—Advanced Medium Range Transmittal No. 19-73 Advisory Committee (‘‘the Committee’’). Air-to-Air Missiles Extended Range Notice of Proposed Issuance of Letter of FOR FURTHER INFORMATION CONTACT: Jim (AMRAAM–ER) Offer Pursuant to Section 36(b)(1) of the Freeman, Advisory Committee The Government of Hungary has Arms Export Control Act Management Officer for the Department of Defense, 703–692–5952. requested to buy sixty (60) AIM–120C– Annex 7/C–8 AMRAAMER missiles, and two SUPPLEMENTARY INFORMATION: The (2) spare AIM-120C-7/C-8 AMRAAM-ER Item No. vii Committee’s charter is being renewed in guidance sections. Also included are (vii) Sensitivity of Technology: accordance with the Federal Advisory four (4) AMRAAM-ER training missiles 1. AIM-120 Advanced Medium Range Committee Act (FACA) (5 U.S.C., (CATM-120C); missile containers; spare Air-to-Air Missile Extended Range Appendix) and 41 CFR 102–3.50(d). The and repair parts; cryptographic and (AMRAAM-ER) is a medium range charter and contact information for the communication security devices; ground based air defense missile Committee’s Designated Federal Officer precision navigation equipment; capable in all-weather against multiple (DFO) are found at https:// software, site surveys; weapons system targets in a sophisticated electronic www.facadatabase.gov/FACA/apex/ equipment and computer software attack environment. AMRAAM-ER FACAPublicAgencyNavigation. support; publications and technical utilizes an active C-7 or C-8 seeker and The Committee provides independent documentation; common munitions and warhead joined with a new control advice and recommendations on U.S. test equipment; repair and return section and rocket motor. This provides Army educational matters. The services and equipment; personnel extended range and altitude, higher Committee will focus on matters training and training equipment; speed and maneuverability, and has pertaining to the educational doctrinal, integration support and test equipment; been extensively tested and proven. The and research policies and activities of and U.S. Government and contractor, AIM-120C-8 is a form, fit, function the U.S. Army’s educational programs, engineering, technical and logistics refresh of the AIM-120C-7 and is the to include the U.S. Army’s joint support services; and other related next generation to be produced. AIM- professional military education

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43562 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

programs. The Committee will assess duty members of the Armed Forces will DEPARTMENT OF DEFENSE and provide independent advice and be appointed as experts or consultants, recommendations across the spectrum pursuant to 5 U.S.C. 3109, to serve as Office of the Secretary of educational policies, school special government employee members. curricula, educational philosophy and Committee members who are full-time [Transmittal No. 20-42] objectives, program effectiveness, or permanent part-time Federal civilian facilities, staff and faculty, instructional officers, employees, or active duty Arms Sales Notification methods, and other aspects of the members of the Armed Forces will be organization and management of these appointed pursuant to 41 CFR 102– AGENCY: Defense Security Cooperation programs. The Committee will also 3.130(a), to serve as regular government Agency, Department of Defense. provide independent advice and employee members. recommendations on matters pertaining All members of the Committee are ACTION: Arms sales notice. to the Army Historical Program and the appointed to provide advice on the basis role and mission of the U.S. Army of their best judgment without SUMMARY: The Department of Defense is Center of Military History, particularly representing any particular point of publishing the unclassified text of an as they pertain to the study and use of view and in a manner that is free from arms sales notification. military history in Army schools. The conflict of interest. Except for Committee shall be composed of no reimbursement of official Committee- FOR FURTHER INFORMATION CONTACT: more than 15 members. The related travel and per diem, members Karma Job at [email protected] membership will include: (a) Not more serve without compensation. or (703) 697–8976. than 11 individuals who are eminent The public or interested organizations SUPPLEMENTARY INFORMATION: This authorities in the fields of defense, may submit written statements to the 36(b)(1) arms sales notification is management, leadership, and academia, Committee membership about the published to fulfill the requirements of including those who are deemed to be Committee’s mission and functions. section 155 of Public Law 104–164 historical scholars; (b) the Chief Written statements may be submitted at dated July 21, 1996. The following is a Historian of the Army, U.S. Army, any time or in response to the stated copy of a letter to the Speaker of the Center of Military History; and (c) the agenda of planned meeting of the Chairs of the United States Army War Committee. All written statements shall House of Representatives, Transmittal College Board of Visitors Subcommittee, be submitted to the DFO for the 20–42 with attached Policy Justification Command and General Staff College Committee, and this individual will and Sensitivity of Technology. Board of Visitors Subcommittee, and ensure that the written statements are Dated: July 13, 2020. Defense Language Institute Foreign provided to the membership for their Aaron T. Siegel, Language Board of Visitors consideration. Subcommittee, who are eminent Alternate OSD Federal Register Liaison authorities in the fields of defense, Dated: July 13, 2020. Officer, Department of Defense. management, leadership, and academia Aaron T. Siegel, BILLING CODE 5001–06–P will serve as members of the Committee. Alternate OSD Federal Register Liaison Committee members who are not full- Officer, Department of Defense. time or permanent part-time Federal [FR Doc. 2020–15537 Filed 7–16–20; 8:45 am] civilian officers, employees, or active BILLING CODE 5001–06–P

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43563

BILLING CODE 5001–06–C Ten (10) Sidewinder AIM-9X Block II and install Automated Ground Collision Transmittal No. 20–42 Special Air Training Missiles Avoidance System (Auto GCAS); thirty (NATMs) (30) Bomb Release Unit (BRU)—42 Notice of Proposed Issuance of Letter of Ten (10) Sidewinder AIM-9X Block II Triple Ejector Racks (TER); thirty (30) Offer Pursuant to Section 36(b)(1) of the Tactical Guidance Units Improved Tactical Air Launched Decoy Arms Export Control Act, as amended Ten (10) Sidewinder AIM-9X Block II (ITALD); one hundred four (104) Data CATM Guidance Units (i) Prospective Purchaser: Government Transfer Device/Data Transfer Units Thirty-eight (38) APG-79(V)4 Active of Canada (DTD/DTU); twelve (12) Joint Mission Electronically Scanned Array (AESA) Planning System (JMPS); one hundred (ii) Total Estimated Value: Radar twelve (112) AN/ARC-210 RT-2036 (Gen Major Defense Equip- Thirty-eight (38) APG-79(V)4 AESA 6) radios and F/A-18 integration ment * ...... $204.50 million Radar A1 Kits equipment; support equipment; tools Other ...... $657.80 million Twenty (20) Joint Standoff Weapon and test equipment; technical data and (JSOW) C, AGM-154C publications; U.S. Government and Total ...... $862.30 million Forty-six (46) F/A-18A Wide Band contractor engineering, technical, and RADOMEs (iii) Description Quantity or logistics support services; and other Quantities of Articles or Services under Non-MDE: related elements of logistical and Consideration for Purchase: Also included are additional technical program support. Major Defense Equipment (MDE): and logistics support for the AESA (iv) Military Department: Navy (CN-P- radar; upgrades to the Advanced LKZ, CN-P-LKW, CN-P-LLE, CN-P-LLA, Fifty (50) Sidewinder AIM-9X Block II Distributed Combat Training System CN-P-LKY, CN-P-LKX, CN-P-LDD, etc.) Tactical Missiles (ADCTS) to ensure flight trainers remain (v) Prior Related Cases, if any: CN-P- Fifty (50) Sidewinder AIM-9X Block II current with the new technologies; FFE; CN-P-FEL; CN-P-LKS; CN-P-LKT Captive Air Training Missiles software development to integrate the (vi) Sales Commission, Fee, etc., Paid, (CATMs) systems listed into the F/A-18A airframe Offered, or Agreed to be Paid: None

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN17JY20.008 43564 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

(vii) Sensitivity of Technology continue meeting NORAD and NATO improvement (P3I) program in order to Contained in the Defense Article or commitments while it gradually improve its counter-countermeasure Defense Services Proposed to be Sold: introduces new advanced aircraft via capabilities. No software source code or See Attached Annex the Future Fighter Capability Program algorithms will be released. The missile (viii) Date Report Delivered to between 2025 and 2035. is classified as CONFIDENTIAL. The Congress: June 15, 2020 The proposed sale of the capabilities, AIM-9X will result in the transfer of * As defined in Section 47(6) of the as listed, will improve Canada’s sensitive technology and information. Arms Export Control Act. capability to meet current and future The equipment, hardware, and warfare threats and provide greater documentation are classified POLICY JUSTIFICATION security for its critical infrastructure. CONFIDENTIAL. The software and Canada—Hornet Extension Program This sale will provide Canada the ability operational performance are classified Related FMS Acquisitions to maximize the systems’ employment SECRET. The seeker/guidance control The Government of Canada has and sustainment, significantly section and the target detector are requested to buy fifty (50) Sidewinder enhancing the warfighting capability of CONFIDENTIAL and contain sensitive AIM-9X Block II Tactical missiles; fifty the Royal Canadian Air Force’s F/A-18 state-of-the-art technology. Manuals and (50) Sidewinder AIM-9X Block II aircraft. Canada will have no difficulty technical documentation that are absorbing this equipment into its armed Captive Air Training Missiles (CATMs); necessary or support operational use forces. ten (10) Sidewinder AIM-9X Block II and organizational management are The proposed sale of this equipment classified up to SECRET. Performance Special Air Training Missiles (NATMs); and support will not alter the basic ten (10) Sidewinder AIM-9X Block II and operating logic of the counter- military balance in the region. countermeasures circuits are classified Tactical Guidance Units; ten (10) The prime contractors will be Sidewinder AIM-9X Block II CATM SECRET. The hardware, software, and Raytheon Corporation, El Segundo, CA; data identified are classified to protect Guidance Units; thirty-eight (38) APG- General Dynamics Mission Systems, vulnerabilities, design and performance 79(V)4 Active Electronically Scanned Marion, VA; The Boeing Company, St. parameters and similar critical Array (AESA) radar units; thirty-eight Louis, MO; and Collins Aerospace, information. (38) APG-79(V)4 AESA Radar A1 kits; Cedar Rapids, IA. The purchaser b. The AN/APG-79 Active twenty (20) Joint Standoff Weapon typically requests offsets. Any offset Electronically Scanned Array (AESA) (JSOW) C, AGM-154C; forty-six (46) F/ agreement will be defined in Radar System is classified SECRET. The A-18A Wide Band RADOMEs. Also negotiations between the purchaser and radar provides the F/A-18A Hornet included are additional technical and the contractor(s). aircraft with all-weather, multi-mission logistics support for the AESA radar; Implementation of this proposed sale capability for performing Air-to-Air and upgrades to the Advanced Distributed will require the assignment of contractor Air-to-Ground targeting and attack. Air- Combat Training System (ADCTS) to representatives to Canada on an to-Air modes provide the capability for ensure flight trainers remain current intermittent basis over the life of the all-aspect target detection, long-range with the new technologies; software case to support delivery and integration search and track, automatic target development to integrate the systems of items onto the existing F/A-18A acquisition, and tracking of multiple listed into the F/A-18A airframe and aircraft and to provide supply support targets. Air-to-Surface attack modes install Automated Ground Collision management, inventory control and provide high-resolution ground Avoidance System (Auto GCAS); thirty equipment familiarization. mapping navigation, weapon delivery, (30) Bomb Release Unit (BRU)—42 There will be no adverse impact on and sensor cueing. The system Triple Ejector Racks (TER); thirty (30) U.S. defense readiness as a result of this component hardware (Antenna, Improved Tactical Air Launched Decoy proposed sale. Transmitter, Radar Data Processor, and (ITALD); one hundred four (104) Data Transmittal No. 20–42 Power Supply) is UNCLASSIFIED. The Transfer Device/Data Transfer Units Receiver-Exciter hardware is (DTD/DTU); twelve (12) Joint Mission Notice of Proposed Issuance of Letter of CONFIDENTIAL. The radar Operational Planning System (JMPS); one hundred Offer Pursuant to Section 36(b)(1) of the Flight Program (OFP) is classified twelve (112) AN/ARC-210 RT-2036 (Gen Arms Export Control Act SECRET. Documentation provided with 6) radios and F/A-18 integration Annex the AN/APG-79 radar set is classified equipment; support equipment; tools SECRET. and test equipment; technical data and Item No. vii c. The AGM-154 Joint Standoff publications; U.S. Government and (vii) Sensitivity of Technology: Weapon (JSOW) is used by Navy, contractor engineering, technical, and 1. The following are included in this Marine Corps, and Air Force, and allows logistics support services; and other sale: aircraft to attack well-defended targets related elements of logistical and a. The AIM-9X Block II and Block II+ in day, night, and adverse weather program support. The total estimated (Plus) SIDEWINDER Missile represents conditions. AGM-154C carries a program cost is $862.3 million. a substantial increase in missile BROACH warhead. The BROACH This proposed sale will support the acquisition and kinematics performance warhead incorporates an advanced foreign policy and national security over the AIM-9M and replaces the AIM- multi-stage warhead. JSOW-C uses the objectives of the United States by 9X Block I Missile configuration. The GPS Precise Positioning System (PPS), helping to improve the military missile includes a high off-boresight which provides for a more accurate capability of Canada, a NATO ally that seeker, enhanced countermeasure capability than the commercial version is an important force for ensuring rejection capability, low drag/high angle of GPS. The JSOW-C incorporates political stability and economic progress of attack airframe and the ability to components, software, and technical and a contributor to military, integrate the Helmet Mounted Cueing design information that are considered peacekeeping and humanitarian System. The software algorithms are the sensitive. The following JSOW-C operations around the world. This sale most sensitive portion of the AIM-9X components being conveyed by the will provide Canada a 2-squadron missile. The software continues to be proposed sale that are considered bridge of enhanced F/A-18A aircraft to modified via a pre-planned product sensitive and are classified

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43565

CONFIDENTIAL include the GPS/INS, mutual software development, but the critical situational awareness IIR seeker, OFP software and missile end result will depend on U.S. information for increased mission operational characteristics and Government engineers to provide final effectiveness. Software that is performance data. These elements are check and approval of all software reprogrammable in the field via Memory essential to the ability of the JSOW-C profiles. This FMS case funds this effort. Loader/Verifier Software making missile to selectively engage hostile Additionally, the software effort will flexible use for multiple missions. The targets under a wide range of support Automatic Ground Collision AN/ARC-210 has embedded software operational, tactical, and environmental Avoidance System (A-GCAS). This with programmable cryptography for conditions. system is also referred to as Automatic secure communications. Relative to the d. The Wide Band RADOME (WBR) is Terrain Avoidance Warning System (A- 5th Generation AN/ARC-210 radios, the a high performance nose radome TAWS). This is flight control software 6th generation AN/ARC-210 RT-2036 designed for use with the Active that uses a terrain elevation database to adds, in addition to newer hardware, Electronically Scanned Array (AESA) calculate the aircraft’s relative position the Mobile User Objective System Radar. The WBR is required to leverage above the ground. If it senses that the (MUOS) capability. Access to the MUOS the full capability of the AESA Radar. aircraft is on a collision course with the satellite constellation can be effectively The Radome will provide superior RF ground that is outside of normal controlled by withholding the relevant performance over broader AESA Radar parameters, it automatically commands order wire keys from RT-2036 users. operational bands which will give the the aircraft to roll wings level and 2. If a technologically advanced user an advantage in operational recover away from a ground collision adversary were to obtain knowledge of scenarios. Specifically, the WBR will g. The ADM-141C Improved Tactical the specific hardware or software in this provide improved target detection with Air-Launched Decoy (ITALD) is proposed sale, the information could be less interference and reduce jamming unclassified. The ITALD vehicle is used to develop countermeasures which vulnerability. Purchasing the AESA intended to be delivered by sea- and might reduce weapon system without the WBR would significantly land-based tactical aircraft, to cause an effectiveness or be used in the reduce the capability of the AESA and increase in the number of apparent development of a system with similar or the user would gain very little targets to enemy defenses prior to or advance capabilities. advantage with the AESA. during air strikes. The ITALD system 3. A determination has been made e. The Upgrades to the Advanced consists of the flight vehicle, launch that the recipient country, the Distributed Combat Training System rack (Improved Triple Ejector Rack Government of Canada can provide (ADCTS), provides an aggressive (ITER)), Improved Decoy Tester/ substantially the same degree of program upgrade the warfighting Programmer (IDTP), Radio Frequency protection for the classified and capability of the F/A-18. The program Payload System Tester (PSST), and sensitive technology being released as will introduce new systems and shipping/storage container. The ITALD the United States Government. This sale weapons to the aircraft. In order to have is capable of functioning in the vehicle is necessary in furtherance if the United pilots ready to utilize the new test mode, mission programming mode States Foreign Policy and National technologies, it is imperative that the (using JMPS with ITALD UPC), GPS Security objectives outlined in the user’s Pilot Trainer (ADCTS) undergoes almanac uploading mode, captive Policy Justification. a parallel upgrade effort. The ADCTS is carriage mode, launch mode, jettison 4. All defense articles and services an integral part of the user’s Pilot mode, and free-flight mode. listed in this transmittal have been Training Syllabus and this procurement h. The Joint Mission Planning System authorized for release and export to the will address this requirement. It will (JMPS) is classified SECRET. JMPS will Government of Canada. provide pilots the ability to train with provide mission planning capability for the new systems that will be resident in support of military aviation operations. [FR Doc. 2020–15511 Filed 7–16–20; 8:45 am] the aircraft in a simulated environment. It will also provide support for unit- BILLING CODE 5001–06–P This procurement will provide pilots level mission planning for all phases of the ability to maximize use of the new military flight operations and have the capabilities that will eventually capability to provide necessary mission DEPARTMENT OF DEFENSE translate to the operational environment data for the aircrew. JMPS will support Office of the Secretary and make the users Air Force a the downloading of data to electronics significant contributor to international data transfer devices for transfer to [Transmittal No. 20–0G] coalition initiatives. aircraft and weapon systems. A JMPS f. Software Development. The for a specific aircraft type will consist of Arms Sales Notification challenge facing the user nation is that basic planning tools called the Joint AGENCY: Defense Security Cooperation in order to add all the new capabilities Mission Planning Environment (JMPE) and weapons to the platform there is a mated with a Unique Planning Agency, Department of Defense. parallel software effort required to Component (UPC) provided by the ACTION: Arms sales notice. ensure all the new capabilities have a aircraft program. In addition, UPCs will SUMMARY: The Department of Defense is software model that will support their be required for specific weapons, publishing the unclassified text of an integration and use. The success of the communication devices, and moving arms sales notification. aggressive procurement of the systems map displays. The JMPS will be tailored and capabilities for the program will be to the specific releasable configuration FOR FURTHER INFORMATION CONTACT: dependent on the ability to develop and for the F/A-18A, with maximum Karma Job at [email protected] test the requisite software. This is a commonality with the most advanced or (703) 697–8976. significant effort that will rely on Naval United States Marine Corps SUPPLEMENTARY INFORMATION: This Air Weapons Station China Lake to configuration of these aircraft. 36(b)(5)(C) arms sales notification is develop the required products. This will i. The AN/ARC-210 RT-2036 (Gen 6) published to fulfill the requirements of entail development of the product, lab Radio’s Line-of-sight data transfer rates section 155 of Public Law 104–164 testing and eventually flight testing of up to 80 kb/s in a 25 kHz channel dated July 21, 1996. The following is a the software loads. There will be some creating high-speed communication of copy of a letter to the Speaker of the

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43566 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

House of Representatives, Transmittal Dated: July 10, 2020. 20–0G with attached Policy Justification Aaron T. Siegel, and Sensitivity of Technology. Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001–06–P

BILLING CODE 5001–006–C Computing Infrastructure MARK 1 MOD five (5) shipsets LM04 Thru-Hull XBT Transmittal No. 20-0G 0, five (5) shipsets Operational Launcher and test canisters, one (1) Readiness Test Systems (ORTS), five (5) shipset MK 36 MOD 6 Decoy Launching REPORT OF ENHANCEMENT OR shipsets MK 99 MOD 14 Fire Control System, five (5) shipsets Link Level UPGRADE OF SENSITIVITY OF System, five (5) shipsets MK 41 Baseline COMSEC (LLC) 7M for LINK 22, five (5) TECHNOLOGY OR CAPABILITY (SEC. VII Vertical Launching Systems (VLS), shipsets Maintenance Assist Module 36(B)(5)(C), AECA) two (2) All-Up-Round MK 54 Mod 0 (MAM) cabinets, five (5) shipsets (i) Prospective Purchaser: Government lightweight torpedoes, twenty (20) SM- technical documentation, five (5) of Spain 2 Block IIIB missiles and MK 13 shipsets installation support material, (ii) Sec. 36(b)(1), AECA Transmittal canisters with AN/DKT-71 warhead special purpose test equipment, system No.: 18–19 compatible telemeter. Also included are engineering, technical services, on-site Date: June 26, 2018 one (1) S4 AWS computer program, five vendor assistance, spare parts, systems Implementing Agency: Navy (5) shipsets Ultra High Frequency (UHF) training, foreign liaison office and (iii) Description: On June 26, 2018 Satellite Communications (SATCOM), staging services necessary to support Congress was notified, by Congressional five (5) shipsets AN/SRQ-4 radio ship construction and delivery, spare certification transmittal number 18-19, terminal sets, five (5) shipsets ordnance and repair parts, tools and test of the possible sale, under Section handling equipment, five (5) shipsets equipment, support equipment, repair 36(b)(1) of the Arms Export Control Act, Selective Availability Anti-Spoofing and return support, personnel training to the Government of Spain of five (5) Modules (SAASM), five (5) shipsets and training equipment, publications AEGIS Weapons Systems (AWS) MK7, aviation handling and support and technical documentation, U.S. six (6) shipsets Digital Signal equipment, five (5) shipsets AN/SLQ- Government and contractor engineering Processing, five (5) shipsets AWS 24E Torpedo countermeasures systems, and logistics support services, and other

VerDate Sep<11>2014 19:23 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN17JY20.002 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43567

related elements of logistic and program new F-110 frigates with the AEGIS ACTION: Arms sales notice. support. The estimated total cost was Weapon System (AWS). $860.4 million. Major Defense (v) Justification: This proposed sale SUMMARY: The Department of Defense is Equipment (MDE) constituted $324.4 will support the foreign policy and publishing the unclassified text of an million of this total. national security of the United States by arms sales notification. improving the security of a NATO ally This transmittal reports inclusion of which is an important force for political FOR FURTHER INFORMATION CONTACT: an additional thirty (30) All-Up-Round stability and economic progress in Karma Job at [email protected] MK 54 Lightweight Torpedoes (MDE). Europe. It is vital to the U.S. national or (703) 697–8976. The following non-MDE items will also interest to assist Spain in developing be included: MK 54 LWT expendables; and maintaining a strong and ready self- SUPPLEMENTARY INFORMATION: This MK 54 turnaround kits; MK 54 defense capability. 36(b)(5)(C) arms sales notification is containers; one (1) MK-695 Torpedo (vi) Sensitivity of Technology: The published to fulfill the requirements of Systems Test Set (TSTS); Support Sensitivity of Technology Statement section 155 of Public Law 104–164 equipment including fire control contained in the original notification dated July 21, 1996. The following is a modification platforms and spare parts; applies to items reported here. copy of a letter to the Speaker of the torpedo spare parts; training; (vii) Date Report Delivered to House of Representatives, Transmittal publications; software; U.S. Government Congress: June 15, 2020 20–0F with attached Policy Justification and contractor engineering, technical, [FR Doc. 2020–15503 Filed 7–16–20; 8:45 am] and Sensitivity of Technology. and logistics support services and other BILLING CODE 5001–06–P Dated: July 10, 2020. related elements of logistics and Aaron T. Siegel, program support. The addition of these Alternate OSD Federal Register Liaison items will result in a net increase in DEPARTMENT OF DEFENSE Officer, Department of Defense. MDE cost of $45 million, resulting in a Office of the Secretary BILLING CODE 5001–06–P revised MDE cost of $369.4 million. The total estimated case value will increase [Transmittal No. 20–0F] to $940.4 million. Arms Sales Notification (iv) Significance: The proposed articles and services will support AGENCY: Defense Security Cooperation Spain’s capability to commission their Agency, Department of Defense.

VerDate Sep<11>2014 19:23 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43568 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

BILLING CODE 5001–06–C and 15 HMMWVs, Armor Ready 2-Man, contractor engineering and logistics Transmittal No. 20–0F M1151A1. Included: 54 each personnel services. (non-MDE). The M1084A1P2 HIMARS Resupply additional MDE items were valued at REPORT OF ENHANCEMENT OR Vehicles (RSVs), 54 M1095 MTV Cargo $24.42 million, resulting in a new MDE UPGRADE OF SENSITIVITY OF Trailer with RSV kit, and 10 each value of $924.42 million, and additional TECHNOLOGY OR CAPABILITY (SEC. M1089A1P2 FMTV Wreckers 30 Low non-MDE items were valued at $225.574 36(B)(5)(C), AECA) Cost Reduced Range (LCRR) practice million, resulting in a total program (i) Prospective Purchaser: Government rockets. Also included repair parts, increase of $250 million. The total case of Romania training and U.S. Government support. value increased to $1.5 billion. (ii) Sec. 36(b)(1), AECA Transmittal The estimated total cost was $1.25 This transmittal notifies the addition No.: 17–36 billion. Major Defense Equipment of: Date: August 18, 2017 (MDE) constituted $900 million of this 1. Six (6) AN/TPQ-53 Radar Systems Military Department: Army total. (MDE); (iii) Description: On August 18, 2017, On March 12, 2019, 19–0B notified 2. Three hundred eighty-four (384) Congress was notified by Congressional the addition of: forty-eight (48) 120MM High Explosive (HE) Cartridges certification transmittal number 17–36 Advanced Field Artillery Tactical Data (MDE); and of the possible sale under Section Systems (AFATDS) (MDE); forty-five 3. Support and communications 36(b)(1) of the Arms Export Control Act (45) M1152A1 HMMWVs—Armor equipment, vehicles, ammunition, of 54 High Mobility Artillery Rocket Ready 2-Man (MDE); fifty-four (54) transportation, spare and repair parts, Systems (HIMARS) Launchers, 81 M1084A1P2 HIMARS Resupply test sets, batteries, laptop computers, Guided Multiple Launch Rocket Vehicles (MDE); and support and publications and technical data, facility Systems (GMLRS) M31A1-Unitary, 81 communications equipment, spare and design, personnel training and GMLRS M30A1-Alternative Warhead, repair parts, test sets, batteries, laptop equipment, systems integration support, 54 Army Tactical Missile Systems computers, publications and technical Quality Assurance Teams and a (ATACMS) M57 Unitary, 24 Advanced data, facility design, personnel training Technical Assistance Fielding Team, Field Artillery Tactical Data Systems and equipment, systems integration United States Government and (AFATDS), 15 High Mobility support, Quality Assurance Teams and contractor engineering and logistics Multipurpose Wheeled Vehicles a Technical Assistance Fielding Team, personnel services. (Non-MDE) The (HMMWV), Utility-Armored, M1151A1 United States Government and additional MDE items are valued at

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN17JY20.005 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43569

$175 million, resulting in a new MDE functions of the agency, including contact MyNavy Career Center regarding value of $1.1 billion, and additional whether the information shall have a variety of questions. non-MDE items are valued at $75 practical utility; the accuracy of the Affected Public: Individuals or million, resulting in a total program agency’s estimate of the burden of the households. increase of $250 million. The total proposed information collection; ways Annual Burden Hours: 2,268 hours. program value will increase to $1.75 to enhance the quality, utility, and Number of Respondents: 16,799. billion. clarity of the information to be Responses per Respondent: 1. (iv) Significance: This proposed sale collected; and ways to minimize the Annual Responses: 16,799. of defense articles and services supports burden of the information collection on Average Burden per Response: 8.1 Romania’s ongoing effort to modernize respondents, including through the use minutes (0.135 hours). its armed forces and increase the of automated collection techniques or Frequency: On occasion. Romanian Armed Forces’ capacity to other forms of information technology. Respondents are family members of counter threats posed by potential DATES: Consideration will be given to all active, retired and reserve members and attacks. This will contribute to the comments received by September 15, members of the public with no military Romanian Armed Forces’ effort to 2020. affiliation. The Omni-Channel update their capabilities and enhance telephone system will record caller interoperability with the United States ADDRESSES: You may submit comments, transactions to support transaction and other allies. identified by docket number and title, accuracy, provide training opportunities (v) Justification: This proposed sale by any of the following methods: to customer service representatives and will support the foreign policy and Federal eRulemaking Portal: http:// provide actionable data for business national security of the United States by www.regulations.gov. Follow the process improvements. instructions for submitting comments. helping to improve the security of a Dated: July 13, 2020. Mail: DoD cannot receive written NATO ally in developing and Aaron T. Siegel, maintaining a strong and ready self- comments at this time due to the COVID–19 pandemic. Comments should Alternate OSD Federal Register, Liaison defense capability. This proposed sale Officer, Department of Defense. will enhance U.S. national security be sent electronically to the docket objectives in the region. listed above. [FR Doc. 2020–15458 Filed 7–16–20; 8:45 am] (vi) Sensitivity of Technology: The Instructions: All submissions received BILLING CODE 5001–06–P AN/TPQ-53 Radar is a high-performance must include the agency name, docket Counter Fire Target Acquisition (CTA) number, and title for this Federal radar. Each radar system includes a Register document. The general policy DEPARTMENT OF EDUCATION Kearfott KN-4083 Land/Sea Inertial for comments and other submissions Applications for New Awards; Indian Navigation System (INS) with Selective from members of the public is to make Education Discretionary Grant Availability Anti-Spoofing Module these submissions available for public Programs—Demonstration Grants for (SAASM). The AN/TPQ-53 radar viewing on the internet at http:// Indian Children and Youth Program features an Active Electronically www.regulations.gov as they are Scanned Array (AESA) radar and received without change, including any AGENCY: Office of Elementary and processing system and software that personal identifiers or contact Secondary Education, Department of further enhances its ability to detect and information. Education. Any associated form(s) for this classify targets. There is no classified ACTION: Notice. equipment or information to be collection may be located within this conveyed with the proposed sale. same electronic docket and downloaded SUMMARY: The Department of Education (vii) Date Report Delivered to for review/testing. Follow the is issuing a notice inviting applications Congress: June 3, 2020 instructions at http:// for new awards for fiscal year (FY) 2020 [FR Doc. 2020–15505 Filed 7–16–20; 8:45 am] www.regulations.gov for submitting for Demonstration Grants for Indian BILLING CODE 5001–06–P comments. Please submit comments on Children and Youth Program any given form identified by docket (Demonstration program), Catalog of number, form number, and title. Federal Domestic Assistance (CFDA) DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: To number 84.299A. This notice relates to request more information on this the approved information collection Department of the Navy proposed information collection or to under OMB control number 1810–0722. [Docket ID: USN–2020–HQ–0004] obtain a copy of the proposal and DATES: associated collection instruments, Applications Available: July 17, 2020. Proposed Collection; Comment please write to the MyNavy Career Deadline for Notice of Intent to Apply: Request Center, Naval Support Activity Mid- August 3, 2020. South, ATTN: CAPT Laura Scotty, 5720 AGENCY: The Office of the Secretary of Date of Pre-Application Meeting: July Integrity Drive, Millington, TN 38053, the Navy, Defense Department (DoD). 23, 2020 at 2:00 p.m. Eastern Time and (901) 874–2070. July 30, 2020 at 2:00 p.m. Eastern time. ACTION: Information collection notice. SUPPLEMENTARY INFORMATION: Deadline for Transmittal of SUMMARY: In compliance with the Title; Associated Form; and OMB Applications: August 31, 2020. Paperwork Reduction Act of 1995, the Number: MyNavy Career Center Omni- ADDRESSES: For the addresses for Department of the Navy announces a Channel Telephony System; OMB obtaining and submitting an proposed public information collection Control Number 0703–XXXX. application, please refer to our Common and seeks public comment on the Needs and Uses: The information Instructions for Applicants to provisions thereof. Comments are collection requirement is necessary to Department of Education Discretionary invited on: Whether the proposed obtain unique personally identifiable Grant Programs, published in the collection of information is necessary information such as DoD ID or SSN to Federal Register on February 13, 2019 for the proper performance of the positively identify individuals who (84 FR 3768), and available at

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43570 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

www.govinfo.gov/content/pkg/FR-2019- an application that meets Competitive children and youth have been, and will 02-13/pdf/2019-02206.pdf. Preference Priority 2; an applicant can be, involved in developing and FOR FURTHER INFORMATION CONTACT: receive points under either Competitive implementing the proposed activities; Bianca Williams, U.S. Department of Preference Priority 1 or 2, but not both. (b) Information demonstrating that the Education, 400 Maryland Avenue SW, In addition, we award an additional 5 proposed project is evidence-based, Room 3W237, Washington, DC 20202– points to an application that meets where applicable, or is based on an 6335. Telephone: (202) 453–5671. Competitive Preference Priority 3. The existing evidence-based program that Email: [email protected]. maximum number of competitive has been modified to be culturally If you use a telecommunications preference priority points is 16. appropriate for Indian students; device for the deaf (TDD) or a text These priorities are: (c) A description of how the applicant telephone (TTY), call the Federal Relay Competitive Preference Priority 1: will continue the proposed activities Service (FRS), toll free, at 1–800–877– Tribal Lead Applicants. (0 or 11 points) once the grant period is over; 8339. To meet this priority, an application (d) A plan for how the applicant will must be submitted by an Indian Tribe, oversee service providers and ensure SUPPLEMENTARY INFORMATION: Indian organization, school funded by that students receive high-quality Full Text of Announcement the Bureau of Indian Education (BIE- services under the project; funded school), or Tribal college or (e) An assurance that— I. Funding Opportunity Description university (TCU) that is eligible to (i) Services will be supplemental to Purpose of Program: The purpose of participate in the Demonstration Grants the education program provided by the Demonstration program is to support program. A group application submitted local schools attended by the students to projects to develop, test, and by a consortium that meets the be served; demonstrate the effectiveness of services requirements of 34 CFR 75.127 through (ii) Funding will be supplemental to and programs to improve education 75.129 or submitted by a partnership is existing sources, such as Johnson opportunities and achievement of eligible to receive the preference only if O’Malley funding; and Indian children and youth. the lead applicant for the consortium is (iii) The availability of funds for Priorities: This competition includes the Indian Tribe, Indian organization, supplemental special education and one absolute priority and three BIE-funded school, or TCU. related services (i.e., services that are competitive preference priorities. Competitive Preference Priority 2: not part of the special education and In accordance with 34 CFR Tribal Partnership. (0 or 5 points) related services, supplementary aids 75.105(b)(2)(ii), these priorities are from To meet this priority, an application and services, and program modifications 34 CFR part 263, as revised in the notice must be submitted by a consortium of or supports for school personnel that are of final regulations for this program eligible entities that meets the required to make FAPE available under published elsewhere in this issue of the requirements of 34 CFR 75.127 through Part B of the Individuals with Federal Register (the NFR). The 75.129 or submitted by a partnership if Disabilities Education Act (IDEA) to a absolute priority is from 34 CFR the consortium or partnership—(1) child with a disability in conformity 263.21(c)(7); Competitive Preference Includes an Indian Tribe, Indian with the child’s IEP or the regular or Priorities 1 and 2 are from 34 CFR organization, BIE-funded school, or special education and related aids and 263.21(b)(1) and (2); and Competitive TCU; and (2) Is not eligible to receive services required to make FAPE Preference Priority 3 is from 34 CFR the preference under Competitive available under a Section 504 plan, if 263.21(c)(5). Preference Priority 1. any) does not affect the right of the child Absolute Priority: For FY 2020 and Competitive Preference Priority 3: to receive FAPE under Part B of the any subsequent year in which we make Rural Applicants. (0 or 5 points) IDEA or Section 504, and the respective awards from the list of unfunded To meet this priority, an applicant implementing regulations. applications from this competition, this must propose a project that includes (2) Requirements for Non-Tribal priority is an absolute priority. Under 34 either—(1) A local educational agency Applicants. CFR 75.105(c)(3), we consider only (LEA) that is eligible under the Small (a) For an applicant that is not a Tribe, applications that meet this priority. Rural School Achievement (SRSA) if 50 percent or more of the total student This priority is: program or the Rural and Low-Income population of the schools to be served Accessing Choices in Education. School (RLIS) program authorized under by the project consists of members of To meet this priority, applicants must title V, part B of the ESEA; or (2) A BIE- one Tribe, documentation that that propose a project to expand educational funded school that is located in an area Tribe is a partner for the proposed choice by enabling a Tribe, or the designated with locale code of either 41, project. grantee and its Tribal partner, to select 42, or 43 as designated by the National (b) For an applicant that is an LEA or a project focus that meets the needs of Center for Education Statistics. State educational agency (SEA) and is their students and enabling parents of Application Requirements: For FY not required by Application Indian students, or the students, to 2020 and any subsequent year in which Requirement (2)(a) to partner with a choose education services by selecting we make awards from the list of specific Tribe, documentation that at the specific service and provider unfunded applications from this least one Tribe or Indian organization is desired. competition, applicants must meet the a partner for the proposed project. Competitive Preference Priorities: For following application requirements, (3) Requirements for an Applicant Not FY 2020 and any subsequent year in which are from section 6121 of ESEA Proposing a Planning Period. The which we make awards from the list of and 34 CFR 263.22: following requirements apply only to an unfunded applications from this (1) General Requirements. The applicant that does not propose a competition, these priorities are following requirements apply to all planning period. Such an applicant competitive preference priorities. Under applications submitted under this must include in its application— 34 CFR 75.105(c)(2)(i) we award an competition. An applicant must include (a) A description of the service additional 11 points to an application in its application— selection method required in that meets Competitive Preference (a) A description of how Indian Tribes § 263.25(c), as described in Program Priority 1, and an additional 5 points to and parents and families of Indian Requirement (3) of this notice;

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43571

(b) A description of the parent evidence that suggests the services may (6) Include a fair and documented involvement and feedback process have a positive effect on relevant process to choose students to be served, required in § 263.25(d), as described in education outcomes; such as a lottery or other transparent Program Requirement (4) of this notice; (j) Testing preparation and criteria (e.g., based on particular types (c) A sample of the written agreement application fees, including for private of need), in the event that the number required in § 263.25(e), as described in school and graduating students; of requests from parents of eligible Program Requirement (5) of this notice; (k) Supplemental counseling services, students or from students for services (d) A description of the process that not to include psychiatric or medical under the project exceeds the available will be used to choose students to be services; or capacity, with regard to the number or served required in section 263.25(f), as (l) Other education-related services intensity of services offered; described in Program Requirement (6) of that are reasonable and necessary for the (7) Ensure that— this notice. project; (a) At least 80 percent of grant funds Program Requirements: For FY 2020 (3) Provide a method to enable are used for direct services to eligible and any subsequent year in which we parents and students to select services. students, provided that, if a grantee make awards from the list of unfunded Such a method must— requests and receives approval for a applications from this competition, (a) Ensure that funds will be planning period, not to exceed 12 applicants must adhere to the following transferred directly from the grantee to months, the 80 percent requirement program requirements from 34 CFR the selected service provider; and does not apply to that planning period; (b) Include service providers other 263.25. Each project must— (b) Not more than 15 percent of grant (1) Include the following, which are than the applicant, although the funds are used on the service selection chosen by the grantee, or for LEAs and applicant may be one of the service method described in Program SEAs, the grantee and its partnering providers; Requirement (4) or the parent (4) Include a parent involvement and Tribe or Indian organization: involvement and feedback process feedback process that— (a) A project focus and specific (a) Describes a way for parents to described in Program Requirement (5), services that are based on the needs of request services or providers that are not except in an authorized planning the local community; and currently offered and provide input on period; and (b) Service providers; services provided through the project, (c) No grant funds are used to (2) Include more than one education and describes how the grantee will establish or develop the capacity of option from which parents and students provide parents with written responses entities or individuals that are or may may choose, which may include— within 30 days; and become service providers under this (a) Native language, history, or culture (b) May include a parent liaison to project; courses; support the grantee in outreach to (8) For a grantee that receives (b) Advanced, remedial, or elective parents, inform parents and students of approval for a planning period, not to courses, which may be online; the timeline for the termination of the exceed 12 months, submit to the (c) Apprenticeships or training project, and assist parents and the Department prior to the end of that programs that lead to industry grantee with the process by which a period the following documents: certifications; parent can request services or providers (a) A description of the operational (d) Concurrent and dual enrollment; service selection process that meets (e) Tuition for private school or home not already specified by the grantee; (5) Include a written agreement Program Requirement (3). education expenses; between the grantee and each service (b) A description of the operational (f) Special education and related provider under the project. Each parent involvement and feedback services that supplement, and are not agreement must include— process that meets Program part of, the special education and (a) A nondiscrimination clause that— Requirement (4). related services, supplementary aids (i) Requires the provider to abide by (c) A sample of the written agreement and services, and program modifications all applicable non-discrimination laws that meets Program Requirement (5), or supports for school personnel with regard to students to be served, and a list of providers with whom the required to make available a free e.g., on the basis of race, color, national grantee has signed written agreements. appropriate public education (FAPE) origin, religion, sex, or disability; and (d) A description of the process that under Part B of the IDEA to a child with (ii) Prohibits the provider from will be used to choose students to be a disability in conformity with the discriminating among students who are served in the event that the demand for child’s individualized education eligible for services under this program, services exceeds the available capacity, program (IEP) or the regular or special i.e., that meet the definition of ‘‘Indian’’ as described in Program Requirement education and related aids and services in section 6151 of the ESEA, on the (6). required to ensure FAPE under Section basis of affiliation with a particular Statutory Hiring Preference: 504 of the Rehabilitation Act of 1973 Tribe; (a) Awards that are primarily for the (Section 504); (b) A description of how the grantee benefit of Indians are subject to the (g) Books, materials, or education will oversee the service provider and provisions of section 7(b) of the Indian technology, including learning software hold the provider accountable for— Self-Determination and Education or hardware that are accessible to all (i) The terms of the written agreement; Assistance Act (Pub. L. 93–638). That children; and section requires that, to the greatest (h) Tutoring; (ii) The use of funds, including extent feasible, a grantee— (i) Summer or afterschool education compliance with generally accepted (1) Give to Indians preferences and programs, and student transportation accounting procedures and Federal cost opportunities for training and needed for those specific programs. principles; employment in connection with the Such programs could include (c) A description of how students’ administration of the grant; and instruction in the arts, music, or sports, progress will be measured; and (2) Give to Indian organizations and to to the extent that the applicant can (d) A provision for the termination of Indian-owned economic enterprises, as demonstrate that such services are the agreement if the provider is unable defined in section 3 of the Indian culturally related or are supported by to meet the terms of the agreement; Financing Act of 1974 (25 U.S.C.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43572 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

1452(e)), preference in the award of Assistance Act of 1978, and the Navajo (d) An Indian organization. contracts in connection with the Community College, authorized in the (e) A federally supported elementary administration of the grant. Navajo Community College Assistance school or secondary school for Indian (b) For purposes of this preference, an Act of 1978. students. Indian is a member of any federally Program Authority: 20 U.S.C. 7441. (f) A TCU. recognized Indian Tribe. Definitions: Applicable Regulations: (a) The 2. (a) Cost Sharing or Matching: This The following definitions are from 34 Education Department General program does not require cost sharing or CFR 263.20. Administrative Regulations in 34 CFR matching. Federally supported elementary or parts 75, 77, 79, 81, 82, 84, 86, 97, 98, (b) Supplement-Not-Supplant: This secondary school for Indian students and 99. (b) The Office of Management program involves supplement-not- means an elementary or secondary and Budget Guidelines to Agencies on supplant funding requirements. school that is operated or funded, Governmentwide Debarment and 3. Subgrantees: A grantee under this through a contract or grant, by the Suspension (Nonprocurement) in 2 CFR competition may not award subgrants to Bureau of Indian Education. part 180, as adopted and amended as entities to directly carry out project Indian means an individual who is— regulations of the Department in 2 CFR activities described in its application. (1) A member of an Indian Tribe or part 3485. (c) The Uniform 4. Other: Projects funded under this band, as membership is defined by the Administrative Requirements, Cost competition should budget for a two- Indian Tribe or band, including any Principles, and Audit Requirements for day Project Directors’ meeting in Tribe or band terminated since 1940, Federal Awards in 2 CFR part 200, as Washington, DC during each year of the and any Tribe or band recognized by the adopted and amended as regulations of project period. State in which the Tribe or band resides; the Department in 2 CFR part 3474. (d) IV. Application and Submission (2) A descendant of a parent or The program regulations in 34 CFR part Information grandparent who meets the 263. requirements described in paragraph (1) 1. Application Submission Note: The open licensing requirement in 2 Instructions: Applicants are required to of this definition; CFR 3474.20 does not apply to this program. (3) Considered by the Secretary of the follow the Common Instructions for Interior to be an Indian for any purpose; Note: The regulations in 34 CFR part 79 Applicants to Department of Education (4) An Eskimo, Aleut, or other Alaska apply to all applicants except federally Discretionary Grant Programs, Native; or recognized Indian Tribes. published in the Federal Register on (5) A member of an organized Indian February 13, 2019 (84 FR 3768) and group that received a grant under the Note: The regulations in 34 CFR part 86 available at www.govinfo.gov/content/ apply to institutions of higher education pkg/FR-2019-02-13/pdf/2019-02206.pdf, Indian Education Act of 1988 as it was only. in effect on October 19, 1994. which contain requirements and information on how to submit an Indian organization means an II. Award Information organization that— application. (1) Is legally established— Type of Award: Discretionary grants. 2. Submission of Proprietary (i) By Tribal or inter-Tribal charter or Estimated Available Funds: Information: Given the types of projects in accordance with State or Tribal law; $15,000,000. that may be proposed in applications for and Contingent upon the availability of the Demonstration program, your (ii) With appropriate constitution, by- funds and the quality of applications, application may include business laws, or articles of incorporation; we may make additional awards in information that you consider (2) Includes in its purposes the subsequent fiscal years from the list of proprietary. In 34 CFR 5.11 we define promotion of the education of Indians; unfunded applications from this ‘‘business information’’ and describe the (3) Is controlled by a governing board, competition. process we use in determining whether the majority of which is Indian; Estimated Range of Awards: any of that information is proprietary (4) If located on an Indian reservation, $500,000–$1,500,000, depending on the and, thus, protected from disclosure operates with the sanction or by charter number of students to be served and, if under Exemption 4 of the Freedom of of the governing body of that applicable, the per-pupil amount Information Act (5 U.S.C. 552, as reservation; proposed. amended). (5) Is neither an organization or Estimated Average Size of Awards: Because we plan to make successful subdivision of, nor under the direct $1,000,000. applications available to the public by control of, any institution of higher Estimated Number of Awards: 15–20. posting them on our website, you may education or TCU; and Note: The Department is not bound by any wish to request confidentiality of (6) Is not an agency of State or local estimates in this notice. business information. government. Project Period: Up to 60 months. We Consistent with Executive Order Parent includes a legal guardian or will award grants for an initial period of 12600, please designate in your other person standing in loco parentis not more than three years and may application any information that you (such as a grandparent or stepparent renew such grants for an additional believe is exempt from disclosure under with whom the child lives, or a person period of not more than two years if we Exemption 4. In the appropriate who is legally responsible for the child’s find that the grantee is achieving the Appendix section of your application, welfare). objectives of the grant. under ‘‘Other Attachments Form,’’ Tribal College or University (TCU) please list the page number or numbers means an accredited college or III. Eligibility Information on which we can find this information. university within the United States 1. Eligible Applicants. The following For additional information please see 34 cited in section 532 of the Equity in entities, either alone or in a consortium, CFR 5.11(c). Educational Land-Grant Status Act of are eligible under this program: 3. Intergovernmental Review: This 1994, any other institution that qualifies (a) An SEA. competition is subject to Executive for funding under the Tribally (b) An LEA. Order 12372 and the regulations in 34 Controlled College or University (c) An Indian Tribe. CFR part 79. However, under 34 CFR

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43573

79.8(a), we waive intergovernmental that intend to apply. Therefore, we services, and providers, for parents and review in order to make awards by the strongly encourage each potential students to select. (9 points) (34 CFR end of FY 2020. applicant to notify us of their intent to 263.24(b)(1)) 4. Funding Restrictions: Under ESEA submit an application. To do so, please (3) The extent to which the services section 6121(e), no more than five email the program contact person listed to be offered would meet the needs of percent of funds awarded for a grant under FOR FURTHER INFORMATION the local population, as demonstrated under this program may be used for CONTACT with the subject line ‘‘Intent to by an analysis of community-level data, administrative purposes, and for grants Apply,’’ and include the applicant’s including direct input from parents and made using FY 2020 funds this name and a contact person’s name and families of Indian children and youth. (9 administrative cost cap applies only to email address. Applicants that do not points) (34 CFR 263.24(b)(2)) direct administrative costs, not indirect submit a notice of intent to apply may (4) The quality of the plan to ensure costs. still apply for funding; applicants that that the services to be offered are Under 34 CFR 263.25(g), grantees do submit a notice of intent to apply are evidence-based, where applicable, or are must spend at least 80 percent of their not bound to apply or bound by the based on existing evidence-based grant funds on direct services to eligible information provided. programs that have been modified to be students. If applicants propose a culturally appropriate for Indian planning period in the first year of the V. Application Review Information students. (4 points) (34 CFR grant, this 80 percent limit does not 1. Selection Criteria: The selection 263.24(b)(3)) apply to that period. Grantees are also criteria for this competition are from 34 (c) Reasonableness of budget (20 prohibited from spending more than 15 CFR 75.210 and 34 CFR 263.24. The points). The Secretary considers the percent of grant funds on the service source of each selection criterion, and following factors in determining the selection method or the parent the maximum score for addressing each reasonableness of the project budget: involvement and feedback process, criterion and factor within each (1) The extent to which the budget except in a planning period. Grantees criterion, is included in parentheses. reflects the number of students to be are also prohibited from using grant The maximum score for these criteria is served and a per-pupil amount for funds to establish or develop the 100 points. services, based only on direct costs for capacity of entities or individuals that (a) Quality of the project design (25 student services, that is reasonable in are or may become service providers points). The Secretary considers the relation to the project objectives; (10 under this project. following factors in determining the points) (34 CFR 263.24(d)(1)) 5. Recommended Page Limit: The quality of the project design: (2) The extent to which the per-pupil application narrative is where you, the (1) The extent to which the project is costs of specific services and per-pupil applicant, address the selection criteria designed to improve student and parent funds available are transparent to that reviewers use to evaluate your satisfaction with the student’s overall parents and other stakeholders. (10 application. We recommend that you (1) education experience, as measured by points) (34 CFR 263.24(d)(2)) limit the application narrative to no pre- and post-project data. (5 points) (34 (d) Quality of the management plan more than 30 pages and (2) use the CFR 263.24(c)(1)) (30 points). In determining the quality following standards: (2) The extent to which the applicant of the management plan for the • A ‘‘page’’ is 8.5″ x 11″, on one side proposes a fair and neutral process of proposed project, the Secretary only, with 1″ margins at the top, bottom, selecting service providers that will considers the following factors: and both sides. result in high-quality options from (1) The adequacy of the management • Double space (no more than three which parents and students can select plan to achieve the objectives of the lines per vertical inch) all text in the services. (5 points) (34 CFR 263.24(c)(2)) proposed project on time and within application narrative, including titles, (3) The quality of the proposed plan budget, including clearly defined headings, footnotes, quotations, to inform parents and students about responsibilities, timelines, and references, and captions, as well as all available service choices under the milestones for accomplishing project text in charts, tables, figures, and project, and about the timeline for tasks. (10 points) (34 CFR graphs. termination of the project. (5 points) (34 75.210(g)(2)(i)) • Use a font that is either 12 point or CFR 263.24(c)(3)) (2) The quality of the applicant’s plan larger or no smaller than 10 pitch (4) The extent to which the goals, to oversee service providers and ensure (characters per inch). objectives, and outcomes to be achieved that students receive high-quality • Use one of the following fonts: by the proposed project are clearly services under the project. (20 points) Times New Roman, Courier, Courier specified and measurable. (10 points) (34 CFR 263.24(c)(4)) New, or Arial. (34 CFR 75.210(c)(2)(i)) 2. Review and Selection Process: We The recommended page limit does not (b) Quality of project services (25 remind potential applicants that in apply to the cover sheet; the budget points). The Secretary considers the reviewing applications in any section, including the narrative budget following factors in determining the discretionary grant competition, the justification; the assurances and quality of project services: Secretary may consider, under 34 CFR certifications; or the one-page abstract, (1) The quality and sufficiency of 75.217(d)(3), the past performance of the the resumes, the bibliography, the strategies for ensuring equal access and applicant in carrying out a previous letter(s) of support, or the signed treatment for eligible project award, such as the applicant’s use of consortium agreement. However, the participants who are members of groups funds, achievement of project recommended page limit does apply to that have traditionally been objectives, and compliance with grant all of the application narrative. An underrepresented based on race, color, conditions. The Secretary may also application will not be disqualified if it national origin, gender, age, or consider whether the applicant failed to exceeds the recommended page limit. disability. (3 points) (34 CFR submit a timely performance report or 6. Notice of Intent to Apply: The 75.210(d)(2)) submitted a report of unacceptable Department will be able to review grant (2) The extent to which the project quality. applications more efficiently if we know would offer high-quality choices of In addition, in making a competitive the approximate number of applicants services, including culturally relevant grant award, the Secretary requires

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43574 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

various assurances, including those If your application is not evaluated or school attendance, etc.), as defined by applicable to Federal civil rights laws not selected for funding, we notify you. the grantee. that prohibit discrimination in programs 2. Administrative and National Policy (4) The total number of students or activities receiving Federal financial Requirements: served. assistance from the Department (34 CFR We identify administrative and (5) The percentage of parents who 100.4, 104.5, 106.4, 108.8, and 110.23). national policy requirements in the report that the number and variety of 3. Risk Assessment and Specific application package and reference these options offered meet their children’s Conditions: Consistent with 2 CFR and other requirements in the needs. 200.205, before awarding grants under Applicable Regulations section of this (6) The percentage of parents who this program, the Department conducts notice. report that the quality of options offered a review of the risks posed by We reference the regulations outlining meet their children’s needs. applicants. Under 2 CFR 3474.10, the the terms and conditions of an award in (7) The average time it took a grantee Secretary may impose specific the Applicable Regulations section of to respond to requests for specific conditions and, in appropriate this notice and include these and other services. circumstances, high-risk conditions on a specific conditions in the GAN. The (8) The percentage of parent requests grant if the applicant or grantee is not GAN also incorporates your approved for additional services that resulted in financially stable; has a history of application as part of your binding adding new services to the offerings. These measures constitute the unsatisfactory performance; has a commitments under the grant. Department’s indicators of success for financial or other management system 3. Reporting: this program. Consequently, we advise that does not meet the standards in 2 (a) If you apply for a grant under this an applicant for a grant under this CFR part 200, subpart D; has not competition, you must ensure that you program to carefully consider these fulfilled the conditions of a prior grant; have in place the necessary processes measures in conceptualizing the or is otherwise not responsible. and systems to comply with the approach to, and evaluation for, its reporting requirements in 2 CFR part 4. Integrity and Performance System: proposed project. Each grantee will be 170 should you receive funding under If you are selected under this required to provide, in its annual the competition. This does not apply if competition to receive an award that performance and final reports, data you have an exception under 2 CFR over the course of the project period about its progress in meeting these 170.110(b). may exceed the simplified acquisition measures. threshold (currently $250,000), under 2 (b) At the end of your project period, 6. Continuation Awards: In making a CFR 200.205(a)(2) we must make a you must submit a final performance continuation award under 34 CFR judgment about your integrity, business report, including financial information, 75.253, the Secretary considers, among ethics, and record of performance under as directed by the Secretary. If you other things: Whether a grantee has Federal awards—that is, the risk posed receive a multiyear award, you must made substantial progress in achieving by you as an applicant—before we make submit an annual performance report the goals and objectives of the project; an award. In doing so, we must consider that provides the most current whether the grantee has expended funds any information about you that is in the performance and financial expenditure in a manner that is consistent with its integrity and performance system information as directed by the Secretary approved application and budget; and, (currently referred to as the Federal under 34 CFR 75.118. The Secretary if the Secretary has established Awardee Performance and Integrity may also require more frequent performance measurement Information System (FAPIIS)), performance reports under 34 CFR requirements, the performance targets in accessible through the System for 75.720(c). For specific requirements on the grantee’s approved application. Award Management. You may review reporting, please go to www.ed.gov/ In making a continuation award, the and comment on any information about fund/grant/apply/appforms/ Secretary also considers whether the yourself that a Federal agency appforms.html. grantee is operating in compliance with previously entered and that is currently (c) Under 34 CFR 75.250(b), the the assurances in its approved in FAPIIS. Secretary may provide a grantee with application, including those applicable Please note that, if the total value of additional funding for data collection to Federal civil rights laws that prohibit your currently active grants, cooperative analysis and reporting. In this case the discrimination in programs or activities agreements, and procurement contracts Secretary establishes a data collection receiving Federal financial assistance from the Federal Government exceeds period. from the Department (34 CFR 100.4, $10,000,000, the reporting requirements 5. Performance Measures: The 104.5, 106.4, 108.8, and 110.23). in 2 CFR part 200, Appendix XII, Department has established the require you to report certain integrity following Government Performance and VII. Other Information information to FAPIIS semiannually. Results Act of 1993 (GPRA) performance Accessible Format: Individuals with Please review the requirements in 2 CFR measures for the Demonstration disabilities can obtain this document part 200, Appendix XII, if this grant program: and a copy of the application package in plus all the other Federal funds you (1) The total number of options from an accessible format (e.g., braille, large receive exceed $10,000,000. which participating students can print, audiotape, or compact disc) on choose. request to the program contact person VI. Award Administration Information (2) The number of options offered listed under FOR FURTHER INFORMATION 1. Award Notices: If your application from which participating students can CONTACT. is successful, we notify your U.S. choose education-related services that Electronic Access to This Document: Representative and U.S. Senators and are culturally relevant, as determined by The official version of this document is send you a Grant Award Notification the grantee. the document published in the Federal (GAN); or we may send you an email (3) The number of grantees that meet Register. You may access the official containing a link to access an electronic their educational outcome objectives edition of the Federal Register and the version of your GAN. We may notify (e.g., decreased school suspension rates, Code of Federal Regulations at you informally, also. increased graduation rates, increased www.govinfo.gov. At this site you can

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43575

view this document, as well as all other assess the impact of its information Dated: July 13, 2020. documents of this Department collection requirements and minimize Kate Mullan, published in the Federal Register, in the public’s reporting burden. It also PRA Coordinator, Strategic Collections and text or Portable Document Format helps the public understand the Clearance Governance and Strategy Division, (PDF). To use PDF you must have Department’s information collection Office of Chief Data Officer, Office of Adobe Acrobat Reader, which is requirements and provide the requested Planning, Evaluation and Policy Development. available free at the site. data in the desired format. ED is You may also access documents of the soliciting comments on the proposed [FR Doc. 2020–15418 Filed 7–16–20; 8:45 am] Department published in the Federal information collection request (ICR) that BILLING CODE 4000–01–P Register by using the article search is described below. The Department of feature at www.federalregister.gov. Education is especially interested in DEPARTMENT OF EDUCATION Specifically, through the advanced public comment addressing the search feature at this site, you can limit following issues: (1) Is this collection [Docket No.: ED–2020–SCC–0113] your search to documents published by necessary to the proper functions of the the Department. Department; (2) will this information be Agency Information Collection Frank T. Brogan, processed and used in a timely manner; Activities; Comment Request; EDGAR Assistant Secretary for Elementary and (3) is the estimate of burden accurate; Recordkeeping and Reporting Requirements Secondary Education. (4) how might the Department enhance [FR Doc. 2020–15542 Filed 7–16–20; 8:45 am] the quality, utility, and clarity of the AGENCY: Office of Finance and BILLING CODE 4000–01–P information to be collected; and (5) how Operation (OFO), Department of might the Department minimize the Education (ED). burden of this collection on the ACTION: Notice. DEPARTMENT OF EDUCATION respondents, including through the use SUMMARY: [Docket No.: ED–2020–SCC–0068] of information technology. Please note In accordance with the that written comments received in Paperwork Reduction Act of 1995, ED is Agency Information Collection response to this notice will be proposing an extension of an existing Activities; Submission to the Office of considered public records. information collection. Management and Budget for Review DATES: Interested persons are invited to Title of Collection: Consolidated State and Approval; Comment Request; submit comments on or before Consolidated State Plan Plan. September 15, 2020. OMB Control Number: 1810–0576. ADDRESSES: To access and review all the AGENCY: Office of Elementary and documents related to the information Secondary Education (OESE), Type of Review: An extension of an existing information collection. collection listed in this notice, please Department of Education (ED). use http://www.regulations.gov by Respondents/Affected Public: State, ACTION: Notice. searching the Docket ID number ED– Local and Tribal Governments. 2020–SCC–0113. Comments submitted SUMMARY: In accordance with the Total Estimated Number of Annual in response to this notice should be Paperwork Reduction Act of 1995, ED is Responses: 52. submitted electronically through the proposing an extension of an existing Federal eRulemaking Portal at http:// information collection. Total Estimated Number of Annual Burden Hours: 108,155. www.regulations.gov by selecting the DATES: Interested persons are invited to Docket ID number or via postal mail, submit comments on or before August Abstract: This collection, currently commercial delivery, or hand delivery. 17, 2020. approved by OMB under control If the regulations.gov site is not ADDRESSES: Written comments and number 1810–0576, covers the available to the public for any reason, recommendations for proposed consolidated State plan (previously ED will temporarily accept comments at information collection requests should known as the consolidated State [email protected]. Please include the be sent within 30 days of publication of application), as well as assessment peer docket ID number and the title of the this notice to www.reginfo.gov/public/ review guidance. Section 8302 of the information collection request when do/PRAMain. Find this particular Elementary and Secondary Education requesting documents or submitting information collection request by Act (ESEA), as amended by the Every comments. Please note that comments selecting ‘‘Department of Education’’ Student Succeeds Act (ESSA), permits submitted by fax or email and those under ‘‘Currently Under Review,’’ then each State Education Agency (SEA), in submitted after the comment period will check ‘‘Only Show ICR for Public consultation with the Governor, to not be accepted. Written requests for Comment’’ checkbox. apply for program funds through information or comments submitted by FOR FURTHER INFORMATION CONTACT: For submission of a consolidated State plan postal mail or delivery should be specific questions related to collection (in lieu of individual program State addressed to the Director of the Strategic activities, please contact Melissa Siry, plans). The purpose of consolidated Collections and Clearance Governance 202–260–0926. State plans as defined in ESEA is to and Strategy Division, U.S. Department SUPPLEMENTARY INFORMATION: The improve teaching and learning by of Education, 400 Maryland Ave SW, Department of Education (ED), in encouraging greater cross-program LBJ, Room 6W208B, Washington, DC accordance with the Paperwork coordination, planning, and service 20202–8240. Reduction Act of 1995 (PRA) (44 U.S.C. delivery; to enhance program FOR FURTHER INFORMATION CONTACT: For 3506(c)(2)(A)), provides the general integration; and to provide greater specific questions related to collection public and Federal agencies with an flexibility and less burden for State activities, please contact Alfreida opportunity to comment on proposed, educational agencies. Pettiford, 202–245–6110. revised, and continuing collections of SUPPLEMENTARY INFORMATION: The information. This helps the Department Department of Education (ED), in

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43576 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

accordance with the Paperwork Total Estimated Number of Annual Works filed a notice of intent to Reduction Act of 1995 (PRA) (44 U.S.C. Responses: 4,320. construct a qualifying conduit 3506(c)(2)(A)), provides the general Total Estimated Number of Annual hydropower facility, pursuant to section public and Federal agencies with an Burden Hours: 23,130. 30 of the Federal Power Act (FPA). The opportunity to comment on proposed, Abstract: This is an extension of a proposed M5E Pressure Reducing revised, and continuing collections of previously approved information Station Hydroelectric Project would information. This helps the Department collection request. There is an overall have an installed capacity of 430 assess the impact of its information reflection of the actual number of time kilowatts (kW), and would be located collection requirements and minimize extensions notifications received by ED along an existing municipal water the public’s reporting burden. It also in FY 2019 and an increase in the pipeline belonging to the applicant near helps the public understand the number of awards awarded to IHEs, Palmdale, Los Angeles County, Department’s information collection NPOs and Hospitals in FY 2019. This California. requirements and provide the requested results in an adjustment in burden and data in the desired format. ED is responses of ¥668 responses and 682 Applicant Contact: Eric Melander, soliciting comments on the proposed hours. The total number of responses 5500 Blue Heron Lane, Deming, information collection request (ICR) that and hours is 4,320 responses and 23,130 Washington 98244, Phone No. (360) is described below. The Department of hours, respectively. 592–5552, Email: eric.melander@ Education is especially interested in Dated: July 14, 2020. canyonhydro.com. public comment addressing the FERC Contact: Christopher Chaney, following issues: (1) Is this collection Stephanie Valentine, Phone No. (202) 502–6778, Email: necessary to the proper functions of the PRA Coordinator, Strategic Collections and [email protected]. Department; (2) will this information be Clearance Governance and Strategy Division, Office of Chief Data Officer, Office of Qualifying Conduit Hydropower processed and used in a timely manner; Planning, Evaluation and Policy (3) is the estimate of burden accurate; Development. Facility Description: The proposed (4) how might the Department enhance project would consist of: (1) Two 215- [FR Doc. 2020–15523 Filed 7–16–20; 8:45 am] the quality, utility, and clarity of the kW turbine-generators within an BILLING CODE 4000–01–P information to be collected; and (5) how existing an approximately 51-foot by 38- might the Department minimize the foot building at the M5E Pressure burden of this collection on the Reducing Station; and (2) appurtenant DEPARTMENT OF ENERGY respondents, including through the use facilities. The proposed project would of information technology. Please note Federal Energy Regulatory have an estimated annual generation of that written comments received in approximately 1,236 megawatt-hours. response to this notice will be Commission A qualifying conduit hydropower considered public records. [Docket No. CD20–7–000] Title of Collection: EDGAR facility is one that is determined or Recordkeeping and Reporting Los Angeles County Public Works; deemed to meet all the criteria shown in Requirements. Notice of Preliminary Determination of the table below. OMB Control Number: 1894–0009. a Qualifying Conduit Hydropower Type of Review: An extension of an Facility and Soliciting Comments and existing information collection. Motions To Intervene Respondents/Affected Public: State, Local and Tribal Organizations, Private On July 8, 2020, as supplemented on Sector. July 9, 2020, Los Angeles County Public

TABLE 1—CRITERIA FOR QUALIFYING CONDUIT HYDROPOWER FACILITY

Satisfies Statutory provision Description (Y/N)

FPA 30(a)(3)(A) ...... The conduit the facility uses is a tunnel, canal, pipeline, aqueduct, flume, ditch, or simi- Y lar manmade water conveyance that is operated for the distribution of water for agri- cultural, municipal, or industrial consumption and not primarily for the generation of electricity. FPA 30(a)(3)(C)(i) ...... The facility is constructed, operated, or maintained for the generation of electric power Y and uses for such generation only the hydroelectric potential of a non-federally owned conduit. FPA 30(a)(3)(C)(ii) ...... The facility has an installed capacity that does not exceed 40 megawatts ...... Y FPA 30(a)(3)(C)(iii) ...... On or before August 9, 2013, the facility is not licensed, or exempted from the licens- Y ing requirements of Part I of the FPA.

Preliminary Determination: The proposal satisfies the requirements for a Deadline for filing motions to proposed M5E Pressure Reducing qualifying conduit hydropower facility, intervene is 30 days from the issuance Station Hydroelectric Project will not which is not required to be licensed or date of this notice. alter the primary purpose of the exempted from licensing. Anyone may submit comments or a conduit, which is to supply potable Comments and Motions to Intervene: motion to intervene in accordance with water to the City of Palmdale and Deadline for filing comments contesting the requirements of Rules of Practice surrounding areas. Therefore, based whether the facility meets the qualifying and Procedure, 18 CFR 385.210 and upon the above criteria, Commission criteria is 30 days from the issuance 385.214. Any motions to intervene must staff preliminarily determines that the date of this notice. be received on or before the specified

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43577

deadline date for the particular related to this or other pending projects. In addition to publishing the full text proceeding. Copies of the notice of intent can be of this document in the Federal Filing and Service of Responsive obtained directly from the applicant. At Register, The Commission provides all Documents: All filings must (1) bear in this time, the Commission has interested persons an opportunity to all capital letters the ‘‘COMMENTS suspended access to the Commission’s view and/or print the contents of this CONTESTING QUALIFICATION FOR A Public Reference Room due to the document via the internet through the CONDUIT HYDROPOWER FACILITY’’ proclamation declaring a National Commission’s Home Page (http:// or ‘‘MOTION TO INTERVENE,’’ as Emergency concerning the Novel www.ferc.gov) using the ‘‘eLibrary’’ link. applicable; (2) state in the heading the Coronavirus Disease (COVID–19), issued Enter the docket number excluding the name of the applicant and the project by the President on March 13, 2020. For last three digits in the docket number number of the application to which the assistance, call toll-free 1–866–208– field to access the document. At this filing responds; (3) state the name, 3676 or email FERCOnlineSupport@ time, the Commission has suspended address, and telephone number of the ferc.gov. For TTY, call (202) 502–8659. access to Commission’s Public person filing; and (4) otherwise comply Dated: July 13, 2020. Reference Room, due to the with the requirements of sections Kimberly D. Bose, proclamation declaring a National 385.2001 through 385.2005 of the Emergency concerning the Novel 1 Secretary. Commission’s regulations. All Coronavirus Disease (COVID–19), issued comments contesting Commission staff’s [FR Doc. 2020–15484 Filed 7–16–20; 8:45 am] by the President on March 13, 2020. For preliminary determination that the BILLING CODE 6717–01–P assistance, contact FERC at facility meets the qualifying criteria [email protected] or call must set forth their evidentiary basis. toll-free, (886) 208–3676 or TYY, (202) DEPARTMENT OF ENERGY The Commission strongly encourages 502–8659. electronic filing. Please file motions to Federal Energy Regulatory Comment Date: 5:00 p.m. Eastern intervene and comments using the Time on July 27, 2020. Commission’s eFiling system at http:// Commission Dated: July 13, 2020. www.ferc.gov/docs-filing/efiling.asp. [Docket No. EL19–58–002] Commenters can submit brief comments Kimberly D. Bose, up to 6,000 characters, without prior PJM Interconnection, LLC; Notice of Secretary. registration, using the eComment system Filing [FR Doc. 2020–15480 Filed 7–16–20; 8:45 am] at http://www.ferc.gov/docs-filing/ BILLING CODE 6717–01–P ecomment.asp. You must include your Take notice that on July 6, 2020, PJM name and contact information at the end Interconnection, LLC submitted a filing of your comments. For assistance, in compliance with the Federal Energy DEPARTMENT OF ENERGY please contact FERC Online Support at Regulatory Commission’s (Commission) [email protected], (866) Order on Proposed Tariff Revisions and Federal Energy Regulatory 208–3676 (toll free), or (202) 502–8659 Operating Agreement Revisions, in the Commission (TTY). In lieu of electronic filing, you above captioned proceeding, on May 21, [Project No. 1894–000] may send a paper copy. Submissions 2020.1 sent via the U.S. Postal Service must be Any person desiring to intervene or to Dominion Energy South Carolina, Inc.; addressed to: Kimberly D. Bose, protest this filing must file in Notice of Authorization for Continued Secretary, Federal Energy Regulatory accordance with Rules 211 and 214 of Project Operation Commission, 888 First Street NE, Room the Commission’s Rules of Practice and 1A, Washington, DC 20426. Procedure (18 CFR 385.211, 385.214). On June 28, 2018, South Carolina Submissions sent via any other carrier Protests will be considered by the Electric & Gas Company (now identified must be addressed to: Kimberly D. Bose, Commission in determining the as Dominion Energy South Carolina, 1 Secretary, Federal Energy Regulatory appropriate action to be taken, but will Inc.), licensee for the Parr Commission, 12225 Wilkins Avenue, not serve to make protestants parties to Hydroelectric Project, filed an Rockville, Maryland 20852. A copy of the proceeding. Any person wishing to Application for a New License pursuant all other filings in reference to this become a party must file a notice of to the Federal Power Act (FPA) and the application must be accompanied by intervention or motion to intervene, as Commission’s regulations thereunder. proof of service on all persons listed in appropriate. Such notices, motions, or The Parr Hydroelectric Project is on the the service list prepared by the protests must be filed on or before the Broad River in Newberry and Fairfield Commission in this proceeding, in comment date. On or before the Counties, South Carolina. accordance with 18 CFR 385.2010. comment date, it is not necessary to The license for Project No. 1894 was Locations of Notice of Intent: The serve motions to intervene or protests issued for a period ending June 30, Commission provides all interested on persons other than the Applicant. 2020. Section 15(a)(1) of the FPA, 16 persons an opportunity to view and/or The Commission encourages U.S.C. 808(a)(1), requires the print the contents of this document via electronic submission of protests and Commission, at the expiration of a the internet through the Commission’s interventions in lieu of paper using the license term, to issue from year-to-year website at http://www.ferc.gov/docs- ‘‘eFiling’’ link at http://www.ferc.gov. an annual license to the then licensee filing/elibrary.asp. Enter the docket Persons unable to file electronically under the terms and conditions of the number (i.e., CD20–7) in the docket should submit an original and 5 copies prior license until a new license is number field to access the document. of the protest or intervention to the issued, or the project is otherwise You may also register online at http:// Federal Energy Regulatory Commission, disposed of as provided in section 15 or www.ferc.gov/docs-filing/ 888 First Street NE, Washington, DC esubscription.asp to be notified via 20426. 1 Effective April 29, 2019, South Carolina Electric & Gas Company changed the company name to email of new filings and issuances Dominion Energy South Carolina, Inc. On July 29, 1 PJM Interconnection, L.L.C., 171 FERC ¶ 61,153 2019, the Commission approved the name change. 1 18 CFR 385.2001–2005 (2019). (2020) (‘‘May 21 Order’’). 168 FERC ¶ 62,053 (2019).

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43578 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

any other applicable section of the FPA. a. Application Type: Non-capacity may affect the responsibilities of a If the project’s prior license waived the License Amendment. particular resource agency, they must applicability of section 15 of the FPA, b. Project No: 2354–148. also serve a copy of the document on then, based on section 9(b) of the c. Date Filed: June 15, 2020. that resource agency. Administrative Procedure Act, 5 U.S.C. d. Applicant: Georgia Power k. Description of Request: Georgia 558(c), and as set forth at 18 CFR Company. Power Company (licensee) is requesting 16.21(a), if the licensee of such project e. Name of Project: North Georgia Commission approval to replace and has filed an application for a subsequent Project. upgrade two generating units in the license, the licensee may continue to f. Location: Savannah River basin on Mathis-Terrora powerhouse. The operate the project in accordance with the Tallulah, Chattooga, and Tugalo licensee proposes to refurbish the the terms and conditions of the license Rivers, in Rabun, Habersham, and turbines, replace the turbine runners, after the minor or minor part license Stephens counties, Georgia, and Oconee rewind the generators, and replace the expires, until the Commission acts on County, South Carolina. control room panels and intake trash g. Filed Pursuant to: Federal Power its application. If the licensee of such a racks. The proposal will not change any Act, 16 U.S.C. 791(a)–825(r). project has not filed an application for h. Applicant Contact: Courtenay project features or operations and will a subsequent license, then it may be O’Mara, Hydro Licensing & Compliance not impact water control capabilities of required, pursuant to 18 CFR 16.21(b), Supervisor, 241 Ralph McGill Boulevard the powerhouse. The unit modifications to continue project operations until the NE, BIN 10193, Atlanta, Georgia 30308– are expected to increase the generator Commission issues someone else a 3374, 404–506–7219, cromara@ rating for each unit by 2.4 megawatts license for the project or otherwise southernco.com. each and increase each unit’s efficiency. orders disposition of the project. i. FERC Contact: Aneela Mousam, The licensee does not anticipate any If the project is subject to section 15 (202) 502–8357, aneela.mousam@ environmental impacts as a result of the of the FPA, notice is hereby given that ferc.gov. proposed amendment. an annual license for Project No. 1894 j. Deadline for filing comments, l. Locations of the Application: In is issued to Dominion Energy South motions to intervene, and protests: addition to publishing the full text of Carolina, Inc. for a period effective July August 13, 2020. this document in the Federal Register, 1, 2020 through June 30, 2021, or until The Commission strongly encourages the Commission provides all interested the issuance of a new license for the electronic filing. Please file comments, persons an opportunity to view and/or project or other disposition under the motions to intervene, and protests using print the contents of this document via FPA, whichever comes first. If issuance the Commission’s eFiling system at the internet through the Commission’s of a new license (or other disposition) http://www.ferc.gov/docs-filing/ Home Page (http://www.ferc.gov) using does not take place on or before June 30, efiling.asp. Commenters can submit the ‘‘elibrary’’ link. Enter the docket 2021, notice is hereby given that, brief comments up to 6,000 characters, number excluding the last three digits in pursuant to 18 CFR 16.18(c), an annual without prior registration, using the the document field to access the license under section 15(a)(1) of the eComment system at http:// document. At this time, the Commission FPA is renewed automatically without www.ferc.gov/docs-filing/ has suspended access to the further order or notice by the ecomment.asp. You must include your Commission’s Public Reference Room, Commission, unless the Commission name and contact information at the end due to the proclamation declaring a orders otherwise. of your comments. For assistance, National Emergency concerning the If the project is not subject to section please contact FERC Online Support at Novel Coronavirus Disease (COVID–19), 15 of the FPA, notice is hereby given [email protected], (866) issued by the President on March 13, that Dominion Energy South Carolina, 208–3676 (toll free), or (202) 502–8659 2020. For assistance, contact FERC at Inc., is authorized to continue operation (TTY). In lieu of electronic filing, you [email protected] or call of the Parr Hydroelectric Project, until may submit a paper copy. Submissions toll-free, (886) 208–3673 or TYY, (202) such time as the Commission acts on its sent via the U.S. Postal Service must be 502–8659. Agencies may obtain copies application for a subsequent license. addressed to: Kimberly D. Bose, of the application directly from the Dated: July 13, 2020. Secretary, Federal Energy Regulatory applicant. Kimberly D. Bose, Commission, 888 First Street NE, Room m. Individuals desiring to be included Secretary. 1A, Washington, DC 20426. on the Commission’s mailing list should so indicate by writing to the Secretary [FR Doc. 2020–15485 Filed 7–16–20; 8:45 am] Submissions sent via any other carrier must be addressed to: Kimberly D. Bose, of the Commission. BILLING CODE 6717–01–P Secretary, Federal Energy Regulatory n. Comments, Protests, or Motions to Commission, 12225 Wilkins Avenue, Intervene: Anyone may submit DEPARTMENT OF ENERGY Rockville, Maryland 20852. The first comments, a protest, or a motion to page of any filing should include docket intervene in accordance with the Federal Energy Regulatory number P–2354–148. Comments requirements of Rules of Practice and Commission emailed to Commission staff are not Procedure, 18 CFR 385.210, .211, .214, considered part of the Commission respectively. In determining the [Project No. 2354–148] record. appropriate action to take, the Georgia Power Company; Notice of The Commission’s Rules of Practice Commission will consider all protests or Application Accepted for Filing and and Procedure require all intervenors other comments filed, but only those Soliciting Comments, Motions To filing documents with the Commission who file a motion to intervene in Intervene, and Protests to serve a copy of that document on accordance with the Commission’s each person whose name appears on the Rules may become a party to the Take notice that the following official service list for the project. proceeding. Any comments, protests, or hydroelectric application has been filed Further, if an intervenor files comments motions to intervene must be received with the Commission and is available or documents with the Commission on or before the specified comment date for public inspection: relating to the merits of an issue that for the particular application.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43579

o. Filing and Service of Documents: ACTION: Notice of information collection comments and issuances in this docket Any filing must (1) bear in all capital and request for comments. may do so at http://www.ferc.gov/docs- letters the title ‘‘COMMENTS’’, filing/docs-filing.asp. SUMMARY: In compliance with the ‘‘PROTEST’’, or ‘‘MOTION TO FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act of 1995, the INTERVENE’’ as applicable; (2) set forth Ellen Brown may be reached by email in the heading the name of the applicant Federal Energy Regulatory Commission (Commission or FERC) is soliciting at [email protected] and and the project number of the telephone at (202) 502–8663. application to which the filing public comment on its request to extend SUPPLEMENTARY INFORMATION: responds; (3) furnish the name, address, a currently approved information and telephone number of the person collection, FERC–588 (Emergency Title: FERC–588 (Emergency Natural commenting, protesting or intervening; Natural Gas Transportation, Sale, and Gas Transportation, Sale, and Exchange and (4) otherwise comply with the Exchange Transactions). Transactions). requirements of 18 CFR 385.2001 DATES: Comments on the collection of OMB Control No.: 1902–0144. through 385.2005. All comments, information are due September 15, Type of Request: Three-year extension motions to intervene, or protests must 2020. of the FERC–588 information collection set forth their evidentiary basis. Any ADDRESSES: You may submit comments requirements with no changes to the filing made by an intervenor must be (identified by Docket No. IC20–22–000) current reporting and recordkeeping accompanied by proof of service on all by any of the following methods: requirements. persons listed in the service list • eFiling at Commission’s Website: Abstract: FERC–588 is an existing prepared by the Commission in this http://www.ferc.gov/docs-filing/ information collection consisting of proceeding, in accordance with 18 CFR efiling.asp filing requirements and notice 385.2010. • U.S. Postal Service Mail: Persons procedures at 18 CFR 157.17 and Dated: July 13, 2020. unable to file electronically may mail 284.270. These regulations pertain to non-jurisdictional companies’ assistance Kimberly D. Bose, similar pleadings to the Federal Energy in natural gas emergency circumstances. Secretary. Regulatory Commission, 888 First Street NE, Washington, DC 20426. The non-jurisdictional companies that [FR Doc. 2020–15483 Filed 7–16–20; 8:45 am] • Effective 7/1/2020, delivery of assist in such emergency transactions BILLING CODE 6717–01–P filings other than by eFiling or the U.S. must file information with the Postal Service should be delivered to Commission under 18 CFR 284.270, so that the Commission may ensure DEPARTMENT OF ENERGY Health and Human Services, 12225 Wilkins Avenue, Rockville, Maryland compliance with relevant legal Federal Energy Regulatory 20852. requirements. An interstate pipeline Commission Instructions: All comments must be that seeks an emergency certificate for formatted and filed in accordance with facilities must file an application under submission guidelines at: http:// 18 CFR 157.17. [Docket No. IC20–22–000] www.ferc.gov. For user assistance, Types of Respondent: Providers and Commission Information Collection contact FERC Online Support by email recipients of assistance in natural gas Activities (FERC–588); Comment at [email protected], or by emergency circumstances. 1 Request; Extension phone at: (866) 208–3676 (toll-free). Estimate of Annual Burden: The Docket: Users interested in receiving Commission estimates the total annual AGENCY: Federal Energy Regulatory automatic notification of activity in this burden and cost 2 for this information Commission, DOE. docket or in viewing/downloading collection in the following table:

Annual Number of number of Total Average hour burden and Total annual hour burden respondents responses per number of cost per response and cost respondent responses

A B C D E (Col. A × Col. B) (Col. C × Col. D)

10 3 30 10 hrs; $830 ...... 300 hrs.; $24,900.

Comments: Comments are invited on: the methodology and assumptions used; Dated: July 13, 2020. (1) Whether the collection of (3) ways to enhance the quality, utility Kimberly D. Bose, information is necessary for the proper and clarity of the information collection; Secretary. performance of the functions of the and (4) ways to minimize the burden of [FR Doc. 2020–15481 Filed 7–16–20; 8:45 am] Commission, including whether the the collection of information on those BILLING CODE 6717–01–P information will have practical utility; who are to respond, including the use (2) the accuracy of the agency’s estimate of automated collection techniques or of the burden and cost of the collection other forms of information technology. of information, including the validity of

1 ‘‘Burden’’ is the total time, effort, or financial of what is included in the information collection benefits. Therefore, we are using $83.00 per hour resources expended by persons to generate, burden, refer to 5 CFR 1320.3. in this calculation. That is the current average maintain, retain, or disclose or provide information 2 The Commission staff believes that industry is hourly cost, for wages plus benefits, for one FERC to or for a Federal agency. For further explanation similarly situated in terms of cost for wages and full-time equivalent.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43580 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

ENVIRONMENTAL PROTECTION Environmental Impact Statement, FOR FURTHER INFORMATION CONTACT: AGENCY Comment Period Ends: 08/19/2020, Peter Felitti, Assoc. Regional Counsel, Contact: Justine Woodward 757–201– EPA, Office of Regional Counsel, Region [ER–FRL–9051–8] 7728. 5, 77 W Jackson Blvd., C–14J, Chicago, Environmental Impact Statements; Revision to FR Notice Published 6/5/ Illinois 60604 or (312) 886–5114. Notice of Availability 2020; Extending the Comment Period SUPPLEMENTARY INFORMATION: The from 7/20/2020 to 8/19/2020. settlement includes a covenant not to Responsible Agency: Office of Federal Dated: July 13, 2020. sue the Settling Party pursuant to the Activities, General Information 202– Cindy S. Barger, Sections 106 and 107(a) of the 564–5632 or https://www.epa.gov/nepa. Director, NEPA Compliance Division, Office Comprehensive Environmental Weekly receipt of Environmental Impact of Federal Activities. Response, Compensation, and Liability Statements (EIS) [FR Doc. 2020–15444 Filed 7–16–20; 8:45 am] Act, or the Resource Conservation and Recovery Act, with respect to the Filed July 6, 2020, 10 a.m. EST Through BILLING CODE 6560–50–P July 13, 2020, 10 a.m. EST Existing Contamination at the Property. Pursuant to 40 CFR 1506.9. Existing Contamination is defined as ENVIRONMENTAL PROTECTION any hazardous substances, pollutants, Notice AGENCY contaminants or Waste material: (1) Present or existing on or under the Section 309(a) of the Clean Air Act [10011–54–Region 5] requires that EPA make public its Property as of the Effective Date of the comments on EISs issued by other Proposed Prospective Purchaser Settlement Agreement; (2) that migrated Federal agencies. EPA’s comment letters Agreement for a Portion of the Delco from the Property prior to the Effective on EISs are available at: https:// Chassis Industrial Land I & II Site in Date of the Settlement Agreement; and cdxnodengn.epa.gov/cdx-enepa-public/ Livonia, Michigan (3) presently at the Property that action/eis/search. migrates onto, on, under, or from the EIS No. 20200137, Final, USFS, OR, AGENCY: Environmental Protection Property after the Effective Date of the Shasta Agness Landscape Restoration Agency (EPA). Settlement Agreement. For thirty (30) Project, Review Period Ends: 08/31/ ACTION: Notice; request for public days following the date of publication of 2020, Contact: Michelle Calvert 541– comment. this notice, the Agency will receive 471–6788. written comments relating to the SUMMARY: In accordance with the settlement. The Agency will consider all EIS No. 20200140, Final, FERC, CA, Don Prospective Purchaser Agreement, Pedro Hydroelectric Project and La comments received and may modify or notice is hereby given of a proposed withdraw its consent to the settlement Grange Hydroelectric Project, Review administrative settlement concerning a Period Ends: 08/17/2020, Contact: if comments received disclose facts or portion of the Delco Chassis Industrial considerations which indicate that the Office of External Affairs 866–208– Land I & II Site (Property) in Livonia, 3372. settlement is inappropriate, improper, Michigan with the following Settling or inadequate. The Agency’s response to EIS No. 20200141, Final Supplement, Party: Livonia West Commerce Center 2, USAF, TT, Tinian Divert any comments will be available for LLC. The settlement requires the public inspection at the EPA, Region 5, Infrastructure Improvements, Settling Party to, if necessary, execute Commonwealth of the Northern Records Center, 77 W Jackson Blvd., 7th and record a Declaration of Restrictive Fl., Chicago, Illinois 60604. Commenters Mariana Islands, Review Period Ends: Covenant; provide EPA access to the 08/17/2020, Contact: Julianne Turko may request an opportunity for a public Property, exercise due care with respect hearing in the affected area, pursuant to 210–925–3777. to existing contamination on the EIS No. 20200142, Draft, GSA, CA, Chet Section 7003(d) of RCRA. Property, and not interfere with the on- The Settling Party proposes to acquire Holifield Federal Building, Comment going environmental work at the Period Ends: 08/31/2020, Contact: ownership of a portion of the Delco Property that is being conducted by the Chassis Industrial Land I & II Site in Osmahn Kadri 415–522–3617. Revitalizing Auto Communities EIS No. 20200143, Final, USACE, IL, Livonia, Michigan. The Site is one of the Environmental Response (RACER) 89 sites that were placed into an Chicago Area Waterway System Trust. Dredged Material Management Plan, Environmental Response Trust (the Review Period Ends: 08/17/2020, DATES: Comments must be submitted on ‘‘Trust’’) administrated by RACER as a Contact: Alex Hoxsie 312–846–5587. or before August 17, 2020. result of the resolution of the 2009 GM EIS No. 20200144, Draft, MARAD, CA, ADDRESSES: The proposed settlement is bankruptcy. Port of Long Beach Pier B On-Dock available for public inspection at the Douglas Ballotti, EPA, Region 5, Records Center, 77 W Rail Support Facility Project, Director, Superfund & Emergency Comment Period Ends: 08/31/2020, Jackson Blvd., 7th Fl., Chicago, Illinois Management Division. 60604. A copy of the proposed Contact: Alan Finio 202–366–8024. [FR Doc. 2020–15015 Filed 7–16–20; 8:45 am] EIS No. 20200145, Final, NOAA, FL, settlement may be obtained from Peter BILLING CODE 6560–50–P Coral Reef Conservation Program Felitti, Assoc. Regional Counsel, EPA, Final Programmatic Environmental Office of Regional Counsel, Region 5, 77 Impact Statement, Review Period W Jackson Blvd., mail code: C–14J, FEDERAL RESERVE SYSTEM Ends: 08/17/2020, Contact: Elizabeth Chicago, Illinois 60604. Comments Fairey 301–427–8632. should reference the Delco Chassis Change in Bank Control Notices; Industrial Land I & II Site in Livonia, Amended Notice Acquisitions of Shares of a Bank or Michigan and should be addressed to Bank Holding Company EIS No. 20200112, Draft, USACE, FL, Peter Felitti, Assoc. Regional Counsel, Miami-Dade Back Bay Coastal Storm EPA, Office of Regional Counsel, Region The notificants listed below have Risk Management Draft Integrated 5, 77 W Jackson Blvd., mail code: C–14J, applied under the Change in Bank Feasibility Report and Programmatic Chicago, Illinois 60604. Control Act (Act) (12 U.S.C. 1817(j)) and

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43581

§ 225.41 of the Board’s Regulation Y (12 DEPARTMENT OF HEALTH AND To obtain copies of a supporting CFR 225.41) to acquire shares of a bank HUMAN SERVICES statement and any related forms for the or bank holding company. The factors proposed collection(s) summarized in that are considered in acting on the Centers for Medicare & Medicaid this notice, you may make your request applications are set forth in paragraph 7 Services using one of following: of the Act (12 U.S.C. 1817(j)(7)). 1. Access CMS’ website address at [Document Identifier CMS–10558 and CMS– https://www.cms.gov/Regulations-and- 10393] The public portions of the Guidance/Legislation/Paperwork applications listed below, as well as Agency Information Collection ReductionActof1995/PRA-Listing.html. other related filings required by the 2. Email your request, including your Board, if any, are available for Activities: Proposed Collection; Comment Request address, phone number, OMB number, immediate inspection at the Federal and CMS document identifier, to Reserve Bank(s) indicated below and at AGENCY: Centers for Medicare & [email protected]. the offices of the Board of Governors. Medicaid Services, HHS. 3. Call the Reports Clearance Office at This information may also be obtained ACTION: Notice. (410) 786–1326. on an expedited basis, upon request, by FOR FURTHER INFORMATION CONTACT: contacting the appropriate Federal SUMMARY: The Centers for Medicare & William N. Parham at (410) 786–4669. Reserve Bank and from the Board’s Medicaid Services (CMS) is announcing SUPPLEMENTARY INFORMATION: Freedom of Information Office at an opportunity for the public to https://www.federalreserve.gov/foia/ comment on CMS’ intention to collect Contents request.htm. Interested persons may information from the public. Under the This notice sets out a summary of the express their views in writing on the Paperwork Reduction Act of 1995 (the use and burden associated with the standards enumerated in paragraph 7 of PRA), federal agencies are required to following information collections. More the Act. publish notice in the Federal Register detailed information can be found in concerning each proposed collection of Comments regarding each of these each collection’s supporting statement information (including each proposed and associated materials (see applications must be received at the extension or reinstatement of an existing ADDRESSES). Reserve Bank indicated or the offices of collection of information) and to allow CMS–10558 Information Collection for the Board of Governors, Ann E. 60 days for public comment on the Misback, Secretary of the Board, 20th Machine Readable Data for Provider proposed action. Interested persons are Network and Prescription Formulary Street and Constitution Avenue NW, invited to send comments regarding our Content for FFM QHPs Washington DC 20551–0001, not later burden estimates or any other aspect of CMS–10393 Beneficiary and Family than August 3, 2020. this collection of information, including Centered Data Collection the necessity and utility of the proposed A. Federal Reserve Bank of St. Louis Under the PRA (44 U.S.C. 3501– information collection for the proper (David L. Hubbard, Senior Manager) 3520), federal agencies must obtain performance of the agency’s functions, P.O. Box 442, St. Louis, Missouri approval from the Office of Management the accuracy of the estimated burden, 63166–2034. Comments can also be sent and Budget (OMB) for each collection of ways to enhance the quality, utility, and electronically to information they conduct or sponsor. clarity of the information to be [email protected]: The term ‘‘collection of information’’ is collected, and the use of automated defined in 44 U.S.C. 3502(3) and 5 CFR 1. Roy Molitor Ford, Jr. (Mott), as a collection techniques or other forms of 1320.3(c) and includes agency requests member of the Ford Family Control information technology to minimize the or requirements that members of the Group; Price D. Ford, individually, as a information collection burden. public submit reports, keep records, or member of the Ford Family Control DATES: Comments must be received by Group, and as trustee of the Price and provide information to a third party. September 15, 2020. Section 3506(c)(2)(A) of the PRA Minta Ford Living Trust; and Minta ADDRESSES: When commenting, please requires federal agencies to publish a Ford, as a member of the Ford Family reference the document identifier or 60-day notice in the Federal Register Control Group and as trustee of the OMB control number. To be assured concerning each proposed collection of Price and Minta Ford Living Trust, all of consideration, comments and information, including each proposed Memphis, Tennessee; to retain voting recommendations must be submitted in extension or reinstatement of an existing shares of Commercial Holding any one of the following ways: collection of information, before Company, Inc., Paris, Tennessee. 1. Electronically. You may send your submitting the collection to OMB for Board of Governors of the Federal Reserve comments electronically to http:// approval. To comply with this System, July 13, 2020. www.regulations.gov. Follow the requirement, CMS is publishing this Michele Taylor Fennell, instructions for ‘‘Comment or notice. Submission’’ or ‘‘More Search Options’’ Assistant Secretary of the Board. to find the information collection Information Collection [FR Doc. 2020–15443 Filed 7–16–20; 8:45 am] document(s) that are accepting 1. Type of Information Collection BILLING CODE P comments. Request: Extension of a currently 2. By regular mail. You may mail approved collection; Title of written comments to the following Information Collection: Information address: CMS, Office of Strategic Collection for Machine Readable Data Operations and Regulatory Affairs, for Provider Network and Prescription Division of Regulations Development, Formulary Content for FFM QHPs; Use: Attention: Document Identifier/OMB Under 45 CFR 156.122(d)(1)(2), Control Number llll, Room C4–26– 156.230(b), and 156.230(c), and in the 05, 7500 Security Boulevard, Baltimore, final rule, Patient Protection and Maryland 21244–1850. Affordable Care Act; HHS Notice of

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43582 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

Benefit and Payment Parameters for Total Annual Hours: 2,191. (For policy Section 1865(a)(1) of the Act provides 2018 (CMS–9934–F), standards for questions regarding this collection, that, if a provider entity demonstrates qualified health plan (QHP) issuers contact David Russo at 617–565–1310.) through accreditation by a Centers for (including Small Business Health August 21, 2020, Dated: July 14, 2020. Medicare & Medicaid Services (CMS)- Options Program (SHOP) issuers and William N. Parham, III, approved national accrediting stand-alone dental plans (SADP) organization (AO) that all applicable Director, Paperwork Reduction Staff, Office issuers) are established for the of Strategic Operations and Regulatory Medicare requirements are met or submission of provider and formulary Affairs. exceeded, we will deem those provider data in a machine-readable format to the [FR Doc. 2020–15541 Filed 7–16–20; 8:45 am] entities as having met such Department of Health and Human requirements. Accreditation by an AO is BILLING CODE 4120–01–P Services (HHS) and for posting on issuer voluntary and is not required for websites. These standards provide Medicare participation. greater transparency for consumers, DEPARTMENT OF HEALTH AND If an AO is recognized by the including by allowing software HUMAN SERVICES Secretary of the Department of Health developers to access formulary and and Human Services (the Secretary) as provider data to create innovative and Centers for Medicare & Medicaid having standards for accreditation that informative tools. The Centers for Services meet or exceed Medicare requirements, Medicare and Medicaid Services (CMS) any provider entity accredited by the is continuing an information collection [CMS–3391–FN] national accrediting body’s approved request (ICR) in connection with these Medicare and Medicaid Programs; program would be deemed to meet the standards. Form Number: CMS–10558 Application From the Joint Medicare requirements. A national AO (OMB control number 0938–1284); Commission for Continued Approval of applying for approval of its Frequency: Annually; Affected Public: its Hospital Accreditation Program accreditation program under part 488, Private Sector, State, Business, and Not- subpart A, must provide CMS with for Profits; Number of Respondents: 376; AGENCY: Centers for Medicare & reasonable assurance that the AO Number of Responses: 376; Total Medicaid Services (CMS), HHS. requires the accredited provider entities Annual Hours: 10,495. For questions ACTION: Final notice. to meet requirements that are at least as regarding this collection, contact Joshua stringent as the Medicare requirements. Van Drei at 410–786–1659. SUMMARY: This final notice announces Our regulations concerning the approval 2. Type of Information Collection our decision to approve The Joint of AOs are set forth at §§ 488.4, 488.5, Request: Extension of a previously Commission (TJC) for continued and 488.5(e)(2)(i). The regulations at approved collection; Title of recognition as a national accrediting § 488.5(e)(2)(i) require AOs to reapply Information Collection: Beneficiary and organization for hospitals that wish to for continued approval of its Family Centered Data Collection; Use: participate in the Medicare or Medicaid accreditation program every 6 years or To ensure the QIOs are effectively programs. sooner, as determined by CMS. meeting their goals, CMS collects DATES: The decision announced in this The Joint Commission’s current term information about beneficiary notice is effective on July 15, 2020, of approval for their hospital experience receiving support from the through July 15, 2022. accreditation program expires July 15, QIOs. The information collection uses FOR FURTHER INFORMATION CONTACT: 2020. both qualitative and quantitative Caecilia Blondiaux, (410) 786–2190. II. Application Approval Process strategies to ensure CMS and the QIOs SUPPLEMENTARY INFORMATION: understand beneficiary experiences Section 1865(a)(3)(A) of the Act through all interactions with the QIO I. Background provides a statutory timetable to ensure including initial contact, interim Under the Medicare program, eligible that our review of applications for CMS- interactions, and case closure. beneficiaries may receive covered approval of an accreditation program is Information collection instruments are services from a hospital provided conducted in a timely manner. The Act tailored to reflect the steps in each type certain requirements are met. Section provides us 210 days after the date of of process, as well as the average time 1861(e) of the Social Security Act (the receipt of a complete application, with it takes to complete each process. The Act), establish distinct criteria for any documentation necessary to make information collection will: facilities seeking designation as a the determination, to complete our • Allow beneficiaries to directly hospital. Regulations concerning survey activities and application provide feedback about the services they provider agreements are at 42 CFR part process. Within 60 days after receiving receive under the QIO program; 489 and those pertaining to activities a complete application, we must • Provide quality improvement data relating to the survey and certification publish a notice in the Federal Register for QIOs to improve the quality of of facilities are at 42 CFR part 488. The that identifies the national accrediting service delivered to Medicare regulations at 42 CFR part 482 specify body making the request, describes the beneficiaries; and the minimum conditions that a hospital request, and provides no less than a 30- • Provide evaluation metrics for CMS must meet to participate in the Medicare day public comment period. At the end to use in assessing performance of QIO program. of the 210-day period, we must publish contractors. Generally, to enter into an agreement, a notice in the Federal Register To achieve the above goals, a hospital must first be certified by a approving or denying the application. information collection will include: state survey agency (SA) as complying Experience survey, direct follow-up and with the conditions or requirements set III. Provisions of the Proposed Notice general feedback web survey. Form forth in part 482 of our regulations. On February 18, 2020, we published Number: CMS–10393 (OMB control Thereafter, the hospital is subject to a proposed notice in the Federal number: 0938–1177); Frequency: Once; regular surveys by a SA to determine Register (85 FR 8874), announcing TJC’s Affected Public: Individuals or whether it continues to meet these request for continued approval of its households; Number of Respondents: requirements. There is an alternative; Medicare hospital accreditation 9,100; Number of Responses: 9,100; however, to surveys by SAs. program. In the February 18, 2020

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43583

proposed notice, we detailed our ++ Obtain TJC’s agreement to provide Code (HCFC) NFPA Health Care evaluation criteria. Under section CMS with a copy of the most current Facilities Code (NFPA 99) (2012 1865(a)(2) of the Act and in our accreditation survey together with any edition). regulations at § 488.5, we conducted a other information related to the survey ++ Section 482.57(b)(1), to review of TJC’s Medicare hospital as we may require, including corrective incorporate language related to written accreditation application in accordance action plans. documentation requirements for personnel qualified to perform specific with the criteria specified by our IV. Analysis of and Responses to Public respiratory care procedures and the regulations, which include, but are not Comments on the Proposed Notice limited to the following: amount of supervision required for • An onsite administrative review of In accordance with section personnel to carry out such procedures. TJC’s: (1) Corporate policies; (2) 1865(a)(3)(A) of the Act, the February ++ Glossary adjustment to financial and human resources available 18, 2020 proposed notice also solicited incorporate language to include the to accomplish the proposed surveys; (3) public comments regarding whether caregiver or support person within the procedures for training, monitoring, and TJC’s requirements met or exceeded the definition of family member. evaluation of its hospital surveyors; (4) Medicare CoPs for hospitals. No In addition to the standards review, ability to investigate and respond comments were received in response to CMS also reviewed TJC’s comparable appropriately to complaints against our proposed notice. survey processes, which were accredited hospitals; and (5) survey V. Provisions of the Final Notice conducted as described in section III. of review and decision-making process for this final notice, and yielded the accreditation. A. Differences Between TJC’s Standards following areas where, as of the date of • The comparison of TJC’s Medicare and Requirements for Accreditation and this notice, TJC has completed revising hospital accreditation program Medicare Conditions and Survey its survey processes in order to standards to our current Medicare Requirements demonstrate that it uses survey hospital conditions of participation We compared TJC’s hospital processes that are comparable to state (CoPs). accreditation requirements and survey survey agency processes by: • A documentation review of TJC’s process with the Medicare CoPs of parts ++ Providing additional clarity to the survey process to do the following: 482, and the survey and certification how TJC determines the size and ++ Determine the composition of the process requirements of parts 488 and composition of the organization’s survey survey team, surveyor qualifications, 489. Our review and evaluation of TJC’s teams for hospitals as required under and TJC’s ability to provide continuing hospital application, which were § 488.5(a)(5) including Life Safety Code surveyor training. conducted as described in section III. of (LSC) surveyors. ++ Compare TJC’s processes to those this final notice, yielded the following ++ Modifying TJC’s accreditation we require of state survey agencies, areas where, as of the date of this notice, award letter to facilities to remove the including periodic resurvey and the TJC has completed revising its standards term ‘‘lengthen’’ to eliminate potential ability to investigate and respond and certification processes in order to— conflict as it relates to survey cycle appropriately to complaints against TJC- • Meet the standard’s requirements of length not to exceed 36 months, as accredited hospitals. all of the following regulations: survey cycles for deeming purposes do ++ Evaluate TJC’s procedures for ++ Section 482.21(b)(2)(i), to not exceed this timeframe. monitoring accredited hospitals it has incorporate language related to using ++ Adding references to the 2012 found to be out of compliance with patient care data to monitor the edition of the (NFPA) Health Care TJC’s program requirements. (This effectiveness and safety of services and Facilities Code (NFPA 99) within its pertains only to monitoring procedures quality of care. Accreditation Process and Surveyor when TJC identifies non-compliance. If ++ Section 482.22(c)(5)(ii), to include Activity Guide. noncompliance is identified by a SA comparable language, which requires ++ Providing clarification to its through a validation survey, the SA that the updated examination of the Surveyor Activity Guide indicating that monitors corrections as specified at patient including any changes in the the 2012 edition of the NFPA Life Safety § 488.9(c)). patient’s condition be completed and Code and NFPA 99 applies at hospital ++ Assess TJC’s ability to report documented by a physician (as defined outpatient surgical departments, deficiencies to the surveyed hospitals in section 1861(r) of the Act), an regardless of the number of patients and respond to the hospitals plan of oromaxillofacial surgeon, or other served. correction in a timely manner. qualified licensed individual in ++ Providing clarification to its ++ Establish TJC’s ability to provide accordance with State law and hospital Surveyor Activity Guide indicating that CMS with electronic data and reports policy. surveys must consider all hospital necessary for effective validation and ++ Section 482.23(c)(6)(i)(A), to provider-based locations. assessment of the organization’s survey address patients’ self-administration of ++ Requiring additional training for process. hospital-issued medications that may be TJC’s surveyors and adjusting TJC’s ++ Determine the adequacy of TJC’s allowed by a hospital pursuant to a survey processes as they relate to off-site staff and other resources. practitioner’s order (specifically to locations, to include surveying for LSC ++ Confirm TJC’s ability to provide incorporate a comparable standard to and other Physical Environment adequate funding for performing ensure that a practitioner responsible for standards. required surveys. the care of the patient has issued an ++ Making adjustments to TJC’s ++ Confirm TJC’s policies with order, consistent with hospital policy, survey processes as they relate to respect to surveys being unannounced. permitting such self-administration of leading and probing questions during ++ Confirm TJC’s policies and medications). interviews. procedures to avoid conflicts of interest, ++ Section 482.26(d)(2), to address ++ Making adjustments to TJC’s including the appearance of conflicts of timeframes related to records retention survey processes as they relate to interest, involving individuals who of accredited hospitals. providing a setting, which promotes conduct surveys or participate in ++ Section 482.41(c)(2), to include ease of sharing information with accreditation decisions. reference to the Healthcare Facilities surveyors during interviews, in

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43584 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

particular placing restrictions on TJC’s survey processes to those of CMS, DEPARTMENT OF HEALTH AND interviewing staff in front of first line as well as what CMS has observed of HUMAN SERVICES supervisors. TJC’s performance on the survey ++ Requiring additional training for observation. Some of these concerns Centers for Medicare & Medicaid surveyors and making modifications stem from the level of detail TJC Services instructing surveyors regarding the level provides in the daily briefings it [Document Identifier CMS–10396] of detail provided to the facility during provides to facilities, as well as TJC’s TJC’s daily briefing, to ensure it does processes surrounding its staff interview Agency Information Collection not change the integrity of the survey practices. Additionally, we are Activities: Submission for OMB process. concerned about TJC’s review of Review; Comment Request ++ Requiring additional training for medical records and surveying off-site TJC’s surveyors and adjusting TJC’s AGENCY: Centers for Medicare & locations, in particular for the Physical survey processes as they relate to in- Medicaid Services, HHS. Environment condition of participation. depth review of medical records. ACTION: Notice. Based on these observations and review ++ Making modifications to TJC’s SUMMARY: The Centers for Medicare & survey processes as they relate to the of TJC’s processes as discussed at section V.A. (Differences Between TJC’s Medicaid Services (CMS) is announcing ‘‘Governing Body’’ Condition of an opportunity for the public to Participation (§ 482.12). Specifically: Standards and Requirements for Accreditation and Medicare Conditions comment on CMS’ intention to collect — Clarifications to TJC’s governing body and Survey Requirements), we remain information from the public. Under the Tracer and Leadership sessions, as Paperwork Reduction Act of 1995 concerned about the thoroughness of they relate to discussion-based (PRA), federal agencies are required to investigation techniques and record review conducted within the facilities. publish notice in the Federal Register reviews. While TJC has taken action based on the concerning each proposed collection of — Determinations of deficiencies and findings annotated in section V.A., as information, including each proposed TJC’s preliminary decision making authorized under § 488.8, we will extension or reinstatement of an existing processes, such as determining the continue ongoing review of TJC’s survey collection of information, and to allow severity of deficiencies, and TJC’s processes across all their approved a second opportunity for public process for citing the governing body accrediting programs to ensure that all comment on the notice. Interested based on the deficiencies found at a our recommended changes have been persons are invited to send comments facility. implemented. In keeping with CMS’s regarding the burden estimate or any — Citing the governing body for initiative to increase AO oversight, and other aspect of this collection of deficiencies within a facility’s ensure that our requested revisions by information, including the necessity and physical environment based on the TJC are complied with, CMS expects utility of the proposed information severity of deficiencies. more frequent review of TJC’s activities collection for the proper performance of ++ Clarifying timeframes for Plans of to avoid any continued inconsistencies. the agency’s functions, the accuracy of Corrections to be submitted by the the estimated burden, ways to enhance facility to TJC and TJC’s performance of VI. Collection of Information and the quality, utility, and clarity of the Evidence of Standard Compliance (ESC) Regulatory Impact Statement information to be collected, and the use of automated collection techniques or processes, as well as onsite follow up This document does not impose surveys as part of TJC’s ESC survey other forms of information technology to information collection requirements. minimize the information collection activities. Consequently, there is no need for ++ Modifying TJC’s survey process burden. review by the Office of Management and related to providing each patient in the DATES: Comments on the collection(s) of Budget under the authority of the sample a unique identifier in deficiency information must be received by the Paperwork Reduction Act of 1995 (44 reports and for TJC surveyors to have OMB desk officer by August 17, 2020. U.S.C. 3501 et seq.). In accordance with appropriate identifiable information on ADDRESSES: Written comments and the provisions of Executive Order a separate identifier list which can be recommendations for the proposed 12866, this regulation was not reviewed provided to the facility upon exit. information collection should be sent ++ Clarifying and providing by the Office of Management and within 30 days of publication of this additional training to surveyors related Budget. notice to www.reginfo.gov/public/do/ to survey processes and procedures for The Administrator of the Centers for PRAMain. Find this particular review of credentialing and human Medicare & Medicaid Services (CMS), information collection by selecting resources and or personnel file reviews. Seema Verma, having reviewed and ‘‘Currently under 30-day Review—Open B. Term of Approval approved this document, authorizes for Public Comments’’ or by using the Evell J. Barco Holland, who is the search function. Based on our review and observations Federal Register Liaison, to To obtain copies of a supporting described in section III. and section V. electronically sign this document for statement and any related forms for the of this final notice, we approve TJC as purposes of publication in the Federal proposed collection(s) summarized in a national accreditation organization for Register. this notice, you may make your request hospitals that request participation in using one of following: the Medicare program. The decision Dated: July 15, 2020. 1. Access CMS’ website address at announced in this final notice is Evell J. Barco Holland, https://www.cms.gov/Regulations-and- effective July 15, 2020 through July 15, Federal Register Liaison, Department of Guidance/Legislation/Paperwork 2022 (2 years). In accordance with Health and Human Services. ReductionActof1995/PRA-Listing.html. § 488.5(e)(2)(i) the term of the approval [FR Doc. 2020–15599 Filed 7–15–20; 4:15 pm] 2. Email your request, including your will not exceed 6 years. This shorter address, phone number, OMB number, BILLING CODE 4120–01–P term of approval is based on our and CMS document identifier, to concerns related to the comparability of [email protected].

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43585

3. Call the Reports Clearance Office at Format must comply with applicable Administration, 330 C St. SW, (410) 786–1326. industry standards for medication Washington, DC 20201, (202) 795–7790. FOR FURTHER INFORMATION CONTACT: therapy management and electronic data SUPPLEMENTARY INFORMATION: This William Parham at (410) 786–4669. interchange, and should enable CMR notice amends Part K of the Statement SUPPLEMENTARY INFORMATION: Under the data elements to be captured for of Organization, Functions, and Paperwork Reduction Act of 1995 (PRA) clinical, reporting or measurement Delegations of Authority of the (44 U.S.C. 3501–3520), federal agencies purposes. Department of Health and Human must obtain approval from the Office of After a CMR is performed, the sponsor Services (HHS), Administration for Management and Budget (OMB) for each creates and sends a summary of the Children and Families (ACF) as follows: collection of information they conduct CMR to the beneficiary that includes a Chapter KP, Office of the Deputy or sponsor. The term ‘‘collection of medication action plan and personal Assistant Secretary for Administration information’’ is defined in 44 U.S.C. medication list using the Standardized (ODASA), as last amended at 83 FR 3502(3) and 5 CFR 1320.3(c) and Format. The information users are 24119–24122 (May 24, 2018): includes agency requests or beneficiaries or their authorized I. Under Chapter KP, Office of the requirements that members of the public representatives, caregivers, and their Deputy Assistant Secretary for submit reports, keep records, or provide healthcare providers as stated in this Administration, delete section KP.10 information to a third party. Section section. Form Number: CMS–10396 Organization in its entirety and replace 3506(c)(2)(A) of the PRA (44 U.S.C. (OMB control number: 0938–1154); with the following: 3506(c)(2)(A)) requires federal agencies Frequency: Yearly; Affected Public: KP.10 Organization. The Office of the to publish a 30-day notice in the State, Local, or Tribal Governments; Deputy Assistant Secretary for Federal Register concerning each Number of Respondents: 735; Total Administration is headed by the Deputy proposed collection of information, Annual Responses: 2,173,254; Total Assistant Secretary for Administration including each proposed extension or Annual Hours: 1,448,908. (For policy (DASA) who reports to the Assistant reinstatement of an existing collection questions regarding this collection Secretary for Children and Families. of information, before submitting the contact Victoria Dang at 410–786–3991.) The office is organized as follows: collection to OMB for approval. To Dated: July 14, 2020. • Office of the Deputy Assistant comply with this requirement, CMS is William N. Parham, III, Secretary for Administration (KPA) • publishing this notice that summarizes Director, Paperwork Reduction Staff, Office Office of Transformation, Business, the following proposed collection(s) of of Strategic Operations and Regulatory and Management (KPA) information for public comment: Affairs. • Office of Grants Policy (KPC) • 1. Type of Information Collection [FR Doc. 2020–15540 Filed 7–16–20; 8:45 am] Office of Grants Management (KPG) • Office of Diversity Management and Request: Extension without change of a BILLING CODE 4120–01–P currently approved collection; Title of Equal Employment Opportunity Information Collection: Medication (KPH) • Therapy Management Program DEPARTMENT OF HEALTH AND Office of the Chief Information Officer Improvements—Standardized Format; HUMAN SERVICES (KPI) Use: The Medicare Modernization Act • Office of Government Contracting of 2003 (MMA) under title 42 CFR part Administration for Children and Services (KPA) 423, subpart D, establishes the Families II. Under Chapter KP, Office of the requirements that Part D sponsors, an Deputy Assistant Secretary for organization which has one or more Realignment of the Office of the Administration, delete section KP.20 contract(s) with CMS to provide Part D Deputy Assistant Secretary for Functions, paragraph A in its entirety benefits to Medicare beneficiaries, must Administration and replace with the following: meet with regard to cost control and KP.20 Functions. A. The Office of the AGENCY: Administration for Children quality improvement including Deputy Assistant Secretary for and Families, HHS. requirements for medication therapy Administration (ODASA) directs and management (MTM) programs. MTM is ACTION: Notice; realignment of the Office coordinates all administrative activities a patient-centric and comprehensive of the Deputy Assistant Secretary for for the Administration for Children and approach to improve medication use, Administration. Families (ACF). The Deputy Assistant reduce the risk of adverse events, and Secretary for Administration serves as improve medication adherence. At SUMMARY: The Administration for ACF’s Chief Financial Officer; Chief minimum, a Part D sponsors’ MTM Children and Families (ACF) has Grants Management Officer; Federal program must offer to its enrollees an realigned functions under the Office of Manager’s Financial Integrity Act annual comprehensive medication the Deputy Assistant Secretary for (FMFIA) Management Control Officer; review with written summaries, Administration (ODASA). This Deputy Ethics Counselor; Personnel quarterly targeted medication reviews, realignment establishes the Office of Security Representative; and Reports and follow-up interventions for both Transformation, Business, and Clearance Officer. The Deputy Assistant beneficiaries and prescribers when Management; establishes the Office of Secretary for Administration serves as necessary. Government Contracting Services; the ACF liaison to the Office of the Information collected by Part D MTM realigns functions currently organized General Counsel and, as appropriate, programs as required by the under the Immediate Office, Office of initiates action in securing resolution of Standardized Format for the CMR Workforce Planning and Development, legal matters relating to management of summary, which is used by and Office of Financial Services; and the agency and represents the Assistant beneficiaries or their authorized renames the Office of Financial Services Secretary on all administrative litigation representatives, caregivers, and their to the Office of Grants Policy. matters. healthcare providers to improve FOR FURTHER INFORMATION CONTACT: Ben The Deputy Assistant Secretary for medication use and achieve better Goldhaber, Deputy Assistant Secretary Administration represents the Assistant healthcare outcomes. The Standardized for Administration, Office of Secretary in HHS and with other federal

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43586 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

agencies and task forces in defining Functions, paragraph C in its entirety grants administration and management. objectives and priorities, and in and replace with the following: The Office coordinates with the Office coordinating activities associated with C. The Office of Grants Policy (OGP) of Grants Policy on crosscutting issues. provides agency-wide guidance to federal reform initiatives. ODASA OGM provides agency-wide provides leadership of assigned ACF program and regional office staff on leadership and guidance to program special initiatives arising from grant related issues, including officials and staff on grants management Departmental, federal, and non-federal developing and interpreting grants related issues, including assisting in directives to improve service delivery to policy, coordinating strategic grants customers. The Deputy Assistant planning, facilitating policy advisory developing, implementing, and Secretary for Administration provides groups, and ensuring consistent grant evaluating program plans, strategies, day-to-day executive leadership and program announcements. The Office regulations, program announcements, direction to the Office of the Deputy prepares, coordinates, and disseminates guidelines, and procedures applicable to Assistant Secretary, Office of Grants action transmittals, information ACF discretionary, formula, entitlement, Policy, Office of Grants Management, memoranda, and other policy guidance and block grant programs. The Office Office of Diversity Management and on grants management issues; provides provides oversight and direction in the Equal Employment Opportunity, Office grants administration technical establishment of appropriate State and of the Chief Information Officer, and the assistance to ACF staff; and directs and/ grantee allocations. Office of Government Contracting or coordinates management initiatives OGM is responsible for directing the Services. The Office of the Deputy to improve financial administration of receipt and review of all competitive Assistant Secretary for Administration ACF mandatory and discretionary grant grant applications; developing proposals programs. OGP develops and consists of the Associate Deputy and/or coordinating management administers grants management training Assistant Secretary for Administration, initiatives to improve the efficiency of who provides executive leadership and for ACF program and grants staff, and both the financial administration and direction to the Office of administers grants management awarding of ACF discretionary, formula, Transformation, Business, and certification for ACF grants staff. The entitlement, and block grant programs; Management, and the Chief of Staff. Office serves as the centralized receipt point for grant applications, performs and developing procedures for the VI. Under Chapter KP, Office of the monitoring and review of ACF grant Deputy Assistant Secretary for initial application qualification reviews, provides standard guidance and training programs. The Office serves as the lead Administration, establish section KP.20 for ACF in coordination and liaison Functions, paragraph B, as follows: to ACF staff on recruiting grant reviewers and conducting grant panel with the Department, regional offices, B. The Office of Transformation, reviews, and oversees logistical support and other Federal agencies on grants Business, and Management (TBM) for program-led objective reviews. administration and management. directs and coordinates administrative III. Under Chapter KP, Office of III. Under Chapter KP, Office of activities for ACF and the Office of the Administration, KP.20 Functions, delete Deputy Assistant Secretary for Administration, KP.20 Functions, delete Paragraph D in its entirety. Paragraph H in its entirety. Administration, as well as provides V. Under Chapter KP, Office of the leadership of special initiatives to Deputy Assistant Secretary for VI. Under Chapter KP, Office of the improve service delivery to customers. Administration, delete section KP.20 Deputy Assistant Secretary for The Office supports the Deputy Functions, paragraph G in its entirety Administration, establish section KP.20 Assistant Secretary for Administration and replace with the following: Functions, paragraph K, as follows: in fulfilling ACF’s Chief Financial G. The Office of Grants Management K. The Office of Government Officer and FMFIA Management Control (OGM), led by the Associate Deputy Officer responsibilities, and conducts Contracting Services (OGCS) serves as Assistant Secretary for Grants, supports ACF’s centralized contracting office. Enterprise Risk Management and the Deputy Assistant Secretary for Program Integrity activities across ACF. OGCS analyzes ACF’s mission needs in Administration in fulfilling ACF’s Chief order to determine how best to utilize The Office provides cross-cutting Grants Management Officer procured services to achieve the services to support ACF’s human capital Responsibilities. The Office serves as agency’s strategic goals. The Office management, including organizational the principal office within ACF for prepares annual acquisition strategies and employee development activities; ensuring the business and financial facility, safety, security and emergency responsibilities of grants administration and specific acquisition plans, conducts management activities; and activities to are carried out. OGM provides direct market research, prepares support the DASA’s role as Deputy administration and management of ACF documentation, and provides Ethics Counselor. TBM carries out cross- discretionary, formula, entitlement, and centralized coordination and review to cutting activities to improve ACF block grants; directs all grants and support ACF contract awards. OGCS service delivery, including business cooperative agreements awarded by manages ACF’s acquisition certification process engineering and data analytics. ACF and ensures compliance with training programs and serves as the The Office manages operations for the applicable statutes, regulations, and central point of contact for the ACF Office of the Deputy Assistant Secretary policies; and performs audit resolutions. acquisition workforce. OGCS develops for Administration, including human The Office provides leadership and guidance and procedures, and ensures capital management, travel technical guidance to ACF program and compliance with applicable regulations, management, management operations regional Offices on grant operations and rules, and policies. and administration, and budget grants management issues. OGM functions. interprets and implements financial Linda K. Hitt, III. Under Chapter KP, Office of the policies, regulations, legislation, and Executive Secretariat Certifying Officer. Deputy Assistant Secretary for appropriations law, and secures [FR Doc. 2020–15517 Filed 7–16–20; 8:45 am] Administration, delete section KP.20 resolution of legal matters relating to BILLING CODE 4184–40–P

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43587

DEPARTMENT OF HEALTH AND olaratumab in combination with Administration, 10903 New Hampshire HUMAN SERVICES doxorubicin compared to doxorubicin Ave., Bldg. 32, Rm. 2208, Silver Spring, alone. In that letter, Eli Lilly waived its MD 20993–0002, 301–796–8892, or FDA Food and Drug Administration opportunity for a hearing. On February Advisory Committee Information Line, [Docket No. FDA–2020–N–1618] 25, 2020, the Agency issued a letter to 1–800–741–8138 (301–443–0572 in the Eli Lilly revoking the approval to Washington, DC area). A notice in the Eli Lilly and Co.; Announcement of the manufacture and market LARTRUVO Federal Register about last minute Revocation of the Biologics License (olaratumab) injection (BLA 761038). modifications that impact a previously for LARTRUVO Therefore, under § 601.5(a), the announced advisory committee meeting Agency revoked the BLA for cannot always be published quickly AGENCY: Food and Drug Administration, LARTRUVO (olaratumab) injection enough to provide timely notice. HHS. (BLA 761038), applicable as of February Therefore, you should always check the ACTION: Notice. 25, 2020. Agency’s website at https:// Dated: July 14, 2020. www.fda.gov/AdvisoryCommittees/ SUMMARY: The Food and Drug default.htm and scroll down to the Administration (FDA or Agency) is Lowell J. Schiller, Principal Associate Commissioner for Policy. appropriate advisory committee meeting announcing the revocation of the link, or call the advisory committee biologics license application (BLA) for [FR Doc. 2020–15516 Filed 7–16–20; 8:45 am] information line to learn about possible LARTRUVO (olaratumab) injection. Eli BILLING CODE 4164–01–P modifications before coming to the Lilly and Co. requested withdrawal meeting. (revocation) of the biologics license application and has waived its DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: opportunity for a hearing. HUMAN SERVICES Agenda: On August 18, 2020, the SAB Chair will welcome the participants, DATES: The BLA is revoked as of Food and Drug Administration and the NCTR Director will provide a February 25, 2020. [Docket No. FDA–2020–N–1647] Center-wide update on scientific FOR FURTHER INFORMATION CONTACT: initiatives and accomplishments during Kimberly Lehrfeld, Center for Drug Science Advisory Board to the the past year. The SAB will be Evaluation and Research, Food and National Center for Toxicological presented with an overview of the SAB Drug Administration, 10903 New Research Advisory Committee; Notice Subcommittee Site Visit Report and a Hampshire Ave., Bldg. 51, Rm. 6226, of Meeting response to this review. The Center for Silver Spring, MD 20993–0002, 301– Biologics Evaluation and Research, 796–3137. AGENCY: Food and Drug Administration, Center for Drug Evaluation and SUPPLEMENTARY INFORMATION: On HHS. Research, Center for Devices and October 19, 2016, FDA approved the ACTION: Notice. Radiological Health, Center for Food BLA for LARTRUVO (olaratumab) Safety and Applied Nutrition, Center for SUMMARY: The Food and Drug injection held by Eli Lilly and Co. (Eli Tobacco Products, and Office of Administration (FDA or Agency) Lilly), Lilly Corporate Center, Regulatory Affairs will each briefly announces a forthcoming public Indianapolis, IN 46285, indicated, in discuss their specific research strategic advisory committee meeting of the combination with doxorubicin, for the needs and potential areas of Science Advisory Board (SAB) to the treatment of adult patients with soft collaboration. National Center for Toxicological tissue sarcoma with a histologic subtype On August 19, 2020, there will be Research (NCTR). The general function for which an anthracycline-containing updates from the NCTR Research of the committee is to provide advice regimen is appropriate and which is not Divisions and a public comment and recommendations to the Agency on amenable to curative treatment with session. Following an open discussion research being conducted at the NCTR. radiotherapy or surgery, under the of all the information presented, the At least one portion of the meeting will Agency’s accelerated approval open session of the meeting will close be closed to the public. regulations at 21 CFR part 601, subpart so the SAB members can discuss E. On January 18, 2019, Eli Lilly DATES: The meeting will be held on personnel issues at the NCTR at the end reported in a press release that the August 18, 2020, from 8 a.m. to 5:55 of the day. confirmatory study required as a p.m. (CST), and on August 19, 2020, FDA intends to make background condition of LARTRUO’s accelerated from 8 a.m. to 11:30 a.m. (CST). material available to the public no later approval, entitled ‘‘Randomized, ADDRESSES: Please note that due to the than 2 business days before the meeting. Double-Blind, Placebo-Controlled, impact of this COVID–19 pandemic, all If FDA is unable to post the background Phase 3 Trial of Doxorubicin Plus meeting participants will be joining this material on its website prior to the Olaratumab Versus Doxorubicin Plus advisory committee meeting via an meeting, the background material will Placebo in Patients With Advanced or online teleconferencing platform. be made publicly available at the Metastatic Soft Tissue Sarcoma’’ Answers to commonly asked questions location of the advisory committee (ANNOUNCE trial), ‘‘did not meet the about FDA advisory committee meetings meeting, and the background material primary endpoints of overall survival in may be accessed at: https:// will be posted on FDA’s website after the full study population or in the www.fda.gov/AdvisoryCommittees/ the meeting. Background material is leiomyosarcoma subpopulation.’’ On AboutAdvisoryCommittees/ available at https://www.fda.gov/ September 27, 2019, Eli Lilly requested ucm408555.htm. The meeting will be AdvisoryCommittees/Calendar/ withdrawal (revocation), in writing, of webcast both days and will be available default.htm. Scroll down to the the BLA for LARTRUVO (olaratumab) at the following link: https:// appropriate advisory committee meeting injection (BLA 761038) under § 601.5(a) collaboration.fda.gov/nctr1000/. link. (21 CFR 601.5(a)) because the FOR FURTHER INFORMATION CONTACT: Procedure: On August 18, 2020, from ANNOUNCE trial failed to demonstrate Donna Mendrick, National Center for 8 a.m. to 5:55 p.m., and on August 19, improvement in overall survival for Toxicological Research, Food and Drug 2020, from 8 a.m. to 11:30 a.m. (CST),

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43588 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

the meeting is open to the public. DEPARTMENT OF HEALTH AND authorization for the commission to Interested persons may present data, HUMAN SERVICES operate until July 20, 2022. information, or views, orally or in A copy of the ACCV charter is writing, on issues pending before the Health Resources and Services available on the ACCV’s website at committee. Written submissions may be Administration https://www.hrsa.gov/advisory- made to the contact person on or before committees/vaccines/index.html. A Charter Renewal for the Advisory copy of the charter also can be obtained August 11, 2020. Oral presentations Commission on Childhood Vaccines from the public will be scheduled by accessing the FACA database that is between approximately 1 p.m. and 2 AGENCY: Health Resources and Services maintained by the Committee p.m. Those individuals interested in Administration (HRSA), Department of Management Secretariat under the General Services Administration. The making formal oral presentations should Health and Human Services (HHS). website address for the FACA database notify the contact person and submit a ACTION: Notice. is http://www.facadatabase.gov/. brief statement of the general nature of SUMMARY: In accordance with the the evidence or arguments they wish to Maria G. Button, Federal Advisory Committee Act, HHS Director, Executive Secretariat. present, the names and addresses of is hereby giving notice that the Advisory proposed participants, and an Commission on Childhood Vaccines [FR Doc. 2020–15494 Filed 7–16–20; 8:45 am] indication of the approximate time (ACCV) charter has been renewed. The BILLING CODE 4165–15–P requested to make their presentation on effective date of the renewed charter is or before August 3, 2020. Time allotted July 20, 2020. for each presentation may be limited. If DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: HUMAN SERVICES the number of registrants requesting to Tamara Overby, Designated Federal speak is greater than can be reasonably Officer, Healthcare Systems Bureau, Meeting of the Presidential Advisory accommodated during the scheduled HRSA, 5600 Fishers Lane, 08N186A, Council on HIV/AIDS open public hearing session, FDA may Rockville, Maryland 20857; 301–443– conduct a lottery to determine the 3766; or [email protected]. AGENCY: Office of the Assistant speakers for the scheduled open public SUPPLEMENTARY INFORMATION: The ACCV Secretary for Health, Office of the hearing session. The contact person will was established by section 2119 of the Secretary, Department of Health and notify interested persons regarding their Public Health Service Act (the Act) (42 Human Services. request to speak by August 4, 2020. U.S.C. 300aa–19), as enacted by Public ACTION: Notice of a virtual meeting. Law (Pub. L.) 99–660, and as Closed Committee Deliberations: On SUMMARY: As stipulated by the Federal August 18, 2020, from 11:30 a.m. to 12 subsequently amended, and advises the Advisory Committee Act, the U.S. p.m. (CST), the meeting will be closed Secretary of Health and Human Services Department of Health and Human to permit discussion where disclosure (the Secretary) on issues related to the Service is hereby giving notice that the would constitute a clearly unwarranted implementation of the National Vaccine Presidential Advisory Council on HIV/ invasion of personal privacy (5 U.S.C. Injury Compensation Program (VICP). AIDS (PACHA or the Council) will be 552b(c)(6)). This portion of the meeting Other activities of the ACCV include: holding the 68th full Council meeting will be closed to permit discussion of Recommending changes in the Vaccine utilizing virtual technology. PACHA information concerning individuals Injury Table at its own initiative or as members will be discussing novel associated with the research programs at the result of the filing of a petition; coronavirus (COVID–19) and HIV, and advising the Secretary in implementing the NCTR. Ready, Set, PrEP enrollment. The section 2127 of the Act regarding the FDA welcomes the attendance of the meeting will be open to the public; a need for childhood vaccination public comment session will be held public at its advisory committee products that result in fewer or no meetings and will make every effort to during the meeting. Pre-registration is significant adverse reactions; surveying required to provide public comment. accommodate persons with disabilities. federal, state, and local programs and DATES: The meeting will be held on If you require accommodations due to a activities related to gathering Thursday, August 6, from disability, please contact Donna information on injuries associated with approximately 3:00 p.m. to 5:00 p.m. Mendrick at least 14 days in advance of the administration of childhood (ET). This meeting will be conducted the meeting. vaccines, including the adverse reaction utilizing virtual technology. FDA is committed to the orderly reporting requirements of section 2125(b) of the Act; advising the ADDRESSES: Instructions regarding conduct of its advisory committee attending this meeting virtually will be meetings. Please visit our website at Secretary on the methods of obtaining, compiling, publishing, and using posted one week prior to the meeting at: https://www.fda.gov/ https://www.hiv.gov/federal-response/ AdvisoryCommittees/AboutAdvisory credible data related to the frequency and severity of adverse reactions pacha/about-pacha. Committees/ucm111462.htm for associated with childhood vaccines; FOR FURTHER INFORMATION CONTACT: Ms. procedures on public conduct during consulting on the development or Caroline Talev, MPA, Public Health advisory committee meetings. revision of Vaccine Information Analyst, Presidential Advisory Council Notice of this meeting is given under Statements; and recommending to the on HIV/AIDS, 330 C Street SW, Room the Federal Advisory Committee Act (5 Director of the National Vaccine L609A, Washington, DC 20024; (202) U.S.C. app. 2). Program research related to vaccine 795–7622 or [email protected]. Additional information can be obtained Dated: July 14, 2020. injuries which should be conducted to carry out the VICP. by accessing the Council’s page on the Lowell J. Schiller, The renewed charter for the ACCV HIV.gov site at www.hiv.gov/pacha. Principal Associate Commissioner for Policy. was approved on July 20, 2020, which SUPPLEMENTARY INFORMATION: [FR Doc. 2020–15524 Filed 7–16–20; 8:45 am] will also stand as the filing date. Individuals who wish to participate in BILLING CODE 4164–01–P Renewal of the ACCV charter gives the meeting and/or provide public

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43589

comment should pre-register by sending provisions set forth in sections Rehabilitation Research Plan; Scientific an email to [email protected] by close of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., presentation on Data Science in business Thursday, July 30, 2020. as amended. The grant applications and Rehabilitation; Agenda Planning for the next Individuals will be required to provide the discussions could disclose Board meeting. their name, organization, and email confidential trade secrets or commercial Place: National Center for Medical Rehabilitation Research, Eunice Kennedy address to pre-register. If you decide property such as patentable material, Shriver National Institute, of Child Health you would like to provide public and personal information concerning and Human Development, NIH, DHHS, comment and do not pre-register by the individuals associated with the grant 6710B Rockledge Drive, Room 2116, deadline, you have an opportunity to applications, the disclosure of which Bethesda, MD 20892–7002 (Virtual Meeting). submit your written statement by would constitute a clearly unwarranted Contact Person: Ralph M. Nitkin, Ph.D., emailing [email protected] by close of invasion of personal privacy. Deputy Director, National Center for Medical business Thursday, August 13, 2020. Rehabilitation Research, Eunice Kennedy Name of Committee: Center for Scientific Shriver National Institute, of Child Health The meeting agenda will be posted on Review Special Emphasis Panel; Pediatric the PACHA website at https:// and Human Development, NIH, DHHS, Formulations and Drug Delivery Systems and 6710B Rockledge Drive, Room 2116, www.hiv.gov/federal-response/pacha/ Psychoactive Surveillance. Bethesda, MD 20892–7002, Phone: (301) about-pacha as soon as it becomes Date: August 6, 2020. 402–4206, Email: [email protected]. Time: 10:00 a.m. to 4:00 p.m. available. The meeting will be NIH Videocast. Please PACHA was established by Executive Agenda: To review and evaluate grant applications. select the following link for Videocast on the Order 12963, dated June 14, 1995, as Place: National Institutes of Health, day of the meeting: https://videocast.nih.gov/ amended by Executive Order 13009, Rockledge II 6701 Rockledge Drive, Bethesda, default.asp. dated June 14, 1996 and is currently MD 20892 (Virtual Meeting). Information is also available on the operating under the authority given in Contact Person: Mary Custer, Ph.D., Institute’s/Center’s home page: http:// Executive Order 13889, dated Scientific Review Officer, Center for www.nichd.nih.gov/about/advisory/nabmrr/ September 27, 2019. The Council was Scientific Review, National Institutes of Pages/index.aspx where the current roster established to provide advice, Health, 6701 Rockledge Drive, Room 4148, and minutes from past meetings are posted. information, and recommendations to MSC 7850, Bethesda, MD 20892, (301) 435– (Catalogue of Federal Domestic Assistance the Secretary regarding programs and 1164, [email protected]. Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; policies intended to promote effective (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.929, Center for Medical Rehabilitation prevention and care of HIV infection 93.333, Clinical Research, 93.306, 93.333, Research; 93.209, Contraception and and AIDS. The functions of the Council 93.337, 93.393–93.396, 93.837–93.844, Infertility Loan Repayment Program, National are solely advisory in nature. 93.846–93.878, 93.892, 93.893, National Institutes of Health, HHS) The Council consists of not more than Institutes of Health, HHS) Dated: July 13, 2020. 25 members. Council members are Dated: July 13, 2020. Tyeshia M. Roberson, selected from prominent community Tyeshia M. Roberson, leaders with particular expertise in, or Program Analyst, Office of Federal Advisory Committee Policy. knowledge of, matters concerning HIV Program Analyst, Office of Federal Advisory Committee Policy. and AIDS, public health, global health, [FR Doc. 2020–15424 Filed 7–16–20; 8:45 am] [FR Doc. 2020–15422 Filed 7–16–20; 8:45 am] philanthropy, marketing or business, as BILLING CODE 4140–01–P well as other national leaders held in BILLING CODE 4140–01–P high esteem from other sectors of society. Council members are appointed DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES by the Secretary or designee, in HUMAN SERVICES consultation with the White House. National Institutes of Health Dated: July 1, 2020. National Institutes of Health B. Kaye Hayes, National Institute of Neurological Eunice Kennedy Shriver National Principal Deputy Director, Office of Infectious Disorders and Stroke; Amended Notice Disease and HIV/AIDS Policy, Executive Institute of Child Health & Human; of Meeting Director, Presidential Advisory Council on Notice of Meeting HIV/AIDS, Office of the Assistant Secretary Pursuant to section 10(a) of the Notice is hereby given of a change in for Health, Department of Health and Human the meeting of the National Institute of Services. Federal Advisory Committee Act, as amended, notice is hereby given of a Neurological Disorders and Stroke [FR Doc. 2020–15447 Filed 7–16–20; 8:45 am] meeting of the National Advisory Board Special Emphasis Panel, July 10, 2020, BILLING CODE 4150–43–P on Medical Rehabilitation Research. 10:00 a.m. to July 10, 2020, 03:30 p.m., The meeting will be open to the National Institutes of Health Rockville, public and held as a virtual meeting. MD 20852 which was published in the DEPARTMENT OF HEALTH AND Individuals who plan to view the virtual Federal Register on July 01, 2020, HUMAN SERVICES meeting and need special assistance or 85FR574. National Institutes of Health other reasonable accommodations to This meeting notice is to change the view the meeting, should notify the ZNS1 SRB–G 30 July 10, 2020 SEP Center for Scientific Review; Notice of Contact Person listed below in advance meeting date to July 27, 2020. The Closed Meeting of the meeting. meeting is closed to the public. Pursuant to section 10(d) of the Name of Committee: National Advisory Dated: July 13, 2020. Board on Medical Rehabilitation Research. Tyeshia M. Roberson, Federal Advisory Committee Act, as Date: August 18, 2020. amended, notice is hereby given of the Time: 11:00 a.m. to 3:00 p.m. (EST). Program Analyst, Office of Federal Advisory following meeting. Agenda: NICHD Director’s report; NCMRR Committee Policy. The meeting will be closed to the Director’s report; Updates on the NIH [FR Doc. 2020–15426 Filed 7–16–20; 8:45 am] public in accordance with the Rehabilitation Research Conference and NIH BILLING CODE 4140–01–P

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43590 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

DEPARTMENT OF HEALTH AND Dated: July 13, 2020. the Federal Register on May 29, 1985 HUMAN SERVICES Tyeshia M. Roberson, (50 FR 21832), the interest rate paid on Program Analyst, Office of Federal Advisory applicable overpayments or National Institutes of Health Committee Policy. underpayments of customs duties must be in accordance with the Internal [FR Doc. 2020–15423 Filed 7–16–20; 8:45 am] National Institute of Allergy and Revenue Code rate established under 26 BILLING CODE 4140–01–P Infectious Diseases Notice of Closed U.S.C. 6621 and 6622. Section 6621 Meeting provides different interest rates applicable to overpayments: One for Pursuant to section 10(d) of the DEPARTMENT OF HOMELAND corporations and one for non- Federal Advisory Committee Act, as SECURITY corporations. amended, notice is hereby given of the U.S. Customs and Border Protection The interest rates are based on the following meeting. Federal short-term rate and determined The meeting will be closed to the Quarterly IRS Interest Rates Used in by the Internal Revenue Service (IRS) on public in accordance with the Calculating Interest on Overdue behalf of the Secretary of the Treasury provisions set forth in sections Accounts and Refunds on Customs on a quarterly basis. The rates effective 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Duties for a quarter are determined during the as amended. The grant applications and first-month period of the previous the discussions could disclose AGENCY: U.S. Customs and Border quarter. confidential trade secrets or commercial Protection, Department of Homeland In Revenue Ruling 2020–13, the IRS property such as patentable material, Security. determined the rates of interest for the and personal information concerning ACTION: General notice. calendar quarter beginning July 1, 2020, individuals associated with the grant and ending on September 30, 2020. The SUMMARY: This notice advises the public applications, the disclosure of which interest rate paid to the Treasury for that the quarterly Internal Revenue would constitute a clearly unwarranted underpayments will be the Federal Service interest rates used to calculate invasion of personal privacy. short-term rate (0%) plus three interest on overdue accounts percentage points (3%) for a total of Name of Committee: National Institute of (underpayments) and refunds three percent (3%) for both corporations Allergy and Infectious Diseases Special (overpayments) of customs duties will and non-corporations. For corporate Emphasis Panel Emergency Awards: Rapid decrease from the previous quarter. For Investigation of Severe Acute Respiratory overpayments, the rate is the Federal the calendar quarter beginning July 1, short-term rate (0%) plus two Syndrome Coronavirus 2 (SARS–CoV–2) and 2020, the interest rates for overpayments Coronavirus Disease 2019 (COVID–19). percentage points (2%) for a total of two will be 2 percent for corporations and 3 percent (2%). For overpayments made Date: July 31, 2020. percent for non-corporations, and the Time: 1:00 p.m. to 5:00 p.m. by non-corporations, the rate is the interest rate for underpayments will be Federal short-term rate (0%) plus three Agenda: To review and evaluate grant 3 percent for both corporations and non- applications. percentage points (3%) for a total of corporations. This notice is published three percent (3%). These interest rates Place: National Institute of Allergy and for the convenience of the importing Infectious Diseases, National Institutes of used to calculate interest on overdue public and U.S. Customs and Border accounts (underpayments) and refunds Health 5601 Fishers Lane, Room 3G13B, Protection personnel. Rockville, MD 20892 (Telephone Conference (overpayments) of customs duties have Call). DATES: The rates announced in this decreased from the previous quarter. Contact Person: Yong Gao, Ph.D., Scientific notice are applicable as of July 1, 2020. These interest rates are subject to Review Officer, Scientific Review Program, FOR FURTHER INFORMATION CONTACT: change for the calendar quarter Division of Extramural Activities, National Bruce Ingalls, Revenue Division, beginning October 1, 2020, and ending Institute of Allergy and Infectious Diseases, Collection Refunds & Analysis Branch, on December 31, 2020. National Institutes of Health, 5601 Fishers 6650 Telecom Drive, Suite #100, For the convenience of the importing Lane, Room 3G13B Rockville, MD 20892– Indianapolis, Indiana 46278; telephone public and U.S. Customs and Border 9834 (240) 669–5048, [email protected]. (317) 298–1107. Protection personnel, the following list (Catalogue of Federal Domestic Assistance SUPPLEMENTARY INFORMATION: of IRS interest rates used, covering the Program Nos. 93.855, Allergy, Immunology, period from July of 1974 to date, to and Transplantation Research; 93.856, Background calculate interest on overdue accounts Microbiology and Infectious Diseases Pursuant to 19 U.S.C. 1505 and and refunds of customs duties, is Research, National Institutes of Health, HHS) Treasury Decision 85–93, published in published in summary format.

Corporate Ending Under- Over- overpayments Beginning date date payments payments (eff. 1–1–99) (percent) (percent) (percent)

070174 ...... 063075 6 6 ...... 070175 ...... 013176 9 9 ...... 020176 ...... 013178 7 7 ...... 020178 ...... 013180 6 6 ...... 020180 ...... 013182 12 12 ...... 020182 ...... 123182 20 20 ...... 010183 ...... 063083 16 16 ...... 070183 ...... 123184 11 11 ...... 010185 ...... 063085 13 13 ...... 070185 ...... 123185 11 11 ...... 010186 ...... 063086 10 10 ......

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43591

Corporate Ending Under- Over- overpayments Beginning date date payments payments (eff. 1–1–99) (percent) (percent) (percent)

070186 ...... 123186 9 9 ...... 010187 ...... 093087 9 8 ...... 100187 ...... 123187 10 9 ...... 010188 ...... 033188 11 10 ...... 040188 ...... 093088 10 9 ...... 100188 ...... 033189 11 10 ...... 040189 ...... 093089 12 11 ...... 100189 ...... 033191 11 10 ...... 040191 ...... 123191 10 9 ...... 010192 ...... 033192 9 8 ...... 040192 ...... 093092 8 7 ...... 100192 ...... 063094 7 6 ...... 070194 ...... 093094 8 7 ...... 100194 ...... 033195 9 8 ...... 040195 ...... 063095 10 9 ...... 070195 ...... 033196 9 8 ...... 040196 ...... 063096 8 7 ...... 070196 ...... 033198 9 8 ...... 040198 ...... 123198 8 7 ...... 010199 ...... 033199 7 7 6 040199 ...... 033100 8 8 7 040100 ...... 033101 9 9 8 040101 ...... 063001 8 8 7 070101 ...... 123101 7 7 6 010102 ...... 123102 6 6 5 010103 ...... 093003 5 5 4 100103 ...... 033104 4 4 3 040104 ...... 063004 5 5 4 070104 ...... 093004 4 4 3 100104 ...... 033105 5 5 4 040105 ...... 093005 6 6 5 100105 ...... 063006 7 7 6 070106 ...... 123107 8 8 7 010108 ...... 033108 7 7 6 040108 ...... 063008 6 6 5 070108 ...... 093008 5 5 4 100108 ...... 123108 6 6 5 010109 ...... 033109 5 5 4 040109 ...... 123110 4 4 3 010111 ...... 033111 3 3 2 040111 ...... 093011 4 4 3 100111 ...... 033116 3 3 2 040116 ...... 033118 4 4 3 040118 ...... 123118 5 5 4 010119 ...... 063019 6 6 5 070119 ...... 063020 5 5 4 070120 ...... 093020 3 3 2

Dated: July 14, 2020. DEPARTMENT OF HOMELAND SUMMARY: The Federal Emergency Jeffrey Caine, SECURITY Management Agency (FEMA) will Chief Financial Officer, U.S. Customs and submit the information collection Border Protection. Federal Emergency Management abstracted below to the Office of Agency [FR Doc. 2020–15479 Filed 7–16–20; 8:45 am] Management and Budget for review and clearance in accordance with the BILLING CODE 9111–14–P [Docket ID: FEMA–2020–0021; OMB No. 1660–0118] requirements of the Paperwork Reduction Act of 1995. The submission Agency Information Collection will describe the nature of the Activities: Submission for OMB information collection, the categories of Review; Comment Request; Homeland respondents, the estimated burden (i.e., Security Exercise and Evaluation the time, effort and resources used by Program (HSEEP) Documentation respondents to respond) and cost, and the actual data collection instruments AGENCY: Federal Emergency FEMA will use. Management Agency, Homeland DATES: Comments must be submitted on Security (DHS). or before August 17, 2020. ACTION: 30 Day notice and request for ADDRESSES: Written comments and comments. recommendations for the proposed

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43592 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

information collection should be sent Estimated Respondents’ Operation Reduction Act of 1995, this notice seeks within 30 days of publication of this and Maintenance Costs: 0. comments concerning FEMA requiring a notice to www.reginfo.gov/public/do/ Estimated Respondents’ Capital and letter of attestation regarding the Export PRAMain. Find this particular Start-Up Costs: 0. of Certain Scarce or Threatened Medical information collection by selecting Estimated Total Annual Cost to the Resources submitted to FEMA via ‘‘Currently under 30-day Review—Open Federal Government: $67,950. Customs and Border Protection’s (CBP’s) for Public Comments’’ or by using the Comments document imaging system. search function. DATES: Comments must be submitted on FOR FURTHER INFORMATION CONTACT: Kate Comments may be submitted as or before September 15, 2020. indicated in the ADDRESSES caption Bogan, National Exercise Division, ADDRESSES: Submit comments at above. Comments are solicited to (a) Analytics and Narrative Management www.regulations.gov under Docket ID evaluate whether the proposed data Section Chief, 400 C Street SW, FEMA–2020–0018. Follow the collection is necessary for the proper Washington, DC 20024, (telephone) instructions for submitting comments. 202.679.9820, or (email) Kate.Bogan@ performance of the agency, including All submissions received must fema.dhs.gov. Requests for additional whether the information shall have include the agency name and Docket ID information or copies of the information practical utility; (b) evaluate the and will be posted, without change, to collection should be made to Director, accuracy of the agency’s estimate of the the Federal eRulemaking Portal at Information Management Division, burden of the proposed collection of http://www.regulations.gov, and will email address FEMA-Information- information, including the validity of include any personal information you [email protected]. the methodology and assumptions used; provide. Therefore, submitting this (c) enhance the quality, utility, and SUPPLEMENTARY INFORMATION: This information makes it public. You may proposed information collection clarity of the information to be wish to read the Privacy and Security previously published in the Federal collected; and (d) minimize the burden Notice that is available via a link on the Register on April 24, 2020, at 85 FR of the collection of information on those homepage of www.regulations.gov. who are to respond, including through 23054 with a 60 day public comment FOR FURTHER INFORMATION CONTACT: period. No comments were received. the use of appropriate automated, Office of Policy and Program Analysis, The purpose of this notice is to notify electronic, mechanical, or other Marc Geier, Federal Emergency the public that FEMA will submit the technological collection techniques or Management Agency, 500 C Street SW, information collection abstracted below other forms of information technology, Washington, DC 20472, (telephone) to the Office of Management and Budget e.g., permitting electronic submission of 202–924–0196, or (email) FEMA-DPA@ for review and clearance. responses. fema.dhs.gov. You may contact the Information Management Division for Collection of Information Maile Arthur, Acting Records Management Branch Chief, copies of the proposed collection of Title: Homeland Security Exercise and Office of the Chief Administrative Officer, information at email address: FEMA- Evaluation Program (HSEEP) Mission Support, Federal Emergency Information-Collections-Management@ Documentation. Management Agency, Department of fema.dhs.gov. Type of information collection: Homeland Security. SUPPLEMENTARY INFORMATION: On April Extension, without change, of a [FR Doc. 2020–15337 Filed 7–16–20; 8:45 am] 10, 2020, the FEMA Administrator currently approved information BILLING CODE 9111–27–P (Administrator) issued a Temporary collection. Final Rule (TFR) to allocate certain OMB Number: 1660–0118. Form Titles and Numbers: FEMA scarce or threatened materials for DEPARTMENT OF HOMELAND domestic use, so that these materials Form 091–0, After Action Report/ SECURITY Improvement Plan (AAR/IP); FEMA may not be exported from the United Form 008–0–26, Multi-Year Training Federal Emergency Management States without explicit approval by Exercise Plan (TEP); FEMA Form 008– Agency FEMA. The TFR aids the response of the 0–27, National Exercise Program (NEP) United States to the spread of COVID– [Docket ID: FEMA–2020–0018; OMB No. 19 by ensuring that certain scarce or Nomination Form. 1660–0148] Abstract: The Homeland Security threatened health and medical resources are appropriately allocated for domestic Exercise and Evaluation Program Agency Information Collection use. (HSEEP) Documentation collection Activities: Proposed Collection; provides reporting on the results of The Administrator issued the TFR Comment Request; Letter of under the authority of the Defense preparedness exercises and provides Attestation Regarding Export of assessments of the respondents’ Production Act of 1950, as amended Certain Scarce or Threatened Medical (DPA), and related executive orders and capabilities so that strengths and areas Resources for improvement are identified, delegations. Most prominently, on April corrected, and shared as appropriate AGENCY: Federal Emergency 3, 2020, the President signed a prior to a real incident. This information Management Agency, DHS. Memorandum on Allocating Certain is also required to be submitted as part ACTION: 60-Day notice and request for Scarce or Threatened Health and of certain FEMA grant programs. comments. Medical Resources to Domestic Use Affected Public: State, local, or Tribal (Memorandum). In the Memorandum, governments. SUMMARY: The Federal Emergency the President directed the Secretary of Estimated Number of Respondents: Management Agency, as part of its Homeland Security, through the 268. continuing effort to reduce paperwork Administrator, and in consultation with Estimated Number of Responses: 704. and respondent burden, invites the the Secretary of Health and Human Estimated Total Annual Burden general public to take this opportunity Services (HHS), to use any and all Hours: 23,208 hours. to comment on a revision of a currently authority available under section 101 of Estimated Total Annual Respondent approved information collection. In the DPA to allocate to domestic use, as Cost: $1,469,995. accordance with the Paperwork appropriate, five types of personal

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43593

protective equipment (PPE) materials FEMA the purpose of the shipment of other legal requirements in order to (covered materials). covered materials. ensure the expeditious construction of Consistent with the Memorandum, Affected Public: For-Profit Business. roads in the vicinity of the international the TFR provides that until August 10, Estimated Number of Respondents: land border in Starr County, Texas. 2020, and subject to certain exemptions, 168. DATES: This determination takes effect no shipments of covered materials may Estimated Number of Responses: 168. on July 17, 2020. leave the United States without explicit Estimated Total Annual Burden SUPPLEMENTARY INFORMATION: Important approval by FEMA. The TFR requires Hours: 84. mission requirements of the Department U.S. Customs and Border Protection Estimated Total Annual Respondent of Homeland Security (‘‘DHS’’) include (CBP), in coordination with such other Cost: $8,568. border security and the detection and officials as may be appropriate, to notify Estimated Respondents’ Operation prevention of illegal entry into the FEMA of an intended export of covered and Maintenance Costs: None. United States. Border security is critical materials. CBP must temporarily detain Estimated Respondents’ Capital and to the nation’s national security. any shipment of such covered materials Start-Up Costs: None. Recognizing the critical importance of pending the Administrator’s Estimated Total Annual Cost to the border security, Congress has mandated determination whether to return for Federal Government: $9,933. DHS to achieve and maintain domestic use, issue a rated order for, or Comments operational control of the international allow the export of part or all of the land border. Secure Fence Act of 2006, shipment. In making such Comments may be submitted as Public Law 109–367, section 2, 120 Stat. determination, the Administrator may indicated in the ADDRESSES caption 2638 (Oct. 26, 2006) (8 U.S.C. 1701 consult other agencies and will consider above. Comments are solicited to (a) note). Congress defined ‘‘operational the totality of the circumstances, evaluate whether the proposed data control’’ as the prevention of all including: (1) The need to ensure that collection is necessary for the proper unlawful entries into the United States, scarce or threatened items are performance of the agency, including including entries by terrorists, other appropriately allocated for domestic whether the information shall have unlawful aliens, instruments of use; (2) minimization of disruption to practical utility; (b) evaluate the terrorism, narcotics, and other the supply chain, both domestically and accuracy of the agency’s estimate of the contraband. Id. Consistent with that abroad; (3) the circumstances burden of the proposed collection of mandate from Congress, the President’s surrounding the distribution of the information, including the validity of Executive Order on Border Security and materials and potential hoarding or the methodology and assumptions used; Immigration Enforcement Improvements price-gouging concerns; (4) the quantity (c) enhance the quality, utility, and directed executive departments and and quality of the materials; (5) clarity of the information to be agencies to deploy all lawful means to humanitarian considerations; and (6) collected; and (d) minimize the burden secure the southern border. Executive international relations and diplomatic of the collection of information on those Order 13767, section 1. In order to considerations. who are to respond, including through achieve that end, the President directed, FEMA requires a letter of attestation the use of appropriate automated, among other things, that I take regarding the Export of Certain Scarce or electronic, mechanical, or other immediate steps to prevent all unlawful Threatened Medical Resources be technological collection techniques or entries into the United States, including submitted to FEMA via CPB’s document other forms of information technology, the immediate construction of physical imaging system and placed on file with e.g., permitting electronic submission of infrastructure to prevent illegal entry. CBP, certifying to FEMA the purpose of responses. Executive Order 13767, section 4(a). the shipment of covered materials. Maile Arthur, Congress has provided to the This new collection was submitted Acting Records Management Branch Chief, Secretary of Homeland Security a and approved by OMB until August 10, Office of the Chief Administrative Officer, number of authorities necessary to carry 2020, under the emergency clearance Mission Support, Federal Emergency out DHS’s border security mission. One process. FEMA is seeking public Management Agency, Department of of those authorities is found at section comments on the collection through the Homeland Security. 102 of the Illegal Immigration Reform normal clearance process in order to [FR Doc. 2020–15664 Filed 7–15–20; 4:15 pm] and Immigrant Responsibility Act of extend the collection, if necessary, BILLING CODE 9111–19–P 1996, as amended (‘‘IIRIRA’’). Public should the TFR also be extended Law 104–208, Div. C, 110 Stat. 3009– beyond its current end date of August 546, 3009–554 (Sept. 30, 1996) (8 U.S.C 10, 2020. DEPARTMENT OF HOMELAND 1103 note), as amended by the REAL ID SECURITY Collection of Information Act of 2005, Public Law 109–13, Div. B, 119 Stat. 231, 302, 306 (May 11, 2005) Title: Letter of Attestation regarding Office of the Secretary (8 U.S.C. 1103 note), as amended by the Export of Certain Scarce or Threatened Secure Fence Act of 2006, Public Law Medical Resources. Determination Pursuant to Section 102 of the Illegal Immigration Reform and 109–367, section 3, 120 Stat. 2638 (Oct. Type of Information Collection: Immigrant Responsibility Act of 1996, 26, 2006) (8 U.S.C. 1103 note), as Revision of a currently approved as Amended amended by the Department of information collection. Homeland Security Appropriations Act, OMB Number: 1660–0148. AGENCY: Office of the Secretary, 2008, Public Law 110–161, Div. E, Title FEMA Forms: None. Department of Homeland Security. V, section 564, 121 Stat. 2090 (Dec. 26, Abstract: FEMA requires a letter of ACTION: Notice of determination. 2007). In section 102(a) of IIRIRA, attestation regarding the Export of Congress provided that the Secretary of Certain Scarce or Threatened Medical SUMMARY: The Acting Secretary of Homeland Security shall take such Resources be submitted to FEMA via Homeland Security has determined, actions as may be necessary to install CPB’s document imaging system and pursuant to law, that it is necessary to additional physical barriers and roads placed on file with CBP, certifying to waive certain laws, regulations, and (including the removal of obstacles to

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43594 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

detection of illegal entrants) in the • Starting approximately one-tenth (0.1) of Resources Protection Act of 1988 (16 vicinity of the United States border to a mile southeast of the intersection of Este U.S.C. 4301 et seq.); the Safe Drinking deter illegal crossings in areas of high Road and Border Avenue and extending Water Act (42 U.S.C. 300f et seq.); the southwest for approximately three-tenths illegal entry into the United States. In (0.3) of a mile; Noise Control Act (42 U.S.C. 4901 et section 102(b) of IIRIRA, Congress • Starting approximately three-hundredths seq.); the Solid Waste Disposal Act, as mandated the installation of additional (.03) of a mile north of the southern terminus amended by the Resource Conservation fencing, barriers, roads, lighting, of the Los Picos Road and generally following and Recovery Act (42 U.S.C. 6901 et cameras, and sensors on the southwest the course of the Rio Grande River south and seq.); the Comprehensive Environmental border. Finally, in section 102(c) of east for approximately one and six-tenths (1.6) miles; and Response, Compensation, and Liability IIRIRA, Congress granted to the • Act (42 U.S.C. 9601 et seq.); the Secretary of Homeland Security the Starting approximately six-tenths (0.6) of a mile northwest of the intersection of Plaza Archaeological and Historic authority to waive all legal requirements Street and Alamo Road and generally Preservation Act (Pub. L. 86–523, 74 that I, in my sole discretion, determine following the course of the Rio Grande River Stat. 220 (June 27, 1960) as amended, necessary to ensure the expeditious north and west for approximately five and repealed, or replaced by Pub. L. 113– construction of barriers and roads four-tenths (5.4) miles. authorized by section 102 of IIRIRA. 287, 128 Stat. 3094 (Dec. 19, 2014) There is presently an acute and (formerly codified at 16 U.S.C. 469 et Determination and Waiver immediate need to construct roads in seq., now codified at 54 U.S.C. 312502 the vicinity of the border of the United Section 1 et seq.)); the Antiquities Act (formerly States in order to prevent unlawful codified at 16 U.S.C. 431 et seq., now entries into the United States in the The United States Border Patrol’s codified at 54 U.S.C. 320301 et seq.); the project areas pursuant to sections 102(a) (Border Patrol) Rio Grande Valley Sector Historic Sites, Buildings, and is an area of high illegal entry. In fiscal and 102(b) of IIRIRA. In order to ensure the expeditious construction of roads in Antiquities Act (formerly codified at 16 year 2019, the Border Patrol U.S.C. 461 et seq., now codified at 54 apprehended over 339,000 illegal aliens the project areas, I have determined that it is necessary that I exercise the U.S.C. 3201–320303 & 320101–320106); attempting to enter the United States the Farmland Protection Policy Act (7 between border crossings in the Rio authority that is vested in me by section U.S.C. 4201 et seq.); the National Grande Valley Sector. In that same time 102(c) of IIRIRA. Wildlife Refuge System Administration period, the Border Patrol had over 1,000 Accordingly, pursuant to section Act (Pub. L. 89–669, 80 Stat. 926 (Oct. drug-related events between border 102(c) of IIRIRA, I hereby waive in their crossings in the Rio Grande Valley entirety, with respect to the 15, 1966) (16 U.S.C. 668dd–668ee)); Sector, through which it seized over construction of roads (including, but not National Fish and Wildlife Act of 1956 122,000 pounds of marijuana, over limited to, accessing the project areas, (Pub. L. 84–1024 (16 U.S.C. 742a, et 2,500 pounds of cocaine, over 90 creating and using staging areas, the seq.)); the Fish and Wildlife pounds of heroin, over 1,700 pounds of conduct of earthwork, excavation, fill, Coordination Act (Pub. L. 73–121, 48 methamphetamine, and over 11 pounds and site preparation, and installation Stat. 401 (March 10, 1934) (16 U.S.C. of fentanyl. and upkeep of the roads, drainage, 661 et seq.)); the National Trails System erosion controls, and safety features) in Owing to the high levels of illegal Act (16 U.S.C. 1241 et seq.); the the project areas, all of the following entry within the Rio Grande Valley Administrative Procedure Act (5 U.S.C. statutes, including all federal, state, or Sector, I must use my authority under 551 et seq.); the Rivers and Harbors Act other laws, regulations, and legal section 102 of IIRIRA to install of 1899 (33 U.S.C. 403); the Wild and requirements of, deriving from, or additional roads in the Rio Grande Scenic Rivers Act (Pub. L. 90–542 (16 related to the subject of, the following Valley Sector. These roads will assist in U.S.C. 1281 et seq.)); the Eagle statutes, as amended: The National deterring illegal crossings by providing Protection Act (16 U.S.C. 668 et seq.); Environmental Policy Act (Pub. L. 91– the Border Patrol with increased access and the Native American Graves 190, 83 Stat. 852 (Jan. 1, 1970) (42 to areas along and near the Rio Grande Protection and Repatriation Act (25 U.S.C. 4321 et seq.)); the Endangered River. Therefore, DHS will take Species Act (Pub. L. 93–205, 87 Stat. U.S.C. 3001 et seq.). immediate action to construct roads. 884 (Dec. 28, 1973) (16 U.S.C. 1531 et This waiver does not revoke or The areas in the vicinity of the border seq.)); the Federal Water Pollution supersede any other waiver within which such construction will Control Act (commonly referred to as determination made pursuant to section occur are more specifically described in the Clean Water Act (33 U.S.C. 1251 et 102(c) of IIRIRA. Such waivers shall Section 2 below. seq.)); the National Historic Preservation remain in full force and effect in Section 2 Act (Pub. L. 89–665, 80 Stat. 915 (Oct. accordance with their terms. I reserve 15, 1966), as amended, repealed, or I determine that the following areas in the authority to execute further waivers replaced by Pub. L. 113–287, 128 Stat. the vicinity of the United States border, from time to time as I may determine to 3094 (Dec. 19, 2014) (formerly codified located in the State of Texas within the be necessary under section 102 of at 16 U.S.C. 470 et seq., now codified at Border Patrol’s Rio Grande Valley IIRIRA. 54 U.S.C. 100101 note and 54 U.S.C. Sector, are areas of high illegal entry 300101 et seq.)); the Migratory Bird Signature (the ‘‘project areas’’): Treaty Act (16 U.S.C. 703 et seq.); the • Starting at Falcon Dam and generally Migratory Bird Conservation Act (16 The Acting Secretary of Homeland following the course of the Rio Grande River U.S.C. 715 et seq.); the Clean Air Act (42 Security, Chad F. Wolf, having reviewed south and east to the intersection of U.S.C. 7401 et seq.); the Archeological and approved this document, is Swordfish Drive and Chapeno Road; delegating the authority to electronically • Starting at the intersection of Swordfish Resources Protection Act (Pub. L. 96–95, 93 Stat. 721 (Oct. 31, 1979) (16 U.S.C. sign this document to Chad R. Mizelle, Drive and Chapeno Road and generally who is the Senior Official Performing following the course of the Rio Grande River 470aa et seq.)); the Paleontological south and east to the intersection of LaVeja Resources Preservation Act (16 U.S.C. the Duties of the General Counsel for Street and Chapeno Road; 470aaa et seq.); the Federal Cave

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43595

DHS, for purposes of publication in the impairments may access this number Management reports required in Federal Register. through TTY by calling the toll-free conjunction with the Annual Federal Relay Service at (800) 877–8339. Chad R. Mizelle, Performance Report (§ 92.509) are used Copies of available documents by HUD Field Offices to assess the Senior Official Performing the Duties of the submitted to OMB may be obtained General Counsel of Homeland Security. effectiveness of locally designed from Ms. Guido. [FR Doc. 2020–15548 Filed 7–16–20; 8:45 am] programs in meeting specific statutory SUPPLEMENTARY INFORMATION: This requirements and by Headquarters in BILLING CODE 9111–14–P notice informs the public that HUD is preparing the Annual Report to seeking approval from OMB for the Congress. Specifically, these reports information collection described in DEPARTMENT OF HOUSING AND permit HUD to determine compliance Section A. URBAN DEVELOPMENT with the requirement that PJs provide a The Federal Register notice that 25 percent match for HOME funds [Docket No. FR–7024–N–27] solicited public comment on the expended during the Federal fiscal year information collection for a period of 60 (Section 220 of the Act) and that 30-Day Notice of Proposed Information days was published on March 24, 2020. program income be used for HOME Collection: HOME Investment eligible activities (Section 219 of the Partnerships Program (OMB Control A. Overview of Information Collection Act), as well as the Women and No. 2506–0171) Title of Information Collection: HOME Minority Business Enterprise Investment Partnerships Program. AGENCY: Office of the Chief Information OMB Approval Number: 2506–0171. requirements (§ 92.351(b)). Officer, Housing and Urban Type of Request: Extension of Financial, project, tenant and owner Development (HUD). approved collection. documentation is used to determine ACTION: Notice. Form Number: HUD 40093, SF 1199A, compliance with HOME Program cost SUMMARY: HUD is seeking approval from HUD 20755, HUD 40107, HUD 40107A. limits (Section 212(e) of the Act), the Office of Management and Budget Description of the need for the eligible activities (§ 92.205), and eligible (OMB) for the information collection information and proposed use: The costs (§ 92.206), as well as to determine described below. In accordance with the information collected through HUD’s whether program participants are Paperwork Reduction Act, HUD is Integrated Disbursement and achieving the income targeting and requesting comment from all interested Information System (IDIS) (24 CFR affordability requirements of the Act parties on the proposed collection of 92.502) is used by HUD Field Offices, (Sections 214 and 215). Other information. The purpose of this notice HUD Headquarters, and HOME Program information collected under subpart H is to allow for 30 days of public Participating Jurisdictions (PJs). The (Other Federal Requirements) is comment. information on program funds primarily intended for local program committed and disbursed is used by management and is only viewed by DATES: Comments Due Date: August 17, HUD to track PJ performance and to 2020. HUD during routine monitoring visits. determine compliance with the The written agreement with the owner ADDRESSES: Interested persons are statutory 24-month commitment for long-term obligation (§ 92.504) and invited to submit comments regarding deadline and the regulatory 5-year tenant protections (§ 92.253) are this proposal. Comments should refer to expenditure deadline (§ 92.500(d)). The required to ensure that the property the proposal by name and/or OMB project-specific property, tenant, owner, owner complies with these important Control Number and should be sent to: and financial data is used to compile elements of the HOME Program and are HUD Desk Officer, Office of annual reports to Congress required at also reviewed by HUD during Management and Budget, New Section 284(b) of the HOME Investment monitoring visits. HUD reviews all other Executive Office Building, Washington, Partnerships Act, as well as to make data collection requirements during DC 20503; fax: 202–395–5806, Email: program management decisions about monitoring to assure compliance with OIRA [email protected]. how well program participants are the requirements of the Act and other FOR FURTHER INFORMATION CONTACT: achieving the statutory objectives of the Anna P. Guido, Reports Management HOME Program. Program management related laws and authorities. Officer, QMAC, Department of Housing reports are generated by IDIS to provide HUD tracks PJ performance and and Urban Development, 451 7th Street data on the status of program compliance with the requirements of 24 SW, Washington, DC 20410; email her at participants’ commitment and CFR parts 91 and 92. PJs use the [email protected] or telephone disbursement of HOME funds. These required information in the execution of 202–402–5535. This is not a toll-free reports are provided to HUD staff as their program, and to gauge their own number. Person with hearing or speech well as to HOME PJs. performance in relation to stated goals.

Frequency Responses Burden Annual Hourly Reg. section Paperwork Number of of per hour per burden cost per Annual cost requirement responses response annum response hours response

§ 92.61 ...... Program Description and Hous- 4.00 1.00 4.00 10.00 40.00 $41.37 $1,654.80 ing Strategy for Insular Areas. § 92.66 ...... Reallocation—Insular Areas ...... 4.00 1.00 4.00 3.00 12.00 41.37 496.44 § 92.101 ...... Consortia Designation...... 36.00 1.00 36.00 5.00 180.00 41.37 7,446.60 § 92.201 ...... State Designation of Local Re- 51.00 1.00 51.00 1.50 76.50 41.37 3,164.81 cipients. § 92.200 ...... Private-Public Partnership ...... 594.00 1.00 594.00 2.00 1,188.00 41.37 49,147.56 § 92.201 ...... Distribution of Assistance ...... 594.00 1.00 594.00 2.00 1,188.00 41.37 49,147.56 § 92.202 ...... Site and Neighborhood Stand- 594.00 1.00 594.00 2.00 1,188.00 41.37 49,147.56 ards. § 92.203 ...... Income Determination...... 6,667.00 1.00 6,667.00 2.00 13,334.00 41.37 551,627.58 § 92.203 ...... Income Determination...... 85,000.00 1.00 85,000.00 0.75 63,750.00 41.37 2,637,337.50 § 92.205(e) ...... Terminated Projects...... 180.00 1.00 180.00 5.00 900.00 41.37 37,233.00

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43596 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

Frequency Responses Burden Annual Hourly Reg. section Paperwork Number of of per hour per burden cost per Annual cost requirement responses response annum response hours response

§ 92.206 ...... Eligible Costs—Refinancing ...... 100.00 1.00 100.00 4.00 400.00 41.37 16,548.00 § 92.210 ...... Troubled HOME-Assisted Rental 25.00 1.00 25.00 0.50 12.50 41.37 517.13 Projects. § 92.251(a) ...... Rehabilitation Projects—New 3,40.000 3.00 10,200.00 3.00 30,600.00 41.37 1,265,922.00 Construction. § 92.251(b) ...... Rehabilitation Projects—Reha- 5,100.00 2.00 10,200.00 2.00 20,400.00 41.37 843,948.00 bilitation. § 92.252 ...... Qualification as affordable hous- 50.00 5.00 250.00 25.00 6,250.00 41.37 258,562.50 ing: Rental Housing.

Number Frequency Responses Burden Annual Hourly Reg. section Paperwork of of per hour per burden cost per Annual cost requirement responses response annum response hours response

§ 92.252(j) ...... Fixed and Floating HOME Rent- 45.00 1.00 45.00 1.00 45.00 $41.37 $1,861.65 al Units. § 92.251 ...... Written Property Standards ...... 6,667.00 3.00 20,001.00 3.00 60,003.00 41.37 2,482,324.11 § 92.253 ...... Tenant Protections (including 6,667.00 1.00 6,667.00 5.00 33,335.00 41.37 1,379,068.95 lease requirement). § 92.254 ...... Homeownership—Median Pur- 80.00 1.00 80.00 5.00 400.00 41.37 16,548.00 chase Price. § 92.254 ...... Homeownership—Alternative to 100.00 1.00 100.00 5.00 500.00 41.37 20,685.00 Resale/recapture. § 92.254(a)(5) ...... Homeownership—Approval of 2,000.00 1.00 2,000.00 1.50 3,000.00 41.37 124,110.00 Resale & Recapture. § 92.254(a)(5) ...... Homeownership—Fair Return & 2.00 1.00 2.00 1.00 2.00 41.37 82.74 Affordability. § 92.254(f) ...... Homeownership program poli- 600.00 1.00 600.00 5.00 3,000.00 41.37 124,110.00 cies. § 92.300 ...... CHDO Identification ...... 594.00 1.00 594.00 2.00 1,188.00 41.37 49,147.56 § 92.300 ...... CHDO Project Assistance ...... 594.00 1.00 594.00 2.00 1,188.00 41.37 49,147.56 § 92.303 ...... Tenant Participation Plan ...... 4,171.00 1.00 4,171.00 10.00 41,710.00 41.37 1,725,542.70 § 92.351 ...... Affirmative Marketing ...... 1,290.00 1.00 1,290.00 5.00 6,450.00 41.37 266,836.50 § 92.354 ...... Labor ...... 6,667.00 1.00 6,667.00 2.50 16,667.50 41.37 689,534.48 § 92.357 ...... Debarment and Suspension ...... 6,667.00 1.00 6,667.00 1.00 6667.00 41.37 275,813.79 § 92.501 ...... HOME Investment Partnership 598.00 1.00 598.00 1.00 598.00 41.37 24,739.26 Agreement (HUD 40093).

Frequency Responses Burden Annual Hourly Reg. section Paperwork Number of of per hours per burden cost per Annual cost requirement responses response annum response hours response

§ 92.504 ...... Participating Jurisdiction’s Writ- 6,667.00 1.00 6,667.00 10.00 66,670.00 41.37 2,758,137.90 ten Agreements. § 92.300 ...... Designation of CHDOs ...... 480.00 1.00 480.00 1.50 720.00 41.37 29,786.40 § 92.502 ...... Homeownership and Rental Set- 594.00 1.00 594.00 16.00 9,504.00 41.37 393,180.48 Up and Completion. § 92.502 ...... Tenant-Based Rental Assistance 225.00 1.00 225.00 5.50 1,237.50 41.37 51,195.38 Set-Up (IDIS). § 92.502 ...... Performance Measurement Set- 6,671.00 1.00 6,671.00 21.00 140,091.00 41.37 5,795,564.67 Up and Completion Screens (IDIS). § 92.502 ...... IDIS Access Request form (HUD 50.00 1.00 50.00 0.50 25.00 41.37 1,034.25 27055). § 92.502(a) ...... Required Reporting of Program 645.00 1.00 645.00 12.00 7,740.00 41.37 320,203.80 Income. § 92.504(c) ...... Written Agreement ...... 8,500.00 1.00 8,500.00 1.00 8,500.00 41.37 351,645.00 § 92.504(d)(2) ...... Financial Oversight and HOME 18,500.00 1.00 18,500.00 1.00 18,500.00 41.37 765,345.00 Rental projects. § 92.508 ...... Recordkeeping- Subsidy 13,302.00 1.00 13,302.00 4.00 53,208.00 41.37 2,201,214.96 Layering and Underwriting. § 92.508 ...... Recordkeeping (Additional)...... 10,110.00 1.00 10,110.00 1.00 10,110.00 41.37 418,250.70 § 92.509 ...... Annual Performance Reports 598.00 1.00 598.00 2.50 1,495.00 41.37 61,848.15 (HUD 40107). § 92.509 ...... Management Reports—FY 594.00 1.00 594.00 0.75 445.50 41.37 18,430.34 Match Report (HUD 40107A).

Frequency Responses Burden Annual Hourly Reg. section Paperwork Number of of per hours per burden cost per Annual cost requirement responses response annum response hours response

§ 92.550, ...... HUD Monitoring of Program ...... 645.00 1.00 645.00 0.25 161.25 41.37 6,670.91 § 91.525 ...... Documentation and Activities .... § 91.220 ...... Describe the plan for outreach .. 427.00 1.00 427.00 1.00 427.00 41.37 17,664.99 § 91.220 ...... Describe plan to ensure suit- 427.00 1.00 427.00 1.00 427.00 41.37 17,664.99 ability. Direct Deposit Sign up form (SF 10.00 1.00 10.00 0.25 2.50 41.37 103.43 1199A).

Totals ...... 204,176.00 ...... 633,536.25 ...... 26,209,394.66

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43597

B. Solicitation of Public Comment non-Federal land in California. We have permit application, draft SHA, and the This notice is soliciting comments prepared a draft environmental action draft EAS. statement (EAS) for our preliminary from members of the public and affected Background Information parties concerning the collection of determination that the SHA and permit SHAs are intended to encourage information described in Section A on decision may be eligible for categorical private or other non-Federal property the following: exclusion under the National (1) Whether the proposed collection Environmental Policy Act. We invite the owners to implement beneficial of information is necessary for the public to review and comment on the conservation actions for species listed proper performance of the functions of permit application, draft SHA, and the under the ESA. SHA permit holders are the agency, including whether the draft EAS. assured that they will not be subject to information will have practical utility; DATES: To ensure consideration, please increased property use restrictions as a (2) The accuracy of the agency’s send your written comments on or result of their proactive actions to estimate of the burden of the proposed before August 17, 2020. benefit listed species. Incidental take of collection of information; ADDRESSES: You may view or download listed species is authorized under a (3) Ways to enhance the quality, copies of the draft SHA and draft EAS permit pursuant to the provisions of utility, and clarity of the information to and obtain additional information on section 10(a)(1)(A) of the ESA. For an be collected; and the internet at https://www.fws.gov/ applicant to receive a permit through an (4) Ways to minimize the burden of carlsbad/, or obtain hard copies or a SHA, the applicant must submit an the collection of information on those CD–ROM by calling the phone number application form that includes the who are to respond; including through listed below. You may submit following: the use of appropriate automated comments or requests for more (1) The common and scientific names collection techniques or other forms of information by any of the following of the listed species for which the information technology, e.g., permitting methods: applicant requests incidental take electronic submission of responses. • Email: [email protected]. authorization; HUD encourages interested parties to Include ‘‘Amargosa vole SHA’’ in the (2) A description of how incidental submit comment in response to these subject line of the message. take of the listed species pursuant to the questions. • U.S. Mail: Assistant Field SHA is likely to occur, both as a result Supervisor, U.S. Fish and Wildlife of management activities and as a result C. Authority Service, Palm Springs Fish and Wildlife of the return to baseline; and Section 3507 of the Paperwork Office, 777 East Tahquitz Canyon Way, (3) A description of how the SHA Reduction Act of 1995, 44 U.S.C. Suite 208, Palm Springs, CA 92262. complies with the requirements of the Chapter 35. FOR FURTHER INFORMATION CONTACT: Service’s Safe Harbor policy. Scott Hoffmann, Palm Springs Fish and For the Service to issue a permit, we Dated: June 30, 2020. must determine that: Anna P. Guido, Wildlife Office (see ADDRESSES); by telephone at 760–322–2070 or by (1) The take of listed species will be Department Reports Management Officer, _ incidental to an otherwise lawful Office of the Chief Information Officer. electronic mail at scott hoffmann@ fws.gov. If you use a activity and will be in accordance with [FR Doc. 2020–15438 Filed 7–16–20; 8:45 am] telecommunications device for the deaf the terms of the SHA; (2) The implementation of the terms BILLING CODE 4210–67–P (TDD), please call the Federal Information Relay Service at 800–877– of the SHA is reasonably expected to 8339. provide a net conservation benefit to the DEPARTMENT OF THE INTERIOR covered species by contributing to its SUPPLEMENTARY INFORMATION: Susan recovery, and the SHA otherwise Fish and Wildlife Service Sorrells, hereafter referred to as the complies with the Service’s Safe Harbor applicant, has applied to the U.S. Fish Policy (64 FR 32717, June 17, 1999); [FWS–R8–ES–2020–N073; and Wildlife Service for permit (3) The probable direct and indirect FXES11140800000–201–FF08ECAR00] pursuant to section 10(a)(1)(A) of the effects of any authorized take will not Endangered Species Act of 1973, as appreciably reduce the likelihood of Safe Harbor Agreement for the amended (ESA; 16 U.S.C. 1531 et seq.). Reintroduction of the Amargosa Vole survival and recovery in the wild of any The permit application includes a draft listed species; (Microtus californicus scirpensis) in safe harbor agreement (SHA), which Shoshone, CA, and Draft (4) Implementation of the terms of the covers 467 acres owned by the applicant SHA is consistent with applicable Environmental Action Statement, Inyo in Inyo County, California. The County, CA Federal, State, and Tribal laws and proposed term of the permit and the regulations; AGENCY: Fish and Wildlife Service, SHA is 30 years. The permit would (5) Implementation of the terms of the Interior. authorize incidental take of the SHA will not be in conflict with any ACTION: Notice of availability; request endangered Amargosa vole (Microtus ongoing conservation or recovery for comments. californicus scirpensis) in exchange for programs for listed species covered by habitat conservation actions that are the permit; and SUMMARY: We, the U.S. Fish and expected to provide a net conservation (6) The applicant has shown Wildlife Service (Service), have received benefit for the species. We have capability for and commitment to an application from Susan Sorrells prepared a draft environmental action implementing all of the terms of the (applicant) for an enhancement of statement (EAS) for our preliminary SHA. survival permit (permit) under the determination that the SHA and permit The Service’s Safe Harbor Policy (64 Endangered Species Act. The decision may be eligible for categorical FR 32717) and the Safe Harbor application includes a draft safe harbor exclusion under the National Regulations (68 FR 53320, 69 FR 24084) agreement (SHA) to facilitate Environmental Policy Act (NEPA; 43 provide important terms and concepts reintroduction and recovery of the U.S.C. 4321 et seq.). We invite the for developing SHAs. The Service’s Safe federally endangered Amargosa vole on public to review and comment on the Harbor policy and regulations are

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43598 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

available at the following website: stochastic events (e.g., wildfire and fully consider all comments we receive http://www.fws.gov/endangered/laws- disease) within the species’ limited during the comment period. policies/regulations-and-policies.html. existing occupied habitat. Public Availability of Comments Proposed Action Species Information Written comments we receive become The applicant has submitted a draft The current range of the Amargosa part of the public record associated with SHA for the Amargosa vole that covers vole is confined to 36 marshes in the this action. Before including your approximately 467 acres of land Lower Amargosa River Valley in the address, phone number, email address, (enrolled property) in Inyo County, vicinity of Tecopa Hot Springs and the or other personal identifying California, within historical but northern end of the Amargosa Canyon. information in your comment, you currently unoccupied habitat of the The Amargosa vole obligately depends should be aware that the entire Amargosa vole. The enrolled property upon, and is closely associated with, comment, including your personal comprises marsh habitat in areas wetland vegetation dominated by identifying information, may be made irrigated by water from Shoshone Spring Olney’s three-square bulrush available at any time. While you can ask or other sources, interspersed trees of (Schoenoplectus americanus), where it us in your comment to withhold your various species, open meadow, various generally occurs in isolated and disjunct personal identifying information from degrees of undisturbed and disturbed marshes surrounded by saltgrass- public review, we cannot guarantee that salt scrub desert, and developed areas. dominated habitats or more xeric desert we will be able to do so. Development within the enrolled scrub or barren areas. Although not all Authority property includes the Shoshone Trailer of the mechanisms that drive habitat RV Park (camping sites, picnic areas, selection are fully understood, plausible We provide this notice under section walking trails, and a swimming pool), explanations for habitat preference may 10(c) of the ESA (16 U.S.C. 1531 et seq.) various parking areas, and unpaved include the presence of standing and and its implementing regulations (50 trails and roads. The broader Enrolled flowing water, reliance on Olney’s CFR 17.22 and 17.32), and NEPA (42 Property is bisected by Old State three-square bulrush as a vital food U.S.C. 4371 et seq.) and its Highway CA 127 and State Highway CA source, and utilization of bulrush litter implementing regulations (40 CFR 127, and lies adjacent to land owned by layers (up to 3.3 feet in depth) for 1506.6; 43 CFR part 46). the Death Valley Unified School thermoregulation, nesting, and predator District. Within the enrolled property is Scott Sobiech, avoidance. a core area comprising three connected Field Supervisor, Carlsbad Fish and Wildlife marsh sites where intensive habitat National Environmental Policy Act Office, Pacific Southwest Region. restoration activities have been Compliance [FR Doc. 2020–15437 Filed 7–16–20; 8:45 am] implemented by the applicant, the BILLING CODE 4333–15–P The development of the draft SHA Service, and other cooperators. The permit and implementation of and the proposed issuance of an management activities described in the enhancement of survival permit are DEPARTMENT OF THE INTERIOR SHA will enable the translocation and Federal actions that trigger the need for reintroduction of wild Amargosa voles, compliance with the NEPA (42 U.S.C. Bureau of Indian Affairs which will expand the species’ current 4321 et seq.). We have prepared a draft [201D0102DR/DS5A300000/ range into historical habitat where it EAS to analyze the impacts of permit DR.5A311.IA000118] had previously been extirpated. issuance and implementation of the Management activities will also include SHA on the human environment in Land Acquisitions; Osage Nation, ongoing restoration in the core area to comparison to the no-action alternative. Bartlesville Property, Oklahoma support this newly established We have made a preliminary determination that issuing the permit AGENCY: Bureau of Indian Affairs, population. The re-establishment of Interior. Amargosa vole populations within their and implementing the SHA would have ACTION: historical range is a high-priority minor or negligible impacts to the Notice. recovery action. Management activities environment, and thus the proposed SHA and permit actions are eligible for SUMMARY: The Assistant Secretary— in the SHA have been developed to Indian Affairs made a final agency support recovery actions for the categorical exclusion under NEPA. The basis for our preliminary determination determination to acquire 125 acres, Amargosa vole by restoring and more or less, of land in trust for the protecting suitable habitat, and by is contained in the EAS, which is available for public review (see Osage Nation for gaming and other implementing habitat management purposes on June 26, 2020. plans. The Service anticipates that ADDRESSES). FOR FURTHER INFORMATION CONTACT: Ms. implementation of these activities will Next Steps Paula L. Hart, Director, Office of Indian produce the following net conservation Gaming, Mailstop 3543, 1849 C Street benefits to the Amargosa vole: We will evaluate the permit • Re-establish Amargosa vole application, associated documents, and NW, Washington, DC 20240, telephone populations at the northern extent of the comments we receive to determine (202) 219–4066. subspecies’ range, in its historical type whether the permit application meets SUPPLEMENTARY INFORMATION: On June locality; the requirements of the ESA, NEPA, and 26, 2020, the Assistant Secretary— • Provide areas where suitable habitat their implementing regulations. If we Indian Affairs made a final agency for the Amargosa vole will be determine that all requirements are met, determination to accept land into trust maintained, protected, and remain we will sign the proposed SHA and for the Osage Nation under the authority relatively undisturbed; issue a permit under section 10(a)(1)(A) of the Indian Reorganization Act of June • Increase population redundancy of the ESA to the applicant. We will not 18, 1934, 25 U.S.C. 5108. The Assistant within the subspecies’ range; and make our final decision on the permit Secretary—Indian Affairs also • Reduce the potential for local application until after the end of the determined that the Osage Nation meets extirpation and extinction due to public comment period, and we will the requirements of the Indian Gaming

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43599

Regulatory Act’s ‘‘Oklahoma 151.12 (c)(2)(ii) that notice of the decision to Township Twenty-five (25) North, exception,’’ 25 U.S.C. 2719(a)(2)(A)(i), to acquire land in trust be promptly provided in Range Nine (9) East of the Indian Base the general prohibition contained in 25 the Federal Register. and Meridian, Osage County, Oklahoma, U.S.C. 2719(a) on gaming on lands Tara Sweeney, more particularly described as follows: acquired in trust after October 17, 1988. Assistant Secretary—Indian Affairs. Commencing at the Southwest corner of The Assistant Secretary—Indian [FR Doc. 2020–15489 Filed 7–16–20; 8:45 am] the S/2 NW/4; thence N 01°06′02″ W along Affairs, on behalf of the Secretary of the BILLING CODE 4337–15–P the Westerly line of said S/2 NW/4 for 611.20 Interior, will immediately acquire title feet; thence N 82°51′58″ E for 182.05 feet to to the Bartlesville Property, 125 acres, the point of beginning of said tract of land, more or less, in the name of the United DEPARTMENT OF THE INTERIOR thence continuing N 82°51′58″ E for 47.95 States of America in trust for the Osage feet; thence N 73°16′58″ E for 430.00 feet; Nation, upon fulfillment of all Bureau of Indian Affairs thence N 88°51′58″ E for 1272.93 feet to a Departmental requirements. The 125 [201D0102DR/DS5A300000/ point at the centerline of Bird Creek; thence acres, more or less, are described as ° ′ ″ DR.5A311.IA000118] S 47 23 50 W along said centerline for follows: 134.88 feet; thence S 39°43′47″ W along said Legal Description of Property Land Acquisitions; Osage Nation, centerline for 306.80 feet to a point of curve; Pawhuska Property, Oklahoma thence Southwesterly, Southerly and Surface Only Southeasterly along said centerline on a AGENCY: Bureau of Indian Affairs, The SE1⁄4 of the NW1⁄4 and the W1⁄2 curve to the left having a central angle of Interior. ° ′ ″ of the NE1⁄4 of Section 8, Township 26 113 05 30 , a radius of 130.00 feet, a chord North, Range 12 East, of the Indian Base ACTION: Notice. bearing of S 16°48′58″ E, and a chord and Meridian, Osage County, Oklahoma, distance of 216.93 feet for an arc length of SUMMARY: The Assistant Secretary— 256.60 feet to a point of tangency; thence S according to the U.S. Government Indian Affairs made a final agency Survey thereof. 73°21′43″ E along said centerline for 386.38 determination to acquire 63.1 acres, feet to a point of curve; thence Southeasterly Less and except Tracts A and B more or less, of land known as the 1 1 along said centerline on a curve to the right located in the NW ⁄4 of the NE ⁄4 of Pawhuska Property in Osage County, ° ′ ″ Section 8, Township 26 North, Range 12 having a central angle of 20 49 19 , a radius Oklahoma, in trust for the Osage Nation ° ′ ″ East, fdescribed as follows: of 550.00 feet, a chord bearing of S 62 57 03 for gaming and other purposes on June E, and a chord distance of 198.78 feet for an Tract A 26, 2020. arc length of 199.88 feet to a point on the Commencing at the northwest corner FOR FURTHER INFORMATION CONTACT: Ms. Southerly line of said S/2 NW/4; thence S 1 1 Paula L. Hart, Director, Office of Indian ° ′ ″ of the NW ⁄4 of the NE ⁄4 of Section 8, 88 38 24 W along said Southerly line for thence South 01°57′28″ East along the Gaming, Mailstop 3543, 1849 C Street 901.32 feet to the Northeast corner of said ° ′ ″ westerly line thereof 98.19 feet to the NW, Washington, DC 20240, telephone NW/4 SW/4; thence S 00 58 53 E along the point of beginning; thence continuing (202) 219–4066. Easterly line of said NW/4 SW/4 for 1313.82 South 01°57′28″ East along the westerly SUPPLEMENTARY INFORMATION: On June feet to the Southeast corner of said NW/4 ° ′ ″ line thereof for 126.98 feet; thence 26, 2020, the Assistant Secretary— SW/4; thence S 88 41 32 W along the South 89°09′03″ East for 285.22 feet; Indian Affairs made a final agency Southerly line of said NW/4 SW/4 for ° ′ ″ determination to accept land into trust 1264.28 feet to a point, said point being N thence North 81 13 42 East for 188.48 ° ′ ″ feet; thence North 0°09′01″ West for for the Osage Nation under the authority 88 41 32 E a distance of 51.32 feet from the ° of the Indian Reorganization Act of June Southwest corner of said NW/4 SW/4; thence 103.64 feet; thence South 89 50’59’’ ° ′ ″ West for 475.54 feet to the point of 18, 1934, 25 U.S.C. 5108. The Assistant N 04 03 46 E for 1318.54 feet to a point on the Northerly line of said NW/4 SW/4, said beginning, containing 1.357 acres, more Secretary—Indian Affairs also point being N 88°38′24″ E a distance of or less. determined that the Osage Nation meets the requirements of the Indian Gaming 166.56 feet from the Southwest corner of said Tract B S/2 NW/4; thence N 04°00′06″ E for 153.36 Regulatory Act’s ‘‘Oklahoma ° ′ ″ Commencing at the northeast corner exception,’’ 25 U.S.C. 2719(a)(2)(A)(i), to feet; thence N 00 59 56 W for 476.83 feet to the point of beginning of said tract of land, of the NW1⁄4 of the NE1⁄4 of Section 8, the general prohibition contained in 25 thence South 01°00′03″ East along the U.S.C. 2719(a) on gaming on lands containing 63.100 acres, more or less. SURFACE ONLY. easterly line thereof for 49.07 feet to the acquired in trust after October 17, 1988. point of beginning; thence South The Assistant Secretary—Indian Authority 01°00′03″ East continuing along the Affairs, on behalf of the Secretary of the easterly line thereof for 126.70 feet; Interior, will immediately acquire title This notice is published in the thence North 89°09′06″ West for 283.38 to the Pawhuska Property, 63.1 acres, exercise of authority delegated by the feet; thence North 00°50′57″ East for more or less, in the name of the United Secretary of the Interior to the Assistant 6.50 feet; thence North 00°09′01″ West States of America in Trust for Osage Secretary—Indian Affairs by 209 for 115.24 feet; thence North 89°50′57″ Nation upon fulfillment of all Departmental Manual 8.1, and is East for 281.34 feet to the point of Departmental requirements. The 63.1 published to comply with the beginning, containing 0.805 acre, more acres, more or less, are described as requirements of 25 CFR 151.12(c)(2)(ii) or less. follows: that notice of the decision to acquire Containing 125.48 acres, more or less. land in trust be promptly provided in Legal Description of Property the Federal Register. Authority: This notice is published in the A parcel or tract of land in the exercise of authority delegated by the Tara Sweeney, Secretary of the Interior to the Assistant Northwest Quarter of the Southwest Assistant Secretary—Indian Affairs. Secretary—Indian Affairs by 209 Quarter (NW/4 of the SW/4) and part of Departmental Manual 8.1, and is published the South Half of the Northwest Quarter [FR Doc. 2020–15487 Filed 7–16–20; 8:45 am] to comply with the requirements of 25 CFR (S/2 of the NW/4) of Section Two (2), BILLING CODE 4337–15–P

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43600 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

DEPARTMENT OF THE INTERIOR near Yerington, Lyon County, Nevada. U.S. International Trade Commission, Parties to the Settlement Agreement 500 E Street SW, Washington, DC Bureau of Land Management include the DOI and ARC. Under the 20436, telephone (202) 205–3427. [LLNV922000.L2642000.BH0000. Settlement Agreement, ARC agrees to Copies of non-confidential documents LXHMFAB20000.18X MO# 4500144069] pay DOI $700,000 in past response filed in connection with this costs. This represents a compromise investigation may be viewed on the Notice of Proposed CERCLA payment for past costs incurred by DOI. Commission’s electronic docket (EDIS) Settlement Agreement for Recovery of In exchange, DOI covenants not to sue at https://edis.usitc.gov. For help Past Response Costs for the or take administrative action against accessing EDIS, please email Anaconda Copper Mine Site, ARC pursuant to Section 107(a) of [email protected]. General Yerington, Lyon County, Nevada CERCLA, for DOI’s past response costs information concerning the Commission as those costs are defined in the may also be obtained by accessing its AGENCY: Bureau of Land Management, Settlement Agreement. BLM will internet server at https://www.usitc.gov. Interior. consider all comments received on the Hearing-impaired persons are advised ACTION: Notice of proposed settlement; proposed Settlement Agreement in that information on this matter can be request for public comment. accordance with the DATES and obtained by contacting the ADDRESSES sections of this Notice, and Commission’s TDD terminal on (202) SUMMARY: In accordance with the may modify or withhold its consent to 205–1810. Comprehensive Environmental the proposed Settlement Agreement if Response, Compensation and Liability SUPPLEMENTARY INFORMATION: The comments received disclose facts or Commission instituted this investigation Act of 1980, as amended (CERCLA), considerations that indicate that the notice is hereby given that the United on April 10, 2019, based on a complaint proposed Settlement Agreement is filed by Heraeus Medical LLC of States Department of the Interior (DOI) inappropriate, improper, or inadequate. has entered into a proposed settlement, Yardley, Pennsylvania, and Heraeus embodied in a CERCLA Settlement Jon K. Raby, Medical GmbH of Wehrheim, Germany Agreement for Recovery of Past State Director, Nevada State Office, Bureau (collectively, ‘‘Heraeus’’). 84 FR 14394– Response Costs for the Anaconda of Land Management. 95 (Apr. 10, 2019). The complaint Copper Mine Site, Yerington, Lyon [FR Doc. 2020–15471 Filed 7–16–20; 8:45 am] alleges a violation of section 337 by County, Nevada (Settlement BILLING CODE 4310–HC–P reason of misappropriation of trade Agreement), with Atlantic Richfield secrets, the threat or effect of which is Company (ARC). Under the proposed to destroy or substantially injure a settlement, ARC agrees to pay DOI INTERNATIONAL TRADE domestic industry in the United States compromised past costs incurred by COMMISSION or to prevent the establishment of such DOI at the Anaconda Copper Mine Site. an industry. The complaint named the [Investigation No. 337–TA–1153] following respondents: Zimmer Biomet DATES: Comments must be received on Holdings, Inc. of Warsaw, Indiana; or before August 17, 2020. Certain Bone Cements, Components Biomet, Inc. of Warsaw, Indiana; ADDRESSES: The Settlement Agreement Thereof and Products Containing the Zimmer Orthopaedic Surgical Products, is available for public inspection at the Same; Commission Determination To Inc. of Dover, Ohio; Zimmer Surgical, Bureau of Land Management, Nevada Review in Part a Final Initial Inc. of Dover, Ohio; Biomet France State Office, 1340 Financial Boulevard, Determination Finding a Violation of S.A.R.L. of Valence, France; Biomet Reno, Nevada 89502, phone: (775) 861– Section 337; Schedule for Filing Deutschland GmbH of Berlin, Germany; 6400. Comments should be addressed to Written Submissions on the Issues Zimmer Biomet Deutschland GmbH of Nathalie Doherty, Attorney-Advisor, Under Review and on Remedy, the Freiburg im Breisgau, Germany; Biomet Office of the Solicitor, U.S. Department Public Interest, and Bonding Europe B.V. of Dordrecht, Netherlands; of the Interior, 601 SW 2nd Avenue, AGENCY: U.S. International Trade Biomet Global Supply Chain Center B.V. Suite 1950, Portland, Oregon 97204; Commission. of Dordrecht, Netherlands; Zimmer Email: [email protected]; ACTION: Notice. Biomet Nederland B.V. of Dordrecht, and should reference the Anaconda Netherlands; Biomet Orthopedics, LLC Copper Mine Site. The BLM’s response SUMMARY: Notice is hereby given that of Warsaw, Indiana; and Biomet to any comments received will be the U.S. International Trade Orthopaedics Switzerland GmbH of available for public inspection at the Commission has determined to review Dietikon, Switzerland. The same address. in part the final initial determination Commission’s Office of Unfair Import FOR FURTHER INFORMATION CONTACT: (‘‘final ID’’) issued by the presiding Investigations (‘‘OUII’’) also was named Nathalie Doherty, Attorney-Advisor, administrative law judge (‘‘ALJ’’) on as a party. Office of the Solicitor, U.S. Department May 6, 2020, finding no violation of The investigation has terminated as to of the Interior, 601 SW 2nd Avenue, section 337 of the Tariff Act of 1930, as respondents Zimmer Orthopaedic Suite 1950, Portland, Oregon 97204; amended, in connection with the Surgical Products, Inc. and Biomet Email: [email protected]; alleged misappropriation of trade Europe B.V., Order No. 10 (May 23, Phone: (503) 872–2784. secrets. The Commission requests 2019), not reviewed, Notice (June 14, SUPPLEMENTARY INFORMATION: Notice of briefing from the parties on certain 2019), and as to certain accused this proposed Settlement Agreement is issues under review, as indicated in this products, Order No. 30 (Nov. 24, 2019), made in accordance with the Section notice. The Commission also requests not reviewed, Notice (Dec. 10, 2019). 122(i) of CERCLA. The Settlement briefing from the parties, interested Also, the first amended complaint and Agreement entered into under Section government agencies, and interested notice of investigation were amended to 122(h) of CERCLA concerns ARC’s persons on the issues of remedy, the add three entities as respondents: payment of compromised past costs public interest, and bonding. Zimmer US, Inc.; Zimmer, GmbH; and incurred by DOI in connection with FOR FURTHER INFORMATION CONTACT: Ron Biomet Manufacturing, LLC. Order No. Anaconda Copper Mine Site, located Traud, Office of the General Counsel, 18 (June 26, 2019), not reviewed, 84 FR

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43601

35884–85 (July 25, 2019). The remaining existence of a domestic industry, if the include a discussion of the relevant respondents are referred to collectively final ID’s findings are modified to statutory language, any relevant herein as ‘‘Zimmer Biomet.’’ exclude expenditures for the Reduce legislative history, any relevant Federal On May 6, 2020, the ALJ issued the Revisions initiative and contracting Circuit decisions and any relevant prior final ID, which finds that Zimmer costs for medical professionals, but to Commission determinations. Biomet did not violate section 337. include the contracting costs for FDA In connection with the final More particularly, the final ID finds, Group: (A) What would be the dollar disposition of this investigation, the inter alia, that: (1) The Commission has amount of total qualifying investments, statute authorizes issuance of: (1) An subject matter and personal jurisdiction; and (B) what evidence and argument exclusion order that could result in the (2) Zimmer Biomet sold for importation was presented to the administrative law exclusion of the subject articles from into the United States, imported, or sold judge regarding the nature and entry into the United States, and/or (2) after importation the Accused Products; significance of those investments? one or more cease and desist orders that (3) a domestic industry exists with (2) For purposes of determining could result in the respondents being respect to Heraeus’s education, training, whether Heraeus has established the required to cease and desist from and research and development and existence of a domestic industry, if the engaging in unfair acts in the Heraeus owns the asserted trade secrets; final ID’s findings are modified to importation and sale of such articles. (4) trade secrets (‘‘TS’’) 1–35 are exclude expenditures for the Reduce Accordingly, the Commission is protectable trade secrets, but TS 121–23, Revisions initiative and contracting interested in receiving written 130–34, and 145 are not protectable costs for medical professionals, and the submissions that address the form of trade secrets; (5) Zimmer Biomet contracting costs for FDA Group were remedy, if any, that should be ordered. misappropriated TS 1–35; and (6) excluded (as the ID did): (A) What If a party seeks exclusion of an article Heraeus did not show a substantial would be the dollar amount of total from entry into the United States for injury or threat of injury to its domestic qualifying investments, and (B) what purposes other than entry for industry by Zimmer Biomet’s evidence and argument was presented consumption, the party should so misappropriation. to the administrative law judge indicate and provide information The final ID includes the ALJ’s regarding the nature and significance of establishing that activities involving Recommended Determination on those investments? other types of entry either are adversely Remedy and Bond (the ‘‘RD’’). The RD (3) For the costs related to education- affecting it or are likely to do so. For recommends that, if the Commission and-training-related investments (e.g., background, see Certain Devices for finds a violation of section 337, the the Reduce Revisions initiative), Connecting Computers via Telephone Commission should issue a limited discuss: (A) How the Commission and Lines, Inv. No. 337–TA–360, USITC exclusion order directed to copolymer the Federal Circuit have considered Pub. No. 2843, Comm’n Op. at 7–10 trade secrets TS 1–35 for five years; a education-and-training-related (Dec. 1994). In addition, if a party seeks limited exclusion order directed to the investments in prior investigations, e.g., issuance of any cease and desist orders, other categories of asserted trade secrets Certain Sleep-Disordered Breathing the written submissions should address for two years or less; and cease and Treatment Systems and Components that request in the context of recent desist orders directed to Zimmer Thereof, Inv. No. 337–TA–890, Init. Det. Commission opinions, including those Biomet. The RD further recommends at 168–70 (Aug. 21, 2014), not reviewed in Certain Arrowheads with Deploying imposing a bond of five percent during in relevant part, Notice (Oct. 16, 2014), Blades and Components Thereof and the period of Presidential review. and (B) how the facts of this Packaging Therefor, Inv. No. 337–TA– On May 18, 2020, the parties filed investigation should be assessed in light 977, Comm’n Op. (Apr. 28, 2017) and petitions for review of the final ID, and of applicable precedent. Certain Electric Skin Care Devices, on May 26, 2020, the parties filed (4) For the Reduce Revisions initiative Brushes and Chargers Therefor, and Kits responses. Issues not raised in the costs: (A) Are these costs incorporated Containing the Same, Inv. No. 337–TA– petitions for review are deemed to have into Heraeus’s general marketing 959, Comm’n Op. (Feb. 13, 2017). been abandoned. 19 CFR 210.43. expenses? See Certain Gas Spring Nailer The statute requires the Commission Having examined the record in this Products and Components Thereof, Inv. to consider the effects of that remedy investigation, including the final ID, the No. 337–TA–1082, Comm’n Op. at 83 upon the public interest. The public petitions for review, and the responses n.20 (Apr. 28, 2020); (B) if the costs are interest factors the Commission will thereto, the Commission has determined viewed as marketing expenses, is there consider include the effect that an to review the final ID in part. In a basis for concluding the costs are exclusion order and/or cease and desist particular, the Commission has technical marketing costs; and (C) how orders would have on: (1) The public determined to review the following: should technical marketing costs be health and welfare, (2) competitive (1) The ALJ’s findings and treated? conditions in the U.S. economy, (3) U.S. conclusions as to TS 1–35 and 121–23; (5) For the alleged costs related to production of articles that are like or and FDA and other regulatory approvals and directly competitive with those that are (2) The ALJ’s domestic industry compliance: (A) Which of those subject to investigation, and (4) U.S. findings, including whether there has regulatory efforts had to take place in consumers. The Commission is been a substantial injury to the alleged the United States (for either legal or therefore interested in receiving written domestic industry. practical reasons), and which could submissions that address the The Commission has determined to have been carried out in another aforementioned public interest factors not review the remainder of the final ID. country; and (B) does the record permit in the context of this investigation. The parties are requested to brief their allocation of costs between those two If the Commission orders some form positions with reference to the categories? of remedy, the U.S. Trade applicable law and the evidentiary (6) Please analyze whether a Representative, as delegated by the record regarding the questions provided complainant bringing a claim under President, has 60 days to approve, below: section 337(a)(1)(A)(i) must demonstrate disapprove, or take no action on the (1) For purposes of determining that its industry in the United States is Commission’s action. See Presidential whether Heraeus has established the ‘‘significant’’ or ‘‘substantial.’’ Please Memorandum of July 21, 2005, 70 FR

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43602 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

43251 (July 26, 2005). During this statement of the reasons why the Office of Investigations, U.S. period, the subject articles would be Commission should grant such International Trade Commission, 500 E entitled to enter the United States under treatment. See 19 CFR 201.6. Documents Street SW, Washington, DC 20436. bond, in an amount determined by the for which confidential treatment by the Hearing-impaired persons can obtain Commission and prescribed by the Commission is properly sought will be information on this matter by contacting Secretary of the Treasury. The treated accordingly. All information, the Commission’s TDD terminal on 202– Commission is therefore interested in including confidential business 205–1810. Persons with mobility receiving submissions concerning the information and documents for which impairments who will need special amount of the bond that should be confidential treatment is properly assistance in gaining access to the imposed if a remedy is ordered. sought, submitted to the Commission for Commission should contact the Office Written Submissions: The parties to purposes of this Investigation may be of the Secretary at 202–205–2000. the investigation are requested to file disclosed to and used: (i) By the General information concerning the written submissions on the questions Commission, its employees and Offices, Commission may also be obtained by identified in this notice. Parties to the and contract personnel (a) for accessing its internet server (http:// investigation, interested government developing or maintaining the records www.usitc.gov). The public record for agencies, and any other interested of this or a related proceeding, or (b) in these reviews may be viewed on the parties are encouraged to file written internal investigations, audits, reviews, Commission’s electronic docket (EDIS) submissions on the issues of remedy, and evaluations relating to the at http://edis.usitc.gov. the public interest, and bonding. Such programs, personnel, and operations of SUPPLEMENTARY INFORMATION: Effective initial written submissions should the Commission including under 5 March 18, 2020, the Commission include views on the RD that issued on U.S.C. Appendix 3; or (ii) by U.S. established a schedule for the conduct May 6, 2020. government employees and contract of these reviews (85 FR 16957, March In their initial written submission, personnel, solely for cybersecurity 25, 2020). Counsel for DuPont Teijin Complainants are also requested to purposes. All contract personnel will Films, Mitsubishi Polyester Film, Inc., identify the form of the remedy sought, sign appropriate nondisclosure SKC, Inc., and Toray Plastics (America), and Complainants and OUII are agreements. All non-confidential Inc. and counsel for Polyplex USA, LLC requested to submit proposed remedial written submissions will be available for filed requests to appear at the hearing. orders for the Commission’s public inspection at the Office of the Subsequently, counsel for the domestic consideration. Complainants are also Secretary and on EDIS. parties filed a joint request for requested to state the HTSUS The Commission vote for this consideration of cancellation of the subheadings under which the accused determination took place on July 13, hearing. Counsel indicated a willingness articles are imported, and to supply 2020. to submit written responses to any identification information for all known The authority for the Commission’s Commission questions in lieu of an importers of the accused products. determination is contained in section actual hearing. No other party has Initial written submissions, including 337 of the Tariff Act of 1930, as entered an appearance in these reviews. proposed remedial orders must be filed amended (19 U.S.C. 1337), and in Part Upon consideration of the request, the no later than the close of business on 210 of the Commission’s Rules of Commission determined that, in lieu of July 27, 2020. Reply submissions must Practice and Procedure (19 CFR part the public hearing in connection with be filed no later than the close of 210). these reviews, scheduled to begin at business on August 3, 2020. No further By order of the Commission. 9:30 a.m. on Thursday, July 16, 2020, submissions on these issues will be Issued: July 13, 2020. interested parties who timely made a permitted unless otherwise ordered by Lisa Barton, request to appear at the hearing are the Commission. invited to respond to any written Secretary to the Commission. Persons filing written submissions questions posed by the Commission in must file the original document [FR Doc. 2020–15459 Filed 7–16–20; 8:45 am] their posthearing briefs, which are due electronically on or before the deadlines BILLING CODE 7020–02–P to be filed on July 23, 2020. stated above. The Commission’s paper For further information concerning filing requirements in 19 CFR 210.4(f) these reviews see the Commission’s are currently waived. 85 FR 15798 INTERNATIONAL TRADE COMMISSION notice cited above and the (March 19, 2020). Submissions should Commission’s Rules of Practice and refer to the investigation number (‘‘Inv. [Inv. Nos. 701–TA–415 and 731–TA–933–934 Procedure, part 201, subparts A through No. 337–TA–1153’’) in a prominent (Third Review)] E (19 CFR part 201), and part 207, place on the cover page and/or the first subparts A and C (19 CFR part 207). page. (See Handbook for Electronic Polyethylene Terephthalate (PET) Film Authority: These reviews are being Filing Procedures, https:// From India and Taiwan; Cancellation of _ Hearing for Third Full Five-Year conducted under authority of title VII of the www.usitc.gov/documents/handbook Tariff Act of 1930; this notice is published _ _ Reviews on filing procedures.pdf). Persons with pursuant to section 207.62 of the questions regarding filing should AGENCY: United States International Commission’s rules. contact the Secretary at (202) 205–2000. Trade Commission. By order of the Commission. Any person desiring to submit a document to the Commission in ACTION: Notice. Issued: July 13, 2020. confidence must request confidential Lisa Barton, treatment. All such requests should be DATES: July 10, 2020. Secretary to the Commission. directed to the Secretary to the FOR FURTHER INFORMATION CONTACT: [FR Doc. 2020–15460 Filed 7–16–20; 8:45 am] Commission and must include a full Charles Cummings ((202) 708–1666), BILLING CODE 7020–02–P

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43603

INTERNATIONAL TRADE opportunity were permitted to following basic class(es) of a controlled COMMISSION participate. substance: The Commission made these Drug [Investigation Nos. 701–TA–626 and 731– determinations pursuant to sections Controlled substance code Schedule TA–1452 (Final)] 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It Methcathinone ...... 1237 I Certain Collated Steel Staples From completed and filed its determinations China in these investigations on July 13, 2020. The company plans to import the Determinations The views of the Commission are listed controlled substance for contained in USITC Publication 5085 1 distribution of analytical reference On the basis of the record developed (July 2020), entitled Certain Collated standards to its customers for analytical in the subject investigations, the United Steel Staples from China: Investigation testing of raw materials. No other States International Trade Commission Nos. 701–TA–626 and 731–TA–1452 activities for this drug code are (‘‘Commission’’) determines, pursuant (Final). authorized for this registration. to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is By order of the Commission. William T. McDermott, materially injured by reason of imports Issued: July 13, 2020. Assistant Administrator. Lisa Barton, of certain collated steel staples from [FR Doc. 2020–15465 Filed 7–16–20; 8:45 am] Secretary to the Commission. China, provided for in subheading BILLING CODE P 8305.20.0000 of the Harmonized Tariff [FR Doc. 2020–15457 Filed 7–16–20; 8:45 am] Schedule of the United States, that have BILLING CODE 7020–02–P been found by the U.S. Department of DEPARTMENT OF JUSTICE Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value DEPARTMENT OF JUSTICE Drug Enforcement Administration (‘‘LTFV’’), and to be subsidized by the government of China.2 Drug Enforcement Administration [Docket No. DEA–669] Background [Docket No. DEA–682] Importer of Controlled Substances The Commission instituted these Importer of Controlled Substances Application: Cambrex Charles City investigations effective June 6, 2019, Application: United States following receipt of petitions filed with Pharmacopeial Convention ACTION: Notice of application. the Commission and Commerce by Kyocera Senco Industrial Tools, Inc. ACTION: Notice of application. DATES: Registered bulk manufacturers of (‘‘Senco’’), Cincinnati, Ohio. The final the affected basic class(es), and phase of the investigations was DATES: Registered bulk manufacturers of applicants therefore, may file written scheduled by the Commission following the affected basic class(es), and comments on or objections to the notification of preliminary applicants therefore, may file written issuance of the proposed registration on determinations by Commerce that comments on or objections to the or before August 17, 2020. Such persons imports of certain collated steel staples issuance of the proposed registration on may also file a written request for a from China were subsidized within the or before August 17, 2020. Such persons hearing on the application on or before meaning of section 703(b) of the Act (19 may also file a written request for a August 17, 2020. U.S.C. 1671b(b)) and sold at LTFV hearing on the application on or before within the meaning of 733(b) of the Act August 17, 2020. ADDRESSES: Written comments should (19 U.S.C. 1673b(b)). Notice of the ADDRESSES: Written comments should be sent to: Drug Enforcement scheduling of the final phase of the be sent to: Drug Enforcement Administration, Attention: DEA Federal Commission’s investigations and of a Administration, Attention: DEA Federal Register Representative/DPW, 8701 public hearing to be held in connection Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia therewith was given by posting copies Morrissette Drive, Springfield, Virginia 22152. All requests for a hearing must of the notice in the Office of the 22152. All requests for a hearing must be sent to: Drug Enforcement Secretary, U.S. International Trade be sent to: Drug Enforcement Administration, Attn: Administrator, Commission, Washington, DC, and by Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, publishing the notice in the Federal 8701 Morrissette Drive, Springfield, Virginia 22152. All request for a hearing Register on January 21, 2020 (85 FR Virginia 22152. All request for a hearing should also be sent to: (1) Drug 3417). In light of the restrictions on should also be sent to: (1) Drug Enforcement Administration, Attn: access to the Commission building due Enforcement Administration, Attn: Hearing Clerk/OALJ, 8701 Morrissette to the COVID–19 pandemic, and in Hearing Clerk/OALJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and accordance with 19 U.S.C. 1677c(a)(1), Drive, Springfield, Virginia 22152; and (2) Drug Enforcement Administration, the Commission conducted its hearing (2) Drug Enforcement Administration, Attn: DEA Federal Register via video conference on May 27, 2020; Attn: DEA Federal Register Representative/DPW, 8701 Morrissette all persons who requested the Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. Drive, Springfield, Virginia 22152. SUPPLEMENTARY INFORMATION: In 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 1301.34(a), this CFR 207.2(f)). accordance with 21 CFR 1301.34(a), this is notice that on May 6, 2020, Cambrex 2 The Commission also finds that imports subject is notice that on June 17, 2020, United Charles City, 1205 11th Street, Charles to Commerce’s affirmative critical circumstances States Pharmacopeial Convention, 7135 City, Iowa 50616, applied to be determination are not likely to undermine seriously registered as an importer of the the remedial effect of the countervailing and English Muffin Way, Frederick, antidumping duty orders on certain collated steel Maryland 21704, applied to be following basic class(es) of controlled staples from China. registered as an importer of the substances:

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43604 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

Controlled substance Drug Schedule address one or more of the following collecting respondent data sum to 8,433 code four points: hours (50,596 respondents × 10 minutes 4-Anilino-N-phenethyl-4-piper- 8333 II —Evaluate whether the proposed per response = 8,433 hours). idine (ANPP). collection of information is necessary If additional information is required Phenylacetone ...... 8501 II for the proper performance of the contact: Melody Braswell, Department Coca Leaves ...... 9040 II Clearance Officer, United States Opium, raw ...... 9600 II functions of the agency, including Poppy Straw Concentrate ...... 9670 II whether the information will have Department of Justice, Justice practical utility; Management Division, Policy and The company plans to import the —Evaluate the accuracy of the agency’s Planning Staff, Two Constitution listed controlled substances for internal estimate of the burden of the Square, 145 N Street NE, 3E.405B, use and to manufacture bulk proposed collection of information, Washington, DC 20530. intermediates for sale to its customers. including the validity of the Dated: July 14, 2020. methodology and assumptions used; Melody Braswell, William T. McDermott, —Enhance the quality, utility, and Assistant Administrator. Department Clearance Officer for PRA, U.S. clarity of the information to be Department of Justice. [FR Doc. 2020–15464 Filed 7–16–20; 8:45 am] collected; and/or [FR Doc. 2020–15462 Filed 7–16–20; 8:45 am] BILLING CODE P —Minimize the burden of the collection of information on those who are to BILLING CODE 4410–30–P respond, including through the use of DEPARTMENT OF JUSTICE appropriate automated, electronic, DEPARTMENT OF JUSTICE [OMB Number 1125–NEW] mechanical, or other technological collection techniques or other forms Notice of Lodging of Proposed Agency Information Collection of information technology, e.g., Consent Decree Under the Clean Water Activities; Proposed Collection; permitting electronic submission of Act Comments Requested; Certification responses. and Release of Records On July 13, 2020, the Department of Overview of This Information Justice lodged a proposed consent AGENCY: Executive Office for Collection decree with the United States District Immigration Review, Department of 1. Type of Information Collection: Court for the District of New Hampshire Justice. New Optional Collection. in the lawsuit entitled United States of ACTION: 60-Day notice. 2. The Title of the Form/Collection: America v. City of Manchester, New Certification and Release of Records. Hampshire, Civil Action No. 20–cv–762. SUMMARY: The Department of Justice 3. The agency form number, if any, The United States’ Complaint alleges (DOJ), Executive Office for Immigration and the applicable component of the violations of the Clean Water Act and Review (EOIR), will be submitting the Department sponsoring the collection: the City of Manchester’s National following information collection request Form EOIR–59. The applicable Pollutant Discharge Elimination System to the Office of Management and Budget component within the Department of Permit. The claims arise from the City’s (OMB) for review and approval in Justice is the Office of the General combined sewer overflows which have accordance with the Paperwork Counsel, Executive Office for resulted in the discharge of pollutants Reduction Act of 1995. Immigration Review. from the City’s wastewater collection DATES: Comments are encouraged and 4. Affected public who will be asked system. The Consent Decree calls for an will be accepted for 60 days until or required to respond, as well as a brief approximately twenty year program of September 15, 2020. abstract: improvements which will result in the Primary: Individuals. FOR FURTHER INFORMATION CONTACT: If City eliminating or capturing for Other: None. treatment 95% of the City’s annual wet you have additional comments Abstract: This information collection especially on the estimated public weather combined sewage. is necessary to prevent unauthorized The publication of this notice opens burden or associated response time, disclosure of records of individuals suggestions, or need a copy of the a period for public comment on the maintained by the Department of consent decree. Comments should be proposed information collection Justice, and allows parties who are, or instrument with instructions or addressed to the Assistant Attorney were, in proceedings before EOIR to General, Environment and Natural additional information, please contact disclose or release their records to an Lauren Alder Reid, Assistant Director, Resources Division, and should refer to attorney, accredited representative, United States v. City of Manchester, D.J. Office of Policy, Executive Office for qualified organization, or other third Immigration Review, 5107 Leesburg Ref. No. 90–5–1–1–11620. All party. comments must be submitted no later Pike, Suite 2500, Falls Church, VA 5. An estimate of the total number of 22041, telephone: (703) 305–0289. than thirty (30) days after the respondents and the amount of time publication date of this notice. Written comments and/or suggestions estimated for an average respondent to can also be directed to the Office of Comments may be submitted either by respond: It is estimated that there are email or by mail: Management and Budget, Office of 50,596 respondents, 50,596 annual Information and Regulatory Affairs, responses, and that each response takes To submit Attention Department of Justice Desk 10 minutes to complete. comments: Send them to: Officer, Washington, DC 20530 or sent 6. An estimate of the total public _ to OIRA [email protected]. burden (in hours) associated with the By email ...... pubcomment-ees.enrd@ SUPPLEMENTARY INFORMATION: Written collection: The estimated public burden usdoj.gov. comments and suggestions from the associated with this collection is 8,433 By mail ...... Assistant Attorney General, public and affected agencies concerning hours. It is estimated that respondents U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC the proposed collection of information will take 10 minutes to complete a 20044–7611. are encouraged. Your comments should questionnaire. The burden hours for

VerDate Sep<11>2014 19:23 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43605

During the public comment period, whether the information will have information about this ICR, see the the consent decree may be examined practical utility; (2) if the information related notice published in the Federal and downloaded at this Justice will be processed and used in a timely Register on March 25, 2020 (85 FR Department website: https:// manner; (3) the accuracy of the agency’s 16959). www.justice.gov/enrd/consent-decrees. estimates of the burden and cost of the This information collection is subject We will provide a paper copy of the collection of information, including the to the PRA. A Federal agency generally consent decree upon written request validity of the methodology and cannot conduct or sponsor a collection and payment of reproduction costs. assumptions used; (4) ways to enhance of information, and the public is Please mail your request and payment the quality, utility and clarity of the generally not required to respond to an to: Consent Decree Library, U.S. DOJ— information collection; and (5) ways to information collection, unless the OMB ENRD, P.O. Box 7611, Washington, DC minimize the burden of the collection of approves it and displays a currently 20044–7611. information on those who are to valid OMB Control Number. In addition, Please enclose a check or money order respond, including the use of automated notwithstanding any other provisions of for $20.50 (25 cents per page collection techniques or other forms of law, no person shall generally be subject reproduction cost) payable to the United information technology. to penalty for failing to comply with a States Treasury. Section 103(h) of the Federal Mine collection of information that does not display a valid OMB Control Number. Henry Friedman, Safety and Health Act of 1977 (Mine See 5 CFR 1320.5(a) and 1320.6. Assistant Section Chief, Environmental Act), 30 U.S.C. 813(h), authorizes MSHA to collect information necessary DOL seeks PRA authorization for this Enforcement Section, Environment and information collection for three (3) Natural Resources Division. to carry out its duty in protecting the safety and health of miners. Further, years. OMB authorization for an ICR [FR Doc. 2020–15527 Filed 7–16–20; 8:45 am] cannot be for more than three (3) years BILLING CODE 4410–15–P section 101(a) of the Mine Act, 30 U.S.C. 811, authorizes the Secretary of Labor to without renewal. The DOL notes that develop, promulgate, and revise as may information collection requirements submitted to the OMB for existing ICRs DEPARTMENT OF LABOR be appropriate, improved mandatory health or safety standards for the receive a month-to-month extension while they undergo review. Office of the Secretary protection of life and prevention of injuries in coal or other mines. Title 30 Agency: DOL–MSHA. Agency Information Collection CFR 56.5005 and 57.5005 require, Title of Collection: Respirator Program Activities; Submission for OMB whenever respiratory equipment is Records. Review; Comment Request; Respirator used, that metal and nonmetal mine OMB Control Number: 1219–0048. Program Records operators institute a respirator program Affected Public: Private Sector: governing selection, maintenance, Businesses or other for-profits. Total Estimated Number of ACTION: Notice of availability; request training, fitting, supervision, cleaning, Respondents: 350. for comments. and use of respirators. These standards Total Estimated Number of seek to control miner exposure to SUMMARY: The Department of Labor Responses: 6,300. harmful airborne contaminants by using (DOL) is submitting this Mining Safety Total Estimated Annual Time Burden: engineering controls to prevent and Health Administration (MSHA)- 3,588 hours. sponsored information collection contamination and vent or dilute the Total Estimated Annual Other Costs request (ICR) to the Office of contaminated air. However, where Burden: $140,000. Management and Budget (OMB) for accepted engineering control measures Authority: 44 U.S.C. 3507(a)(1)(D). review and approval in accordance with have not been developed or when necessary by the nature of work Dated: July 10, 2020. the Paperwork Reduction Act of 1995 Anthony May, (PRA). Public comments on the ICR are involved (for example, while Management and Program Analyst. invited. establishing controls or occasional entry into hazardous atmospheres to perform [FR Doc. 2020–15370 Filed 7–16–20; 8:45 am] DATES: The OMB will consider all maintenance or investigation), BILLING CODE 4510–43–P written comments that agency receives employees may work for reasonable on or before August 17, 2020. periods of time in concentrations of ADDRESSES: Written comments and airborne contaminants exceeding DEPARTMENT OF LABOR recommendations for the proposed permissible levels if they are protected information collection should be sent by appropriate respiratory protective Office of the Secretary within 30 days of publication of this equipment. Sections 56.5005 and Agency Information Collection notice to www.reginfo.gov/public/do/ 57.5005 incorporate by reference, Activities; Submission for OMB PRAMain. Find this particular requirements of the American National Review; Comment Request; Periodic information collection by selecting Standards Institute’s Practices for Medical Surveillance Examinations for ‘‘Currently under 30-day Review—Open Respiratory Protection (ANSI Z88.2– Coal Miners for Public Comments’’ or by using the 1969). These incorporated requirements search function. mandate that miners who must wear ACTION: Notice of availability; request FOR FURTHER INFORMATION CONTACT: respirators be fittested to the respirators for comments. Anthony May by telephone at 202–693– that they will use. Certain records are 4129 (this is not a toll-free number) or also required to be kept in connection SUMMARY: The Department of Labor by email at [email protected]. with respirators, including: Written (DOL) is submitting this Mining Safety SUPPLEMENTARY INFORMATION: Comments standard operating procedures and Health Administration (MSHA)- are invited on: (1) Whether the governing the selection and use of sponsored information collection collection of information is necessary respirators; records of the date of request (ICR) to the Office of for the proper performance of the issuance of the respirator; and fit-test Management and Budget (OMB) for functions of the Department, including results. For additional substantive review and approval in accordance with

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43606 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

the Paperwork Reduction Act of 1995 Section 72.100(d) requires that each Dated: July 10, 2020. (PRA). Public comments on the ICR are mine operator must develop and submit Anthony May, invited. for approval to NIOSH a plan in Management and Program Analyst. DATES: The OMB will consider all accordance with 42 CFR part 37 for [FR Doc. 2020–15373 Filed 7–16–20; 8:45 am] written comments that agency receives providing miners with the required BILLING CODE 4510–43–P on or before August 17, 2020. periodic examinations specified in ADDRESSES: Written comments and § 72.100(a) and a roster specifying the recommendations for the proposed name and current address of each miner DEPARTMENT OF LABOR information collection should be sent covered by the plan. Section 72.100(e) within 30 days of publication of this requires that each mine operator must Office of the Secretary notice to www.reginfo.gov/public/do/ post on the mine bulletin board at all Agency Information Collection PRAMain. Find this particular times the approved plan for providing Activities; Submission for OMB information collection by selecting the examinations specified in ‘‘Currently under 30-day Review—Open § 72.100(a). Sections 72.100(d) and (e) Review; Comment Request; for Public Comments’’ or by using the are requirements that mirror NIOSH Qualification/Certification Program search function. information collection requirements Request for MSHA Individual Identification Number (MIIN) FOR FURTHER INFORMATION CONTACT: under 42 CFR 37.4 (existing OMB No. 0920–0020). Including these Anthony May by telephone at 202–693– ACTION: requirements allows MSHA to use its Notice of availability; request 4129 (this is not a toll-free number) or for comments. by email at [email protected]. inspection and enforcement authority to SUPPLEMENTARY INFORMATION: Comments ensure that operators comply with these SUMMARY: The Department of Labor are invited on: (1) Whether the provisions. For additional substantive (DOL) is submitting this Mining Safety collection of information is necessary information about this ICR, see the and Health Administration (MSHA)- for the proper performance of the related notice published in the Federal sponsored information collection functions of the Department, including Register on March 25, 2020 (85 FR request (ICR) to the Office of whether the information will have 16960). Management and Budget (OMB) for practical utility; (2) if the information This information collection is subject review and approval in accordance with will be processed and used in a timely to the PRA. A Federal agency generally the Paperwork Reduction Act of 1995 manner; (3) the accuracy of the agency’s cannot conduct or sponsor a collection (PRA). Public comments on the ICR are estimates of the burden and cost of the of information, and the public is invited. collection of information, including the generally not required to respond to an DATES: The OMB will consider all validity of the methodology and information collection, unless the OMB written comments that agency receives assumptions used; (4) ways to enhance approves it and displays a currently on or before August 17, 2020. the quality, utility and clarity of the valid OMB Control Number. In addition, ADDRESSES: Written comments and information collection; and (5) ways to notwithstanding any other provisions of recommendations for the proposed minimize the burden of the collection of law, no person shall generally be subject information collection should be sent information on those who are to to penalty for failing to comply with a within 30 days of publication of this respond, including the use of automated collection of information that does not notice to www.reginfo.gov/public/do/ collection techniques or other forms of display a valid OMB Control Number. PRAMain. Find this particular information technology. See 5 CFR 1320.5(a) and 1320.6. Section 103(h) of the Federal Mine information collection by selecting DOL seeks PRA authorization for this ‘‘Currently under 30-day Review—Open Safety and Health Act of 1977 (Mine information collection for three (3) Act), 30 U.S.C. 813(h), authorizes for Public Comments’’ or by using the years. OMB authorization for an ICR search function. MSHA to collect information necessary cannot be for more than three (3) years to carry out its duty in protecting the FOR FURTHER INFORMATION CONTACT: without renewal. The DOL notes that Anthony May by telephone at 202–693– safety and health of miners. Further, information collection requirements section 101(a) of the Mine Act, 30 U.S.C. 4129 (this is not a toll-free number) or submitted to the OMB for existing ICRs by email at [email protected]. 811, authorizes the Secretary of Labor to receive a month-to-month extension develop, promulgate, and revise as may while they undergo review. SUPPLEMENTARY INFORMATION: Comments be appropriate, improved mandatory are invited on: (1) Whether the health or safety standards for the Agency: DOL–MSHA. collection of information is necessary protection of life and prevention of Title of Collection: Periodic Medical for the proper performance of the injuries in coal and metal and nonmetal Surveillance Examinations for Coal functions of the Department, including mines. The Mine Act authorizes the Miners. whether the information will have National Institute for Occupational OMB Control Number: 1219–0152. practical utility; (2) if the information Safety and Health (NIOSH) to study the will be processed and used in a timely Affected Public: Private Sector: causes and consequences of coal-related manner; (3) the accuracy of the agency’s Businesses or other for-profits. respiratory disease, and in cooperation estimates of the burden and cost of the with MSHA, to carry out a program for Total Estimated Number of collection of information, including the early detection and prevention of Respondents: 1,126. validity of the methodology and pneumoconiosis. NIOSH administers Total Estimated Number of assumptions used; (4) ways to enhance the National Coal Workers’ Health Responses: 1,352. the quality, utility and clarity of the Surveillance Program, ‘‘Specifications Total Estimated Annual Time Burden: information collection; and (5) ways to for Medical Examinations of 1,020 hours. minimize the burden of the collection of Underground Coal Miners,’’ as specified information on those who are to in 42 CFR part 37. Title 30 CFR 72.100 Total Estimated Annual Other Costs respond, including the use of automated contains collection requirements for Burden: $406. collection techniques or other forms of these activities in paragraphs (d) and (e). Authority: 44 U.S.C. 3507(a)(1)(D). information technology.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43607

Section 103(h) of the Federal Mine Total Estimated Annual Other Costs applications by 5:00 p.m. E.D.T. on the Safety and Health Act of 1977 (Mine Burden: $75. due date identified below. Act), 30 U.S.C. 813(h), authorizes Authority: 44 U.S.C. 3507(a)(1)(D). Applicants must submit applications MSHA to collect information necessary Dated: July 10, 2020. for approval to make subgrants in to carry out its duty in protecting the Anthony May, conjunction with their applications for safety and health of miners. Further, Management and Program Analyst. 2021 Basic Field Grant funding. 45 CFR section 101(a) of the Mine Act, 30 U.S.C. 1627.4(b)(1). The deadlines for 811, authorizes the Secretary of Labor to [FR Doc. 2020–15371 Filed 7–16–20; 8:45 am] BILLING CODE 4510–43–P application submissions is August 20, develop, promulgate, and revise as may 2020. be appropriate, improved mandatory health or safety standards for the All applicants must provide answers protection of life and prevention of LEGAL SERVICES CORPORATION to the application questions in injuries in coal and metal and nonmetal GrantEase and upload the following Notice to LSC Grantees of Application mines. MSHA issues certifications, documents: Process for Subgranting 2021 Basic qualifications, and approvals to the • A draft subgrant agreement (with Field Funds nation’s miners to conduct specific the required terms provided in LSC’s work within the mines. Miners AGENCY: Legal Services Corporation. Subgrant Agreement Template); and requiring qualification or certification ACTION: Notice of application dates and • A subgrant budget (using LSC’s from MSHA will register for an MIIN. format for applications for approval to Subgrant Budget Template). MSHA uses this unique number in place make subgrants of 2021 Basic Field Applicants seeking to subgrant to a of individual Social Security numbers Grant funds. new subrecipient that is not a current (SSNs) for all MSHA collections. The LSC grantee, or to renew a subgrant with SUMMARY: MIIN identifier fulfills Executive Order The Legal Services an organization that is not a current LSC 13402, Strengthening Federal Efforts Corporation (LSC) is the national grantee in a year in which the applicant Against Identity Theft, which requires organization charged with administering is required to submit a full funding Federal agencies to better secure Federal funds provided for civil legal application, must also upload: services to low-income people. LSC government held data. For additional • substantive information about this ICR, hereby announces the submission dates The subrecipient’s accounting see the related notice published in the for applications for subgrants of 2021 manual; Federal Register on April 6, 2020 (85 FR Basic Field Grant funds. LSC is also • The subrecipient’s most recent 19168). providing information about where audited financial statements; This information collection is subject applicants may locate subgrant • The subrecipient’s current cost to the PRA. A Federal agency generally application questions and directions for allocation policy (if not in the cannot conduct or sponsor a collection providing the information required to accounting manual); of information, and the public is apply for a subgrant. • The subrecipient’s 45 CFR 1635.3(c) generally not required to respond to an DATES: See Supplementary Information recordkeeping policy (if not in the information collection, unless the OMB section for application dates. accounting manual). approves it and displays a currently ADDRESSES: Legal Services A list of subgrant application valid OMB Control Number. In addition, Corporation—Office of Compliance and notwithstanding any other provisions of questions, the Subgrant Agreement Enforcement, 3333 K Street NW, Third Template, and the Subgrant Budget law, no person shall generally be subject Floor, Washington, DC 20007–3522. to penalty for failing to comply with a Template are available on LSC’s website FOR FURTHER INFORMATION CONTACT: at http://www.lsc.gov/grants-grantee- collection of information that does not Megan Lacchini, Office of Compliance display a valid OMB Control Number. resources/grantee-guidance/how-apply- and Enforcement at [email protected] subgrant. See 5 CFR 1320.5(a) and 1320.6. or (202) 295–1506 or visit the LSC DOL seeks PRA authorization for this website at http://www.lsc.gov/grants- LSC encourages applicants to use information collection for three (3) grantee-resources/grantee-guidance/ LSC’s Subgrant Agreement Template as years. OMB authorization for an ICR how-apply-subgrant. a model subgrant agreement. If the cannot be for more than three (3) years applicant does not use LSC’s Template, SUPPLEMENTARY INFORMATION: Under 45 without renewal. The DOL notes that the proposed agreement must include, CFR part 1627, LSC must publish, on an information collection requirements at a minimum, the substance of the annual basis, ‘‘notice of the submitted to the OMB for existing ICRs provisions of the Template. requirements concerning the format and receive a month-to-month extension contents of the application annually in Once submitted, LSC will evaluate the while they undergo review. application and provide applicants with Agency: DOL–MSHA. the Federal Register and on LSC’s website.’’ 45 CFR 1627.4(b). This Notice instructions on any needed Title of Collection: Qualification/ modifications to the submitted Certification Program Request for MSHA and the publication of the Subgrant Application on LSC’s website satisfy documents or Draft Agreement provided Individual Identification Number with the application. The applicant (MIIN). § 1627.4(b)’s notice requirement for the Basic Field Grant program. Only current must then upload a final and signed OMB Control Number: 1219–0143. subgrant agreement through GrantEase Affected Public: Private Sector: or prospective recipients of LSC Basic by the date requested. Businesses or other for-profits, Field Grants may apply for approval to individuals and households. subgrant these funds. As required by 45 CFR Total Estimated Number of Applications for approval to make 1627.4(b)(1)(ii), LSC will inform Respondents: 7,500. subgrants of calendar year 2021 Basic applicants of its decision to disapprove Total Estimated Number of Field Grant funds will be available the or approve the subgrant no later than Responses: 7,500. week of July 20, 2020. Applications the date LSC informs applicants of Total Estimated Annual Time Burden: must be submitted through GrantEase. LSC’s 2021 Basic Field Grant funding 625 hours. Applicants must submit their decisions.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43608 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

Dated: July 14, 2020. Engagement TIME & DATE: Wednesday, July 22, 2020 Stefanie Davis, —Deliberations on any Findings and from 2:30–3:30 p.m. EDT. Senior Assistant General Counsel. Recommendations PLACE: This meeting will be held by [FR Doc. 2020–15493 Filed 7–16–20; 8:45 am] —Other UAG Business and Work Plan teleconference through the National BILLING CODE 7050–01–P Schedule; Closing Remarks Science Foundation. In accordance with 41 CFR parts 101– STATUS: Closed. 6 and 102–3, Federal Advisory MATTERS TO BE CONSIDERED: The agenda NATIONAL AERONAUTICS AND Committee Management; Final Rule, of the teleconference is: Committee SPACE ADMINISTRATION Section 102–3.150(b), this meeting is Chair’s Opening Remarks; Discussion of being held with less than 15 calendar NSF’s Fiscal Year 2022 budget [Notice: (20–062)] days’ notice to accommodate the submission to the Office of Management scheduling priorities of the key and Budget. National Space Council Users’ participants. Advisory Group; Meeting CONTACT PERSON FOR MORE INFORMATION: Patricia Rausch, Point of contact for this meeting is: AGENCY: National Aeronautics and Advisory Committee Management Officer, Chris Blair, telephone: (703) 292–7000. Space Administration (NASA). National Aeronautics and Space Meeting information and updates may ACTION: Notice of meeting. Administration. be found at http://www.nsf.gov/nsb/ [FR Doc. 2020–15510 Filed 7–16–20; 8:45 am] meetings/notices.jsp#sunshine. Please SUMMARY: In accordance with the BILLING CODE 7510–13–P refer to the National Science Board Federal Advisory Committee Act, as website www.nsf.gov/nsb for general amended, the National Aeronautics and information. Space Administration (NASA) announces a meeting of the National EXECUTIVE OFFICE OF THE Chris Blair, Space Council Users’ Advisory Group PRESIDENT Executive Assistant to the National Science (UAG). This will be the fifth meeting of Board Office. Office of National Drug Control Policy the UAG. [FR Doc. 2020–15613 Filed 7–15–20; 11:15 am] DATES: Thursday, July 30, 2020, from Appointment of Members of Senior BILLING CODE 7555–01–P 10:00 a.m.–1:00 p.m., Eastern Time. Executive Service Performance Review ADDRESSES: Virtual meeting via dial-in Board teleconference and WebEx only. AGENCY: Office of National Drug Control NUCLEAR REGULATORY FOR FURTHER INFORMATION CONTACT: As Policy (ONDCP). noted above, this meeting will be COMMISSION available telephonically and by WebEx ACTION: Notice of appointments. only. You must use a touch-tone phone [NRC–2020–0001] SUMMARY: The following persons have to participate in this meeting. Any been appointed to the ONDCP Senior Sunshine Act Meetings interested person may dial the USA toll- Executive Service Performance Review free conference call number 1–844–467– Board: Ms. Martha Gagne´ (as Chair), Mr. TIME AND DATE: Weeks of July 20, 27, 4685 or toll number 1–720–259–7012, Kemp Chester, Mr. Eric Talbot, and Dr. August 3, 10, 17, 24, 31, September 7, passcode 106724#, to participate in this Terry Zobeck. 14, 21, 28, October 5, 12, 19, 2020. meeting by telephone. The WebEx link is https://nasaenterprise.webex.com/; FOR FURTHER INFORMATION CONTACT: PLACE: Commissioners’ Conference the meeting number is 199 379 7435, Please direct any questions to Michael Room, 11555 Rockville Pike, Rockville, and password is tHiRkEk@574. To help Passante, Acting General Counsel, (202) Maryland. facilitate public input in this all-virtual 395–6709, Office of National Drug STATUS: Public. Control Policy, Executive Office of the event, we invite appropriate written Week of July 20, 2020 submissions to the UAG public email President, Washington, DC 20503. address at: contact@ Dated: July 14, 2020. There are no meetings scheduled for spacecounciluag.org, in addition to Michael Passante, the week of July 20, 2020. verbal input during the event. Acting General Counsel. Week of July 27, 2020—Tentative The agenda for the meeting will [FR Doc. 2020–15491 Filed 7–16–20; 8:45 am] include the following: There are no meetings scheduled for BILLING CODE 3280–F5–P the week of July 27, 2020. —Opening Remarks and Meeting Objectives by UAG Chair Week of August 3, 2020—Tentative —Expert Presentation on ‘‘Contributions NATIONAL SCIENCE FOUNDATION There are no meetings scheduled for of Historically Black Colleges and the week of August 3, 2020. Universities (HBCUs) to Science, Sunshine Act Meeting Engineering, and the Space Week of August 10, 2020—Tentative Workforce’’ The National Science Board’s Strategy There are no meetings scheduled for —Reports and Updates from UAG Committee, pursuant to NSF regulations the week of August 10, 2020. Subcommittees: (45 CFR part 614), the National Science • Exploration and Discovery Foundation Act, as amended (42 U.S.C. Week of August 17, 2020—Tentative • National Security Space 1862n–5), and the Government in the There are no meetings scheduled for • Technology and Innovation Sunshine Act (5 U.S.C. 552b), hereby the week of August 17, 2020. • Economic Development/Industrial gives notice of the scheduling of a Base teleconference for the transaction of Week of August 24, 2020—Tentative • Outreach and Education National Science Board business, as There are no meetings scheduled for • Space Policy and International follows: the week of August 24, 2020.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43609

Week of August 31, 2020—Tentative 1:00 p.m. All Employees Meeting with prior to the expiration of the existing There are no meetings scheduled for the Commissioners (Public Meeting) license and still receive timely renewal the week of August 31, 2020. CONTACT PERSON FOR MORE INFORMATION: protection. For more information or to verify the DATES: The exemption was issued on Week of September 7, 2020—Tentative status of meetings, contact Denise July 13, 2020. There are no meetings scheduled for McGovern at 301–415–0681 or via email ADDRESSES: Please refer to Docket ID the week of September 7, 2020. at [email protected]. The NRC–2020–0156 when contacting the Week of September 14, 2020—Tentative schedule for Commission meetings is NRC about the availability of subject to change on short notice. information regarding this document. Tuesday, September 15, 2020 The NRC Commission Meeting You may obtain publicly-available 10:00 a.m. Agency’s Response to the Schedule can be found on the internet information related to this document COVID–19 Public Health at: https://www.nrc.gov/public-involve/ using any of the following methods: Emergency (Public Meeting) public-meetings/schedule.html. • Federal Rulemaking Website: Go to (Contact: Luis Betancourt: 301–415– The NRC provides reasonable https://www.regulations.gov/ and search 6146) accommodation to individuals with for Docket ID NRC–2020–0156. Address This meeting will be webcast live at disabilities where appropriate. If you questions about NRC docket IDs in the web address—https://www.nrc.gov/. need a reasonable accommodation to Regulations.gov to Jennifer Borges; participate in these public meetings or telephone: 301–287–9127; email: Thursday, September 17, 2020 need this meeting notice or the [email protected]. For technical 10:00 a.m. Transformation at the transcript or other information from the questions, contact the individual listed NRC—Milestones and Results public meetings in another format (e.g., in the FOR FURTHER INFORMATION (Public Meeting) (Contact: Maria braille, large print), please notify Anne CONTACT section of this document. Arribas-Colon: 301–415–6026) Silk, NRC Disability Program Specialist, • NRC’s Agencywide Documents This meeting will be webcast live at at 301–287–0745, by videophone at Access and Management System the web address—https://www.nrc.gov/. 240–428–3217, or by email at (ADAMS): You may obtain publicly [email protected]. Determinations on available documents online in the Week of September 21, 2020—Tentative requests for reasonable accommodation ADAMS Public Documents collection at There are no meetings scheduled for will be made on a case-by-case basis. https://www.nrc.gov/reading-rm/ the week of September 21, 2020. Members of the public may request to adams.html. To begin the search, select receive this information electronically. Week of September 28, 2020—Tentative ‘‘Begin Web-based ADAMS Search.’’ For If you would like to be added to the problems with ADAMS, please contact Wednesday September 30, 2020 distribution, please contact the Nuclear the NRC’s Public Document Room Regulatory Commission, Office of the 9:00 a.m. Strategic Programmatic reference staff at 1–800–397–4209, 301– Secretary, Washington, DC 20555 (301– Overview of the Operating Reactors 415–4737, or by email to pdr.resource@ 415–1969), or by email at and New Reactors Business Lines nrc.gov. The ADAMS accession number [email protected] or Tyesha.Bush@ and Results of the Agency Action for each document referenced (if it is nrc.gov. Review Meeting (Public Meeting) available in ADAMS) is provided the The NRC is holding the meetings (Contact: Luis Betancourt: 301–415– first time that it is mentioned in this under the authority of the Government 6146) document. in the Sunshine Act, 5 U.S.C. 552b. This meeting will be webcast live at FOR FURTHER INFORMATION CONTACT: the web address—https://www.nrc.gov/. Dated: July 15, 2020. Scott P. Wall, Office of Nuclear Reactor For the Nuclear Regulatory Commission. Week of October 5, 2020—Tentative Regulation; U.S. Nuclear Regulatory Denise L. McGovern Commission, Washington, DC 20555– Thursday, October 8, 2020 Policy Coordinator, Office of the Secretary. 0001; telephone: 301–415–2855; email: 10:00 a.m. Meeting with the [FR Doc. 2020–15662 Filed 7–15–20; 4:15 pm] [email protected]. Organization of Agreement States BILLING CODE 7590–01–P SUPPLEMENTARY INFORMATION: The text of (OAS) and the Conference of the exemption is attached. Radiation Control Program Dated: July 14, 2020. Directors (CRCPD) (Public Meeting) NUCLEAR REGULATORY For the Nuclear Regulatory Commission. (Contact: Celimar Valentin- COMMISSION Bhalchandra K. Vaidya, Rodriquez: 301–415–7124) [Docket No. 50–440; NRC–2020–0156] Project Manager, Plant Licensing Branch III, This meeting will be webcast live at Division of Operating Reactor Licensing, the web address—https://www.nrc.gov/. Energy Harbor Nuclear Corp; Energy Harbor Nuclear Generation LLC; Perry Office of Nuclear Reactor Regulation. Week of October 12, 2020—Tentative Nuclear Power Plant Unit No. 1 Attachment—Exemption There are no meetings scheduled for AGENCY: NUCLEAR REGULATORY the week of October 12, 2020. Nuclear Regulatory Commission. COMMISSION Week of October 19, 2020—Tentative ACTION: Exemption; issuance. Docket No. 50–440 Wednesday, October 21, 2020 SUMMARY: The U.S. Nuclear Regulatory Energy Harbor Nuclear Corp., Energy 10:00 a.m. Briefing on Human Capital Commission (NRC) is issuing an Harbor Nuclear Generation LLC, Perry and Equal Employment exemption in response to a May 15, Nuclear Power Plant, Unit No. 1 Opportunity (Public Meeting) 2020, request from the Energy Harbor Exemption (Contact: Randi Neff: 301–287– Nuclear Corp. (EHNC) to allow EHNC to 0583) submit a sufficient license renewal I. Background This meeting will be webcast live at application for Perry Nuclear Power Energy Harbor Nuclear Corp. (EHNC) the web address—https://www.nrc.gov/. Plant, Unit No. 1, at least three years and Energy Harbor Nuclear Generation

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43610 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

LLC (collectively, the licensees) are the application for renewal of the PNPP excess of those incurred by others holders of the Facility Operating operating license. similarly situated.’’ License No. NPF–58 for Perry Nuclear In its application, EHNC informed the A. The Exemption Is Authorized By Law Power Plant, Unit No. 1 (PNPP), which NRC that the information previously consists of a boiling-water reactor gathered to support development of an This exemption would allow EHNC to located near Lake Erie in Lake County, LRA must be updated and incorporated submit a sufficient LRA license renewal Ohio. The license provides, among other into an application that meets current application for PNPP at least 3 years things, that the facility is subject to all NRC staff expectations. Under 10 CFR prior to the expiration of its existing rules, regulations, and orders of the U.S. 2.109(b), EHNC would need to file a license and still receive timely renewal Nuclear Regulatory Commission (NRC, sufficient LRA for PNPP by March 18, protection under 10 CFR 2.109(b). Commission) now or hereafter in effect. 2021 (at least 5 years prior to the current Section 2.109 implements Section 9(b) The current operating license for PNPP license expiration date). Given the effort of the Administrative Procedure Act expires on March 18, 2026. involved, EHNC indicated that it will (APA), 5 U.S.C. 558(c), which states: By letter dated May 15, 2020 not have adequate time to prepare and (Agencywide Documents Access and submit a sufficient LRA by March 18, When the licensee has made timely and Management System (ADAMS) 2021. sufficient application for a renewal or a new Accession No. ML20136A353), EHNC license in accordance with agency rules, a requested an exemption to allow EHNC II. Request/Action license with reference to an activity of a to submit a license renewal application Under 10 CFR 54.17(a), the NRC continuing nature does not expire until the (LRA) for PNPP at least 3 years prior to requires that an application for a application has been finally determined by the expiration of the existing license renewed license be in accordance with the agency. and, if the NRC finds the application Subpart A of 10 CFR part 2, which The 5-year time period specified in 10 sufficient, to still receive timely renewal includes 10 CFR 2.109(b). In turn, 10 CFR 2.109 is the result of a discretionary protection under Title 10 of the Code of CFR 2.109(b) states, ‘‘If the licensee of Federal Regulations (10 CFR) Part 2, a nuclear power plant licensed under 10 agency rulemaking and not required by Section 2.109(b). Pursuant to 10 CFR CFR 50.21(b) or 50.22 files a sufficient the APA. As stated above, 10 CFR 54.15 2.109(b), the NRC provides timely application for renewal of either an allows the NRC to grant exemptions renewal protection to licensees that operating license or a combined license from the requirements of 10 CFR part submit a sufficient license renewal at least 5 years before the expiration of 54. The NRC has determined that application at least 5 years before the the existing license, the existing license granting this exemption will not result expiration of the existing license. will not be deemed to have expired in a violation of the Atomic Energy Act On May 25, 2017, FirstEnergy Nuclear until the application has been finally of 1954, as amended, the APA, or the Operating Company (FENOC), notified determined.’’ In its letter dated May 15, NRC’s regulations. Therefore, the the NRC of its plans to submit an LRA 2020, EHNC requested an exemption exemption is authorized by law. for PNPP in the fourth quarter of 2020 from 10 CFR 54.17(a) to allow EHNC to B. The Exemption Presents No Undue (ADAMS Accession No. ML17145A171). submit its LRA for PNPP at least 3 years Risk to Public Health and Safety On November 27, 2018, FENOC prior to the expiration of the existing indicated that, with the planned license and still receive timely renewal The requested exemption to allow a 3- shutdown of PNPP, it no longer planned protection under 2.109(b). year time period, rather than the 5 years to submit an LRA (ADAMS Accession III. Discussion specified in 10 CFR 2.109(b), for EHNC No. ML18331A155) due to severe to submit a sufficient license renewal economic challenges. Under 10 CFR 54.15, exemptions from application and receive timely renewal On July 23, 2019, the Ohio General the requirements of Part 54 are governed protection is a scheduling change. The Assembly passed the Ohio Clean Air by 10 CFR 50.12. Pursuant to 10 CFR action does not change the manner in Program, which contains provisions that 50.12, the Commission may, upon which the plant operates and maintains are intended to preserve Ohio’s nuclear application by any interested person or public health and safety because no generation capacity. The Ohio Governor upon its own initiative, grant additional changes are made as a result signed the bill into law on July 23, 2019. exemptions from the requirements of 10 of the action. The NRC expects that a Based on the Ohio Clean Air Program, CFR part 50 when (1) the exemptions period of 3 years provides sufficient FENOC reversed its decision to are authorized by law, will not present time for the NRC to perform a full and permanently cease operations at PNPP. an undue risk to public health or safety, adequate safety and environmental As a result, on July 26, 2019 (ADAMS and are consistent with the common Accession No. ML19207A097), FENOC defense and security; and (2) special review, and for the completion of the withdrew the ‘‘Certification of circumstances are present, as defined in hearing process. Pending final action on Permanent Cessation of Power 10 CFR 50.12(a)(2). In its application, the LRA, the NRC will continue to Operations’’ for PNPP. EHNC stated that two special conduct all regulatory activities By letter dated February 27, 2020 circumstances apply to its request: 10 associated with licensing, inspection, (ADAMS Accession No. ML20030A440), CFR 50.12(a)(2)(ii), ‘‘[a]pplication of the and oversight, and will take whatever the NRC staff authorized the transfer of regulation in the particular action may be necessary to ensure the PNPP facility operating license from circumstances would not serve the adequate protection of the public health FENOC and FirstEnergy Nuclear underlying purpose of the rule or is not and safety. The existence of this Generation, LLC, to EHNC and Energy necessary to achieve the underlying exemption does not affect NRC’s Harbor Nuclear Generation, LLC, which purpose of the rule;’’ and 10 CFR authority, applicable to all licenses, to are subsidiaries of a new privately-held 50.12(a)(2)(iii), ‘‘[c]ompliance would modify, suspend, or revoke a license for holding company, the Energy Harbor result in undue hardship or other costs cause, such as a serious safety concern. Corp. Subsequently, on May 8, 2020 the that are significantly in excess of those Based on the above, the NRC finds that Energy Harbor Corp. Board of Directors contemplated when the regulation was the action does not cause undue risk to met and approved the plan to submit an adopted, or that are significantly in public health and safety.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43611

C. The Exemption Is Consistent With the provisions of § 2.109 now reflect the decision circumstances of PNPP. Compliance Common Defense and Security that a 5-year time limit is more appropriate. with § 2.109(b) would result in undue The requested exemption to allow for Thus, the NRC originally estimated hardship or other costs that are a timely renewal protection deadline of that 3 years was needed to review a significantly in excess of those at least 3 years instead of 5 years is a renewal application and to complete contemplated when the regulation was scheduling change. The exemption does any hearing that might be held on the adopted. In its application, EHNC stated not change any site security matters. application. The NRC changed its that the decision to continue power Therefore, the NRC finds that the action original deadline from 3 years to 5 years operation at PNPP depended on economic and legislative factors that is consistent with the common defense to have consistent deadlines for when evolved in a way that did not permit the and security. licensees must submit their decommissioning plans and related preparation and submission of a license D. Special Circumstances financial assurance information and renewal application five years prior to The purpose of 10 CFR 2.109(b), as it when they must submit their LRA to the license expiration date. EHNC is applied to nuclear power reactors receive timely renewal protection. further stated that if the exemption is licensed by the NRC, is to implement Application of the five-year period in not granted, and it submits its license the ‘‘timely renewal’’ provision of 10 CFR 2.109(b) is not necessary to renewal application less than five years Section 9(b) of the APA, 5 U.S.C. 558(c), achieve the underlying purpose of the before license expiration, then EHNC which states: timely renewal provision in the would face the risk of being forced to regulation if EHNC files a sufficient shut down if the application is not When the licensee has made timely and approved before the current license sufficient application for a renewal or a new PNPP license renewal application at least three years prior to expiration of expires. The impact of changes in license in accordance with agency rules, a economic and legislative conditions on license with reference to an activity of a the license. The NRC’s current schedule continuing nature does not expire until the for review of LRAs is to complete its licensees’ decisions to pursue license application has been finally determined by review and make a decision on issuing renewal was not a factor considered at the agency. the renewed license within 18 months the time the timely renewal rule was issued. The NRC therefore finds that the of receipt without a hearing. If a hearing The underlying purpose of this special circumstance of 10 CFR is held, the NRC’s model schedule ‘‘timely renewal’’ provision in the APA 50.12(a)(2)(iii) also is present. is to protect a licensee who is engaged anticipates completion of the NRC’s in an ongoing licensed activity and who review and of the hearing process, and E. Environmental Considerations has complied with agency rules in issuance of a decision on the license The NRC’s approval of the exemption applying for a renewed or new license renewal application within 30 months to scheduling requirements belongs to a from facing license expiration as the of receipt. category of actions that the NRC, by rule result of delays in the administrative However, it is recognized that the or regulation, has declared to be a process. estimate of 30 months for completion of categorical exclusion, after first finding On December 13, 1991, the NRC a contested hearing is subject to that the category of actions does not published the final license renewal rule, variation in any given proceeding. A individually or cumulatively have a 10 CFR part 54, with associated changes period of 3 years (36 months), significant effect on the human to 10 CFR parts 2, 50, and 140, in the nevertheless, is expected to provide environment. Specifically, the Federal Register (56 FR 64943). The sufficient time for performance of a full exemption is categorically excluded statement of considerations (SOC) and adequate safety and environmental from further analysis under 10 CFR discussed the basis for establishing the review, and completion of the hearing 51.22(c)(25)(vi)(G). latest date for filing license renewal process. Meeting this schedule is based Under 10 CFR 51.22(c)(25), the applications and the timely renewal on a complete and sufficient application granting of an exemption from the doctrine (56 FR 64962). The SOC stated being submitted and on the review requirements of any regulation of that: being completed in accordance with the chapter 10 is a categorical exclusion Because the review of a renewal NRC’s established license renewal provided that (i) there is no significant application will involve a review of many review schedule. hazards consideration; (ii) there is no complex technical issues, the NRC estimates Based on the above, the NRC finds significant change in the types or that the technical review would take that the special circumstance of 10 CFR significant increase in the amounts of approximately 2 years. Any necessary 50.12(a)(2)(ii) is present in the particular any effluents that may be released hearing could likely add an additional year circumstances of PNPP. offsite; (iii) there is no significant or more. Therefore, in the proposed rule, the It should be noted among the key increase in individual or cumulative Commission modified § 2.109 to require that matters central to resolution of issues public or occupational radiation nuclear power plant operating license associated with renewal of the operating exposure; (iv) there is no significant renewal applications be submitted at least 3 years prior to their expiration in order to take license and also to the application of the construction impact; (v) there is no advantage of the timely renewal doctrine. ‘‘timely renewal’’ doctrine is the significant increase in the potential for No specific comment was received submission of a sufficient application. or consequences from radiological concerning the proposal to add a 3-year Completing the license renewal review accidents; and (vi) the requirements provision for the timely renewal provision process on schedule is, of course, from which an exemption is sought for license renewal. The current regulations dependent on licensee cooperation in involve certain categories of require licensees to submit decommissioning meeting established schedules for requirements, including scheduling plans and related financial assurance submittal of any additional information requirements. information on or about 5 years prior to the required by the NRC, and the resolution The NRC has determined that the expiration of their operating licenses. The Commission has concluded that, for of all issues demonstrating that issuance granting of the exemption request consistency, the deadline for submittal of a of a renewed license is warranted. involves no significant hazards license renewal application should be 5 years In addition, the NRC finds that the consideration because allowing the prior to the expiration of the current special circumstance of 10 CFR submittal of the LRA at least 3 years operating license. The timely renewal 50.12(a)(2)(iii) also is present in the before the expiration of the existing

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43612 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

license while maintaining the protection OFFICE OF PERSONNEL additional service on an attached of the timely renewal provision in 10 MANAGEMENT document.’’ In response, we are in CFR 2.109(b) does not (1) involve a agreement with the commenter’s significant increase in the probability or Submission for Review: Application for recommendations and corrected the consequences of an accident previously Deferred or Postponed Retirement: hyperlink to godirect.gov from evaluated; or (2) create the possibility of FERS, RI 92–19 godirect.org as well as made changes to the form in the event an applicant has a new or different kind of accident from AGENCY: Office of Personnel additional federal service. The purpose any accident previously evaluated; or Management. (3) involve a significant reduction in a of this notice is to allow an additional ACTION: 30-Day notice and request for margin of safety. The exemption 30 days for public comments. The Office comments. constitutes a change to the schedule by of Management and Budget is particularly interested in comments which EHNC must submit its LRA and SUMMARY: The Retirement Services, still receive timely renewal protection that: Office of Personnel Management (OPM) 1. Evaluate whether the proposed and, therefore, is unrelated to any offers the general public and other collection of information is necessary operational restriction. Accordingly, Federal agencies the opportunity to for the proper performance of functions there is no significant change in the comment on a revised information of OPM, including whether the types or significant increase in the collection request (ICR), Application for information will have practical utility; amounts of any effluents that may be Deferred or Postponed Retirement: 2. Evaluate the accuracy of OPM’s released offsite, and no significant FERS, RI 92–19. estimate of the burden of the proposed increase in individual or cumulative DATES: Comments are encouraged and collection of information, including the public or occupational radiation will be accepted until August 17, 2020. validity of the methodology and exposure. The exempted regulation is ADDRESSES: Interested persons are assumptions used; not associated with construction, so invited to submit written comments on 3. Enhance the quality, utility, and there is no significant construction the proposed information collection to clarity of the information to be impact. The exempted regulation does Office of Information and Regulatory collected; and not concern the source term (i.e., Affairs, Office of Management and 4. Minimize the burden of the potential amount of radiation in an Budget, 725 17th Street NW, collection of information on those who accident) nor mitigation. Thus, there is Washington, DC 20503, Attention: Desk are to respond, including through the no significant increase in the potential Officer for the Office of Personnel use of appropriate automated, for, or consequences of, a radiological Management or sent by email to oira_ electronic, mechanical, or other accident. [email protected] or faxed to technological collection techniques or other forms of information technology, Therefore, pursuant to 10 CFR (202) 395–6974. e.g., permitting electronic submissions 51.22(b) and (c)(25), no environmental FOR FURTHER INFORMATION CONTACT: A of responses. impact statement or environmental copy of this information collection, with RI 92–19 is used by separated assessment need be prepared in applicable supporting documentation, employees to apply for either a deferred connection with the approval of this may be obtained by contacting the or a postponed FERS annuity benefit. exemption request. Retirement Services Publications Team, Office of Personnel Management, 1900 E Analysis IV. Conclusions Street NW, Room 3316–L, Washington, Agency: Retirement Operations, Accordingly, the NRC has determined DC 20415, Attention: Cyrus S. Benson, Retirement Services, Office of Personnel that, pursuant to 10 CFR 54.15 and 10 or sent via electronic mail to Management. CFR 50.12, the exemption is authorized [email protected] or faxed to Title: Application for Deferred or by law, will not present an undue risk (202) 606–0910 or via telephone at (202) Postponed Retirement: FERS. OMB: 3206–0190. to the public health and safety, and is 606–4808. SUPPLEMENTARY INFORMATION: As Frequency: On occasion. consistent with the common defense Affected Public: Individuals or required by the Paperwork Reduction and security. Also, special Households. circumstances are present. Therefore, Act of 1995 OPM is soliciting comments Number of Respondents: 1,964. the NRC hereby grants the licensee a for this collection. The information Estimated Time per Respondent: 60 one-time exemption for PNPP, from 10 collection (OMB No. 3206–0190) was minutes. CFR 54.17(a) to allow the submittal of previously published in the Federal Total Burden Hours: 1,964 hours. Register on March 23, 2020 at 85 FR the PNPP LRA at least 3 years remaining Office of Personnel Management. prior to expiration of the operating 16390, allowing for a 60-day public comment period. The following Alexys Stanley, license while maintaining the protection Regulatory Affairs Analyst. of the timely renewal provision in 10 comment was received: ‘‘a. Recommend [FR Doc. 2020–15456 Filed 7–16–20; 8:45 am] CFR 2.109(b). that Section H (page 3) be updated for the Direct Debit program. (The provided BILLING CODE 6325–38–P This exemption is effective upon hyperlink for Direct Express cards— issuance. www.godirect.org—is not a valid URL. OFFICE OF PERSONNEL Dated July 13, 2020. The correct URL is www.godirect.gov.) b. MANAGEMENT For the Nuclear Regulatory Commission. Recommend that Section B(3) on p. 6 be expanded to have more than five entries Craig G. Erlanger, Submission for Review: 3206–NEW, for agencies, as most contemporary Application for Court-Ordered Benefits Director, Division of Operating Reactor retirees work for multiple agencies Licensing, Office of Nuclear Reactor for Former Spouses, Standard Form throughout their federal tenure. If 3119 Regulation. additional boxes cannot be provided, [FR Doc. 2020–15482 Filed 7–16–20; 8:45 am] recommend adding a note stating that AGENCY: Office of Personnel BILLING CODE 7590–01–P deferred retiree applicants can include Management.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43613

ACTION: 30-Day notice and request for use of appropriate automated, the Office of Information and Regulatory comments. electronic, mechanical, or other Affairs, Office of Management and technological collection techniques or Budget, 725 17th Street NW, SUMMARY: The Retirement Services, other forms of information technology, Washington, DC 20503, Attention: Desk Office of Personnel Management (OPM) e.g., permitting electronic submissions Officer for the Office of Personnel offers the general public and other of responses. Management or sent via electronic mail Federal agencies the opportunity to Standard Form 3119 will be used to to [email protected] or comment on a new information collect the necessary information on the faxed to (202) 395–6974. collection request Standard Form 3119, inaugural attempt, which eliminates the FOR FURTHER INFORMATION CONTACT: A Application for Court-Ordered Benefits need to re-contact the customer to copy of this information collection, with for Former Spouses. gather additional information, ensure applicable supporting documentation, DATES: Comments are encouraged and that OPM can process the may be obtained by contacting the will be accepted until August 17, 2020. apportionment correctly, and eliminate Retirement Services Publications Team, ADDRESSES: any delay in payment to the customers. Interested persons are Office of Personnel Management, 1900 E invited to submit written comments on Analysis Street NW, Room 3316–L, Washington, the proposed information collection to DC 20415, Attention: Cyrus S. Benson, the Office of Information and Regulatory Agency: Retirement Operations, Retirement Services, Office of Personnel or sent via electronic mail to Affairs, Office of Management and [email protected] or faxed to Budget, 725 17th Street NW, Management. Title: We Need the Social Security (202) 606–0910 or via telephone at (202) Washington, DC 20503, Attention: Desk 606–4808. Officer for the Office of Personnel Number of the Person Named Below. Management or sent via electronic mail OMB Number: 3206–NEW. SUPPLEMENTARY INFORMATION: As Frequency: On occasion. to: [email protected] or required by the Paperwork Reduction Affected Public: Individual or faxed to (202) 395–6974. Act of 1995 OPM is soliciting comments Households. for this collection. The information FOR FURTHER INFORMATION CONTACT: A Number of Respondents: 19,000. copy of this information collection, with Estimated Time per Respondent: 30 collection (OMB No. 3206–0032) was applicable supporting documentation, minutes. previously published in the Federal may be obtained by contacting the Total Burden Hours: 9,500 hours. Register on March 23, 2020 at 85 FR 16394, allowing for a 60-day public Retirement Services Publications Team, Office of Personnel Management Office of Personnel Management, 1900 E comment period. No comments were Alexys Stanley, Street NW, Room 3316–L, Washington, received. The purpose of this notice is DC 20415, Attention: Cyrus S. Benson, Regulatory Affairs Analyst. to allow an additional 30 days for public or sent via electronic mail to [FR Doc. 2020–15455 Filed 7–16–20; 8:45 am] comments. The Office of Management [email protected] or faxed to BILLING CODE 6325–38–P and Budget is particularly interested in (202) 606–0910 or via telephone at (202) comments that: 606–4808. 1. Evaluate whether the proposed OFFICE OF PERSONNEL SUPPLEMENTARY INFORMATION: collection of information is necessary As MANAGEMENT required by the Paperwork Reduction for the proper performance of functions Act of 1995, OPM is soliciting Submission for Review: 3206–0032, of OPM, including whether the comments for this collection. The Self-Certification of Full-Time School information will have practical utility; information collection (OMB No. 3206– Attendance for the School Year, RI 25– 2. Evaluate the accuracy of OPM’s NEW) was previously published in the 14 and Information and Instructions for estimate of the burden of the proposed Federal Register on March 23, 2020 at Completing the Self-Certification of collection of information, including the 85 FR 16395, allowing for a 60-day Full-Time School Attendance for the validity of the methodology and public comment period. No comments School Year, RI 25–14A assumptions used; were received for this collection. The 3. Enhance the quality, utility, and purpose of this notice is to allow an AGENCY: Office of Personnel Management. clarity of the information to be additional 30 days for public comments. collected; and The Office of Management and Budget ACTION: 30-Day notice and request for is particularly interested in comments comments. 4. Minimize the burden of the that: collection of information on those who 1. Evaluate whether the proposed SUMMARY: The Retirement Services, are to respond, including through the collection of information is necessary Office of Personnel Management (OPM) use of appropriate automated, for the proper performance of the offers the general public and other electronic, mechanical, or other functions of the agency, including Federal agencies the opportunity to technological collection techniques or whether the information will have comment on revised information other forms of information technology, practical utility; collection request (ICR) 3206–0032, e.g., permitting electronic submissions 2. Evaluate the accuracy of the Self-Certification of Full-Time School of responses. agency’s estimate of the burden of the Attendance For The School Year, RI 25– RI 25–14 is used to survey survivor proposed collection of information, 14 and Information and Instructions for annuitants who are between the ages of including the validity of the Completing the Self-Certification of 18 and 22 to determine if they meet the methodology and assumptions used; Full-Time School Attendance For The requirements of Section 8341(a)(4)(C), 3. Enhance the quality, utility, and School Year, RI 25–14A. and Section 8441, title 5, U.S. Code, to clarity of the information to be DATES: Comments are encouraged and receive benefits as a student. RI 25–14A collected; and will be accepted until August 17, 2020. provides instructions for completing the 4. Minimize the burden of the ADDRESSES: Interested persons are Self-Certification of Full-Time School collection of information on those who invited to submit written comments on Attendance For The School Year survey are to respond, including through the the proposed information collection to form.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43614 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

Analysis request(s) may propose the addition or Filing Materials Under Seal; Filing Agency: Retirement Operations, removal of a negotiated service Acceptance Date: July 13, 2020; Filing Retirement Services, Office of Personnel agreement from the market dominant or Authority: 39 U.S.C. 3642, 39 CFR Management. the competitive product list, or the 3040.130 through 3040.135, and 39 CFR Title: Self-Certification of Full-Time modification of an existing product 3035.105; Public Representative: School Attendance For The School Year currently appearing on the market Kenneth R. Moeller; Comments Due: and Information and Instructions for dominant or the competitive product July 21, 2020. Completing the Self-Certification of list. 3. Docket No(s).: MC2020–201 and Full-Time School Attendance For The Section II identifies the docket CP2020–226; Filing Title: USPS Request School Year. number(s) associated with each Postal to Add Priority Mail Contract 641 to OMB Number: 3206–0032. Service request, the title of each Postal Competitive Product List and Notice of Frequency: On occasion. Service request, the request’s acceptance Filing Materials Under Seal; Filing Affected Public: Individuals or date, and the authority cited by the Acceptance Date: July 13, 2020; Filing Households. Postal Service for each request. For each Authority: 39 U.S.C. 3642, 39 CFR Number of Respondents: 14,000. request, the Commission appoints an 3040.130 through 3040.135, and 39 CFR Estimated Time per Respondent: 12 officer of the Commission to represent 3035.105; Public Representative: minutes. the interests of the general public in the Kenneth R. Moeller; Comments Due: Total Burden Hours: 2,800. proceeding, pursuant to 39 U.S.C. 505 July 21, 2020. (Public Representative). Section II also Office of Personnel Management. This Notice will be published in the establishes comment deadline(s) Federal Register. Alexys Stanley, pertaining to each request. Erica A. Barker, Regulatory Affairs Analyst. The public portions of the Postal Secretary. [FR Doc. 2020–15454 Filed 7–16–20; 8:45 am] Service’s request(s) can be accessed via [FR Doc. 2020–15486 Filed 7–16–20; 8:45 am] BILLING CODE 6325–38–P the Commission’s website (http:// www.prc.gov). Non-public portions of BILLING CODE 7710–FW–P the Postal Service’s request(s), if any, POSTAL REGULATORY COMMISSION can be accessed through compliance with the requirements of 39 CFR SECURITIES AND EXCHANGE [Docket Nos. MC2020–199 and CP2020–224; 1 COMMISSION MC2020–200 and CP2020–225; MC2020–201 3011.301. and CP2020–226] The Commission invites comments on [Investment Company Act Release No. whether the Postal Service’s request(s) 33925; File No. 812–15105] New Postal Products in the captioned docket(s) are consistent with the policies of title 39. For Runway Growth Credit Fund, Inc., et al. AGENCY: Postal Regulatory Commission. request(s) that the Postal Service states July 13, 2020. ACTION: Notice. concern market dominant product(s), applicable statutory and regulatory AGENCY: Securities and Exchange SUMMARY: The Commission is noticing a requirements include 39 U.S.C. 3622, 39 Commission (‘‘Commission’’). recent Postal Service filing for the U.S.C. 3642, 39 CFR part 3030, and 39 ACTION: Notice. Commission’s consideration concerning CFR part 3040, subpart B. For request(s) negotiated service agreements. This that the Postal Service states concern Notice of application for an order notice informs the public of the filing, competitive product(s), applicable under sections 17(d) and 57(i) of the invites public comment, and takes other statutory and regulatory requirements Investment Company Act of 1940 (the administrative steps. include 39 U.S.C. 3632, 39 U.S.C. 3633, ‘‘Act’’) and rule 17d–1 under the Act to DATES: Comments are due: July 21, 39 U.S.C. 3642, 39 CFR part 3035, and permit certain joint transactions 2020. 39 CFR part 3040, subpart B. Comment otherwise prohibited by sections 17(d) deadline(s) for each request appear in and 57(a)(4) of the Act and rule 17d–1 ADDRESSES: Submit comments under the Act. electronically via the Commission’s section II. SUMMARY OF APPLICATION: Applicants Filing Online system at http:// II. Docketed Proceeding(s) request an order to permit certain www.prc.gov. Those who cannot submit business development companies comments electronically should contact 1. Docket No(s).: MC2020–199 and (‘‘BDCs’’) and closed-end management the person identified in the FOR FURTHER CP2020–224; Filing Title: USPS Request investment companies to co-invest in INFORMATION CONTACT section by to Add Priority Mail Contract 639 to portfolio companies with each other and telephone for advice on filing Competitive Product List and Notice of with certain affiliated investment funds alternatives. Filing Materials Under Seal; Filing Acceptance Date: July 13, 2020; Filing and accounts. FOR FURTHER INFORMATION CONTACT: Authority: 39 U.S.C. 3642, 39 CFR APPLICANTS: Runway Growth Credit David A. Trissell, General Counsel, at 3040.130 through 3040.135, and 39 CFR Fund Inc. (the ‘‘Existing Regulated 202–789–6820. 3035.105; Public Representative: Fund’’), Runway Growth Finance L.P., SUPPLEMENTARY INFORMATION: Kenneth R. Moeller; Comments Due: (‘‘RGF’’), and Runway Growth Capital Table of Contents July 21, 2020. LLC (‘‘RGC’’). 2. Docket No(s).: MC2020–200 and I. Introduction FILING DATES: The application was filed II. Docketed Proceeding(s) CP2020–225; Filing Title: USPS Request on March 6, 2020, and amended on May to Add Priority Mail Contract 640 to 15, 2020, and June 24, 2020. I. Introduction Competitive Product List and Notice of HEARING OR NOTIFICATION OF HEARING: The Commission gives notice that the An order granting the requested relief 1 See Docket No. RM2018–3, Order Adopting Postal Service filed request(s) for the Final Rules Relating to Non-Public Information, will be issued unless the Commission Commission to consider matters related June 27, 2018, Attachment A at 19–22 (Order No. orders a hearing. Interested persons may to negotiated service agreement(s). The 4679). request a hearing by emailing the

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43615

Commission’s Secretary at Secretarys- Regulated Funds and/or one or more 3. RGF, a Delaware limited [email protected] and serving applicants Affiliated Funds 2 to enter into Co- partnership, would be an investment with a copy of the request by email. Investment Transactions with each company but for section 3(c)(1) of the Hearing requests should be received by other. ‘‘Co-Investment Transaction’’ Act. the Commission by 5:30 p.m. on August means any transaction in which a 4. RGC, a limited partnership under 7, 2020, and should be accompanied by Regulated Fund (or its Wholly-Owned the laws of the state of Delaware, is proof of service on the applicants, in the Investment Sub (as defined below)) registered with the Commission as an form of an affidavit, or, for lawyers, a participated together with one or more investment adviser under the Advisers certificate of service. Pursuant to rule 0– Affiliated Funds and/or one or more Act. 5 under the Act, hearing requests should other Regulated Funds in reliance on 5. The Adviser, and any direct or state the nature of the writer’s interest, the Order. ‘‘Potential Co-Investment indirect, wholly- or majority-owned any facts bearing upon the desirability Transaction’’ means any investment subsidiary of an Adviser, may hold of a hearing on the matter, the reason for opportunity in which a Regulated Fund various financial assets in a principal the request, and the issues contested. (or its Wholly-Owned Investment Sub) capacity (the ‘‘Runway Proprietary Persons who wish to be notified of a could not participate together with one Accounts’’). hearing may request notification by or more Affiliated Funds and/or one or 6. Applicants state that a Regulated emailing the Commission’s Secretary at more other Regulated Funds without Fund may, from time to time, form one [email protected]. obtaining and relying on the Order.3 or more Wholly-Owned Investment Subs.7 Such a subsidiary may be ADDRESSES: The Commission: Applicants [email protected]. Applicants: prohibited from investing in a Co- [email protected]; tr@ 2. The Existing Regulated Fund is an Investment Transaction with a runwaygrowth.com; externally-managed, non-diversified, Regulated Fund (other than its parent) stephanihildebrandt@eversheds- closed-end management investment or any Affiliated Fund because it would sutherland.us; anneoberndorf@ company incorporated in Maryland that be a company controlled by its parent eversheds-sutherland.us; and has elected to be regulated as a BDC Regulated Fund for purposes of section 4 5 jenniferhoward@eversheds- under the Act. The Board of the 57(a)(4) and rule 17d–1. Applicants sutherland.us. Existing Regulated Fund currently request that each Wholly-Owned consist of five directors, three of whom Investment Sub be permitted to FOR FURTHER INFORMATION CONTACT: are Independent Directors.6 Laura L. Solomon, Senior Counsel, at participate in Co-Investment (202) 551–6915 or Kaitlin C. Bottock, Transactions in lieu of the Regulated 2 ‘‘Affiliated Fund’’ means RGF, any Runway Fund that owns it and that the Wholly- Branch Chief, at (202) 551–6825 Proprietary Account (as defined below) and any (Division of Investment Management, entity (a) whose investment adviser (and sub- Owned Investment Sub’s participation Chief Counsel’s Office). adviser(s), if any) are Advisers, (b) that either (i) in any such transaction be treated, for would be an investment company but for section purposes of the Order, as though the SUPPLEMENTARY INFORMATION: The 3(c)(1), 3(c)(5)(C) or 3(c)(7) of the Act or (ii) relies parent Regulated Fund were following is a summary of the on rule 3a–7 under the Act, (c) that is not a BDC application. The complete application Downstream Fund, and (d) that intends to participating directly. may be obtained via the Commission’s participate in the Co-Investment Program. ‘‘BDC Downstream Fund’’ means, with respect to Applicants’ Representations website by searching for the file any Regulated Fund that is a business development A. Allocation Process number, or for an applicant using the company (‘‘BDC’’), an entity (i) that the BDC Company name box, at http:// directly or indirectly controls, (ii) that is not 7. Applicants represent that RGC has www.sec.gov/search/search.htm or by controlled by any person other than the BDC established processes for allocating (except a person that indirectly controls the entity calling (202) 551–8090. solely because it controls the BDC), (iii) that would initial investment opportunities, Introduction be an investment company but for section 3(c)(1) or 3(c)(7) of the Act, (iv) whose investment adviser ‘‘interested person’’ as defined in section 2(a)(19) of 1. The applicants request an order of (and sub-adviser(s), if any) are an Adviser, (v) that the Act. No Independent Director of a Regulated the Commission under sections 17(d) is not a Wholly-Owned Investment Sub and (vi) that Fund (including any non-interested member of an intends to participate in the Co-Investment Program Independent Party) will have a financial interest in and 57(i) and rule 17d–1 thereunder (defined below). any Co-Investment Transaction, other than (the ‘‘Order’’) to permit, subject to the 3 All existing entities that currently intend to rely indirectly through share ownership in one of the terms and conditions set forth in the on the Order have been named as applicants and Regulated Funds. application (the ‘‘Conditions’’), a any existing or future entities that may rely on the 7 ‘‘Wholly-Owned Investment Sub’’ means an Order in the future will comply with its terms and Regulated Fund 1 and one or more other entity (i) that is wholly-owned by a Regulated Fund Conditions set forth in the application. (with such Regulated Fund at all times holding, 4 Section 2(a)(48) defines a BDC to be any closed- beneficially and of record, 95% or more of the 1 ‘‘Regulated Funds’’ means the Existing end investment company that operates for the voting and economic interests); (ii) whose sole Regulated Fund, the Future Regulated Funds and purpose of making investments in securities business purpose is to hold one or more the BDC Downstream Funds (defined below). described in section 55(a)(1) through 55(a)(3) and investments on behalf of such Regulated Fund (and ‘‘Future Regulated Fund’’ means a closed-end makes available significant managerial assistance in the case of an SBIC Subsidiary, maintain a management investment company (a) that is with respect to the issuers of such securities. license under the Small Business Investment Act of registered under the Act or has elected to be 5 ‘‘Board’’ means (i) with respect to a Regulated 1958 (‘‘SBA Act’’) and issue debentures guaranteed regulated as a BDC, (b) whose investment adviser Fund other than a BDC Downstream Fund, the by the Small Business Administration (‘‘SBA’’)); (and sub-adviser(s), if any) are an Adviser, and (c) board of directors (or the equivalent) of the (iii) with respect to which such Regulated Fund’s that intends to participate in the Co-investment Regulated Fund and (ii) with respect to a BDC Board has the sole authority to make all Program. Downstream Fund, the Independent Party of the determinations with respect to the entity’s ‘‘Adviser’’ means RGC and any future investment BDC Downstream Fund. participation under the Conditions; and (iv) that (A) adviser that (i) controls, is controlled by, or is under ‘‘Independent Party’’ means, with respect to a would be an investment company but for section common control with RGC, (ii) (a) is registered as BDC Downstream Fund, (i) if the BDC Downstream 3(c)(1), 3(c)(5)(C), or 3(c)(7) of the Act, or (B) that an investment adviser under the Investment Fund has a board of directors (or the equivalent), qualifies as a real estate investment trust within the Advisers Act of 1940 (‘‘Advisers Act’’) or (b) is a the board or (ii) if the BDC Downstream Fund does meaning of section 856 of the Internal Revenue relying adviser of an investment adviser that is not have a board of directors (or the equivalent), a Code because substantially all of its assets would registered under the Advisers Act, and that transaction committee or advisory committee of the consist of real properties. ‘‘SBIC Subsidiary’’ means controls, is controlled by, or is under common BDC Downstream Fund. a Wholly-Owned Investment Sub that is licensed by control with, RGC, and (iii) is not a Regulated Fund 6 ‘‘Independent Director’’ means a member of the the SBA to operate under the SBA Act as a small or a subsidiary of a Regulated Fund. Board of any relevant entity who is not an business investment company.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43616 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

opportunities for subsequent Fund, the policies and procedures will underwriter, broker, dealer or issuer, as investments in an issuer and require that the Adviser to such applicable (the ‘‘External Submission’’), dispositions of securities holdings Regulated Fund receive sufficient then each Internal Order will be reasonably designed to treat all clients information to allow such Adviser’s fulfilled as placed. If, on the other hand, fairly and equitably. Further, applicants investment committee to make its the aggregate Internal Orders for a represent that these processes will be independent determination and Potential Co-Investment Transaction extended and modified in a manner recommendations under the Conditions. exceed the size of the investment reasonably designed to ensure that the The Adviser to each applicable opportunity immediately prior to the additional transactions permitted under Regulated Fund will then make an External Submission, then the allocation the Order will both (i) be fair and independent determination of the of the opportunity will be made pro rata equitable to the Regulated Funds and appropriateness of the investment for on the basis of the size of the Internal the Affiliated Funds and (ii) comply the Regulated Fund in light of the Orders.12 If, subsequent to such External with the Conditions. Regulated Fund’s then-current Submission, the size of the opportunity 8. Opportunities for Potential Co- circumstances. If the Adviser to a is increased or decreased, or if the terms Investment Transactions may arise Regulated Fund deems the Regulated of such opportunity, or the facts and when investment advisory personnel of Fund’s participation in such Potential circumstances applicable to the an Adviser becomes aware of Co-Investment Transaction to be Regulated Funds’ or the Affiliated investment opportunities that may be appropriate, then it will formulate a Funds’ consideration of the opportunity, appropriate for a Regulated Fund and recommendation regarding the proposed change, the participants will be one or more other Regulated Funds and/ order amount for the Regulated Fund. permitted to submit revised Internal or one or more Affiliated Funds. If the 9. Applicants state that, for each Orders in accordance with written requested Order is granted, the Advisers Regulated Fund and Affiliated Fund allocation policies and procedures that will establish, maintain and implement whose Adviser recommends the Advisers will establish, implement policies and procedures reasonably participating in a Potential Co- and maintain.13 designed to ensure that, when such Investment Transaction, the Adviser’s B. Follow-On Investments opportunities arise, the Advisers to the investment committee will approve an relevant Regulated Funds are promptly investment amount. Prior to the 11. Applicants state that from time to notified and receive the same External Submission (as defined below), time the Regulated Funds and Affiliated information about the opportunity as each proposed order amount may be Funds may have opportunities to make any other Advisers considering the reviewed and adjusted, in accordance Follow-On Investments 14 in an issuer in opportunity for their clients. In with the applicable Advisers’ written which a Regulated Fund and one or particular, consistent with Condition 1, allocation policies and procedures, by more other Regulated Funds and/or if a Potential Co-Investment Transaction the applicable Adviser’s investment Affiliated Funds previously have falls within the then-current Objectives committee.10 The order of a Regulated invested. and Strategies 8 and any Board- Fund or Affiliated Fund resulting from 12. Applicants propose that Follow- Established Criteria 9 of a Regulated this process is referred to as its ‘‘Internal On Investments would be divided into Order.’’ The Internal Order will be two categories depending on whether 8 ‘‘Objectives and Strategies’’ means (i) with submitted for approval by the Required the prior investment was a Co- respect to any Regulated Fund other than a BDC Majority of any participating Regulated Investment Transaction or a Pre- Downstream Fund, its investment objectives and Funds in accordance with the Boarding Investment.15 If the Regulated strategies, as described in its most current 11 registration statement on Form N–2, other current Conditions. 12 filings with the Commission under the Securities 10. If the aggregate Internal Orders for The Advisers will maintain records of all Act of 1933 (‘‘Securities Act’’) or under the a Potential Co-Investment Transaction proposed order amounts, Internal Orders and Securities Exchange Act of 1934, as amended, and External Submissions in conjunction with Potential do not exceed the size of the investment Co-Investment Transactions. Each applicable its most current report to stockholders, and (ii) with opportunity immediately prior to the respect to any BDC Downstream Fund, those Adviser will provide the Eligible Directors with investment objectives and strategies described in its submission of the orders to the information concerning the Affiliated Funds’ and disclosure documents (including private placement Regulated Funds’ order sizes to assist the Eligible Directors with their review of the applicable memoranda and reports to equity holders) and Independent Directors of a Regulated Fund may at organizational documents (including operating any time rescind, suspend or qualify their approval Regulated Fund’s investments for compliance with agreements). of any Board-Established Criteria, though applicants the Conditions. 9 ‘‘Board-Established Criteria’’ means criteria that anticipate that, under normal circumstances, the ‘‘Eligible Directors’’ means, with respect to a the Board of a Regulated Fund may establish from Board would not modify these criteria more often Regulated Fund and a Potential Co-Investment time to time to describe the characteristics of than quarterly. Transaction, the members of the Regulated Fund’s Potential Co-Investment Transactions regarding 10 The reason for any such adjustment to a Board eligible to vote on that Potential Co- which the Adviser to the Regulated Fund should be proposed order amount will be documented in Investment Transaction under section 57(o) of the notified under Condition 1. The Board-Established writing and preserved in the records of each Act (treating any registered investment company or Criteria will be consistent with the Regulated Adviser. series thereof as a BDC for this purpose). 13 Fund’s Objectives and Strategies. If no Board- 11 ‘‘Required Majority’’ means a required The Board of the Regulated Fund will then Established Criteria are in effect, then the Regulated majority, as defined in section 57(o) of the Act. In either approve or disapprove of the investment Fund’s Adviser will be notified of all Potential Co- the case of a Regulated Fund that is a registered opportunity in accordance with Condition 2, 6, 7, Investment Transactions that fall within the closed-end fund, the Board members that make up 8 or 9, as applicable. Regulated Fund’s then-current Objectives and the Required Majority will be determined as if the 14 ‘‘Follow-On Investment’’ means an additional Strategies. Board-Established Criteria will be Regulated Fund were a BDC subject to section 57(o). investment in the same issuer, including, but not objective and testable, meaning that they will be In the case of a BDC Downstream Fund with a board limited to, through the exercise of warrants, based on observable information, such as industry/ of directors (or the equivalent), the members that conversion privileges or other rights to purchase sector of the issuer, minimum EBITDA of the issuer, make up the Required Majority will be determined securities of the issuer. asset class of the investment opportunity or as if the BDC Downstream Fund were a BDC subject 15 ‘‘Pre-Boarding Investments’’ are investments in required commitment size, and not on to section 57(o). In the case of a BDC Downstream an issuer held by a Regulated Fund as well as one characteristics that involve a discretionary Fund with a transaction committee or advisory or more Affiliated Funds and/or one or more other assessment. The Adviser to the Regulated Fund may committee, the committee members that make up Regulated Funds that were acquired prior to from time to time recommend criteria for the the Required Majority will be determined as if the participating in any Co-Investment Transaction: (i) Board’s consideration, but Board-Established BDC Downstream Fund were a BDC subject to In transactions in which the only term negotiated Criteria will only become effective if approved by section 57(o) and as if the committee members were by or on behalf of such funds was price in reliance a majority of the Independent Directors. The directors of the fund. on one of the JT No-Action Letters (defined below);

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43617

Funds and Affiliated Funds had Pro Rata Follow-On Investments and securities are Tradable Securities 21 and previously participated in a Co- Non-Negotiated Follow-On Investments the Disposition meets the other Investment Transaction with respect to remain subject to the Board’s periodic requirements of Condition 6(c)(ii). Pro the issuer, then the terms and approval review in accordance with Condition Rata Dispositions and Dispositions of a of the Follow-On Investment would be 10. Tradable Security remain subject to the subject to the Standard Review Follow- Board’s periodic review in accordance Ons described in Condition 8. If the C. Dispositions with Condition 10. Regulated Funds and Affiliated Funds 14. Applicants propose that D. Delayed Settlement have not previously participated in a Dispositions 18 would be divided into 16. Applicants represent that under Co-Investment Transaction with respect two categories. If the Regulated Funds to the issuer but hold a Pre-Boarding the terms and Conditions of the and Affiliated Funds holding Investment, then the terms and approval application, all Regulated Funds and investments in the issuer had previously of the Follow-On Investment would be Affiliated Funds participating in a Co- participated in a Co-Investment subject to the Enhanced-Review Follow- Investment Transaction will invest at Transaction with respect to the issuer, Ons described in Condition 9. All the same time, for the same price and Enhanced Review Follow-Ons require then the terms and approval of the with the same terms, conditions, class, the approval of the Required Majority. Disposition would be subject to the registration rights and any other rights, For a given issuer, the participating Standard Review Dispositions described so that none of them receives terms Regulated Funds and Affiliated Funds in Condition 6. If the Regulated Funds more favorable than any other. would need to comply with the and Affiliated Funds have not However, the settlement date for an requirements of Enhanced-Review previously participated in a Co- Affiliated Fund in a Co-Investment Follow-Ons only for the first Co- Investment Transaction with respect to Transaction may occur up to ten Investment Transaction. Subsequent Co- the issuer but hold a Pre-Boarding business days after the settlement date Investment Transactions with respect to Investment, then the terms and approval for the Regulated Fund, and vice versa. the issuer would be governed by the of the Disposition would be subject to Nevertheless, in all cases, (i) the date on requirements of Standard Review the Enhanced Review Dispositions which the commitment of the Affiliated Follow-Ons. described in Condition 7. Subsequent Funds and Regulated Funds is made 13. A Regulated Fund would be Dispositions with respect to the same will be the same even where the permitted to invest in Standard Review issuer would be governed by Condition settlement date is not and (ii) the Follow-Ons either with the approval of 6 under the Standard Review earliest settlement date and the latest the Required Majority under Condition Dispositions.19 settlement date of any Affiliated Fund 8(c) or without Board approval under 15. A Regulated Fund may participate or Regulated Fund participating in the Condition 8(b) if it is (i) a Pro Rata in a Standard Review Disposition either transaction will occur within ten 16 Follow-On Investment or (ii) a Non- with the approval of the Required business days of each other. Negotiated Follow-On Investment.17 Majority under Condition 6(d) or E. Holders Applicants believe that these Pro Rata without Board approval under and Non-Negotiated Follow-On Condition 6(c) if (i) the Disposition is a 17. Under Condition 15, if an Adviser, Investments do not present a significant Pro Rata Disposition 20 or (ii) the its principals, or any person controlling, opportunity for overreaching on the part controlled by, or under common control of any Adviser and thus do not warrant 18 ‘‘Disposition’’ means the sale, exchange or with the Adviser or its principals, and the time or the attention of the Board. other disposition of an interest in a security of an the Affiliated Funds (collectively, the issuer. ‘‘Holders’’) own in the aggregate more or (ii) in transactions occurring at least 90 days 19 However, with respect to an issuer, if a than 25 percent of the outstanding apart and without coordination between the Regulated Fund’s first Co-Investment Transaction is voting shares of a Regulated Fund (the Regulated Fund and any Affiliated Fund or other an Enhanced Review Disposition, and the Regulated Regulated Fund. Fund does not dispose of its entire position in the ‘‘Shares’’), then the Holders will vote 16 A ‘‘Pro Rata Follow-On Investment’’ is a Enhanced Review Disposition, then before such such Shares as directed by an Follow-On Investment (i) in which the participation Regulated Fund may complete its first Standard independent third party when voting on of each Affiliated Fund and each Regulated Fund Review Follow-On in such issuer, the Eligible matters specified in the Condition. is proportionate to its outstanding investments in Directors must review the proposed Follow-On the issuer or security, as appropriate, immediately Investment not only on a stand-alone basis but also Applicants believe that this Condition preceding the Follow-On Investment, and (ii) in the in relation to the total economic exposure in such will ensure that the Independent case of a Regulated Fund, a majority of the Board issuer (i.e., in combination with the portion of the Directors will act independently in has approved the Regulated Fund’s participation in Pre-Boarding Investment not disposed of in the evaluating Co-Investment Transactions, the pro rata Follow-On Investments as being in the Enhanced Review Disposition), and the other terms best interests of the Regulated Fund. The Regulated of the investments. This additional review would be because the ability of the Adviser or its Fund’s Board may refuse to approve, or at any time required because such findings would not have rescind, suspend or qualify, its approval of Pro Rata been required in connection with the prior 21 ‘‘Tradable Security’’ means a security that Follow-On Investments, in which case all Enhanced Review Disposition, but they would have meets the following criteria at the time of subsequent Follow-On Investments will be been required had the first Co-Investment Disposition: (i) It trades on a national securities submitted to the Regulated Fund’s Eligible Directors Transaction been an Enhanced Review Follow-On. exchange or designated offshore securities market in accordance with Condition 8(c). 20 A ‘‘Pro Rata Disposition’’ is a Disposition (i) in as defined in rule 902(b) under the Securities Act; 17 A ‘‘Non-Negotiated Follow-On Investment’’ is a which the participation of each Affiliated Fund and (ii) it is not subject to restrictive agreements with Follow-On Investment in which a Regulated Fund each Regulated Fund is proportionate to its the issuer or other security holders; and (iii) it participates together with one or more Affiliated outstanding investment in the security subject to trades with sufficient volume and liquidity Funds and/or one or more other Regulated Funds Disposition immediately preceding the Disposition; (findings as to which are documented by the (i) in which the only term negotiated by or on behalf and (ii) in the case of a Regulated Fund, a majority Advisers to any Regulated Funds holding of the funds is price and (ii) with respect to which, of the Board has approved the Regulated Fund’s investments in the issuer and retained for the life if the transaction were considered on its own, the participation in pro rata Dispositions as being in the of the Regulated Fund) to allow each Regulated funds would be entitled to rely on one of the JT No- best interests of the Regulated Fund. The Regulated Fund to dispose of its entire position remaining Action Letters. Fund’s Board may refuse to approve, or at any time after the proposed Disposition within a short period ‘‘JT No-Action Letters’’ means SMC Capital, Inc., rescind, suspend or qualify, its approval of Pro Rata of time not exceeding 30 days at approximately the SEC No-Action Letter (pub. avail. Sept. 5, 1995) and Dispositions, in which case all subsequent value (as defined by section 2(a)(41) of the Act) at Massachusetts Mutual Life Insurance Company, Dispositions will be submitted to the Regulated which the Regulated Fund has valued the SEC No-Action Letter (pub. avail. June 7, 2000). Fund’s Eligible Directors. investment.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43618 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

principals to influence the Independent control the Existing Regulated Fund; from being disadvantaged. Applicants Directors by a suggestion, explicit or and an Adviser will be the investment further state that the Conditions ensure implied, that the Independent Directors adviser and sub-adviser to, and may be that all Co-Investment Transactions are can be removed will be limited deemed to control, any Future reasonable and fair to the Regulated significantly. The Independent Directors Regulated Fund; (iii) each BDC Funds and their shareholders and do shall evaluate and approve any Downstream Fund will be deemed to be not involve overreaching by any person independent party, taking into account controlled by its BDC parent and/or its concerned, including the Advisers. its qualifications, reputation for BDC parent’s Adviser; and (iv) the Applicants state that the Regulated independence, cost to the shareholders, Advisers are under common control. Funds’ participation in the Co- and other factors that they deem Thus, each Regulated Fund and each Investment Transactions in accordance relevant. Affiliated Fund could be deemed to be with the Conditions will be consistent a person related to a Regulated Fund, or Applicants’ Legal Analysis with the provisions, policies, and BDC Downstream Fund, in a manner purposes of the Act and would be done 1. Section 17(d) of the Act and rule described by section 57(b) and related to in a manner that is not different from, 17d–1 under the Act prohibit the other Regulated Funds in a manner or less advantageous than, that of other participation by a registered investment described by rule 17d–1; and therefore participants. company and an affiliated person in any the prohibitions of rule 17d–1 and ‘‘joint enterprise or other joint section 57(a)(4) would apply Applicants’ Conditions arrangement or profit-sharing plan,’’ as respectively to prohibit the Affiliated Applicants agree that the Order will defined in the rule, without prior Funds from participating in Co- be subject to the following Conditions: approval by the Commission by order Investment Transactions with the upon application. Section 17(d) of the 1. Identification and Referral of Regulated Funds. Further, because the Potential Co-Investment Transactions Act and rule 17d–1 under the Act are BDC Downstream Funds and Wholly- applicable to Regulated Funds that are Owned Investment Subs are controlled (a) The Advisers will establish, registered closed-end investment by the Regulated Funds, the BDC maintain and implement policies and companies. Downstream Funds and Wholly-Owned procedures reasonably designed to 2. Similarly, with regard to BDCs, Investment Subs are subject to section ensure that each Adviser is promptly section 57(a)(4) of the Act generally 57(a)(4) (or section 17(d) in the case of notified of all Potential Co-Investment prohibits certain persons specified in Wholly-Owned Investment Subs Transactions that fall within the then- section 57(b) from participating in joint controlled by Regulated Funds that are current Objectives and Strategies and transactions with the BDC or a company registered under the Act) and thus also Board-Established Criteria of any controlled by the BDC in contravention subject to the provisions of rule 17d–1. Regulated Fund the Adviser manages. of rules as prescribed by the In addition, because the Runway (b) When an Adviser to a Regulated Commission. Section 57(i) of the Act Proprietary Accounts will be controlled Fund is notified of a Potential Co- provides that, until the Commission by an Adviser and, therefore, may be Investment Transaction under prescribes rules under section 57(a)(4), under common control with the Existing Condition 1(a), the Adviser will make the Commission’s rules under section Regulated Fund, RGC, and any Future an independent determination of the 17(d) of the Act applicable to registered Regulated Funds, the Runway appropriateness of the investment for closed-end investment companies will Proprietary Accounts could be deemed the Regulated Fund in light of the be deemed to apply to transactions to be persons related to the Regulated Regulated Fund’s then-current subject to section 57(a)(4). Because the Funds (or a company controlled by the circumstances. Commission has not adopted any rules Regulated Funds) in a manner described under section 57(a)(4), rule 17d–1 also 2. Board Approvals of Co-Investment by section 17(d) or section 57(b) and Transactions applies to joint transactions with also prohibited from participating in the Regulated Funds that are BDCs. Co-Investment Program. (a) If the Adviser deems a Regulated 3. Co-Investment Transactions are 4. In passing upon applications under Fund’s participation in any Potential prohibited by either or both of rule 17d– rule 17d–1, the Commission considers Co-Investment Transaction to be 1 and section 57(a)(4) without a prior whether the company’s participation in appropriate for the Regulated Fund, it exemptive order of the Commission to the joint transaction is consistent with will then determine an appropriate level the extent that the Affiliated Funds and the provisions, policies, and purposes of of investment for the Regulated Fund. the Regulated Funds participating in the Act and the extent to which such (b) If the aggregate amount such transactions fall within the participation is on a basis different from recommended by the Advisers to be category of persons described by rule or less advantageous than that of other invested in the Potential Co-Investment 17d–1 and/or section 57(b), as modified participants. Transaction by the participating by rule 57b–1 thereunder, as applicable, 5. Applicants state that in the absence Regulated Funds and any participating vis-a`-vis each participating Regulated of the requested relief, in many Affiliated Funds, collectively, exceeds Fund. Each of the participating circumstances the Regulated Funds the amount of the investment Regulated Funds and Affiliated Funds would be limited in their ability to opportunity, the investment opportunity may be deemed to be affiliated persons participate in attractive and appropriate will be allocated among them pro rata vis-a`-vis a Regulated Fund within the investment opportunities. Applicants based on the size of the Internal Orders, meaning of section 2(a)(3) by reason of state that, as required by rule 17d–1(b), as described in section III.A.1.b. of the common control because (i) an Adviser the Conditions ensure that the terms on application. Each Adviser to a that is either RGC or an entity that which Co-Investment Transactions may participating Regulated Fund will controls, is controlled by, or under be made will be consistent with the promptly notify and provide the Eligible common control with RGC will be the participation of the Regulated Funds Directors with information concerning investment adviser (and sub-adviser, if being on a basis that it is neither the Affiliated Funds’ and Regulated any) to each of the Regulated Funds and different from nor less advantageous Funds’ order sizes to assist the Eligible the Affiliated Funds; (ii) RGC is the than other participants, thus protecting Directors with their review of the Adviser to, and may be deemed to the equity holders of any participant applicable Regulated Fund’s

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43619

investments for compliance with these management of the portfolio company issuer in which a Related Party has an Conditions. so long as: (x) The Eligible Directors will investment.24 (c) After making the determinations have the right to ratify the selection of 5. Same Terms and Conditions. A required in Condition 1(b) above, each such director or board observer, if any; Regulated Fund will not participate in Adviser to a participating Regulated (y) the Adviser agrees to, and does, any Potential Co-Investment Fund will distribute written information provide periodic reports to the Transaction unless (i) the terms, concerning the Potential Co-Investment Regulated Fund’s Board with respect to conditions, price, class of securities to Transaction (including the amount the actions of such director or the be purchased, date on which the proposed to be invested by each information received by such board commitment is entered into and participating Regulated Fund and each observer or obtained through the registration rights (if any) will be the participating Affiliated Fund) to the exercise of any similar right to same for each participating Regulated Eligible Directors of its participating participate in the governance or Fund and Affiliated Fund and (ii) the Regulated Fund(s) for their management of the portfolio company; earliest settlement date and the latest consideration. A Regulated Fund will and (z) any fees or other compensation settlement date of any participating enter into a Co-Investment Transaction that any other Regulated Fund or Regulated Fund or Affiliated Fund will with one or more other Regulated Funds Affiliated Fund or any affiliated person occur as close in time as practicable and or Affiliated Funds only if, prior to the of any other Regulated Fund or in no event more than ten business days Regulated Fund’s participation in the Affiliated Fund receives in connection apart. The grant to one or more Potential Co-Investment Transaction, a with the right of one or more Regulated Regulated Funds or Affiliated Funds, Required Majority concludes that: but not the respective Regulated Fund, (i) The terms of the transaction, Funds or Affiliated Funds to nominate a director or appoint a board observer or of the right to nominate a director for including the consideration to be paid, election to a portfolio company’s board are reasonable and fair to the Regulated otherwise to participate in the governance or management of the of directors, the right to have an Fund and its equity holders and do not observer on the board of directors or involve overreaching in respect of the portfolio company will be shared proportionately among any participating similar rights to participate in the Regulated Fund or its equity holders on governance or management of the the part of any person concerned; Affiliated Funds (who may, in turn, share their portion with their affiliated portfolio company will not be (ii) the transaction is consistent with: interpreted so as to violate this (A) The interests of the Regulated persons) and any participating Condition 5, if Condition 2(c)(iii)(B) is Fund’s equity holders; and Regulated Fund(s) in accordance with (B) the Regulated Fund’s then-current the amount of each such party’s met. Objectives and Strategies; investment; and 6. Standard Review Dispositions (iii) the investment by any other (iv) the proposed investment by the Regulated Fund(s) or Affiliated Fund(s) (a) General. If any Regulated Fund or Regulated Fund will not involve Affiliated Fund elects to sell, exchange would not disadvantage the Regulated compensation, remuneration or a direct Fund, and participation by the or otherwise dispose of an interest in a or indirect 22 financial benefit to the security and one or more Regulated Regulated Fund would not be on a basis Advisers, any other Regulated Fund, the different from, or less advantageous Funds and Affiliated Funds have Affiliated Funds or any affiliated person previously participated in a Co- than, that of any other Regulated of any of them (other than the parties to Fund(s) or Affiliated Fund(s) Investment Transaction with respect to the Co-Investment Transaction), except the issuer, then: participating in the transaction; (A) to the extent permitted by Condition provided that the Required Majority (i) The Adviser to such Regulated 14, (B) to the extent permitted by 25 shall not be prohibited from reaching Fund or Affiliated Fund will notify section 17(e) or 57(k), as applicable, (C) the conclusions required by this each Regulated Fund that holds an indirectly, as a result of an interest in Condition 2(c)(iii) if: investment in the issuer of the proposed (A) The settlement date for another the securities issued by one of the Disposition at the earliest practical time; Regulated Fund or an Affiliated Fund in parties to the Co-Investment and a Co-Investment Transaction is later Transaction, or (D) in the case of fees or (ii) the Adviser to each Regulated than the settlement date for the other compensation described in Fund that holds an investment in the Regulated Fund by no more than ten Condition 2(c)(iii)(B)(z). issuer will formulate a recommendation business days or earlier than the 3. Right to Decline. Each Regulated settlement date for the Regulated Fund Fund has the right to decline to 24 ‘‘Related Party’’ means (i) any Close Affiliate by no more than ten business days, in participate in any Potential Co- and (ii) in respect of matters as to which any Adviser has knowledge, any Remote Affiliate. either case, so long as: (x) The date on Investment Transaction or to invest less ‘‘Close Affiliate’’ means the Advisers, the which the commitment of the Affiliated than the amount proposed. Regulated Funds, the Affiliated Funds and any Funds and Regulated Funds is made is 4. General Limitation. Except for other person described in section 57(b) (after giving the same; and (y) the earliest settlement effect to rule 57b–1) in respect of any Regulated Follow-On Investments made in Fund (treating any registered investment company date and the latest settlement date of accordance with Conditions 8 and 9 or series thereof as a BDC for this purpose) except any Affiliated Fund or Regulated Fund below,23 a Regulated Fund will not for limited partners included solely by reason of the participating in the transaction will invest in reliance on the Order in any reference in section 57(b) to section 2(a)(3)(D). occur within ten business days of each ‘‘Remote Affiliate’’ means any person described other; or in section 57(e) in respect of any Regulated Fund 22 For example, procuring the Regulated Fund’s (treating any registered investment company or (B) any other Regulated Fund or investment in a Potential Co-Investment series thereof as a BDC for this purpose) and any Affiliated Fund, but not the Regulated Transaction to permit an affiliate to complete or limited partner holding 5% or more of the relevant Fund itself, gains the right to nominate obtain better terms in a separate transaction would limited partner interests that would be a Close a director for election to a portfolio constitute an indirect financial benefit. Affiliate but for the exclusion in that definition. 23 This exception applies only to Follow-On 25 Any Runway Proprietary Account that is not company’s board of directors, the right Investments by a Regulated Fund in issuers in advised by an Adviser is itself deemed to be an to have a board observer or any similar which that Regulated Fund already holds Adviser for purposes of Conditions 6(a)(i), 7(a)(i), right to participate in the governance or investments. 8(a)(i) and 9(a)(i).

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43620 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

as to participation by such Regulated issuer will formulate a recommendation purpose a security with a different Fund in the Disposition. as to participation by such Regulated maturity date) is immaterial 27 in (b) Same Terms and Conditions. Each Fund in the Disposition; and amount, including immaterial relative to Regulated Fund will have the right to (iii) the Advisers will provide to the the size of the issuer; and (y) the Board participate in such Disposition on a Board of each Regulated Fund that records the basis for any such finding in proportionate basis, at the same price holds an investment in the issuer all its minutes. In addition, securities that and on the same terms and conditions information relating to the existing differ only in respect of issuance date, as those applicable to the Affiliated investments in the issuer of the currency, or denominations may be Funds and any other Regulated Fund. Regulated Funds and Affiliated Funds, treated as the same security; and (c) No Board Approval Required. A including the terms of such investments (v) No control. The Affiliated Funds, Regulated Fund may participate in such and how they were made, that is the other Regulated Funds and their a Disposition without obtaining prior necessary for the Required Majority to affiliated persons (within the meaning approval of the Required Majority if: make the findings required by this of section 2(a)(3)(C) of the Act), (i) (A) The participation of each Condition. individually or in the aggregate, do not Regulated Fund and Affiliated Fund in (b) Enhanced Board Approval. The control the issuer of the securities such Disposition is proportionate to its Adviser will provide its written (within the meaning of section 2(a)(9) of then-current holding of the security (or recommendation as to the Regulated the Act). securities) of the issuer that is (or are) Fund’s participation to the Eligible the subject of the Disposition; 26 (B) the Directors, and the Regulated Fund will 8. Standard Review Follow-Ons Board of the Regulated Fund has participate in such Disposition solely to (a) General. If any Regulated Fund or approved as being in the best interests the extent that a Required Majority Affiliated Fund desires to make a of the Regulated Fund the ability to determines that: Follow-On Investment in an issuer and participate in such Dispositions on a pro (i) The Disposition complies with the Regulated Funds and Affiliated rata basis (as described in greater detail Condition 2(c)(i), (ii), (iii)(A), and (iv); Funds holding investments in the issuer in the application); and (C) the Board of and previously participated in a Co- the Regulated Fund is provided on a (ii) the making and holding of the Pre- Investment Transaction with respect to quarterly basis with a list of all Boarding Investments were not the issuer: Dispositions made in accordance with prohibited by section 57 or rule 17d–1, (i) The Adviser to each such this Condition; or as applicable, and records the basis for Regulated Fund or Affiliated Fund will (ii) each security is a Tradable the finding in the Board minutes. notify each Regulated Fund that holds Security and (A) the Disposition is not (c) Additional Requirements: The securities of the portfolio company of to the issuer or any affiliated person of Disposition may only be completed in the proposed transaction at the earliest the issuer; and (B) the security is sold reliance on the Order if: practical time; and for cash in a transaction in which the (i) Same Terms and Conditions. Each (ii) the Adviser to each Regulated only term negotiated by or on behalf of Regulated Fund has the right to Fund that holds an investment in the the participating Regulated Funds and participate in such Disposition on a issuer will formulate a recommendation Affiliated Funds is price. proportionate basis, at the same price as to the proposed participation, (d) Standard Board Approval. In all and on the same terms and Conditions including the amount of the proposed other cases, the Adviser will provide its as those applicable to the Affiliated investment, by such Regulated Fund. written recommendation as to the Funds and any other Regulated Fund; (b) No Board Approval Required. A Regulated Fund’s participation to the (ii) Original Investments. All of the Regulated Fund may participate in the Eligible Directors and the Regulated Affiliated Funds’ and Regulated Funds’ Follow-On Investment without Fund will participate in such investments in the issuer are Pre- obtaining prior approval of the Required Disposition solely to the extent that a Boarding Investments; Majority if: Required Majority determines that it is (iii) Advice of counsel. Independent (i) (A) The proposed participation of in the Regulated Fund’s best interests. counsel to the Board advises that the each Regulated Fund and each making and holding of the investments Affiliated Fund in such investment is 7. Enhanced Review Dispositions in the Pre-Boarding Investments were proportionate to its outstanding (a) General. If any Regulated Fund or not prohibited by section 57 (as investments in the issuer or the security Affiliated Fund elects to sell, exchange modified by rule 57b–1) or rule 17d–1, at issue, as appropriate,28 immediately or otherwise dispose of a Pre-Boarding as applicable; Investment in a Potential Co-Investment (iv) Multiple Classes of Securities. All 27 In determining whether a holding is Transaction and the Regulated Funds Regulated Funds and Affiliated Funds ‘‘immaterial’’ for purposes of the Order, the and Affiliated Funds have not that hold Pre-Boarding Investments in Required Majority will consider whether the nature and extent of the interest in the transaction or previously participated in a Co- the issuer immediately before the time arrangement is sufficiently small that a reasonable Investment Transaction with respect to of completion of the Co-Investment person would not believe that the interest affected the issuer: Transaction hold the same security or the determination of whether to enter into the (i) The Adviser to such Regulated securities of the issuer. For the purpose transaction or arrangement or the terms of the Fund or Affiliated Fund will notify each of determining whether the Regulated transaction or arrangement. 28 To the extent that a Follow-On Investment Regulated Fund that holds an Funds and Affiliated Funds hold the opportunity is in a security or arises in respect of investment in the issuer of the proposed same security or securities, they may a security held by the participating Regulated Disposition at the earliest practical time; disregard any security held by some but Funds and Affiliated Funds, proportionality will be (ii) the Adviser to each Regulated not all of them if, prior to relying on the measured by each participating Regulated Fund’s and Affiliated Fund’s outstanding investment in the Fund that holds an investment in the Order, the Required Majority is security in question immediately preceding the presented with all information Follow-On Investment using the most recent 26 In the case of any Disposition, proportionality necessary to make a finding, and finds, available valuation thereof. To the extent that a will be measured by each participating Regulated that: (x) Any Regulated Fund’s or Follow-On Investment opportunity relates to an Fund’s and Affiliated Fund’s outstanding opportunity to invest in a security that is not in investment in the security in question immediately Affiliated Fund’s holding of a different respect of any security held by any of the preceding the Disposition. class of securities (including for this participating Regulated Funds or Affiliated Funds,

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43621

preceding the Follow-On Investment; Funds holding investments in the issuer the issuer immediately before the time and (B) the Board of the Regulated Fund have not previously participated in a of completion of the Co-Investment has approved as being in the best Co-Investment Transaction with respect Transaction hold the same security or interests of the Regulated Fund the to the issuer: securities of the issuer. For the purpose ability to participate in Follow-On (i) The Adviser to each such of determining whether the Regulated Investments on a pro rata basis (as Regulated Fund or Affiliated Fund will Funds and Affiliated Funds hold the described in greater detail in the notify each Regulated Fund that holds same security or securities, they may application); or securities of the portfolio company of disregard any security held by some but (ii) it is a Non-Negotiated Follow-On the proposed transaction at the earliest not all of them if, prior to relying on the Investment. practical time; Order, the Required Majority is (c) Standard Board Approval. In all (ii) the Adviser to each Regulated presented with all information other cases, the Adviser will provide its Fund that holds an investment in the necessary to make a finding, and finds, written recommendation as to the issuer will formulate a recommendation that: (x) Any Regulated Fund’s or Regulated Fund’s participation to the as to the proposed participation, Affiliated Fund’s holding of a different Eligible Directors and the Regulated including the amount of the proposed class of securities (including for this Fund will participate in such Follow-On investment, by such Regulated Fund; purpose a security with a different Investment solely to the extent that a and maturity date) is immaterial in amount, Required Majority makes the (iii) the Advisers will provide to the including immaterial relative to the size determinations set forth in Condition Board of each Regulated Fund that of the issuer; and (y) the Board records 2(c). If the only previous Co-Investment holds an investment in the issuer all the basis for any such finding in its Transaction with respect to the issuer information relating to the existing minutes. In addition, securities that was an Enhanced Review Disposition investments in the issuer of the differ only in respect of issuance date, the Eligible Directors must complete Regulated Funds and Affiliated Funds, currency, or denominations may be this review of the proposed Follow-On including the terms of such investments treated as the same security; and Investment both on a stand-alone basis and how they were made, that is (iv) No control. The Affiliated Funds, and together with the Pre-Boarding necessary for the Required Majority to the other Regulated Funds and their Investments in relation to the total make the findings required by this affiliated persons (within the meaning economic exposure and other terms of Condition. of section 2(a)(3)(C) of the Act), the investment. (b) Enhanced Board Approval. The individually or in the aggregate, do not (d) Allocation. If, with respect to any Adviser will provide its written control the issuer of the securities such Follow-On Investment: recommendation as to the Regulated (within the meaning of section 2(a)(9) of (i) The amount of the opportunity Fund’s participation to the Eligible the Act). proposed to be made available to any Directors, and the Regulated Fund will (d) Allocation. If, with respect to any Regulated Fund is not based on the participate in such Follow-On such Follow-On Investment: Regulated Funds’ and the Affiliated Investment solely to the extent that a (i) The amount of the opportunity Funds’ outstanding investments in the Required Majority reviews the proposed proposed to be made available to any issuer or the security at issue, as Follow-On Investment both on a stand- Regulated Fund is not based on the appropriate, immediately preceding the alone basis and together with the Pre- Regulated Funds’ and the Affiliated Follow-On Investment; and Boarding Investments in relation to the Funds’ outstanding investments in the (ii) the aggregate amount total economic exposure and other issuer or the security at issue, as recommended by the Advisers to be terms and makes the determinations set appropriate, immediately preceding the invested in the Follow-On Investment forth in Condition 2(c). In addition, the Follow-On Investment; and by the participating Regulated Funds Follow-On Investment may only be (ii) the aggregate amount and any participating Affiliated Funds, completed in reliance on the Order if recommended by the Advisers to be collectively, exceeds the amount of the the Required Majority of each invested in the Follow-On Investment investment opportunity, then the participating Regulated Fund by the participating Regulated Funds Follow-On Investment opportunity will determines that the making and holding and any participating Affiliated Funds, be allocated among them pro rata based of the Pre-Boarding Investments were collectively, exceeds the amount of the on the size of the Internal Orders, as not prohibited by section 57 (as investment opportunity, then the described in section III.A.1.b. of the modified by rule 57b–1) or rule 17d–1, Follow-On Investment opportunity will application. as applicable. The basis for the Board’s be allocated among them pro rata based (e) Other Conditions. The acquisition findings will be recorded in its minutes. on the size of the Internal Orders, as of Follow-On Investments as permitted (c) Additional Requirements. The described in section III.A.1.b. of the by this Condition will be considered a Follow-On Investment may only be application. Co-Investment Transaction for all completed in reliance on the Order if: (e) Other Conditions. The acquisition purposes and subject to the other (i) Original Investments. All of the of Follow-On Investments as permitted Conditions set forth in the application. Affiliated Funds’ and Regulated Funds’ by this Condition will be considered a 9. Enhanced Review Follow-Ons investments in the issuer are Pre- Co-Investment Transaction for all Boarding Investments; purposes and subject to the other (a) General. If any Regulated Fund or (ii) Advice of counsel. Independent Conditions set forth in the application. Affiliated Fund desires to make a counsel to the Board advises that the Follow-On Investment in an issuer that making and holding of the investments 10. Board Reporting, Compliance and is a Potential Co-Investment Transaction in the Pre-Boarding Investments were Annual Re-Approval and the Regulated Funds and Affiliated not prohibited by section 57 (as (a) Each Adviser to a Regulated Fund modified by rule 57b–1) or rule 17d–1, will present to the Board of each proportionality will be measured by each as applicable; Regulated Fund, on a quarterly basis, participating Regulated Fund’s and Affiliated and at such other times as the Board Fund’s outstanding investment in the issuer (iii) Multiple Classes of Securities. All immediately preceding the Follow-On Investment Regulated Funds and Affiliated Funds may request, (i) a record of all using the most recent available valuation thereof. that hold Pre-Boarding Investments in investments in Potential Co-Investment

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43622 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

Transactions made by any of the other 12. Director Independence. No agreements between the applicable Regulated Funds or any of the Affiliated Independent Director (including the Regulated Fund(s) or Affiliated Fund(s) Funds during the preceding quarter that non-interested members of any and its Adviser. fell within the Regulated Fund’s then- Independent Party) of a Regulated Fund 15. Independence. If the Holders own current Objectives and Strategies and will also be a director, general partner, in the aggregate more than 25 percent of Board-Established Criteria that were not managing member or principal, or the Shares of a Regulated Fund, then the made available to the Regulated Fund, otherwise be an ‘‘affiliated person’’ (as Holders will vote such Shares as and an explanation of why such defined in the Act) of any Affiliated directed by an independent third party investment opportunities were not made Fund. when voting on (1) the election of available to the Regulated Fund; (ii) a 13. Expenses. The expenses, if any, directors; (2) the removal of one or more record of all Follow-On Investments in associated with acquiring, holding or directors; or (3) any other matter under and Dispositions of investments in any disposing of any securities acquired in either the Act or applicable State law issuer in which the Regulated Fund a Co-Investment Transaction (including, affecting the Board’s composition, size holds any investments by any Affiliated without limitation, the expenses of the or manner of election. Fund or other Regulated Fund during distribution of any such securities For the Commission, by the Division of the prior quarter; and (iii) all registered for sale under the Securities Investment Management, under delegated information concerning Potential Co- Act) will, to the extent not payable by authority. Investment Transactions and Co- the Advisers under their respective J. Matthew DeLesDernier, Investment Transactions, including advisory agreements with the Regulated Assistant Secretary. investments made by other Regulated Funds and the Affiliated Funds, be [FR Doc. 2020–15417 Filed 7–16–20; 8:45 am] Funds or Affiliated Funds that the shared by the Regulated Funds and the BILLING CODE 8011–01–P Regulated Fund considered but declined participating Affiliated Funds in to participate in, so that the proportion to the relative amounts of the Independent Directors, may determine securities held or being acquired or SECURITIES AND EXCHANGE whether all Potential Co-Investment disposed of, as the case may be. COMMISSION Transactions and Co-Investment 14. Transaction Fees.29 Any Transactions during the preceding transaction fee (including break-up, Sunshine Act Meeting; Cancellation quarter, including those investments structuring, monitoring or commitment that the Regulated Fund considered but fees but excluding brokerage or FEDERAL REGISTER CITATION OF PREVIOUS declined to participate in, comply with underwriting compensation permitted ANNOUNCEMENT: 85 FR 41655, July 10, the Conditions. by section 17(e) or 57(k)) received in 2020. (b) All information presented to the connection with any Co-Investment PREVIOUSLY ANNOUNCED TIME AND DATE OF Regulated Fund’s Board pursuant to this Transaction will be distributed to the THE MEETING: Wednesday, July 15, 2020 Condition will be kept for the life of the participants on a pro rata basis based on at 2:00 p.m. Regulated Fund and at least two years the amounts they invested or CHANGES IN THE MEETING: The Closed thereafter, and will be subject to committed, as the case may be, in such Meeting scheduled for Wednesday, July examination by the Commission and its Co-Investment Transaction. If any 15, 2020 at 2:00 p.m., has been staff. transaction fee is to be held by an cancelled. (c) Each Regulated Fund’s chief Adviser pending consummation of the CONTACT PERSON FOR MORE INFORMATION: compliance officer, as defined in rule transaction, the fee will be deposited For further information; please contact 38a–1(a)(4), will prepare an annual into an account maintained by the Vanessa A. Countryman from the Office report for its Board each year that Adviser at a bank or banks having the of the Secretary at (202) 551–5400. qualifications prescribed in section evaluates (and documents the basis of Dated: July 15, 2020. 26(a)(1), and the account will earn a that evaluation) the Regulated Fund’s Vanessa A. Countryman, competitive rate of interest that will also compliance with the terms and Secretary. Conditions of the application and the be divided pro rata among the [FR Doc. 2020–15589 Filed 7–15–20; 11:15 am] procedures established to achieve such participants. None of the Advisers, the compliance. In the case of a BDC Affiliated Funds, the other Regulated BILLING CODE 8011–01–P Downstream Fund that does not have a Funds or any affiliated person of the chief compliance officer, the chief Affiliated Funds or the Regulated Funds will receive any additional SECURITIES AND EXCHANGE compliance officer of the BDC that COMMISSION controls the BDC Downstream Fund will compensation or remuneration of any prepare the report for the relevant kind as a result of or in connection with [Release No. 34–89304; File No. SR– Independent Party. a Co-Investment Transaction other than CboeBZX–2020–003] (d) The Independent Directors (i) in the case of the Regulated Funds and the Affiliated Funds, the pro rata Self-Regulatory Organizations; Cboe (including the non-interested members BZX Exchange, Inc.; Notice of of each Independent Party) will transaction fees described above and fees or other compensation described in Designation of a Longer Period for consider at least annually whether Commission Action on Proceedings To continued participation in new and Condition 2(c)(iii)(B)(z), (ii) brokerage or underwriting compensation permitted Determine Whether To Approve or existing Co-Investment Transactions is Disapprove a Proposed Rule Change, in the Regulated Fund’s best interests. by section 17(e) or 57(k) or (iii) in the case of the Advisers, investment as Modified by Amendment No. 2, to 11. Record Keeping. Each Regulated List and Trade Shares of the Ø1x Fund will maintain the records required advisory compensation paid in accordance with investment advisory Short VIX Futures ETF Under BZX Rule by section 57(f)(3) of the Act as if each 14.11(f)(4), Trust Issued Receipts of the Regulated Funds were a BDC and 29 Applicants are not requesting and the July 13, 2020. each of the investments permitted under Commission is not providing any relief for these Conditions were approved by the transaction fees received in connection with any On January 3, 2020, Cboe BZX Required Majority under section 57(f). Co-Investment Transaction. Exchange, Inc. (‘‘Exchange’’ or ‘‘BZX’’)

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43623

filed with the Securities and Exchange 60 days if the Commission determines (the ‘‘Fee Schedule’’) to make minor, Commission (‘‘Commission’’), pursuant that a longer period is appropriate and non-substantive edits and clarifying to Section 19(b)(1) of the Securities publishes the reasons for such changes. Exchange Act of 1934 (‘‘Act’’) 1 and Rule determination. The date of publication The text of the proposed rule change 19b–4 thereunder,2 a proposed rule of notice of filing of the proposed rule is available on the Exchange’s website at change to list and trade shares of the change was January 23, 2020. July 21, http://www.miaxoptions.com/rule- ¥1x Short VIX Futures ETF, a series of 2020, is 180 days from that date, and filings/pearl at MIAX PEARL’s principal VS Trust, under BZX Rule 14.11(f)(4) September 19, 2020, is 240 days from office, and at the Commission’s Public (Trust Issued Receipts). The proposed that date. Reference Room. The Commission finds it appropriate rule change was published for comment II. Self-Regulatory Organization’s in the Federal Register on January 23, to designate a longer period within 3 Statement of the Purpose of, and 2020. which to issue an order approving or Statutory Basis for, the Proposed Rule On February 25, 2020, pursuant to disapproving the proposed rule change Change Section 19(b)(2) of the Act,4 the so that it has sufficient time to consider Commission designated a longer period this proposed rule change, as modified In its filing with the Commission, the within which to approve the proposed by Amendment No. 2. Accordingly, the Exchange included statements rule change, disapprove the proposed Commission, pursuant to Section concerning the purpose of and basis for rule change, or institute proceedings to 19(b)(2) of the Act,11 designates the proposed rule change and discussed determine whether to disapprove the September 19, 2020, as the date by any comments it received on the proposed rule change.5 On March 24, which the Commission shall either proposed rule change. The text of these 2020, the Exchange filed Amendment approve or disapprove the proposed statements may be examined at the No. 1 to the proposed rule change, rule change (File No. SR–CboeBZX– places specified in Item IV below. The which replaced and superseded the 2020–003). Exchange has prepared summaries, set proposed rule change as originally forth in sections A, B, and C below, of For the Commission, by the Division of 6 the most significant aspects of such filed. On April 13, 2020, the Exchange Trading and Markets, pursuant to delegated filed Amendment No. 2 to the proposed authority.12 statements. rule change, which replaced and J. Matthew DeLesDernier, A. Self-Regulatory Organization’s superseded the proposed rule change, as Assistant Secretary. Statement of the Purpose of, and modified by Amendment No. 1.7 On [FR Doc. 2020–15451 Filed 7–16–20; 8:45 am] Statutory Basis for, the Proposed Rule April 22, 2020, the Commission Change published notice of Amendment No. 2 BILLING CODE 8011–01–P and instituted proceedings pursuant to 1. Purpose 8 Section 19(b)(2)(B) of the Act to SECURITIES AND EXCHANGE The Exchange proposes to amend the determine whether to approve or COMMISSION Fee Schedule to make minor, non- disapprove the proposed rule change, as substantive edits and clarifying changes modified by Amendment No. 2.9 [Release No. 34–89302; File No. SR– to delete references in the Fee Schedule Section 19(b)(2) of the Act 10 provides PEARL–2020–08] to the ‘‘Penny Pilot’’ and replace those that, after initiating disapproval references throughout the Fee Schedule proceedings, the Commission shall issue Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing and with ‘‘Penny Program.’’ an order approving or disapproving the On May 29, 2020, the Exchange filed Immediate Effectiveness of a Proposed proposed rule change not later than 180 a proposal to, among other things, Rule Change To Amend Fee Schedule days after the date of publication of conform its rules to Section 3.1 of the notice of filing of the proposed rule July 13, 2020. Plan for the Purpose of Developing and change. The Commission may extend Pursuant to the provisions of Section Implementing Procedures Designed to the period for issuing an order 19(b)(1) of the Securities Exchange Act Facilitate the Listing and Trading of approving or disapproving the proposed of 1934 (‘‘Act’’) 1 and Rule 19b–4 Standardized Options (the ‘‘OLPP’’).3 rule change, however, by not more than thereunder,2 notice is hereby given that With that filing, the Exchange, along on June 30, 2020, MIAX PEARL, LLC with all other options exchanges, 1 15 U.S.C. 78s(b)(1). (‘‘MIAX PEARL’’ or ‘‘Exchange’’) filed adopted rule text to codify the OLPP 2 17 CFR 240.19b–4. Program in new Exchange Rule 510(c) 3 See Securities Exchange Act Release No. 87992 with the Securities and Exchange (January 16, 2020), 85 FR 4023. Commission (‘‘Commission’’) a (Requirements for Penny Interval 4 15 U.S.C. 78s(b)(2). proposed rule change as described in Program) (the ‘‘Penny Program’’), which 5 See Securities Exchange Act Release No. 88276, Items I, II, and III below, which Items replaced the Penny Pilot and 85 FR 12353 (March 2, 2020). The Commission have been prepared by the Exchange. permanently permits the Exchange to designated April 22, 2020 as the date by which the quote certain option classes in Commission should approve or disapprove, or The Commission is publishing this institute proceedings to determine whether to notice to solicit comments on the minimum increments of one cent disapprove, the proposed rule change. proposed rule change from interested ($0.01) and five cents ($0.05). 6 Amendment No. 1 is available at: https:// persons. Accordingly, the Exchange now www.sec.gov/comments/sr-cboebzx-2020-003/ srcboebzx2020003-6993242-214730.pdf. I. Self-Regulatory Organization’s 3 See Securities Exchange Act Release Nos. 88992 7 Amendment No. 2 is available on the Statement of the Terms of Substance of (June 2, 2020), 85 FR 35142 (June 8, 2020) (SR– Commission’s website at: https://www.sec.gov/ the Proposed Rule Change PEARL–2020–06) (Notice of Filing and Immediate comments/sr-cboebzx-2020-003/srcboebzx2020003- Effectiveness of a Proposed Rule Change To Amend 7098109-215773.pdf. The Exchange is filing a proposal to Exchange Rule 404, Series of Option Contracts 8 15 U.S.C. 78s(b)(2)(B). amend the MIAX PEARL Fee Schedule Open for Trading, Exchange Rule 510, Minimum 9 See Securities Exchange Act Release No. 88726, Price Variations and Minimum Trading Increments, 85 FR 23581 (April 28, 2020). Comments on the and Exchange Rule 516, Order Types Defined, To 11 proposed rule change can be found at: https:// Id. Conform the Rules to Section 3.1 of the Plan for the www.sec.gov/comments/sr-cboebzx-2020-003/ 12 17 CFR 200.30–3(a)(57). Purpose of Developing and Implementing srcboebzx2020003.htm. 1 15 U.S.C. 78s(b)(1). Procedures Designed To Facilitate the Listing and 10 15 U.S.C. 78s(b)(2). 2 17 CFR 240.19b–4. Trading of Standardized Options).

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43624 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

proposes to delete references in the Fee concise so as to eliminate the potential • Send an email to rule-comments@ Schedule to the ‘‘Penny Pilot’’ replace for confusion. sec.gov. Please include File Number SR– those references throughout the Fee PEARL–2020–08 on the subject line. B. Self-Regulatory Organization’s Schedule with ‘‘Penny Program.’’ The Statement on Burden on Competition Paper Comments Penny Program is set to become operative on July 1, 2020. The proposed The Exchange does not believe that • Send paper comments in triplicate changes would be to references to the proposed rule change will result in to Secretary, Securities and Exchange ‘‘Penny Pilot’’ in Section 1)b) of the Fee any burden on competition that is not Commission, 100 F Street NE, Schedule. The Exchange does not necessary or appropriate in furtherance Washington, DC 20549–1090. propose to amend or change any of its of the purposes of the Act. The All submissions should refer to File fees. The purpose of these changes is to proposed rule change is not a Number SR–PEARL–2020–08. This file provide uniformity between the competitive filing but rather is designed number should be included on the Exchange’s rules and the Fee Schedule. to remedy minor non-substantive issues subject line if email is used. To help the The proposed changes to the Fee and provide added clarity to the Fee Commission process and review your Schedule would become operative on Schedule in order to avoid potential comments more efficiently, please use July 1, 2020, upon the expiration of the confusion on the part of market only one method. The Commission will Penny Pilot, in accordance with the participants. In addition, the Exchange post all comments on the Commission’s Penny Program becoming operational. does not believe the proposal will internet website (http://www.sec.gov/ impose any burden on inter-market rules/sro.shtml). Copies of the 2. Statutory Basis competition as the proposal does not submission, all subsequent The Exchange believes the proposed address any competitive issues and is amendments, all written statements rule change is consistent with the Act intended to protect investors by with respect to the proposed rule and the rules and regulations providing further transparency change that are filed with the thereunder applicable to the Exchange regarding the Exchange’s Fee Schedule. Commission, and all written and, in particular, the requirements of communications relating to the C. Self-Regulatory Organization’s proposed rule change between the Section 6(b) of the Act.4 Specifically, Statement on Comments on the the Exchange believes the proposed rule Commission and any person, other than Proposed Rule Change Received From those that may be withheld from the change is consistent with the Section Members, Participants, or Others 6(b)(5) 5 requirements that the rules of public in accordance with the an exchange be designed to prevent Written comments were neither provisions of 5 U.S.C. 552, will be fraudulent and manipulative acts and solicited nor received. available for website viewing and printing in the Commission’s Public practices, to promote just and equitable III. Date of Effectiveness of the Reference Room, 100 F Street NE, principles of trade, to foster cooperation Proposed Rule Change and Timing for Washington, DC 20549 on official and coordination with persons engaged Commission Action business days between the hours of in regulating, clearing, settling, The foregoing rule change has become processing information with respect to, 10:00 a.m. and 3:00 p.m. Copies of the effective pursuant to Section filing also will be available for and facilitating transactions in 19(b)(3)(A)(ii) of the Act,7 and Rule securities, to remove impediments to inspection and copying at the principal 19b–4(f)(2) 8 thereunder. At any time office of the Exchange. All comments and perfect the mechanism of a free and within 60 days of the filing of the open market and a national market received will be posted without change. proposed rule change, the Commission Persons submitting comments are system, and, in general, to protect summarily may temporarily suspend investors and the public interest. cautioned that we do not redact or edit such rule change if it appears to the personal identifying information from Additionally, the Exchange believes the Commission that such action is proposed rule change is consistent with comment submissions. You should 6 necessary or appropriate in the public submit only information that you wish the Section 6(b)(5) requirement that interest, for the protection of investors, the rules of an exchange not be designed to make available publicly. All or otherwise in furtherance of the submissions should refer to File to permit unfair discrimination between purposes of the Act. If the Commission customers, issuers, brokers, or dealers. Number SR–PEARL–2020–08, and takes such action, the Commission shall should be submitted on or before The Exchange believes the proposed institute proceedings to determine August 7, 2020. changes promote just and equitable whether the proposed rule should be For the Commission, by the Division of principles of trade and remove approved or disapproved. impediments to and perfect the Trading and Markets, pursuant to delegated authority.9 mechanism of a free and open market IV. Solicitation of Comments J. Matthew DeLesDernier, and a national market system because Interested persons are invited to Assistant Secretary. the proposed changes make clarifying, submit written data, views, and non-substantive edits to the Fee arguments concerning the foregoing, [FR Doc. 2020–15452 Filed 7–16–20; 8:45 am] Schedule, and conform the Fee including whether the proposed rule BILLING CODE 8011–01–P Schedule to the Exchange’s rulebook. change is consistent with the Act. The Exchange believes that these Comments may be submitted by any of SECURITIES AND EXCHANGE proposed changes will provide greater the following methods: clarity to Members and the public COMMISSION regarding the Exchange’s Fee Schedule Electronic Comments • Proposed Collection; Comment and that it is in the public interest for Use the Commission’s internet Request the Fee Schedule to be accurate and comment form (http://www.sec.gov/ rules/sro.shtml); or Upon Written Request, Copies Available 4 15 U.S.C. 78f(b). From: Securities and Exchange 5 15 U.S.C. 78f(b)(5). 7 15 U.S.C. 78s(b)(3)(A)(ii). 6 Id. 8 17 CFR 240.19b–4(f)(2). 9 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43625

Commission, Office of FOIA Services, performance of the functions of the decisions, without imposing undue 100 F Street NE, Washington, DC Commission, including whether the costs or delays. 20549–2736 information shall have practical utility; 2. Whether to provide further Extension: (b) the accuracy of the Commission’s guidance to investment advisers Rule 17f–2(e), SEC File No. 270–37, OMB estimates of the burden of the proposed regarding how the fiduciary duty and Control No. 3235–0031 collection of information; (c) ways to rule 206(4)-6 under the Investment enhance the quality, utility, and clarity Advisers Act of 1940 relate to an Notice is hereby given that pursuant of the information collected; and (d) investment adviser’s proxy voting on to the Paperwork Reduction Act of 1995 ways to minimize the burden of the behalf of clients, through publication of (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the collection of information on supplementary guidance to the Securities and Exchange Commission respondents, including through the use Commission Guidance Regarding Proxy (‘‘Commission’’) is soliciting comments of automated collection techniques or Voting Responsibilities of Investment on the existing collection of information other forms of information technology. Advisers, Release No. IA–5325 (Aug. 21, provided for in Rule 17f–2(e) (17 CFR Consideration will be given to 2019), 84 FR 47420 (Sept. 10, 2019). 240.17f–2(e)), under the Securities comments and suggestions submitted in Exchange Act of 1934 (15 U.S.C. 78a et CONTACT PERSON FOR MORE INFORMATION: writing within 60 days of this For further information and to ascertain seq.). The Commission plans to submit publication. this existing collection of information to what, if any, matters have been added, An agency may not conduct or deleted or postponed, please contact the Office of Management and Budget sponsor, and a person is not required to (‘‘OMB’’) for extension and approval. Vanessa A. Countryman, Office of the respond to, a collection of information Secretary, at (202) 551–5400. Rule 17f–2(e) requires every member under the PRA unless it displays a of a national securities exchange, currently valid OMB control number. Dated: July 15, 2020. broker, dealer, registered transfer agent, Please direct your written comments Vanessa A. Countryman, and registered clearing agency (‘‘covered to: David Bottom, Director/Chief Secretary. entities’’) claiming an exemption from Information Officer, Securities and [FR Doc. 2020–15588 Filed 7–15–20; 11:15 am] the fingerprinting requirements of Rule Exchange Commission, c/o Cynthia BILLING CODE 8011–01–P 17f–2 to make and keep current a Roscoe, 100 F Street NE, Washington, statement entitled ‘‘Notice Pursuant to DC 20549, or send an email to: PRA_ Rule 17f–2’’ (‘‘Notice’’) containing the [email protected]. SECURITIES AND EXCHANGE information specified in paragraph (e)(1) COMMISSION to support their claim of exemption. Dated: July 13, 2020. Rule 17f–2(e) contains no filing J. Matthew DeLesDernier, Sunshine Act Meetings requirement. Instead, paragraph (e)(2) Assistant Secretary. TIME AND DATE: 2:00 p.m. on Wednesday, requires covered entities to keep a copy [FR Doc. 2020–15436 Filed 7–16–20; 8:45 am] July 22, 2020. of the Notice in an easily accessible BILLING CODE 8011–01–P place at the organization’s principal PLACE: The meeting will be held via office and at the office employing the remote means and/or at the persons for whom exemptions are SECURITIES AND EXCHANGE Commission’s headquarters, 100 F claimed and to make the Notice COMMISSION Street NE, Washington, DC 20549. available upon request for inspection by STATUS: This meeting will be closed to the Commission, appropriate regulatory Sunshine Act Meetings the public. agency (if not the Commission) or other MATTERS TO BE CONSIDERED: TIME AND DATE: Notice is hereby given, designated examining authority. Notices Commissioners, Counsel to the prepared pursuant to Rule 17f–2(e) must pursuant to the provisions of the Government in the Sunshine Act, Public Commissioners, the Secretary to the be maintained for as long as the covered Commission, and recording secretaries entity claims an exemption from the Law 94–409, the Securities and Exchange Commission will hold an will attend the closed meeting. Certain fingerprinting requirements of Rule 17f– staff members who have an interest in 2. The recordkeeping requirement under Open Meeting on Wednesday, July 22, 2020 at 10:00 a.m. the matters also may be present. Rule 17f–2(e) assists the Commission In the event that the time, date, or and other regulatory agencies with PLACE: The meeting will be held via location of this meeting changes, an ensuring compliance with Rule 17f–2. remote means and/or at the announcement of the change, along with We estimate that approximately 75 Commission’s headquarters, 100 F the new time, date, and/or place of the respondents will incur an average Street NE, Washington, DC 20549. meeting will be posted on the burden of 30 minutes per year to STATUS: This meeting will begin at 10:00 Commission’s website at https:// comply with this rule, which represents a.m. (ET) and will be open to the public www.sec.gov. the time it takes for a staff person at a via audio webcast only on the The General Counsel of the covered entity to properly document a Commission’s website at www.sec.gov. Commission, or his designee, has claimed exemption from the MATTERS TO BE CONSIDERED: The subject certified that, in his opinion, one or fingerprinting requirements of Rule 17f– matter of the Open Meeting will be the more of the exemptions set forth in 5 2 in the required Notice and to properly Commission’s continued efforts to U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) retain the Notice according to the enhance transparency, improve and (10) and 17 CFR 200.402(a)(3), entity’s record retention policies and disclosures, and increase confidence in (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and procedures. The total annual burden for the proxy process. The specific matters (a)(10), permit consideration of the all covered entities is approximately 38 to be considered are: scheduled matters at the closed meeting. hours (75 entities × .5 hours, rounded 1. Whether to adopt proxy rule The subject matter of the closed up). amendments to provide investors who meeting will consist of the following Written comments are invited on: (a) use proxy voting advice with more topic: Whether the proposed collection of transparent, accurate, and complete Institution and settlement of information is necessary for the proper information on which to make voting injunctive actions;

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43626 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

Institution and settlement of solicit comments on the amendment II. Effectiveness of the Proposed Plan administrative proceedings; from interested persons. Amendment Resolution of litigation claims; and I. Description and Purpose of the The foregoing CAT NMS Plan Other matters relating to enforcement Amendment amendment has become effective pursuant to Rule 608(b)(3)(iii) 12 because proceedings. The amendment to the CAT NMS it involves solely technical or At times, changes in Commission Plan adds MEMX as a Participant.5 The ministerial matters. At any time within priorities require alterations in the CAT NMS Plan provides that any sixty days of the filing of this scheduling of meeting agenda items that Person 6 approved by the Commission as amendment, the Commission may may consist of adjudicatory, a national securities exchange or summarily abrogate the amendment and examination, litigation, or regulatory national securities association under the require that it be refiled pursuant to matters. Exchange Act may become a Participant paragraph (a)(1) of Rule 608,13 if it by submitting to the Company 7 a CONTACT PERSON FOR MORE INFORMATION: appears to the Commission that such completed application in the form For further information; please contact action is necessary or appropriate in the provided by the Company.8 As a Vanessa A. Countryman from the Office public interest, for the protection of condition to admission as a Participant, of the Secretary at (202) 551–5400. investors or the maintenance of fair and said Person shall: (i) Execute a orderly markets, to remove impediments Dated: July 15, 2020. counterpart of the CAT NMS Plan, at Vanessa A. Countryman, which time Exhibit A shall be amended to, and perfect the mechanisms of, a national market system or otherwise in Secretary. to reflect the status of said Person as a furtherance of the purposes of the Act. [FR Doc. 2020–15630 Filed 7–15–20; 4:15 pm] Participant (including said Person’s BILLING CODE 8011–01–P address for purposes of notices III. Solicitation of Comments delivered pursuant to the CAT NMS Interested persons are invited to Plan); and (ii) pay a fee to the Company submit written data, views and SECURITIES AND EXCHANGE as set forth in the Plan (the 9 arguments concerning the foregoing, COMMISSION ‘‘Participation Fee’’). The amendment including whether the amendment is to the Plan reflecting the admission of consistent with the Act. Comments may [Release No. 34–89306; File No. 4–698] a new Participant shall be effective only be submitted by any of the following when: (x) It is approved by the methods: Joint Industry Plan; Notice of Filing Commission in accordance with Rule and Immediate Effectiveness of 608 or otherwise becomes effective Electronic Comments Amendment to the National Market pursuant to Rule 608; and (y) the • Use the Commission’s internet System Plan Governing the prospective Participant pays the comment form (http://www.sec.gov/ 10 Consolidated Audit Trail To Add MEMX Participation Fee. rules/sro.shtml); or LLC as a Participant MEMX has executed a copy of the • Send an email to rule-comments@ current CAT NMS Plan, amended to sec.gov. Please include File Number 4– July 13, 2020. include MEMX in the List of Parties 698 on the subject line. Pursuant to Section 11A(a)(3) of the (including the address of MEMX), paid Securities Exchange Act of 1934 the applicable Participation Fee and Paper Comments (‘‘Act’’) 1 and Rule 608 thereunder,2 provided each current Plan Participant • Send paper comments in triplicate notice is hereby given that on June 5, with a copy of the executed and to Secretary, Securities and Exchange 2020, MEMX LLC (‘‘MEMX’’ or amended CAT NMS Plan.11 Commission, 100 F Street NE, ‘‘Exchange’’) filed with the Securities Washington, DC 20549–1090. and Exchange Commission 5 Defined in Section 1.1 of the CAT NMS Plan as All submissions should refer to File follows: ‘‘Participant’’ means each Person identified (‘‘Commission’’) an amendment to the as such on Exhibit A hereto, and any Person that Number 4–698. This file number should National Market System Plan Governing becomes a Participant as permitted by this be included on the subject line if email the Consolidated Audit Trail (‘‘CAT Agreement, in such Person’s capacity as a is used. To help the Commission 3 Participant in the Company (it being understood NMS Plan’’ or ‘‘Plan’’). The that the Participants shall comprise the ‘‘members’’ process and review your comments amendment adds MEMX as a of the Company (as the term ‘‘member’’ is defined more efficiently, please use only one Participant 4 to the CAT NMS Plan. The in Section 18–101(11) of the Delaware Act)). method. The Commission will post all Commission is publishing this notice to 6 Defined in Section 1.1 of the CAT NMS Plan as comments on the Commission’s internet follows: ‘‘Person’’ means any individual, partnership, limited liability company, corporation, website (http://www.sec.gov/rules/ 1 15 U.S.C. 78k–1(a)(3). joint venture, trust, business trust, cooperative or sro.shtml). Copies of the submission, all 2 17 CFR 242.608. association and any heirs, executors, subsequent amendments, all written 3 The Commission approved the CAT NMS Plan administrators, legal representatives, successors and statements with respect to the proposed assigns of such Person where the context so on November 16, 2016. See Securities Exchange Act rule change that are filed with the Release No. 79318, 81 FR 84695 (November 23, permits. 2016) (order approving the CAT NMS Plan). 7 The ‘‘Company’’ refers to the limited liability Commission, and all written 4 The Participants to the CAT NMS Plan are: BOX company, Consolidated Audit Trail, LLC, which is communications relating to the Exchange LLC; Cboe BYX Exchange, Inc.; Cboe BZX responsible for conducting the activities of the CAT. proposed rule change between the See Securities Exchange Act Release No. 87149 Exchange, Inc.; Cboe C2 Exchange, Inc.; Cboe EDGA Commission and any person, other than Exchange, Inc.; Cboe EDGX Exchange, Inc.; Cboe (September 27, 2019), 84 FR 52905 (October 3, Exchange, Inc.; Financial Industry Regulatory 2019). those that may be withheld from the Authority, Inc.; Investors Exchange LLC; Long Term 8 See Section 3.3 of the CAT NMS Plan. MEMX public in accordance with the Stock Exchange, Inc.; Miami International was approved as a national securities exchange on provisions of 5 U.S.C. 552, will be Securities Exchange LLC; MIAX Emerald, LLC; May 4, 2020. See Securities Exchange Act Release available for website viewing and MIAX PEARL, LLC; Nasdaq BX, Inc.; Nasdaq No. 88806 (May 4, 2020), 85 FR 27451 (May 8, GEMX, LLC; Nasdaq ISE, LLC; Nasdaq MRX, LLC; 2020). Nasdaq PHLX LLC; The Nasdaq Stock Market LLC; 9 See Section 3.3 of the CAT NMS Plan. Vanessa Countryman, Secretary, U.S. Securities and New York Stock Exchange LLC; NYSE Arca, Inc.; 10 Id. Exchange Commission. NYSE American LLC; NYSE Chicago, Inc.; and 11 See Letter from Anders Franzon, General 12 17 CFR 242.608(b)(3)(iii). NYSE National, Inc. Counsel, MEMX LLC, dated June 5, 2020, to 13 17 CFR 242.608(a)(1).

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43627

printing in the Commission’s Public approve or disapprove the proposed FINRA Rule 8312 (FINRA BrokerCheck Reference Room, 100 F Street NE, rule change to July 13, 2020.4 On July Disclosure) to require the disclosure Washington, DC 20549–1090 on official 2, 2020, FINRA responded to the through FINRA BrokerCheck of the business days between the hours of comment letters received in response to status of a member broker-dealer as a 10:00 a.m. and 3:00 p.m. Copies of the the Notice and filed an amendment to ‘‘taping firm’’ under FINRA Rule 3170 filing also will be available for the proposed rule change (‘‘Amendment (Tape Recording of Registered Persons inspection and copying at the principal No. 1’’).5 by Certain Firms); and (4) amend the office of the Exchange. All comments The Commission is publishing this FINRA Rule 1000 Series (Member received will be posted without change. order pursuant to Section 19(b)(2)(B) of Application and Associated Person Persons submitting comments are the Exchange Act 6 to solicit comments Registration) to require a member cautioned that we do not redact or edit on Amendment No. 1 from interested broker-dealer to submit a written personal identifying information from persons and to institute proceedings to request to FINRA’s Department of comment submissions. You should determine whether to approve or Member Regulation, through the submit only information that you wish disapprove the proposed rule change, as Membership Application Group (‘‘MAP to make available publicly. All modified by Amendment No. 1. Group’’), seeking a materiality submissions should refer to File Institution of proceedings does not consultation and approval of a Number 4–698 and should be submitted indicate that the Commission has continuing membership application, if on or before August 3, 2020. reached any conclusions with respect to required, when a natural person that the proposed rule change, nor does it By the Commission. has, in the prior five years, one or more mean that the Commission will ‘‘final criminal matters’’ or two or more J. Matthew DeLesDernier, ultimately disapprove the proposed rule ‘‘specified risk events’’ seeks to become Assistant Secretary. change. Rather, as discussed below, the an owner, control person, principal or [FR Doc. 2020–15461 Filed 7–16–20; 8:45 am] Commission seeks additional input from registered person of the member broker- BILLING CODE 8011–01–P interested parties on the changes to the dealer.7 proposed rule change, as set forth in Amendment No. 1. Proposed Rule Change to the FINRA SECURITIES AND EXCHANGE Rule 9200 Series (Disciplinary COMMISSION II. Description of the Proposed Rule Proceedings) and the 9300 Series Change (Review of Disciplinary Proceeding by [Release No. 34–89305; File No. SR–FINRA– National Adjudicatory Council and 2020–011] Background FINRA Board; Application for SEC FINRA’s proposed rule change would: Review) Self-Regulatory Organizations; (1) Amend the FINRA Rule 9200 Series Financial Industry Regulatory (Disciplinary Proceedings) and the 9300 Currently, FINRA rules require that Authority, Inc.; Order Instituting Series (Review of Disciplinary when a hearing panel or hearing officer Proceedings To Determine Whether To Proceedings by National Adjudicatory decision is on appeal or review before Approve or Disapprove a Proposed Council and FINRA Board; Application the NAC, any sanctions imposed by the Rule Change, as Modified by for SEC Review) to allow a hearing hearing panel or hearing officer Amendment No. 1, To Address Broker- officer to impose conditions or decision, including bars and expulsions, Dealers With a Significant History of restrictions on the activities of a are automatically stayed and not Misconduct respondent member broker-dealer or enforced against the respondent during respondent associated person, and the pendency of the appeal or review July 13, 2020. 8 require the member broker-dealer proceeding. In turn, the filing of an I. Introduction employing a respondent associated application for Commission review stays the effectiveness of any sanction, On April 3, 2020, Financial Industry person to adopt heightened supervisory other than a bar or an expulsion, Regulatory Authority, Inc. (‘‘FINRA’’) procedures for such associated person, when a disciplinary matter is appealed imposed in a decision constituting a filed with the Securities and Exchange 9 to the National Adjudicatory Council final FINRA disciplinary action. Commission (‘‘Commission’’), pursuant In the Notice, FINRA expressed to Section 19(b)(1) of the Securities (‘‘NAC’’) or called for NAC review; (2) amend the FINRA Rule 9520 Series concern about customers who could Exchange Act of 1934 (‘‘Exchange engage in securities transactions with Act’’) 1 and Rule 19b–4 thereunder,2 a (Eligibility Proceedings) to require member broker-dealers to adopt proposed rule change to amend FINRA’s 7 heightened supervisory procedures for See Notice at 20745. rules to help further address the issue of The proposed rule change would impact all broker-dealers with a significant history statutorily disqualified associated members, including members that are funding of misconduct and the firms that persons during the period a statutory portals or have elected to be treated as capital employ them. The proposed rule change disqualification eligibility request is acquisition brokers (‘‘CABs’’), given that the under review by FINRA; (3) amend funding portal rule set incorporates the Rule 9200 was published for comment in the Series and Rule 9300 Series and Rule 9556 by Federal Register on April 14, 2020.3 On reference, and the CAB rule set incorporates Rules May 27, 2020, FINRA consented to an 4 See letter from Michael Garawski, Associate 1011, 1017 and 8312 and the Rule 9200 Series, Rule General Counsel, Office of General Counsel, FINRA, 9300 Series and Rule 9500 Series by reference. In extension of the time period in which to Daniel Fisher, Branch Chief, Division of Trading addition, FINRA is proposing corresponding the Commission must approve the and Markets, U.S. Securities and Exchange amendments to CAB Rule 111, to reflect that a CAB proposed rule change, disapprove the Commission, dated May 27, 2020. would be subject to IM–1011–3, and amendments proposed rule change, or institute 5 See letter from Michael Garawski, Associate to Funding Portal Rule 900(b) to require heightened proceedings to determine whether to General Counsel, Office of General Counsel, FINRA, supervision during the time an eligibility request is to Vanessa Countryman, Secretary, U.S. Securities pending. See Notice at note 61. and Exchange Commission, dated July 2, 2020 8 See FINRA Rules 9311(b) and 9312(b). In 1 15 U.S.C. 78s(b)(1). (‘‘FINRA Letter’’). The FINRA Letter is available at contrast, an appeal to the NAC or a call for NAC 2 17 CFR 240.19b–4. the Commission’s website at https://www.sec.gov/ review does not stay a decision, or that part of a 3 See Exchange Act Release No. 88600 (Apr. 8, comments/sr-finra-2020-011/srfinra2020011- decision, that imposes a permanent cease and desist 2020), 85 FR 20745 (Apr. 14, 2020) (File No. SR– 7399761-219028.pdf. order. See FINRA Rules 9311(b) and 9312(b). FINRA–2020–011) (‘‘Notice’’). 6 15 U.S.C. 78s(b)(2)(B). 9 See FINRA Rule 9370(a).

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43628 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

disciplined respondents during the Proposed Rule Change to the FINRA dealer is subject to the Taping Rule only pendency of an appeal from, or a NAC Rule 9520 Series (Eligibility in response to telephonic inquiry via the review of, a hearing panel or hearing Proceedings) BrokerCheck toll-free telephone 10 22 officer disciplinary decision. The FINRA Rule 9520 Series sets forth listing. Specifically, proposed FINRA According to FINRA, ‘‘authorizing rules governing eligibility proceedings, Rule 8312(b) would require FINRA to Hearing Officers to impose conditions or in which FINRA evaluates whether to release through BrokerCheck restrictions during the period an appeal allow a member, person associated with information as to whether a particular or review proceeding is pending would broker-dealer is subject to the Taping a member, potential member or 23 allow FINRA to target the demonstrated potential associated person subject to a Rule (a ‘‘taping firm’’). FINRA believes bad conduct of a respondent during the statutory disqualification to enter or that broadening the disclosure through BrokerCheck of the status of a broker- pendency of an appeal or review and remain in the securities industry.17 dealer as a taping firm would help add an interim layer of investor These eligibility proceedings require a inform more investors of the heightened protection while the appellate review of broker-dealer to propose a written plan procedures required of the broker- the disciplinary proceeding remains of heightened supervision of the 11 dealer, which may incentivize investors pending.’’ statutorily disqualified associated to research more carefully the person that would become effective Accordingly, FINRA proposed background of an associated person upon FINRA’s approval of the broker- amendments to its Rule 9200 Series and associated with the taping firm.24 Rule 9300 Series that would authorize dealer’s application to associate with hearing officers to impose conditions or the statutorily disqualified person.18 Proposed Rule Change to FINRA Rule restrictions on disciplined respondents The proposed rule change would 1000 Series (Member Application and and require broker-dealers to adopt amend FINRA Rule 9522 to require a Associated Person Registration) heightened supervision plans member broker-dealer that files an The FINRA Rule 1000 Series govern, concerning their associated persons who application to continue associating with among other things, FINRA’s are the disciplined respondents.12 The a disqualified person under FINRA Rule membership proceedings. Currently, a proposed rule change would require a 9522(a)(3) or Rule 9522(b)(1)(B) to member broker-dealer is permitted heightened supervision plan to be include an interim plan of heightened (subject to exceptions) to expand its reasonably designed and tailored to supervision that would be in effect business under the safe-harbor set forth include specific supervisory policies throughout the entirety of the in IM–1011–1 without the filing and and procedures that address the application review process.19 The prior approval of a continuing violations found and be reasonably proposed rule change would delineate membership application.25 For example, designed to prevent or detect a the circumstances under which a under the existing parameters of this reoccurrence of the violations.13 The statutorily disqualified person may safe harbor, a broker-dealer could hire proposed rule change would also remain associated with a member an associated person even if he or she establish a process for an expedited broker-dealer while FINRA is reviewing has a significant history of review by the Review Subcommittee of the application.20 misconduct.26 The proposed rule the NAC of any such conditions or Proposed Rule Change to FINRA Rule change would limit the application of 14 restrictions imposed. Specifically, 8312 (FINRA BrokerCheck Disclosure) the safe harbor by imposing additional proposed Rule 9285(a) would provide obligations on a member broker-dealer that the hearing officer who participated FINRA Rule 8312 governs the when a natural person who has, in the in an underlying disciplinary information FINRA releases to the prior five years, either one or more proceeding and found that a respondent public through its BrokerCheck system. ‘‘final criminal matters’’ or two or more violated a statute or rule provision Currently, FINRA Rule 8312(b) requires ‘‘specified risk events’’ seeks to become which is subsequently appealed to the that FINRA release information about, an owner, control person, principal or NAC or called for NAC review, may among other things, whether a registered person of the broker-dealer.27 impose conditions or restrictions on the particular member broker-dealer is Specifically, when a natural person activities of the respondent during the subject to the provisions of FINRA Rule seeking to become an owner, control appeal as the hearing officer considers 3170 (the ‘‘Taping Rule’’), but only in person, principal or registered person of reasonably necessary for the purpose of response to telephonic inquiries via the a member broker-dealer has, in the prior preventing customer harm.15 Under the BrokerCheck toll-free telephone 21 proposed rule change, the conditions or listing. The proposed rule change 22 See Notice at 20751. 23 restrictions imposed by a hearing officer would remove the requirement that See id. FINRA inform the public that a broker- 24 See id. would remain in place until FINRA’s 25 See Notice at 20752. final decision takes effect and all 26 See id. 16 from associating with any FINRA member. See appeals are exhausted. Notice at 20749. Currently, none of the safe harbor’s parameters 17 See Notice at 20750. relates to the history of a broker-dealer’s associated 10 persons. However, based on its review of studies See Notice at 20746. 18 See Notice at 20750. 11 indicating the predictability of future regulatory- See Notice at 20748. 19 See Notice at 20749. related events for associated persons with a history 12 See Notice at 20746. 20 See id. of past regulatory-related events, FINRA is 13 See Notice at 20748. 21 See FINRA Rule 8312(b). The Taping Rule is concerned about instances where a broker-dealer 14 See Notice at 20746. designed to help ensure that a broker-dealer with hires associated persons with a significant history 15 See Notice at 20747. Additionally, the Notice a significant number of registered persons that of misconduct within the safe-harbor parameters, sets forth in greater detail how this process would previously were employed by ‘‘disciplined firms’’ thus avoiding prior consultation or review by operate. has specified supervisory procedures in place to FINRA. FINRA believes there are instances in 16 See Notice at 20748. The proposed rule change prevent fraudulent and improper sales practices or which hiring of an associated person with a would also amend Rule 9556 to grant FINRA the customer harm. See Notice at 20751. Under the significant history of misconduct should be authority to bring an expedited proceeding against Taping Rule, a broker-dealer with a specified considered a material change in business a respondent that fails to comply with conditions percentage of registered persons who have been operations. See Notice at 20752. and restrictions imposed pursuant to proposed Rule associated with disciplined firms in a registered 27 See Notice at 20752. The proposed rule change 9285 that could result in a suspension or capacity in the last three years is designated as a would also adopt definitions of ‘‘final criminal cancellation of membership or suspension or bar ‘‘taping firm.’’ See FINRA Rule 3170. matter’’ and ‘‘specified risk event.’’

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43629

five years, one or more ‘‘final criminal proposed rule change as described IV. Proceedings To Determine Whether matters’’ or two or more ‘‘specified risk below. To Approve or Disapprove File No. SR– events,’’ proposed Rule 1017(a)(7) FINRA–2020–011 and Grounds for would require a member broker-dealer III. Description of Amendment No. 1 Disapproval Under Consideration to either: (1) File a continuing In the initial filing of the proposed The Commission is instituting membership application or (2) submit a rule change, proposed FINRA Rule proceedings pursuant to Section written request seeking a materiality 1011(h) defined the term ‘‘final criminal 19(b)(2)(B) of the Exchange Act to consultation for the contemplated matter’’ to mean ‘‘a final criminal matter determine whether the proposed rule activity with the MAP Group.28 If the that resulted in a conviction of, or guilty change should be approved or broker-dealer seeks a materiality 37 plea or nolo contendere (no contest) by, disapproved. Institution of consultation, the MAP Group would proceedings is appropriate at this time consider, among other things, whether a person that is disclosed, or was required to be disclosed, on the in view of the legal and policy issues the ‘‘final criminal matters’’ or raised by the proposed rule change. As applicable Uniform Registration ‘‘specified risk events’’ are customer- noted above, institution of proceedings Forms.’’ Proposed FINRA Rule 1011(p) related; whether they represent discrete does not indicate that the Commission actions or are based on the same defined the term ‘‘specified risk event’’ has reached any conclusions with underlying conduct; the anticipated to mean any one of several specified respect to any of the issues involved. activities of the person; the disciplinary events ‘‘that are disclosed, or are or Pursuant to Section 19(b)(2)(B) of the history, experience and background of were required to be disclosed, on an Exchange Act,38 the Commission is the proposed supervisor, if applicable; applicable Uniform Registration Form.’’ providing notice of the grounds for the disciplinary history, supervisory The ‘‘was required to be disclosed’’ disapproval under consideration. The practices, standards, systems and language in the proposed ‘‘final criminal Commission is instituting proceedings internal controls of the member firm matter’’ definition differs in substance to allow for additional analysis and and whether they are reasonably from the ‘‘are or were required to be input concerning whether the proposed designed to achieve compliance with disclosed’’ language in the proposed rule change, as modified by Amendment applicable securities laws and ‘‘specified risk event’’ definition.33 In No. 1, is consistent with the Exchange 29 regulations and FINRA rules. Where response to comments, FINRA agreed Act and the rules thereunder, in FINRA determines that a contemplated with some commenters that ‘‘this particular Section 15A(b)(6) of the change is material, FINRA would difference should be eliminated, and Exchange Act, which requires, among instruct the broker-dealer to file a that both definitions should include other things, that FINRA rules must be continuing membership application if it disclosures that are required if the designed to prevent fraudulent and intends to proceed with such change. member firm and person proceed with manipulative acts and practices, to Proposed Rule 1017(a)(7) would promote just and equitable principles of establish that the safe-harbor for the contemplated change, including disclosures that are required on Uniform trade, and, in general, to protect business expansions in IM–1011–1 investors and the public interest.39 would not be available to a member Registration Forms that have not yet Under the Commission’s Rules of broker-dealer when a materiality been executed.’’ Thus, FINRA amended Practice, the ‘‘burden to demonstrate consultation is required.30 proposed FINRA Rule 1011(h) to that a proposed rule change is Additionally, the proposed rule include in the definition of ‘‘final consistent with the [Exchange Act] and change would adopt a corresponding criminal matter’’ a relevant criminal the rules and regulations issued change to IM–1011–3 (Business event that ‘‘is or was’’ required to be thereunder . . . is on the [SRO] that Expansions and Persons with Specified disclosed on a Uniform Registration proposed the rule change.’’ 40 The Risk Events) to specify that the safe- Form, and to make some grammar- and description of a proposed rule change, harbor for business expansions in IM– syntax-related modifications.34 its purpose and operation, its effect, and 1011–1 would not be available to any Also in response to comments, FINRA a legal analysis of its consistency with broker-dealer seeking to add a natural amended proposed FINRA Rule applicable requirements must all be person who: (i) Has, in the prior five 1017(a)(7) to define ‘‘owner’’ and sufficiently detailed and specific to years, one or more ‘‘final criminal ‘‘control person’’ for purposes of that support an affirmative Commission matters’’ or two or more ‘‘specified risk finding,41 and any failure of an SRO to events’’ and (ii) seeks to become an proposed rule (and, by extension, IM– 35 provide this information may result in owner, control person, principal or 1011–3). Specifically, Amendment No. 1 would modify proposed FINRA the Commission not having a sufficient registered person of the member.31 In basis to make an affirmative finding that Rule 1017(a)(7) to provide that, ‘‘for those circumstances, proposed IM– a proposed rule change is consistent purposes of FINRA Rule 1017(a)(7): (i) 1011–3 would provide that if the broker- with the Exchange Act and the dealer is not otherwise required to file the term ‘owner’ has the same meaning applicable rules and regulations.42 For a continuing membership application, it as ‘direct owner’ on Form BD Schedule the reasons discussed above, the must comply with the requirements of A and ‘indirect owner’ on Form BD Commission believes it is appropriate to proposed FINRA Rule 1017(a)(7).32 Schedule B; and (ii) that ‘control person’ institute proceedings pursuant to The Commission has received five means a person who would have Section 19(b)(2)(B) of the Exchange Act comment letters on the proposed rule ‘control’ as defined on Form BD.’’ 36 to allow for additional consideration of change. In response to comments, the issues raised by the proposed rule FINRA submitted the FINRA Letter and 33 See id. Amendment No. 1, amending the 34 See id. 37 15 U.S.C. 78s(b)(2)(B). 35 See id. 38 See id. 28 See Notice at 20752 and 20753. 36 See id. (stating that ‘‘[d]efining ‘control person’ 39 15 U.S.C. 78o–3(b)(6). 29 See Notice at 20753. by reference to the Form BD definition of ‘control’ 40 Rule 700(b)(3), Commission Rules of Practice, 30 See id. means that the term would not be defined with 17 CFR 201.700(b)(3). 31 See id. reference to the term ‘controlling’ as defined in the 41 See id. 32 See id. FINRA By-Laws, Art. I(h).’’) 42 See id.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43630 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

change, as modified by Amendment No. if email is used. To help the Notice is hereby given that pursuant 1, as it determines whether the Commission process and review your to the Paperwork Reduction Act of 1995 proposed rule change should be comments more efficiently, please use (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the approved or disapproved.43 only one method. The Commission will Securities and Exchange Commission post all comments on the Commission’s (‘‘Commission’’) is soliciting comments V. Request for Written Comments internet website (http://www.sec.gov/ on the existing collection of information The Commission requests that rules/sro.shtml). Copies of the provided for in Rule 17a–10, Report of interested persons provide written submission, all subsequent Revenue and Expenses (17 CFR submissions of their views, data, and amendments, all written statements 240.17a–10), under the Securities arguments with respect to the issues with respect to the proposed rule Exchange Act of 1934 (15 U.S.C. 78a et identified above, as well as any other change, as modified by Amendment No. seq.) (‘‘Exchange Act’’). The concerns they may have with the 1, that are filed with the Commission, Commission plans to submit this proposed rule change, as modified by and all written communications relating existing collection of information to the Amendment No. 1. In particular, the to the proposed rule change, as Office of Management and Budget Commission invites the written views of modified by Amendment No. 1, between (‘‘OMB’’) for extension and approval. interested persons concerning whether the Commission and any person, other The primary purpose of Rule 17a–10 the proposed rule change, as modified than those that may be withheld from is to obtain the economic and statistical by Amendment No. 1, is consistent with the public in accordance with the data necessary for an ongoing analysis Section 15A(b)(6) of the Exchange Act, provisions of 5 U.S.C. 552, will be of the securities industry. Paragraph or any other provision of the Exchange available for website viewing and (a)(1) of Rule 17a–10 generally requires Act, rules, and regulations thereunder. printing in the Commission’s Public broker-dealers that are exempted from Although there do not appear to be any Reference Room, 100 F Street NE, the requirement to file monthly and issues relevant to approval or Washington, DC 20549, on official quarterly reports pursuant to paragraph disapproval that would be facilitated by business days between the hours of (a) of Exchange Act Rule 17a–5 (17 CFR an oral presentation of views, data, and 10:00 a.m. and 3:00 p.m. Copies of such 240.17a–5) to file with the Commission arguments, the Commission will filing also will be available for the Facing Page, a Statement of Income consider, pursuant to Rule 19b–4, any inspection and copying at the principal (Loss), and balance sheet from Part IIA 1 request for an opportunity to make an office of FINRA. All comments received of Form X–17A–5 (17 CFR 249.617), oral presentation.44 will be posted without change. Persons and Schedule I of Form X–17A–5 not Interested persons are invited to submitting comments are cautioned that later than 17 business days after the end submit written data, views, and we do not redact or edit personal of each calendar year. arguments regarding whether the identifying information from comment Paragraph (a)(2) of Rule 17a–10 requires a broker-dealer subject to Rule proposed rule change, as modified by submissions. You should submit only 17a–5(a) to submit Schedule I of Form Amendment No. 1, should be approved information that you wish to make X–17A–5 with its Form X–17A–5 for the or disapproved by August 3, 2020. Any available publicly. All submissions calendar quarter ending December 31 of person who wishes to file a rebuttal to should refer to File No. SR–FINRA– each year. The burden associated with any other person’s submission must file 2020–011 and should be submitted on filing Schedule I of Form X–17A–5 is that rebuttal by August 7, 2020. or before August 3, 2020. Rebuttal accounted for in the PRA filing Comments may be submitted by any comments should be submitted by of the following methods: associated with Rule 17a–5. August 7, 2020. Paragraph (b) of Rule 17a–10 provides Electronic Comments For the Commission, by the Division of that the provisions of paragraph (a) do • Use the Commission’s internet Trading and Markets, pursuant to delegated not apply to members of national authority.45 comment form (http://www.sec.gov/ securities exchanges or registered rules/sro.shtml); or J. Matthew DeLesDernier, national securities associations that • Send an email to rule-comments@ Assistant Secretary. maintain records containing the sec.gov. Please include File No. SR– [FR Doc. 2020–15450 Filed 7–16–20; 8:45 am] information required by Form X–17A–5 FINRA–2020–011 on the subject line. BILLING CODE 8011–01–P and which transmit to the Commission copies of the records pursuant to a plan Paper Comments which has been declared effective by the • Send paper comments in triplicate SECURITIES AND EXCHANGE Commission. to Secretary, Securities and Exchange COMMISSION The Commission staff estimates that Commission, 100 F Street NE, approximately 46 broker-dealers will Washington, DC 20549–1090. [SEC File No. 270–154, OMB Control No. spend an average of 12 hours per year All submissions should refer to File No. 3235–0122] complying with Rule 17a–10. Thus, the SR–FINRA–2020–011. This file number total compliance burden is estimated to should be included on the subject line Proposed Collection; Comment be approximately 552 hours per year. Request Written comments are invited on: (a) Whether the proposed collection of 43 15 U.S.C. 78s(b)(2)(B). 44 Section 19(b)(2) of the Exchange Act, as Upon Written Request, Copies Available information is necessary for the proper amended by the Securities Acts Amendments of From: Securities and Exchange performance of the functions of the 1975, Public Law 94–29, 89 Stat. 97 (1975), grants Commission, Office of FOIA Services, Commission, including whether the the Commission flexibility to determine what type 100 F Street NE, Washington, DC information shall have practical utility; of proceeding—either oral or notice and opportunity for written comments—is appropriate 20549–2736 (b) the accuracy of the Commission’s for consideration of a particular proposed rule Extension: 1 change by a self-regulatory organization. See Rule 17a–10 Form X–17A–5 is the Financial and Operational Securities Acts Amendments of 1975, Report of the Combined Uniform Single Report (‘‘FOCUS Senate Committee on Banking, Housing and Urban Report’’), which is used by broker-dealers to Affairs to Accompany S. 249, S. Rep. No. 75, 94th 45 17 CFR 200.30–3(a)(12); 17 CFR 200.30– provide certain required information to the Cong., 1st Sess. 30 (1975). 3(a)(57). Commission.

VerDate Sep<11>2014 19:23 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43631

estimates of the burden of the proposed (the ‘‘Fee Schedule’’) to make minor, proposes to delete references in the Fee collection of information; (c) ways to non-substantive edits and clarifying Schedule to the ‘‘Penny Pilot’’ and enhance the quality, utility, and clarity changes. replace those references throughout the of the information collected; and (d) The text of the proposed rule change Fee Schedule with ‘‘Penny Program.’’ ways to minimize the burden of the is available on the Exchange’s website at The Penny Program is set to become collection of information on http://www.miaxoptions.com/rule- operative on July 1, 2020. The proposed respondents, including through the use filings/emerald, at MIAX’s principal changes would be to references to of automated collection techniques or office, and at the Commission’s Public ‘‘Penny Pilot’’ in Section 1)b) of the Fee other forms of information technology. Reference Room. Schedule. The Exchange does not Consideration will be given to II. Self-Regulatory Organization’s propose to amend or change any of its comments and suggestions submitted in Statement of the Purpose of, and fees. The purpose of these changes is to writing within 60 days of this Statutory Basis for, the Proposed Rule provide uniformity between the publication. Change Exchange’s rules and the Fee Schedule. An agency may not conduct or The proposed changes to the Fee In its filing with the Commission, the sponsor, and a person is not required to Schedule would become operative on Exchange included statements respond to, a collection of information July 1, 2020, upon the expiration of the under the PRA unless it displays a concerning the purpose of and basis for the proposed rule change and discussed Penny Pilot, in accordance with the currently valid OMB control number. Penny Program becoming operational. Please direct your written comments any comments it received on the to: David Bottom, Director/Chief proposed rule change. The text of these 2. Statutory Basis statements may be examined at the Information Officer, Securities and The Exchange believes the proposed Exchange Commission, c/o Cynthia places specified in Item IV below. The Exchange has prepared summaries, set rule change is consistent with the Act Roscoe, 100 F Street NE, Washington, and the rules and regulations _ forth in sections A, B, and C below, of DC 20549, or send an email to: PRA thereunder applicable to the Exchange [email protected]. the most significant aspects of such statements. and, in particular, the requirements of Dated: July 13, 2020. Section 6(b) of the Act.4 Specifically, J. Matthew DeLesDernier, A. Self-Regulatory Organization’s the Exchange believes the proposed rule Assistant Secretary. Statement of the Purpose of, and change is consistent with the Section Statutory Basis for, the Proposed Rule 6(b)(5) 5 requirements that the rules of [FR Doc. 2020–15434 Filed 7–16–20; 8:45 am] Change an exchange be designed to prevent BILLING CODE 8011–01–P 1. Purpose fraudulent and manipulative acts and practices, to promote just and equitable The Exchange proposes to amend the principles of trade, to foster cooperation SECURITIES AND EXCHANGE Fee Schedule to make minor, non- and coordination with persons engaged COMMISSION substantive edits and clarifying changes in regulating, clearing, settling, to delete references in the Fee Schedule [[Release No. 34–89301; File No. SR– processing information with respect to, to the ‘‘Penny Pilot’’ and replace those EMERALD–2020–06] and facilitating transactions in references throughout the Fee Schedule securities, to remove impediments to Self-Regulatory Organizations; MIAX with ‘‘Penny Program.’’ On May 29, 2020, the Exchange filed and perfect the mechanism of a free and Emerald, LLC; Notice of Filing and open market and a national market Immediate Effectiveness of a Proposed a proposal to, among other things, conform its rules to Section 3.1 of the system, and, in general, to protect Rule Change To Amend Its Fee investors and the public interest. Schedule Plan for the Purpose of Developing and Implementing Procedures Designed to Additionally, the Exchange believes the July 13, 2020 proposed rule change is consistent with Facilitate the Listing and Trading of 6 Pursuant to the provisions of Section Standardized Options (the ‘‘OLPP’’).3 the Section 6(b)(5) requirement that 19(b)(1) of the Securities Exchange Act With that filing, the Exchange, along the rules of an exchange not be designed of 1934 (‘‘Act’’) 1 and Rule 19b–4 with all other options exchanges, to permit unfair discrimination between thereunder,2 notice is hereby given that adopted rule text to codify the OLPP customers, issuers, brokers, or dealers. on June 30, 2020, MIAX Emerald, LLC Program in new Exchange Rule 510(b) The Exchange believes the proposed (‘‘MIAX Emerald’’ or ‘‘Exchange’’), filed (Requirements for Penny Interval changes promote just and equitable with the Securities and Exchange Program) (the ‘‘Penny Program’’), which principles of trade and remove Commission (‘‘Commission’’) a replaced the Penny Pilot and impediments to and perfect the proposed rule change as described in permanently permits the Exchange to mechanism of a free and open market Items I, II, and III below, which Items quote certain option classes in and a national market system because have been prepared by the Exchange. minimum increments of one cent the proposed changes make clarifying, The Commission is publishing this ($0.01) and five cents ($0.05). non-substantive edits to the Fee notice to solicit comments on the Accordingly, the Exchange now Schedule, and conform the Fee proposed rule change from interested Schedule to the Exchange’s rulebook. persons. 3 See Securities Exchange Act Release Nos. 88993 The Exchange believes that these (June 2, 2020), 85 FR 35145 (June 8, 2020) (SR– proposed changes will provide greater I. Self-Regulatory Organization’s EMERALD–2020–05) (Notice of Filing and clarity to Members and the public Statement of the Terms of Substance of Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 404, Series of Option regarding the Exchange’s Fee Schedule the Proposed Rule Change Contracts Open for Trading, Exchange Rule 510, and that it is in the public interest for The Exchange is filing a proposal to Minimum Price Variations and Minimum Trading the Fee Schedule to be accurate and amend the MIAX Emerald Fee Schedule Increments, and Exchange Rule 516, Order Types Defined, To Conform the Rules to Section 3.1 of the Plan for the Purpose of Developing and 4 15 U.S.C. 78f(b). 1 15 U.S.C. 78s(b)(1). Implementing Procedures Designed To Facilitate 5 15 U.S.C. 78f(b)(5). 2 17 CFR 240.19b–4. the Listing and Trading of Standardized Options). 6 Id.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43632 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

concise so as to eliminate the potential Electronic Comments SECURITIES AND EXCHANGE for confusion. COMMISSION • Use the Commission’s internet B. Self-Regulatory Organization’s comment form (http://www.sec.gov/ Statement on Burden on Competition rules/sro.shtml); or [Release No. 34–89303; File No. SR–MIAX– 2020–21] • The Exchange does not believe that Send an email to rule-comments@ the proposed rule change will result in sec.gov. Please include File Number SR– Self-Regulatory Organizations; Miami any burden on competition that is not EMERALD–2020–06 on the subject line. International Securities Exchange LLC; necessary or appropriate in furtherance Paper Comments Notice of Filing and Immediate of the purposes of the Act. The Effectiveness of a Proposed Rule proposed rule change is not a • Send paper comments in triplicate Change To Amend Fee Schedule competitive filing but rather is designed to Secretary, Securities and Exchange July 13, 2020. to remedy minor non-substantive issues Commission, 100 F Street NE, and provide added clarity to the Fee Washington, DC 20549–1090. Pursuant to the provisions of Section Schedule in order to avoid potential 19(b)(1) of the Securities Exchange Act All submissions should refer to File confusion on the part of market of 1934 (‘‘Act’’) 1 and Rule 19b–4 Number SR–EMERALD–2020–06. This 2 participants. In addition, the Exchange file number should be included on the thereunder, notice is hereby given that does not believe the proposal will subject line if email is used. To help the on June 30, 2020, Miami International impose any burden on inter-market Commission process and review your Securities Exchange LLC (‘‘MIAX competition as the proposal does not comments more efficiently, please use Options’’ or ‘‘Exchange’’) filed with the address any competitive issues and is only one method. The Commission will Securities and Exchange Commission intended to protect investors by post all comments on the Commission’s (‘‘Commission’’) a proposed rule change providing further transparency internet website (http://www.sec.gov/ as described in Items I, II, and III below, regarding the Exchange’s Fee Schedule. rules/sro.shtml). Copies of the which Items have been prepared by the Exchange. The Commission is C. Self-Regulatory Organization’s submission, all subsequent publishing this notice to solicit Statement on Comments on the amendments, all written statements comments on the proposed rule change Proposed Rule Change Received From with respect to the proposed rule from interested persons. Members, Participants, or Others change that are filed with the Commission, and all written I. Self-Regulatory Organization’s Written comments were neither communications relating to the Statement of the Terms of Substance of solicited nor received. proposed rule change between the the Proposed Rule Change Commission and any person, other than III. Date of Effectiveness of the those that may be withheld from the The Exchange is filing a proposal to Proposed Rule Change and Timing for public in accordance with the Commission Action amend the MIAX Options Fee Schedule provisions of 5 U.S.C. 552, will be (the ‘‘Fee Schedule’’) to make minor, The foregoing rule change has become available for website viewing and non-substantive edits and clarifying effective pursuant to Section printing in the Commission’s Public changes. 19(b)(3)(A)(ii) of the Act,7 and Rule Reference Room, 100 F Street NE, Washington, DC 20549, on official The text of the proposed rule change 19b–4(f)(2) 8 thereunder. At any time is available on the Exchange’s website at within 60 days of the filing of the business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the http://www.miaxoptions.com/rule- proposed rule change, the Commission filings, at MIAX’s principal office, and summarily may temporarily suspend filing also will be available for inspection and copying at the principal at the Commission’s Public Reference such rule change if it appears to the office of the Exchange. All comments Room. Commission that such action is received will be posted without change. necessary or appropriate in the public II. Self-Regulatory Organization’s Persons submitting comments are interest, for the protection of investors, Statement of the Purpose of, and cautioned that we do not redact or edit or otherwise in furtherance of the Statutory Basis for, the Proposed Rule personal identifying information from purposes of the Act. If the Commission Change comment submissions. You should takes such action, the Commission shall submit only information that you wish In its filing with the Commission, the institute proceedings to determine to make available publicly. All Exchange included statements whether the proposed rule should be submissions should refer to File approved or disapproved. concerning the purpose of and basis for Number SR–EMERALD–2020–06 and the proposed rule change and discussed IV. Solicitation of Comments should be submitted on or before any comments it received on the August 7, 2020. proposed rule change. The text of these Interested persons are invited to For the Commission, by the Division of statements may be examined at the submit written data, views, and Trading and Markets, pursuant to delegated places specified in Item IV below. The arguments concerning the foregoing, authority.9 Exchange has prepared summaries, set including whether the proposed rule J. Matthew DeLesDernier, forth in sections A, B, and C below, of change is consistent with the Act. Assistant Secretary. the most significant aspects of such Comments may be submitted by any of statements. the following methods: [FR Doc. 2020–15449 Filed 7–16–20; 8:45 am] BILLING CODE P 7 15 U.S.C. 78s(b)(3)(A)(ii). 1 15 U.S.C. 78s(b)(1). 8 17 CFR 240.19b–4(f)(2). 9 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43633

A. Self-Regulatory Organization’s Section 6(b) of the Act.4 Specifically, C. Self-Regulatory Organization’s Statement of the Purpose of, and the Exchange believes the proposed rule Statement on Comments on the Statutory Basis for, the Proposed Rule change is consistent with the Section Proposed Rule Change Received From Change 6(b)(5) 5 requirements that the rules of Members, Participants, or Others 1. Purpose an exchange be designed to prevent Written comments were neither fraudulent and manipulative acts and solicited nor received. The Exchange proposes to amend the practices, to promote just and equitable Fee Schedule to make minor, non- principles of trade, to foster cooperation III. Date of Effectiveness of the substantive edits and clarifying changes and coordination with persons engaged Proposed Rule Change and Timing for to delete references in the Fee Schedule in regulating, clearing, settling, Commission Action to the ‘‘Penny Pilot’’ and replace those processing information with respect to, The foregoing rule change has become references throughout the Fee Schedule and facilitating transactions in effective pursuant to Section with ‘‘Penny Program.’’ securities, to remove impediments to 19(b)(3)(A)(ii) of the Act,7 and Rule On May 29, 2020, the Exchange filed 8 and perfect the mechanism of a free and 19b–4(f)(2) thereunder. At any time a proposal to, among other things, open market and a national market within 60 days of the filing of the conform its rules to Section 3.1 of the system, and, in general, to protect proposed rule change, the Commission Plan for the Purpose of Developing and investors and the public interest. summarily may temporarily suspend Implementing Procedures Designed to Additionally, the Exchange believes the such rule change if it appears to the Facilitate the Listing and Trading of Commission that such action is 3 proposed rule change is consistent with Standardized Options (the ‘‘OLPP’’). 6 necessary or appropriate in the public With that filing, the Exchange, along the Section 6(b)(5) requirement that the rules of an exchange not be designed interest, for the protection of investors, with all other options exchanges, or otherwise in furtherance of the adopted rule text to codify the OLPP to permit unfair discrimination between customers, issuers, brokers, or dealers. purposes of the Act. If the Commission Program in new Exchange Rule 510(c) takes such action, the Commission shall (Requirements for Penny Interval The Exchange believes the proposed institute proceedings to determine Program) (the ‘‘Penny Program’’), which changes promote just and equitable whether the proposed rule should be replaced the Penny Pilot and principles of trade and remove approved or disapproved. permanently permits the Exchange to impediments to and perfect the quote certain option classes in mechanism of a free and open market IV. Solicitation of Comments minimum increments of one cent and a national market system because Interested persons are invited to ($0.01) and five cents ($0.05). the proposed changes make clarifying, submit written data, views, and Accordingly, the Exchange now non-substantive edits to the Fee arguments concerning the foregoing, proposes to delete references in the Fee Schedule, and conform the Fee including whether the proposed rule Schedule to the ‘‘Penny Pilot’’ and Schedule to the Exchange’s rulebook. change is consistent with the Act. replace those references throughout the The Exchange believes that these Comments may be submitted by any of Fee Schedule with ‘‘Penny Program.’’ proposed changes will provide greater the following methods: The Penny Program is set to become clarity to Members and the public Electronic Comments operative on July 1, 2020. The proposed regarding the Exchange’s Fee Schedule • changes would be to references to and that it is in the public interest for Use the Commission’s internet ‘‘Penny Pilot’’ in Sections 1)a)v), 1)b), the Fee Schedule to be accurate and comment form (http://www.sec.gov/ and 1)c) of the Fee Schedule. The rules/sro.shtml); or concise so as to eliminate the potential • Exchange does not proposes to amend for confusion. Send an email to rule-comments@ or change any of its fees. The purpose sec.gov. Please include File Number SR– of these changes is to provide B. Self-Regulatory Organization’s MIAX–2020–21 on the subject line. Statement on Burden on Competition uniformity between the Exchange’s Paper Comments rules and the Fee Schedule. The Exchange does not believe that • The proposed changes to the Fee Send paper comments in triplicate the proposed rule change will result in Schedule would become operative on to Secretary, Securities and Exchange any burden on competition that is not July 1, 2020, upon the expiration of the Commission, 100 F Street NE, necessary or appropriate in furtherance Penny Pilot, in accordance with the Washington, DC 20549–1090. of the purposes of the Act. The Penny Program becoming operational. All submissions should refer to File proposed rule change is not a Number SR–MIAX–2020–21. This file 2. Statutory Basis competitive filing but rather is designed number should be included on the The Exchange believes the proposed to remedy minor non-substantive issues subject line if email is used. To help the rule change is consistent with the Act and provide added clarity to the Fee Commission process and review your and the rules and regulations Schedule in order to avoid potential comments more efficiently, please use thereunder applicable to the Exchange confusion on the part of market only one method. The Commission will and, in particular, the requirements of participants. In addition, the Exchange post all comments on the Commission’s does not believe the proposal will internet website (http://www.sec.gov/ 3 See Securities Exchange Act Release Nos. 88988 impose any burden on inter-market rules/sro.shtml). Copies of the (June 2, 2020), 85 FR 34793 (June 8, 2020) (SR– competition as the proposal does not submission, all subsequent MIAX–2020–13) (Notice of Filing and Immediate address any competitive issues and is amendments, all written statements Effectiveness of a Proposed Rule Change To Amend Exchange Rule 404, Series of Option Contracts intended to protect investors by with respect to the proposed rule Open for Trading, Exchange Rule 510, Minimum providing further transparency change that are filed with the Price Variations and Minimum Trading Increments, regarding the Exchange’s Fee Schedule. Commission, and all written and Exchange Rule 516, Order Types Defined, To communications relating to the Conform the Rules to Section 3.1 of the Plan for the Purpose of Developing and Implementing 4 15 U.S.C. 78f(b). Procedures Designed To Facilitate the Listing and 5 15 U.S.C. 78f(b)(5). 7 15 U.S.C. 78s(b)(3)(A)(ii). Trading of Standardized Options). 6 Id. 8 17 CFR 240.19b–4(f)(2).

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43634 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

proposed rule change between the require that recipients of Federal supply no effect on the requirements in 13 CFR Commission and any person, other than contracts issued as a small business set- 121.406(b)(1)(i) to (iii) and on those that may be withheld from the aside (except as stated below), service- requirements external to the Small public in accordance with the disabled veteran-owned small business Business Act which involve domestic provisions of 5 U.S.C. 552, will be (SDVO SB) set-aside or sole source sources of supply, such as the Buy available for website viewing and contract, Historically Underutilized American Act or the Trade Agreements printing in the Commission’s Public Business Zone (HUBZone) set-aside or Act. Reference Room, 100 F Street NE, sole source contract, WOSB (women- More information on the NMR and Washington, DC 20549 on official owned small business) or economically Class Waivers can be found at https:// business days between the hours of disadvantaged women-owned small www.sba.gov/contracting/contracting- 10:00 a.m. and 3:00 p.m. Copies of the business (EDWOSB) set-aside or sole officials/non-manufacturer-rule/non- filing also will be available for source contract, 8(a) set-aside or sole manufacturer-waivers. inspection and copying at the principal source contract, partial set-aside, or set office of the Exchange. All comments aside of an order against a multiple David Wm. Loines, received will be posted without change. award contract provide the product of a Director, Office of Government Contracting. Persons submitting comments are small business manufacturer or [FR Doc. 2020–15535 Filed 7–16–20; 8:45 am] cautioned that we do not redact or edit processor if the recipient is other than BILLING CODE P personal identifying information from the actual manufacturer or processor of comment submissions. You should the product. This requirement is submit only information that you wish commonly referred to as the DEPARTMENT OF STATE to make available publicly. All Nonmanufacturer Rule (NMR). 13 CFR submissions should refer to File 121.406(b). Note that the NMR does not [Public Notice: 11156] Number SR–MIAX–2020–21, and apply to small business set-aside acquisitions with an estimated value should be submitted on or before 60-Day Notice of Proposed Information between the micro-purchase threshold August 7, 2020. Collection: PEPFAR Program and the simplified acquisition For the Commission, by the Division of Expenditures Trading and Markets, pursuant to delegated threshold. Sections 8(a)(17)(B)(iv)(II) authority.9 and 46(a)(4)(B) of the Act authorize SBA ACTION: Notice of request for public J. Matthew DeLesDernier, to waive the NMR for a ‘‘class of comment. products’’ for which there are no small Assistant Secretary. business manufacturers or processors SUMMARY: The Department of State is [FR Doc. 2020–15448 Filed 7–16–20; 8:45 am] available to participate in the Federal seeking Office of Management and BILLING CODE 8011–01–P market. Budget (OMB) approval for the The SBA defines ‘‘class of products’’ information collection described below. based on a combination of (1) the six- In accordance with the Paperwork SMALL BUSINESS ADMINISTRATION digit NAICS code, (2) the four-digit PSC, Reduction Act of 1995, we are [Docket No. SBA–2020–0014] and (3) a description of the class of requesting comments on this collection products. As implemented in SBA’s from all interested individuals and Class Waiver of the Nonmanufacturer regulations at 13 CFR 121.1202(c), in organizations. The purpose of this Rule order to be considered available to notice is to allow 60 days for public participate in the Federal market for a AGENCY: U.S. Small Business comment preceding submission of the class of products, a small business collection to OMB. Administration. manufacturer must have submitted a DATES: The Department will accept ACTION: Notification of waiver of the proposal for a contract solicitation or comments from the public up to Nonmanufacturer Rule for diabetic test been awarded a contract to supply the September 15, 2020. strips. class of products within the last 24 months. ADDRESSES: You may submit comments SUMMARY: The U.S. Small Business SBA received a request to waive the by any of the following methods: Administration (SBA) is granting a class NMR for diabetic testing strips under • Web: Persons with access to the waiver of the Nonmanufacturer Rule NAICS code 325413 and PSC 6515. internet may comment on this notice by (NMR) for diabetic test strips under According to that request, submitted going to www.Regulations.gov. You can North American Industry Classification with supporting information, there are search for the document by entering System (NAICS) code 325413 and no small business manufacturers of ‘‘Docket Number: DOS–2020–0032’’ in Product Service Code (PSC) 6515. This these items in the Federal market. the Search field. Then click the U.S. industry comprises establishments On April 20, 2020 (85 FR 08304), the ‘‘Comment Now’’ button and complete primarily engaged in manufacturing SBA issued a Notice of Intent to grant the comment form. diabetic test strips. a class waiver for diabetic test strips. • Email: SGAC_FinancialOps@ DATES: This action is effective August SBA received no comments in response state.gov. 17, 2020. to the Notice. Therefore, in the absence • Regular Mail: Send written FOR FURTHER INFORMATION CONTACT: of a small business manufacturer of comments to: Office of the US Global Carol J. Hulme, Attorney Advisor, by diabetic test strips, this class waiver is AIDS Coordinator and Health telephone at (202) 205–6347 or by email necessary to allow otherwise qualified Diplomacy (S/GAC), U.S. Department of at [email protected]. regular dealers to supply the product of State, SA–22, 1800 G Street NW, Suite SUPPLEMENTARY INFORMATION: Section any manufacturer on a Federal contract 10300, Washington, DC 20006. 8(a)(17) and 46 of the Small Business or order set aside for small business, • Fax: 202–663–2979. Act (Act), 15 U.S.C. 637(a)(17) and 657s, SDVOSB, WOSB, EDWOSB, HUBZone You must include the DS form and SBA’s implementing regulations or participants in the SBA’s 8(a) number (if applicable), information Business Development Program. SBA’s collection title, and the OMB control 9 17 CFR 200.30–3(a)(12). waiver of the nonmanufacturer rule has number in any correspondence.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43635

FOR FURTHER INFORMATION CONTACT: AIDS, Tuberculosis, and Malaria available in a central system for Direct requests for additional Reauthorization Act (Pub. L. 110–293) analysis. information regarding the collection (HIV/AIDS Leadership Act), as amended Brendan Garvin, listed in this notice, including requests by the PEPFAR Stewardship and Director of Management and Budget. for copies of the proposed collection Oversight Act (Pub. L. 113–56), and as [FR Doc. 2020–15425 Filed 7–16–20; 8:45 am] instrument and supporting documents, amended and reauthorized for a third to Irum Zaidi, 1800 G St. NW, Suite time by the PEPFAR Extension Act BILLING CODE 4710–05–P 10300, SA–22, Washington DC 20006, (Pub. L. 115–305) to support the global who may be reached on 202–663–2588 response to HIV/AIDS. In order to SUSQUEHANNA RIVER BASIN or at [email protected]. improve program monitoring, PEPFAR COMMISSION SUPPLEMENTARY INFORMATION: added reporting of expenditures by • Title of Information Collection: program area to the current routine Projects Approved for Minor PEPFAR Program Expenditures. reporting of program results for the • OMB Control Number: 1405–0208. Modifications annual report. Data are collected from • Type of Request: Revision to a implementing partners in countries with AGENCY: Susquehanna River Basin Currently Approved Collection. Commission. • PEPFAR programs using a standard tool Originating Office: Office of the ACTION: Notice. U.S. Global AIDS Coordinator and (DS–4213) via an electronic web-based Health Diplomacy (S/GAC). interface into which users upload data. SUMMARY: This notice lists the minor • Form Number: DS–4213. These expenditures are analyzed by modifications approved for a previously • Respondents: Recipients of U.S. partner for all PEPFAR program areas. approved project by the Susquehanna government funds appropriated to carry These analyses then feed into partner River Basin Commission during the out the President’s Emergency Plan for and program reviews at the country period set forth in DATES. AIDS Relief (PEPFAR). level for monitoring and evaluation on DATES: June 1–30, 2020. • Estimated Number of Respondents: an ongoing basis. Summaries of these ADDRESSES: Susquehanna River Basin 4,045. data provide key information about Commission, 4423 North Front Street, • Estimated Number of Responses: program costs under PEPFAR on a Harrisburg, PA 17110–1788. 4,045. global level. Applying expenditure • Average Time per Response: 16 FOR FURTHER INFORMATION CONTACT: results will improve strategic budgeting, Jason E. Oyler, General Counsel, hours. identification of efficient means of • Total Estimated Burden Time: telephone: (717) 238–0423, ext. 1312; delivering services, and accuracy in 64,720 hours. fax: (717) 238–2436; email: joyler@ • Frequency: Annually. defining program targets; and will srbc.net. Regular mail inquiries may be • Obligation to Respond: Mandatory. inform allocation of resources to ensure sent to the above address. We are soliciting public comments to the program is accountable and using SUPPLEMENTARY INFORMATION: This permit the Department to: public funds for maximum impact. notice lists previously approved • Evaluate whether the proposed Methodology projects, receiving approval of minor information collection is necessary for modifications, described below, the proper functions of the Department. Data will continue to be collected in pursuant to 18 CFR 806.18 or to • Evaluate the accuracy of our a web-based interface available to all Commission Resolution Nos. 2013–11 estimate of the time and cost burden for partners receiving funds under PEPFAR. and 2015–06 for the time period this proposed collection, including the After implementing Expenditure specified above: validity of the methodology and Reporting since 2012, we learned that Minor Modifications Issued Under 18 assumptions used. implementing partners (IPs) prefer the • Enhance the quality, utility, and CFR 806.18 Microsoft Excel template based data clarity of the information to be 1. Silver Springs Ranch, LLC, Docket collection process. The requirements in collected. No. 20200313, Monroe Township, • Minimize the reporting burden on the Excel template have been reduced Wyoming County, Pa.; approval those who are to respond, including the with IP input to only request critical authorizing the additional water use use of automated collection techniques information. By being able to download purposes of bulk water supply for filling or other forms of information a template, prime IPs responsible to swimming pools and for other public technology. complete the submission are more water suppliers, as needed; Approval Please note that comments submitted effectively able to collaborate quickly Date: June 12, 2020. in response to this Notice are public with other key personnel and coordinate In addition, on March 13, 2020, the record. Before including any detailed with their subrecipients to enter the Susquehanna River Basin Commission personal information, you should be data for the full amount of PEPFAR adopted Resolution No. 2020–02 aware that your comments as submitted, funding expended during the prior (Resolution) and companion Policy No. including your personal information, fiscal year. This approach also proves 2020–01 (Policy), which clarified the will be available for public review. helpful where internet connectivity is interpretation of consumptive use mitigation rules as applied to certain Abstract of Proposed Collection not strong. After completing the Excel template, IPs upload the data to an water impoundment evaporation The U.S. President’s Emergency Plan automated system that further checks (ponds, tanks, etc.). for AIDS Relief (PEPFAR) was the data entered for quality and Notice is hereby given that pursuant established through enactment of the completeness. Automated checks reduce to, and consistent with, the Resolution United States Leadership Against HIV/ the time needed by IPs to complete the and Policy, the Executive Director AIDS, Tuberculosis, and Malaria Act modified the following approvals to data cleaning process. Aggregate data is (Pub. L. 108–25), as amended by the clarify that the evaporative losses from Tom Lantos and Henry J. Hyde United certain structures are not subject to States Global Leadership Against HIV/ consumptive use mitigation. A total of

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43636 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

111 dockets were modified pursuant to inspect and copy in accordance with the withdrawal of up to 0.252 mgd (30-day the Resolution. A list of those Commission’s Access to Records Policy average) from Well 3. modifications can be found at https:// at www.srbc.net/regulatory/policies- 10. Project Sponsor and Facility: www.srbc.net/regulatory/policies- guidance/docs/access-to-records-policy- Meadia Heights Golf Club LLC, West guidance/docs/20200313.pdf. 2009-02.pdf. Lampeter Township, Lancaster County, Authority: Pub. L. 91–575, 84 Stat. 1509 SUPPLEMENTARY INFORMATION: The Pa. Modification to change consumptive et seq., 18 CFR parts 806, 807, and 808. public hearing will cover the following use mitigation method (Docket No. Dated: July 14, 2020. projects. 20000204). Jason E. Oyler, Projects Scheduled for Action 11. Project Sponsor and Facility: Montgomery Water Authority, Clinton General Counsel and Secretary to the 1. Project Sponsor and Facility: Commission. Township, Lycoming County, Pa. Bloomfield Borough Water Authority, [FR Doc. 2020–15520 Filed 7–16–20; 8:45 am] Application for renewal of groundwater Centre Township, Perry County, Pa. withdrawal of up to 0.267 mgd (30-day BILLING CODE 7040–01–P Application for renewal of groundwater average) from Well 1 (Docket No. withdrawal of up to 0.056 mgd (30-day 19881102). average) from Well 1 (Docket No. SUSQUEHANNA RIVER BASIN 12. Project Sponsor: Pixelle Specialty 19901103). COMMISSION Solutions LLC. Project Facility: Spring 2. Project Sponsor: Byler Golf Grove Mill (Codorus Creek and Public Hearing Management, Inc. Project Facility: Iron Unnamed Tributary to Codorus Creek), Valley Golf Club, Cornwall Borough, Spring Grove Borough, Jackson AGENCY: Susquehanna River Basin Lebanon County, Pa. Modification to Commission. Township, and North Codorus change consumptive use mitigation Township, York County, Pa. ACTION: Notice. method (Docket No. 19981206). Applications for existing surface water 3. Project Sponsor and Facility: Cabot SUMMARY: The Susquehanna River Basin withdrawals (peak day) of up to 19.800 Oil & Gas Corporation, Eaton Township, mgd (New Filter Plant Intake), 6.000 Commission will hold a public hearing Wyoming County, Pa. Application for on August 13, 2020. Due to the COVID– mgd (Old Filter Plant Intake), and 0.750 renewal of groundwater withdrawal of mgd (Kessler Pond Intake); consumptive 19 situation and the relevant orders in up to 0.864 mgd (30-day average) from place in the Commission’s member use of up to 3.650 mgd (peak day); and the Hatchery Wellfield (Wells 1, 2, and existing groundwater withdrawals (30- jurisdictions, the Commission will hold 3) (Docket No. 20160610). this meeting telephonically. At this day average) of up to 0.039 mgd (Well 4. Project Sponsor and Facility: Cabot 1) and 0.021 mgd (Well 2). Proposed public hearing, the Commission will Oil & Gas Corporation (Susquehanna hear testimony on the projects listed in action to include combining all existing River), Great Bend Township, and new approvals into a single the SUPPLEMENTARY INFORMATION section Susquehanna County, Pa. Application of this notice. Such projects and approval document with a single for renewal of surface water withdrawal approval term. proposals are intended to be scheduled of up to 2.000 mgd (peak day) (Docket 13. Project Sponsor and Facility: for Commission action at its next No. 20160902). Repsol Oil & Gas USA, LLC business meeting, tentatively scheduled 5. Project Sponsor and Facility: (Susquehanna River), Sheshequin for September 18, 2020, which will be Chesapeake Appalachia, L.L.C. Township, Bradford County, Pa. noticed separately. The public should (Susquehanna River), Wilmot Application for renewal of surface water take note that this public hearing will be Township, Bradford County, Pa. withdrawal of up to 1.500 mgd (peak the only opportunity to offer oral Application for surface water day) (Docket No. 20160908). comment to the Commission for the withdrawal of up to 3.000 mgd (peak listed projects and proposals. The day). 14. Project Sponsor and Facility: deadline for the submission of written 6. Project Sponsor and Facility: S.T.L. Resources, LLC (West Branch comments is August 24, 2020. Chesapeake Appalachia, L.L.C. Susquehanna River), Grugan Township, DATES: The public hearing will convene (Susquehanna River), Windham Clinton County, Pa. Application for on August 13, 2020, at 2:30 p.m. The Township, Wyoming County, Pa. surface water withdrawal of up to 3.450 public hearing will end at 5:00 p.m. or Application for surface water mgd (peak day). at the conclusion of public testimony, withdrawal of up to 3.000 mgd (peak 15. Shippensburg Borough Authority, whichever is sooner. The deadline for day). Southampton Township, Cumberland the submission of written comments is 7. Project Sponsor and Facility: County, Pa. Application for renewal of August 24, 2020. Chesapeake Appalachia, L.L.C. groundwater withdrawal of up to 1.280 ADDRESSES: This hearing will be held by (Wyalusing Creek), Wyalusing mgd (30-day average) from Well 1 telephone rather than at a physical Township, Bradford County, Pa. (Docket No. 19900713). location. Conference Call #1–888–387– Application for surface water 16. Project Sponsor: Togg Mountain, 8686, the Conference Room Code withdrawal of up to 3.000 mgd (peak LLC. Project Facility: Toggenburg #9179686050. day). Mountain Winter Sports Center (West FOR FURTHER INFORMATION CONTACT: 8. Project Sponsor and Facility: Green Branch Tioughnioga Creek), Town of Jason Oyler, General Counsel and Leaf Water LLC (Lycoming Creek), Fabius, Onondaga County, N.Y. Secretary to the Commission, telephone: Lewis Township, Lycoming County, Pa. Modification to increase consumptive (717) 238–0423; fax: (717) 238–2436. Application for renewal of surface water use (peak day) by an additional 0.505 Information concerning the withdrawal of up to 0.900 mgd (peak mgd, for a total consumptive use of up applications for these projects is day) (Docket No. 20160601). to 0.990 mgd, and increase surface water available at the Commission’s Water 9. Project Sponsor and Facility: Lake withdrawal (peak day) by an additional Application and Approval Viewer at Meade Municipal Authority, Reading 2.300 mgd, for a total surface water https://www.srbc.net/waav. Additional Township, Adams County, Pa. withdrawal of up to 4.500 mgd (Docket supporting documents are available to Application for groundwater No. 20180911).

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43637

Commission-Initiated Project Approval Authority: Pub. L. 91–575, 84 Stat. 1509 201504006.R1; Oakland Township, Modifications et seq., 18 CFR parts 806, 807, and 808. Susquehanna County, Pa.; Consumptive Dated: July 14, 2020. Use of Up to 4.9990 mgd; Approval 1. Project Sponsor and Facility: The Jason E. Oyler, Date: June 9, 2020. Municipal Authority of the Borough of 6. SWN Production Company, LLC.; Berlin, Allegheny Township, Somerset General Counsel and Secretary to the Commission. Pad ID: NR–05 BAC Realty; ABR– County, Pa. Conforming the 201504007.R2; New Milford Township, grandfathering amount with the [FR Doc. 2020–15521 Filed 7–16–20; 8:45 am] BILLING CODE 7040–01–P Susquehanna County, Pa.; Consumptive forthcoming determination for a Use of Up to 4.9990 mgd; Approval groundwater withdrawal up to 0.030 Date: June 11, 2020. mgd (30-day average) from Well 6 SUSQUEHANNA RIVER BASIN 7. SWEPI LP.; Pad ID: Johnson 434; (Docket No. 19980702). COMMISSION ABR–20100501.R2; Shippen Township, 2. Project Sponsor and Facility: Iron Tioga County, Pa.; Consumptive Use of Masters Country Club, Bloomfield Projects Approved for Consumptive Up to 4.0000 mgd; Approval Date: June Township, Bedford County, Pa. Uses of Water 11, 2020. Conforming the grandfathering amount AGENCY: 8. SWN Production Company, LLC.; with the forthcoming determination for Susquehanna River Basin Commission. Pad ID: GU–Y Loomis Pad; ABR– groundwater withdrawals up to 0.051 20100504.R2; Rush Township, ACTION: Notice. mgd (30-day average) from Well 10 and Susquehanna County, Pa.; Consumptive up to 0.061 mgd (30-day average) from SUMMARY: This notice lists the projects Use of Up to 4.0000 mgd; Approval Well 14 (Docket No. 20020813). approved by rule by the Susquehanna Date: June 12, 2020. 3. Project Sponsor and Facility: River Basin Commission during the 9. Chesapeake Appalachia, L.L.C.; Pad Sinking Valley Country Club, Tyrone period set forth in DATES. ID: Coates; ABR–20100509.R2; Standing Township, Blair County, Pa. DATES: June 1–30, 2020. Stone Township, Bradford County, Pa.; Conforming the grandfathering amount ADDRESSES: Susquehanna River Basin Consumptive Use of Up to 7.5000 mgd; with the forthcoming determination for Commission, 4423 North Front Street, Approval Date: June 12, 2020. groundwater withdrawals up to 0.081 Harrisburg, PA 17110–1788. 10. Chief Oil & Gas, LLC; Pad ID: Kerr mgd (30-day average) from the 14th Drilling Pad #1; ABR–20100506.R2; FOR FURTHER INFORMATION CONTACT: Fairway Well and up to 0.099 mgd (30- Lathrop Township, Susquehanna Jason E. Oyler, General Counsel and day average) from the 8th Tee Well County, Pa.; Consumptive Use of Up to Secretary to the Commission, telephone: (Docket No. 20020811). 2.0000 mgd; Approval Date: June 15, (717) 238–0423, ext. 1312; fax: (717) 2020. Opportunity To Appear and Comment 238–2436; email: [email protected]. Regular mail inquiries may be sent to 11. Range Resources Appalachia, LLC; Interested parties may call into the the above address. Pad ID: Dog Run Hunting Club Unit; hearing to offer comments to the ABR–20100456.R2; Cummings SUPPLEMENTARY INFORMATION: This Commission on any business listed Township, Lycoming County, Pa.; notice lists the projects, described above required to be subject of a public Consumptive Use of Up to 2.0000 mgd; below, receiving approval for the hearing. Given the telephonic nature of Approval Date: June 15, 2020. consumptive use of water pursuant to the meeting, the Commission strongly 12. Chesapeake Appalachia, L.L.C.; the Commission’s approval by rule encourages those members of the public Pad ID: Fred; ABR–201005241.R2; Leroy process set forth in 18 CFR 806.22(f)(13) wishing to provide oral comments to Township, Bradford County, Pa.; and 18 CFR 806.22(f) for the time period pre-register with the Commission by Consumptive Use of Up to 7.5000 mgd; specified above: Approval Date: June 24, 2020. emailing Jason Oyler at [email protected] Water Source Approval—Issued prior to the hearing date. The presiding Under 18 CFR 806.22(f): 13. Chesapeake Appalachia, L.L.C.; officer reserves the right to limit oral 1. Rockdale Marcellus, LLC; Pad ID: Pad ID: McConnell; ABR–20100525.R2; statements in the interest of time and to Red Run Mountain 736; ABR– Overton Township, Bradford County, otherwise control the course of the 20100502.R2; McIntyre Township, Pa.; Consumptive Use of Up to 7.5000 hearing. Access to the hearing via Lycoming County, Pa.; Consumptive mgd; Approval Date: June 24, 2020. telephone will begin at 2:15 p.m. Use of Up to 4.0000 mgd; Approval 14. Cabot Oil & Gas Corporation; Pad Guidelines for the public hearing are Date: June 9, 2020. ID: HousenickJ P1; ABR–201505004.R1; posted on the Commission’s website, 2. Repsol Oil & Gas USA, LLC; Pad ID: Rush Township, Susquehanna County, www.srbc.net, prior to the hearing for Chicken Hawk; ABR–20100434.R2; Pa.; Consumptive Use of Up to 5.0000 review. The presiding officer reserves Sullivan Township, Tioga County, Pa.; mgd; Approval Date: June 24, 2020. the right to modify or supplement such Consumptive Use of Up to 6.0000 mgd; 15. SWN Production Company, LLC; guidelines at the hearing. Written Approval Date: June 9, 2020. Pad ID: RU–42–KROPFF–PAD; ABR– comments on any business listed above 3. Repsol Oil & Gas USA, LLC; Pad ID: 201410002.R1; Jackson Township, required to be subject of a public STORCH (03 035) D; ABR–20100445.R2; Susquehanna County, Pa.; Consumptive hearing may also be mailed to Mr. Jason Wells Township, Bradford County, Pa.; Use of Up to 4.9990 mgd; Approval Oyler, Secretary to the Commission, Consumptive Use of Up to 6.0000 mgd; Date: June 29, 2020. Susquehanna River Basin Commission, Approval Date: June 9, 2020. 16. Seneca Resources Company, LLC; 4423 North Front Street, Harrisburg, Pa. 4. EXCO Resources (PA), LLC.; Pad Pad ID: Gamble Pad P; ABR– 17110–1788, or submitted electronically ID: Warner Drilling Pad #1; ABR– 201506005.R1; Hepburn Township, through https://www.srbc.net/ 20100451; Franklin Township, Lycoming County, Pa.; Consumptive regulatory/public-comment/. Comments Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval mailed or electronically submitted must Use of Up to 2.0000 mgd; Approval Date: June 29, 2020. be received by the Commission on or Date: June 9, 2020. 17. Chesapeake Appalachia, L.L.C.; before August 24, 2020, to be 5. SWN Production Company, LLC; Pad ID: Brackman; ABR–20100420.R2; considered. Pad ID: NR–25 NOWICKI; ABR– Leroy Township, Bradford County, Pa.;

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43638 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

Consumptive Use of Up to 7.5000 mgd; 7.5000 mgd; Approval Date: June 30, ADDRESSES: Susquehanna River Basin Approval Date: June 29, 2020. 2020. Commission, 4423 North Front Street, 18. Chief Oil & Gas, LLC; Pad ID: 30. Chesapeake Appalachia, L.L.C.; Harrisburg, PA 17110–1788. Squier Drilling Pad #1; ABR– Pad ID: Hilltop NEW; ABR– FOR FURTHER INFORMATION CONTACT: 201007008.R2; Springville Township, 201006102.R2; Jessup Township, Jason E. Oyler, General Counsel and Susquehanna County, Pa.; Consumptive Susquehanna County, Pa.; Consumptive Secretary to the Commission, telephone: Use of Up to 2.0000 mgd; Approval Use of Up to 7.5000 mgd; Approval (717) 238–0423, ext. 1312; fax: (717) Date: June 29, 2020. Date: June 30, 2020. 238–2436; email: [email protected]. 19. Cabot Oil & Gas Corporation; Pad 31. Chesapeake Appalachia, L.L.C.; Regular mail inquiries may be sent to ID: WarrinerR P2; ABR–20100518.R1; Pad ID: Akita NEW; ABR–20100689.R2; the above address. Dimock Township, Susquehanna Smithfield Township, Bradford County, County, Pa.; Consumptive Use of Up to Pa.; Consumptive Use of Up to 7.5000 SUPPLEMENTARY INFORMATION: This 5.0000 mgd; Approval Date: June 29, mgd; Approval Date: June 30, 2020. notice lists the projects, described 2020. 32. Chesapeake Appalachia, L.L.C.; below, that have been revoked for the 20. Cabot Oil & Gas Corporation; Pad Pad ID: Alderfer NEW; ABR– time period specified above: ID: CarsonJ P1; ABR–20100520.R1; 20100671.R2; Litchfield Township, Revocation of Approvals by Rule— Springville Township, Susquehanna Bradford County, Pa.; Consumptive Use Issued Under 18 CFR 806.22(f) County, Pa.; Consumptive Use of Up to of Up to 7.5000 mgd; Approval Date: 5.0000 mgd; Approval Date: June 29, June 30, 2020. 1. Chesapeake Appalachia, L.L.C.; Pad 2020. 33. Chesapeake Appalachia, L.L.C.; ID: Sophia; ABR–201106005.R1; 21. SWEPI LP; Pad ID: Walker 438; Pad ID: Lillie NEW; ABR– Smithfield and Springville Townships, ABR–20100516.R2; Shippen Township, 201006104.R2; Herrick Township, Bradford County, Pa.; Revocation Date: Tioga County, Pa.; Consumptive Use of Bradford County, Pa.; Consumptive Use June 25, 2020. Up to 4.0000 mgd; Approval Date: June of Up to 7.5000 mgd; Approval Date: 2. Chesapeake Appalachia, L.L.C.; Pad 29, 2020. June 30, 2020. ID: Sharidan; ABR–201112027.R1; 22. XPR Resources, LLC; Pad ID: 34. Rockdale Marcellus, LLC; Pad ID: Litchfield Township, Bradford County, Alder Run Land LP #2H; ABR– Greenwood Hunting Lodge 427; ABR– Pa.; Revocation Date: June 25, 2020. 20100454.R2; Cooper Township, 20100532.R2; McIntyre Township, Clearfield County, Pa.; Consumptive Lycoming County, Pa.; Consumptive 3. Repsol Oil & Gas USA, LLC.; Pad Use of Up to 2.0000 mgd; Approval Use of Up to 4.0000 mgd; Approval ID: COLE (03 016) T; ABR–20100549.R1; Date: June 29, 2020. Date: June 30, 2020. Columbia Township, Bradford County, Pa.; Revocation Date: June 26, 2020. 23. Chesapeake Appalachia, L.L.C.; 35. Seneca Resources Company, LLC; Pad ID: Cerca; ABR–20100538.R2; Pad ID: PHC Pad Q; ABR–20100551.R2; 4. SWN Production Company, LLC.; Wyalusing Township, Bradford County, Lawrence Township, Clearfield County, Pad ID: TI-Kohler Pad; ABR–201601006; Pa.; Consumptive Use of Up to 7.5000 Pa.; Consumptive Use of Up to 4.0000 Liberty Township, Tioga County, Pa.; mgd; Approval Date: June 30, 2020. mgd; Approval Date: June 30, 2020. Revocation Date: June 26, 2020. 24. Chesapeake Appalachia, L.L.C.; 36. Chief Oil & Gas, LLC; Pad ID: 5. SWEPI LP.; Pad ID: State 822; ABR– Pad ID: Treat; ABR–20100527.R2; Rome Severcool Drilling Pad #1; ABR– 201007040.R1; Gaines Township, Tioga Township, Bradford County, Pa.; 20100547.R2; Forkston Township, County, Pa.; Revocation Date: June 26, Consumptive Use of Up to 7.5000 mgd; Wyoming County, Pa.; Consumptive Use 2020. Approval Date: June 30, 2020. of Up to 2.0000 mgd; Approval Date: June 30, 2020. 6. SWEPI LP.; Pad ID: Youst 405; 25. Chesapeake Appalachia, L.L.C.; ABR–201106026.R1; Jackson Township, Pad ID: Feusner New; ABR– Authority: Pub. L. 91–575, 84 Stat. 1509 et Tioga County, Pa.; Revocation Date: 20100558.R2; Litchfield Township, seq., 18 CFR parts 806, 807, and 808. June 26, 2020. Bradford County, Pa.; Consumptive Use Dated: July 14, 2020. of Up to 7.5000 mgd; Approval Date: 7. SWEPI LP.; Pad ID: Wilson 286; Jason E. Oyler, June 30, 2020. ABR–201203027.R1; Charleston 26. Chesapeake Appalachia, L.L.C.; General Counsel and Secretary to the Township, Tioga County, Pa.; Commission. Pad ID: Madden; ABR–20100536.R2; Revocation Date: June 29, 2020. Asylum Township, Bradford County, [FR Doc. 2020–15519 Filed 7–16–20; 8:45 am] 8. SWEPI LP.; Pad ID: Jones 276; Pa.; Consumptive Use of Up to 7.5000 BILLING CODE 7040–01–P ABR–201201021.R1; Jackson Township, mgd; Approval Date: June 30, 2020. Tioga County, Pa.; Revocation Date: 27. Chesapeake Appalachia, L.L.C.; SUSQUEHANNA RIVER BASIN June 29, 2020. Pad ID: Rich; ABR–20100539.R2; Troy COMMISSION 9. SWEPI LP.; Pad ID: State 6721; Township, Bradford County, Pa.; ABR–20100440.R1; Elk Township, Consumptive Use of Up to 7.5000 mgd; Revocation of ABR Approvals Tioga County, Pa.; Revocation Date: Approval Date: June 30, 2020. June 29, 2020. 28. Chesapeake Appalachia, L.L.C.; AGENCY: Susquehanna River Basin Authority: Pub. L. 91–575, 84 Stat. 1509 Pad ID: Allen; ABR–20100606.R2; Commission. et seq., 18 CFR parts 806, 807, and 808. Wysox Township, Bradford County, Pa.; ACTION: Notice. Consumptive Use of Up to 7.5000 mgd; Dated: July 14, 2020. Approval Date: June 30, 2020. SUMMARY: This notice lists the projects Jason E. Oyler, 29. Chesapeake Appalachia, L.L.C.; approved by rule by the Susquehanna General Counsel and Secretary to the Pad ID: Finnerty; ABR–20100602.R2; River Basin Commission during the Commission. West Burlington Township, Bradford period set forth in DATES. [FR Doc. 2020–15518 Filed 7–16–20; 8:45 am] County, Pa.; Consumptive Use of Up to DATES: June 1–30, 2020. BILLING CODE 7040–01–P

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43639

OFFICE OF THE UNITED STATES SUPPLEMENTARY INFORMATION: are scheduled to expire on September 1, 2020. TRADE REPRESENTATIVE A. Background [Docket Number USTR–2020–0029] B. Possible Extensions of Particular For background on the proceedings in Product Exclusions Request for Comments Concerning the this investigation, please see prior As noted, the U.S. Trade Extension of Particular Exclusions notices including 82 FR 40213 (August Representative previously decided to Granted Under the $300 Billion Action 24, 2017), 83 FR 14906 (April 6, 2018), consider a possible extension for up to Pursuant to Section 301: China’s Acts, 84 FR 22564 (May 17, 2019), 84 FR 12 months of particular exclusions Policies, and Practices Related to 43304 (August 20, 2019), 84 FR 45821 granted under the initial 5 product Technology Transfer, Intellectual (August 30, 2019), 84 FR 57144 (October exclusion notices under the $300 billion Property, and Innovation 24, 2019), 84 FR 69447 (December 18, 2019), 85 FR 3741 (January 22, 2020), 85 action. See 85 FR 38482 (June 26, 2020). AGENCY: Office of the United States FR 13970 (March 10, 2020), 85 FR 15244 This notice announces the U.S. Trade Trade Representative. (March 17, 2020), 85 FR 17936 (March Representative’s decision to consider a ACTION: Notice and request for 31, 2020), 85 FR 28693 (May 13, 2020), possible extension for up to twelve comments. 85 FR 32099 (May 28, 2020), 85 FR months of particular exclusions granted 35975 (June 12, 2020), 85 FR 38482 under the sixth notice and a SUMMARY: On August 20, 2019, at the (June 26, 2020), and 85 FR 41658 (July forthcoming seventh notice of product direction of the President, the U.S. 10, 2020). exclusions. Accordingly, USTR invites Trade Representative determined to In a notice published on August 20, public comments on whether to extend modify the action being taken in the 2019, the U.S. Trade Representative, at the particular exclusions issued under Section 301 investigation of China’s the direction of the President, 85 FR 41658 (July 10, 2020) and those acts, policies, and practices related to announced a determination to modify product exclusions issued under the technology transfer, intellectual the action being taken in the Section subsequent notice of product exclusions property, and innovation by imposing 301 investigation by imposing an to be published in the Federal Register additional duties of 10 percent ad additional 10 percent ad valorem duty in the coming days. Public comments valorem on goods of China with an on products of China with an annual regarding the extension of particular annual trade value of approximately aggregate trade value of approximately exclusions under the first five notices of $300 billion. The additional duties on $300 billion. 84 FR 43304 (August 20, product exclusions issued under the products in List 1, which is set out in 2019) (August 20 notice). The August 20 $300 billion action must be filed under Annex A of that action, became effective notice contains two separate lists of a separate docket (USTR–2020–0027). on September 1, 2019. The U.S. Trade tariff subheadings, with two different See 85 FR 38482 (June 26, 2020). Representative initiated a product effective dates. List 1, which is set out The Office of the United States Trade exclusion process in October 2019, and in Annex A of the August 20 notice, was Representative will evaluate the as of the date of this notice, has issued effective on September 1, 2019. List 2, possible extension of each exclusion on six product exclusion notices under this which is set out in Annex C of the a case-by-case basis. The focus of the action and anticipates issuing a seventh August 20 notice, was scheduled to take evaluation will be whether, despite the notice in the coming days. The product effect on December 15, 2019. first imposition of these additional exclusions granted under these notices Subsequently, the U.S. Trade duties in September 2019, the particular are scheduled to expire on September 1, Representative announced product remains available only from 2020. The U.S. Trade Representative determinations suspending until further China. In addressing this factor, previously decided to consider a notice the additional duties on products commenters should address specifically: • Whether the particular product possible extension for up to twelve set out in Annex C (List 2) and reducing and/or a comparable product is months of particular exclusions granted the additional duties for the products available from sources in the United under the initial five product exclusion covered in Annex A of the August 20 States and/or in third countries. notices. The U.S. Trade Representative notice (List 1) to 7.5 percent. See 84 FR • Any changes in the global supply has decided to consider a possible 57144, 85 FR 3741. extension for up to twelve months of chain since September 2019 with On October 24, 2019, the U.S. Trade respect to the particular product or any particular exclusions granted under the Representative established a process by sixth notice and a forthcoming seventh other relevant industry developments. which U.S. stakeholders could request • notice of product exclusions. The efforts, if any, the importers or exclusion of particular products U.S. purchasers have undertaken since DATES: July 15, 2020: The public docket classified within an eight-digit on the web portal at https:// September 2019 to source the product Harmonized Tariff Schedule of the from the United States or third comments.USTR.gov will open for United States (HTSUS) subheading parties to submit comments on the countries. covered by List 1 of the $300 billion In addition, USTR will continue to possible extension of particular action from the additional duties. See 84 consider whether the imposition of exclusions. FR 57144 (October 24 notice). The additional duties on the products August 14, 2020 at 11:59 p.m. ET: To October 24 notice required submission covered by the exclusion will result in be assured of consideration, submit of requests for exclusion from the $300 severe economic harm to the commenter written comments on the public docket billion action no later than January 31, or other U.S. interests. by this deadline. 2020, and noted that the U.S. Trade ADDRESSES: You must submit all Representative periodically would C. Procedures To Comment on the comments through the online portal: announce decisions. As of the date of Extension of Particular Exclusions https://comments.USTR.gov. this notice, the U.S. Trade To submit a comment regarding the FOR FURTHER INFORMATION CONTACT: Representative has issued six notices of extension of a particular exclusion Associate General Counsel Philip Butler product exclusions under this action granted under the above referenced or Assistant General Counsel Benjamin and anticipates issuing a seventh notice product exclusion notices under the Allen at (202) 395–5725. in the coming days. These exclusions $300 billion action, commenters first

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43640 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

must register on the portal at https:// in the Annex of the Federal Register purchased from domestic and third comments.USTR.gov. As noted above, notice granting the exclusion and the country sources in 2018 and 2019. the public docket will be open from July description. For descriptions, amended • If applicable, the commenter’s gross 15, 2020, to August 14, 2020. After or corrected by a later issued notice of revenue for 2018 and 2019. registration, the commenter may submit product exclusions, parties should use • an exclusion extension comment form the amended or corrected description. Whether the Chinese-origin product to the public docket. • Whether the product or products of concern is sold as a final product or Fields on the comment form marked covered by the exclusion are subject to as an input. with an asterisk (*) are required fields. an antidumping or countervailing duty • Whether the imposition of duties on Fields with a gray (BCI) notation are for order issued by the U.S. Department of the products covered by the exclusion business confidential information and Commerce. will result in severe economic harm to will not be publicly available. Fields • Whether you support or oppose the commenter or other U.S. interests. with a green (Public) notation will be extending the exclusion and an • Any additional information or data publicly available. Additionally, explanation of your rationale. in support of or in opposition to commenters will be able to upload Commenters must provide a public extending the exclusion that you documents and indicate whether the version of their rationale, even if the consider relevant. documents are BCI or public. commenter also intends to submit a Commenters will be able to review the more detailed business confidential D. Submission Instructions public version of their comments before rationale. they are posted. • Whether the products covered by To be assured of consideration, you In order to facilitate the preparation of the exclusion or comparable products must submit your comment between the comments prior to the July 15 opening are available from sources in the U.S. or opening of the public docket on July 15, of the public docket, a facsimile of the third countries. Please include 2020 and the August 14, 2020 exclusion extension comment form to be information concerning any changes in submission deadline. If you seek to used on the portal is annexed to this the global supply chain since September comment on two or more exclusions, notice. Please note that the color-coding 2019 with respect to the particular you must submit a separate comment for of public fields and BCI fields is not product. each exclusion. visible on the attached facsimile, but • The efforts you have undertaken By submitting a comment, the will be apparent on the actual comment since September 2019 to source the commenter certifies that the information form used on the portal. product from the United States or third provided is complete and correct to the Set out below is a summary of the countries. best of their knowledge. information to be entered on the • The value and quantity of the E. Paperwork Reduction Act exclusion extension comment form. Chinese-origin product covered by the • Contact information, including the specific exclusion request purchased in In accordance with the requirements full legal name of the organization 2018 and 2019. Whether these of the Paperwork Reduction Act of 1995 making the comment, whether the purchases are from a related company, and its implementing regulations, the commenter is a third party (e.g., law and if so, the name of and relationship Office of Management and Budget firm, trade association, or customs to the related company. assigned control number 0350–0015, • broker) submitting on behalf of an Whether Chinese suppliers have which expires January 31, 2023. organization or industry, and the name lowered their prices for products of the third party organization, if covered by the exclusion following the Joseph Barloon, applicable. imposition of duties. General Counsel, Office of the United States • The number for the exclusion on • The value and quantity of the Trade Representative. which you are commenting as provided product covered by the exclusion BILLING CODE 3290–FO–P

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43641

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4725 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN17JY20.009 43642 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4725 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN17JY20.010 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43643

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4725 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES EN17JY20.011 43644 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

[FR Doc. 2020–15533 Filed 7–16–20; 8:45 am] Transportation, Maritime identifying information, will be made BILLING CODE 3290–F0–C Administration, 1200 New Jersey publicly available. Avenue SE, Room W23–453, May I submit comments confidentially? Washington, DC 20590. Telephone 202– DEPARTMENT OF TRANSPORTATION 366–9309, Email [email protected]. If you wish to submit comments SUPPLEMENTARY INFORMATION: As under a claim of confidentiality, you Maritime Administration described by the applicant the intended should submit three copies of your complete submission, including the [Docket No. MARAD–2020–0095] service of the vessel LEI is: —Intended Commercial Use of Vessel: information you claim to be confidential Requested Administrative Waiver of ‘‘Near coastal passenger Charter ’’ business information, to the Department the Coastwise Trade Laws: Vessel LEI —Geographic Region Including Base of of Transportation, Maritime (Sailing Catamaran); Invitation for Operations: ‘‘California’’ (Base of Administration, Office of Legislation Public Comments Operations: Marina Del Rey, CA) and Regulations, MAR–225, W24–220, —Vessel Length and Type: 42′ 1200 New Jersey Avenue SE, AGENCY: Maritime Administration, DOT. catamaran Washington, DC 20590. Include a cover ACTION: Notice. The complete application is available letter setting forth with specificity the basis for any such claim and, if possible, SUMMARY: The Secretary of for review identified in the DOT docket a summary of your submission that can Transportation, as represented by the as MARAD–2020–0095 at http:// be made available to the public. Maritime Administration (MARAD), is www.regulations.gov. Interested parties authorized to grant waivers of the U.S.- may comment on the effect this action Privacy Act may have on U.S. vessel builders or build requirements of the coastwise In accordance with 5 U.S.C. 553(c), businesses in the U.S. that use U.S.-flag trade laws to allow the carriage of no DOT solicits comments from the public vessels. If MARAD determines, in more than twelve passengers for hire on to better inform its rulemaking process. accordance with 46 U.S.C. 12121 and vessels, which are three years old or DOT posts these comments, without MARAD’s regulations at 46 CFR part more. A request for such a waiver has edit, to www.regulations.gov, as 388, that the issuance of the waiver will been received by MARAD. The vessel, described in the system of records have an unduly adverse effect on a U.S.- and a brief description of the proposed notice, DOT/ALL–14 FDMS, accessible vessel builder or a business that uses service, is listed below. through www.dot.gov/privacy. To U.S.-flag vessels in that business, a DATES: Submit comments on or before facilitate comment tracking and waiver will not be granted. Comments August 17, 2020. response, we encourage commenters to should refer to the vessel name, state the ADDRESSES: You may submit comments provide their name, or the name of their commenter’s interest in the waiver identified by DOT Docket Number organization; however, submission of application, and address the waiver MARAD–2020–0095 by any one of the names is completely optional. Whether criteria given in section 388.4 of following methods: or not commenters identify themselves, • MARAD’s regulations at 46 CFR part Federal eRulemaking Portal: Go to all timely comments will be fully 388. http://www.regulations.gov. Search considered. If you wish to provide MARAD–2020–0095 and follow the Public Participation comments containing proprietary or instructions for submitting comments. confidential information, please contact • How do I submit comments? Mail or Hand Delivery: Docket the agency for alternate submission Management Facility is in the West Please submit your comments, instructions. Building, Ground Floor of the U.S. including the attachments, following the Department of Transportation. The (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, instructions provided under the above 46 U.S.C. 12121) Docket Management Facility location heading entitled ADDRESSES. Be advised address is: U.S. Department of that it may take a few hours or even * * * * * Transportation, MARAD–2020–0095, days for your comment to be reflected Dated: July 14, 2020. 1200 New Jersey Avenue SE, West on the docket. In addition, your By Order of the Maritime Administrator. Building, Room W12–140, Washington, comments must be written in English. T. Mitchell Hudson, Jr., DC 20590, between 9 a.m. and 5 p.m., We encourage you to provide concise Secretary, Maritime Administration. Monday through Friday, except on comments and you may attach Federal holidays. [FR Doc. 2020–15501 Filed 7–16–20; 8:45 am] additional documents as necessary. BILLING CODE 4910–81–P Note: If you mail or hand-deliver your There is no limit on the length of the comments, we recommend that you include attachments. your name and a mailing address, an email address, or a telephone number in the body Where do I go to read public comments, DEPARTMENT OF TRANSPORTATION of your document so that we can contact you and find supporting information? if we have questions regarding your Maritime Administration submission. Go to the docket online at http:// www.regulations.gov, keyword search [Docket No. MARAD–2020–0096] Instructions: All submissions received MARAD–2020–0095 or visit the Docket must include the agency name and Requested Administrative Waiver of Management Facility (see ADDRESSES for the Coastwise Trade Laws: Vessel specific docket number. All comments hours of operation). We recommend that received will be posted without change VISION (Sailing Vessel); Invitation for you periodically check the Docket for Public Comments to the docket at www.regulations.gov, new submissions and supporting including any personal information material. AGENCY: Maritime Administration, DOT. provided. For detailed instructions on ACTION: Notice. submitting comments, see the section Will my comments be made available to entitled Public Participation. the public? SUMMARY: The Secretary of FOR FURTHER INFORMATION CONTACT: Yes. Be aware that your entire Transportation, as represented by the Bianca Carr, U.S. Department of comment, including your personal Maritime Administration (MARAD), is

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43645

authorized to grant waivers of the U.S.- The complete application is available basis for any such claim and, if possible, build requirements of the coastwise for review identified in the DOT docket a summary of your submission that can trade laws to allow the carriage of no as MARAD–2020–0096 at http:// be made available to the public. more than twelve passengers for hire on www.regulations.gov. Interested parties Privacy Act vessels, which are three years old or may comment on the effect this action more. A request for such a waiver has may have on U.S. vessel builders or In accordance with 5 U.S.C. 553(c), been received by MARAD. The vessel, businesses in the U.S. that use U.S.-flag DOT solicits comments from the public and a brief description of the proposed vessels. If MARAD determines, in to better inform its rulemaking process. service, is listed below. accordance with 46 U.S.C. 12121 and DOT posts these comments, without DATES: Submit comments on or before MARAD’s regulations at 46 CFR part edit, to www.regulations.gov, as August 17, 2020. 388, that the issuance of the waiver will described in the system of records notice, DOT/ALL–14 FDMS, accessible ADDRESSES: You may submit comments have an unduly adverse effect on a U.S.- identified by DOT Docket Number vessel builder or a business that uses through www.dot.gov/privacy. To MARAD–2020–0096 by any one of the U.S.-flag vessels in that business, a facilitate comment tracking and following methods: waiver will not be granted. Comments response, we encourage commenters to • Federal eRulemaking Portal: Go to should refer to the vessel name, state the provide their name, or the name of their http://www.regulations.gov. Search commenter’s interest in the waiver organization; however, submission of MARAD–2020–0096 and follow the application, and address the waiver names is completely optional. Whether instructions for submitting comments. criteria given in section 388.4 of or not commenters identify themselves, • Mail or Hand Delivery: Docket MARAD’s regulations at 46 CFR part all timely comments will be fully Management Facility is in the West 388. considered. If you wish to provide comments containing proprietary or Building, Ground Floor of the U.S. Public Participation Department of Transportation. The confidential information, please contact Docket Management Facility location How do I submit comments? the agency for alternate submission address is: U.S. Department of Please submit your comments, instructions. Transportation, MARAD–2020–0096, including the attachments, following the (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 1200 New Jersey Avenue SE, West instructions provided under the above 46 U.S.C. 12121) Building, Room W12–140, Washington, heading entitled ADDRESSES. Be advised * * * * * DC 20590, between 9 a.m. and 5 p.m., that it may take a few hours or even Dated: July 14, 2020. Monday through Friday, except on days for your comment to be reflected Federal holidays. on the docket. In addition, your By Order of the Maritime Administrator. Note: If you mail or hand-deliver your comments must be written in English. T. Mitchell Hudson, Jr., comments, we recommend that you We encourage you to provide concise Secretary, Maritime Administration. include your name and a mailing comments and you may attach [FR Doc. 2020–15502 Filed 7–16–20; 8:45 am] address, an email address, or a additional documents as necessary. BILLING CODE 4910–81–P telephone number in the body of your There is no limit on the length of the document so that we can contact you if attachments. DEPARTMENT OF TRANSPORTATION we have questions regarding your Where do I go to read public comments, submission. and find supporting information? Instructions: All submissions received National Highway Traffic Safety must include the agency name and Go to the docket online at http:// Administration specific docket number. All comments www.regulations.gov, keyword search [Docket No. NHTSA–2020–0018] received will be posted without change MARAD–2020–0096 or visit the Docket to the docket at www.regulations.gov, Management Facility (see ADDRESSES for Agency Information Collection including any personal information hours of operation). We recommend that Activities; Notice and Request for provided. For detailed instructions on you periodically check the Docket for Comment; Reducing the Illegal submitting comments, see the section new submissions and supporting Passing of School Buses entitled Public Participation. material. AGENCY: National Highway Traffic FOR FURTHER INFORMATION CONTACT: Will my comments be made available to Safety Administration (NHTSA), Bianca Carr, U.S. Department of the public? Department of Transportation (DOT). Transportation, Maritime Yes. Be aware that your entire ACTION: Notice and request for public Administration, 1200 New Jersey comment, including your personal comment on a request for approval of a Avenue SE, Room W23–453, identifying information, will be made proposed new collection of information. Washington, DC 20590. Telephone 202– publicly available. 366–9309, Email [email protected]. SUMMARY: NHTSA invites public SUPPLEMENTARY INFORMATION: As May I submit comments confidentially? comments about its intention to request described by the applicant the intended If you wish to submit comments approval from the Office of Management service of the vessel VISION is: under a claim of confidentiality, you and Budget (OMB) for a new collection —Intended commercial use of vessel: should submit three copies of your of information. Before a Federal agency ‘‘Day and overnight sailing charters complete submission, including the can collect certain information from the for education and vacations’’ information you claim to be confidential public, it must receive approval from —Geographic region including base of business information, to the Department the OMB. Under procedures established operations: ‘‘California’’ (Base of of Transportation, Maritime by the Paperwork Reduction Act of Operations: Hyatt Regency Spa and Administration, Office of Legislation 1995, before seeking OMB approval, Marina, Mission Bay, San Diego, and Regulations, MAR–225, W24–220, Federal agencies must solicit public California) 1200 New Jersey Avenue SE, comment on proposed collections of —Vessel length and type: 48′ sailing Washington, DC 20590. Include a cover information, including extensions and vessel letter setting forth with specificity the reinstatements of previously approved

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43646 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

collections. This document describes an Avenue SE, W44–213, Washington, DC Secretary authorization to use funds Information Collection Request (ICR) for 20590. Ms. Rosenthal’s phone number is appropriated to conduct research and which NHTSA intends to seek OMB 202–366–8995, and her email address is development activities, including approval. [email protected]. demonstration projects and the DATES: Comments must be received on SUPPLEMENTARY INFORMATION: Under the collection and analysis of highway and or before September 15, 2020. Paperwork Reduction Act of 1995, motor vehicle safety data and related information needed to carry out this ADDRESSES: You may submit comments before an agency submits a proposed section. NHTSA seeks to assess the identified by Docket Number NHTSA– collection of information to OMB for knowledge of drivers nationwide about 2020–0018 through any of the following approval, it must publish a document in the laws governing passing a school bus methods: the Federal Register providing a 60-day • Electronic Submissions: Go to comment period and otherwise consult (under the specific State laws where the http://www.regulations.gov. Follow the with members of the public and affected driver lives) as a function of varying online instructions for submitting agencies concerning each proposed roadway configurations, flashing yellow comments. collection of information. The OMB has and red light deployment on the school • Mail: Docket Management Facility. promulgated regulations describing bus, and activation of the stop arm on M–30, U.S. Department of what must be included in such a the bus. To make this assessment, Transportation. 1200 New Jersey document. Under OMB’s regulations (at NHTSA intends to conduct research that Avenue SE, West Building Ground 5 CFR 1320.8(d)), an agency must ask will consist of two methods of survey Floor, Room W12–140, Washington, DC for public comment on the following: (i) collection data from drivers of motor 20590. Whether the proposed collection of vehicles. First (Study 1), NHTSA will • Hand Delivery or Courier: Docket information is necessary for the proper conduct a national survey, involving Management, U.S. Department of performance of the functions of the respondents who volunteer to 1 Transportation, 1200 New Jersey agency, including whether the participate through AmeriSpeak, which Avenue SE, West Building, Room W12– information will have practical utility; will take place in the respondent’s home 140, Washington, DC 20590, between 9 (ii) the accuracy of the agency’s estimate or wherever the respondent chooses to a.m. and 5 p.m., Monday through of the burden of the proposed collection operate a computer, laptop, tablet, or Friday, except on Federal holidays. To of information, including the validity of other mobile device they provide for be sure someone is there to help you, the methodology and assumptions used; screening and data collection. Second please call (202) 366–9322 before (iii) how to enhance the quality, utility, (Study 2), NHTSA will conduct coming. and clarity of the information to be community surveys that occur in two • Fax: 1–202–493–2251. collected; and (iv) how to minimize the communities and will involve surveys Instructions: Each submission must burden of the collection of information before and after implementation of a include the Agency name and the on those who are to respond, including program designed to increase driver docket number for this proposed the use of appropriate automated, awareness of laws governing passing a collection of information. Note that all electronic, mechanical, or other school bus. Screening and data comments received will be posted technological collection techniques or collection for the community surveys without change to http:// other forms of information technology, will take place on a computer or tablet www.regulations.gov, including any e.g., permitting electronic submissions provided by the study at a public venue personal information provided. Please of responses. In compliance with these frequented by drivers across the see the Privacy heading below. requirements, NHTSA asks for public socioeconomic and demographic • Privacy Act: Anyone is able to comment on the following proposed spectra, such as a mall or motor vehicle search the electronic form of all collection of information for which the department office. All collection of data comments received into any of our agency is seeking approval from OMB: will be anonymous. AmeriSpeak dockets by the name of the individual Title: Reducing the Illegal Passing of provides data to clients with an submitting the comment (or signing the School Buses. anonymous record identification comment, if submitted on behalf of an OMB Control Number: New. number. The community survey does association, business, labor union, etc.). Form Number: 1559. not collect any personal identifying data You may review DOT’s complete Type of Information Collection from the participant. Privacy Act Statement in the Federal Request: Request for approval of a new Study 1 will use an internet-hosted Register, published on April 11, 2000 information collection. survey of a nationally representative (65 FR 19477–78), or you may visit Type of Review Requested: Regular. sample of drivers to determine their http://www.dot.gov/privacy.html. Requested Expiration Date of knowledge of and attitudes towards • Docket: For access to the docket to Approval: Three years from date of laws regarding passing of stopped read background documents or approval. school buses, as well as their opinions comments received, go to http:// Summary of the Collection of on the safest driver behaviors when ww.regulations.gov or the street address Information: The National Highway encountering a school bus on the listed above. To be sure someone is Traffic Safety Administration (NHTSA) roadway. Study 2 will be a field study there to help you, please call (202) 366– was established by the Highway Safety in two communities with differing 9322 before coming. Follow the online Act of 1970 to reduce deaths, injuries, levels of camera enforcement of school instructions for accessing the dockets. and economic losses due to road traffic bus passing laws to examine the FOR FURTHER INFORMATION CONTACT: For crashes on the Nation’s highways. Even effectiveness of an automated school additional information or access to though every State has a law requiring bus camera enforcement system background documents, contact Kristin drivers to stop for a stopped school bus combined with high-visibility police Rosenthal, Highway Safety Specialist, displaying flashing red lights, illegal Safety Countermeasures Division, Office passing of stopped school buses is a 1 AmeriSpeak, created by the National Opinion Research Center (NORC) at the University of of Research and Program Development, frequent occurrence all across the Chicago, is a probability-based panel designed to be National Highway Traffic Safety country. Title 23 of the United States representative of the U.S. household population to Administration, 1200 New Jersey Code, Chapter 4, Section 403, gives the take part in surveys.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43647

enforcement and public education in operated by National Opinion Research might be invited to participate more reducing school bus passing violations. Center (NORC) at the University of than once for the community survey. Survey data collection in the test Chicago. AmeriSpeak is a probability- Estimated Time per Participant: Both communities will examine awareness of based panel designed to be the national and community surveys the enforcement and camera programs, representative of the U.S. household will be administered via an internet- driver knowledge of and attitudes population. Randomly selected U.S. hosted survey on a tablet or other small towards school bus passing laws, and households are sampled with a known, computer. The national and community self-reported behavior when non-zero probability of selection from encountering a school bus on the the NORC National Sample Frame and surveys will have the same core items roadway before and after program then contacted by U.S. mail, email, related to knowledge of and attitudes implementation. telephone, and field interviewers (face towards school bus passing laws. The Description of the Need for the to face) to recruit panelists. AmeriSpeak community survey will have additional Information and Proposed Use of the panelists participate in NORC studies or items about awareness of Information: NHTSA’s mission is to studies conducted by NORC on behalf of countermeasure program activities and save lives, prevent injuries, and reduce governmental agencies, academic basic respondent demographic economic costs due to road traffic researchers, and media and commercial information. Demographic information crashes, through education, research, organizations. Participation in research for the panelists in the national survey safety standards and enforcement is voluntary at the time that respondents is part of their AmeriSpeak profile. The activity. The agency develops, are asked to join the panel, at the time intent is for each participant to promotes, and implements educational, they are asked to participate in any complete a survey only once. However, enforcement, engineering, and particular survey, and at the time they no identifying information will be emergency response programs with the answer any given question in a survey. collected for the community survey, so goal of ending preventable tragedies and Respondents from the AmeriSpeak a slight possibility exists that an reducing economic costs associated panel will be compensated for their time individual will participate more than with vehicle use and highway travel. in accordance with their agreement with once. The estimated average time to Since1991 NHTSA has supported efforts NORC. complete the survey per participant in to conduct national surveys focusing on Study 2, the community surveys different program areas to enhance its either the national or community (before and after program samples is 15 minutes. The screening resources in those areas. NHTSA also implementation in two communities), conducts local community surveys involving (1) reading a recruitment will consist of volunteer respondents communication, such as an email or which have a similar focus, but also who are current motor vehicle drivers, allow the agency to conduct field listening to a researcher describe the aged 18 or older. Volunteers will be study, and (2) determining an research and demonstration programs recruited while they are at selected individual’s eligibility (e.g., 18+ years and evaluate changes in community locations, such as malls or motor knowledge, attitudes, self-reported old, current driver, lives in the vehicle offices where the desired behavior, and awareness of program community being studied) can take up respondent population is likely to be efforts. to three minutes for the community One highway safety problem NHTSA found and will receive compensation in return for volunteering. surveys and two minutes for the has been following closely involves national survey. school children struck by passing Estimated Number of Respondents: motorists while going to or from a To obtain at least 3,000 fully completed Total Estimated Burden Hours: It is stopped school bus with its red lights national surveys for Study 1, it is estimated that for the 3,400 AmeriSpeak flashing and its stop arm extended. Even estimated that up to 3,400 AmeriSpeak panelists that will have to be screened, though there have been some highly- panelists will have to be screened to the estimated total burden is 113 hours × publicized child fatalities of this type obtain 3,100 qualified volunteers who (3,400 2 min./60). For the 3,100 and the annual national stop-arm take the national survey (100 of these qualified volunteers who take the violation count by the National volunteers are estimated not to complete national survey, the estimated total Association of State Directors of Pupil the entire survey). burden hours is 775 hours (3,100 × 15 Transportation Services (NASDPTS) For the community surveys in Study min./60), yielding at least 3,000 fully continues to show a surprisingly high 2, NHTSA estimates that 400 volunteers completed surveys. Likewise, it is incidence of these illegal passes, to date, will have to be screened for each wave estimated that the total estimated no national survey has assessed the (400 for the before-program burden for the maximum of 1,600 levels of driver knowledge and implementation and 400 for the after- potential participants to be screened for understanding of the laws regarding program implementation) for each of the the community survey (400 per wave × passing of school buses. The findings two communities. Therefore, a total of 2 communities × 2 waves) is 80 hours 1,600 volunteers will have to be from this proposed collection of (1,600 × 3 min./60). The estimated total screened for the estimated yield of 300 information will assist NHTSA in burden hours for the 1,200 fully completed surveys for each wave for the designing, targeting, and implementing completed surveys (300 per wave × 2 programs intended to mitigate illegal two communities, or 1,200 fully communities × 2 waves) is 300 hours passing of school buses on the roadways completed surveys. (1,200 × 15 min./60). The only cost to and to provide data to States, localities, Frequency of Collection: Respondents participants will be time spent and law enforcement agencies that will will only respond to the national survey aid in their efforts to reduce crashes and request a single time during the study responding to the screening and the injuries due to illegal school bus period. The community survey will be subsequent survey if they volunteer. passing. conducted twice at the same locations Participants who volunteer and begin Affected Public (Respondents): in each of the two selected communities the survey will receive compensation Respondents for Study 1, the national over a period of approximately 10 for this time. Table 1 provides a survey, will be drawn from the panelists months. Therefore, an extremely small summary of the burden hours per in the AmeriSpeak panel funded and possibility exists that an individual survey.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43648 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

Estimated Number of burden per Number of Total Participant group Form name responses per response participants burden hours participant (min.)

National Survey ...... Screening ...... 1 2 3,400 113 National Survey ...... Online Survey ...... 1 15 3,100 775 Community Survey ...... Screening ...... 1 3 1,600 80 Community Survey ...... Online Survey ...... 1 15 1,200 300

Total ...... 1,268

Estimated Annualized Burden Hours: Proceeds From Broker and Barter Request for Comments: Comments 1,268 hours. Exchange Transactions. submitted in response to this notice will Public Comments Invited: You are DATES: Written comments should be be summarized and/or included in the asked to comment on any aspects of this received on or before September 15, request for OMB approval. All information collection, including (a) 2020 to be assured of consideration. comments will become a matter of whether the proposed collection of ADDRESSES: Direct all written comments public record. Comments are invited on: information is necessary for the proper to Kinna Brewington, Internal Revenue (a) Whether the collection of performance of the functions of the Service, Room 6526, 1111 Constitution information is necessary for the proper Department, including whether the Avenue NW, Washington, DC 20224. performance of the functions of the information will have practical utility; Requests for additional information or agency, including whether the (b) the accuracy of the Department’s copies of the form and instructions information shall have practical utility; estimate of the burden of the proposed should be directed to LaNita Van Dyke, (b) the accuracy of the agency’s estimate information collection; (c) ways to at Internal Revenue Service, Room 6526, of the burden of the collection of enhance the quality, utility and clarity 1111 Constitution Avenue NW, information; (c) ways to enhance the of the information to be collected; and Washington, DC 20224 or through the quality, utility, and clarity of the (d) ways to minimize the burden of the internet at [email protected]. information to be collected; (d) ways to collection of information on SUPPLEMENTARY INFORMATION: minimize the burden of the collection of respondents, including the use of Title: Proceeds From Broker and information on respondents, including automated collection techniques or Barter Exchange Transactions. through the use of automated collection other forms of information technology. OMB Number: 1545–0715. techniques or other forms of information Authority: The Paperwork Reduction Act Form Number: Form 1099–B. technology; and (e) estimates of capital of 1995; 44 U.S.C. Chapter 35, as amended; Abstract: Internal Revenue Code or start-up costs and costs of operation, 49 CFR 1.49; and DOT Order 1351.29. section 6045 requires the filing of an maintenance, and purchase of services information return by brokers to report to provide information. Issued in Washington, DC. the gross proceeds from transactions Nanda Narayanan Srinivasan, Approved: July 6, 2020. and by barter exchanges to report Chakinna B. Clemons, Associate Administrator, Research and exchanges of property or services. Form Supervisory Tax Analyst. Program Development. 1099–B is used to report proceeds from [FR Doc. 2020–15445 Filed 7–16–20; 8:45 am] these transactions to the Internal [FR Doc. 2020–15440 Filed 7–16–20; 8:45 am] BILLING CODE 4910–59–P Revenue Service. Current Actions: BILLING CODE 4830–01–P There are no changes in the paperwork burden previously approved by OMB. DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY Type of Review: Extension of a currently approved collection. Internal Revenue Service Internal Revenue Service Affected Public: Business or other for- profit organizations and individuals. Proposed Collection; Comment Proposed Collection; Comment Estimated Number of Responses: Request for Taxpayer Statement Request for Proceeds From Broker and 1,434,809,803. Regarding Refund Barter Exchange Transactions, Form Estimated Time per Response: 47 1099–B minutes. AGENCY: Internal Revenue Service (IRS), Estimated Total Annual Burden Treasury. AGENCY: Internal Revenue Service (IRS), Hours: 674,360,608. ACTION: Notice and request for Treasury. The following paragraph applies to all comments. ACTION: Notice and request for of the collections of information covered comments. by this notice: SUMMARY: The Internal Revenue Service An agency may not conduct or (IRS), in accordance with the Paperwork SUMMARY: The Internal Revenue Service, sponsor, and a person is not required to Reduction Act of 1995 (PRA 95), as part of its continuing effort to reduce respond to, a collection of information provides the general public and Federal paperwork and respondent burden, unless the collection of information agencies with an opportunity to invites the general public and other displays a valid OMB control number. comment on continuing collections of Federal agencies to take this Books or records relating to a collection information. This helps the IRS assess opportunity to comment on proposed of information must be retained as long the impact of its information collection and/or continuing information as their contents may become material requirements and minimize the collections, as required by the in the administration of any internal reporting burden on the public and Paperwork Reduction Act of 1995. revenue law. Generally, tax returns and helps the public understand the IRS’s Currently, the IRS is soliciting tax return information are confidential, information collection requirements and comments concerning Form 1099–B, as required by 26 U.S.C. 6103. provide the requested data in the

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43649

desired format. The IRS is soliciting request for OMB approval. All SUPPLEMENTARY INFORMATION: comments concerning Taxpayer comments will become a matter of Title: Modification of Notice 2005–04; Statement Regarding Refund. The public record. Comments are invited on: Biodiesel and Aviation-Grade Kerosene. information and taxpayer signature are (a) Whether the collection of OMB Number: 1545–1915. needed to begin the tracing action. information is necessary for the proper Notice Number: Notice 2005–62. DATES: Written comments should be performance of the functions of the Abstract: Notice 2005–04 provides received on or before September 15, agency, including whether the guidance on certain excise tax Code 2020 to be assured of consideration. information shall have practical utility; provisions that were added or effected (b) the accuracy of the agency’s estimate ADDRESSES: Direct all written comments by the American Jobs Creation Act of to Kinna Brewington, Internal Revenue of the burden of the collection of 2004. The information will be used by Service, Room 6526, 1111 Constitution information; (c) ways to enhance the the IRS to verify that the proper amount quality, utility, and clarity of the Avenue NW, Washington, DC 20224. of tax is reported, excluded, refunded, information to be collected; (d) ways to Requests for additional information or or credited. This notice is modified and minimize the burden of the collection of copies of the form and instructions expanded by Notices 2005–24, 2005–62, information on respondents, including should be directed to LaNita Van Dyke, and 2005–80. through the use of automated collection Internal Revenue Service, Room 6526, Current Actions: There are no changes techniques or other forms of information 1111 Constitution Avenue NW, being made to the notice at this time. technology; and (e) estimates of capital Washington, DC 20224 or through the Type of Review: Extension of a or start-up costs and costs of operation, internet at [email protected]. currently approved collection. maintenance, and purchase of services Affected Public: Business or other for- SUPPLEMENTARY INFORMATION: to provide information. Title: Taxpayer Statement Regarding profit organizations, not-for-profit Refund. Approved: July 1, 2020. institutions, farms, Federal, state, local OMB Number: 1545–1384. Chakinna B. Clemons, or tribal governments. Form Number: 3911. Supervisory Tax Analyst. Estimated Number of Responses: Abstract: Form 3911 is used by [FR Doc. 2020–15439 Filed 7–16–20; 8:45 am] 157,963. taxpayers to notify the IRS that a tax BILLING CODE 4830–01–P Estimated Time per Respondent: .48 refund previously claimed has not been hours. received. The form is normally Estimated Total Annual Burden completed by the taxpayer as the result DEPARTMENT OF THE TREASURY Hours: 76,190. of an inquiry in which the taxpayer The following paragraph applies to all claims non-receipt, loss, theft, or Internal Revenue Service of the collections of information covered destruction of a tax refund and IRS by this notice: Proposed Collection; Comment An agency may not conduct or research shows that the refund has been Request for Notice 2005–62 issued. The information on the form is sponsor, and a person is not required to needed to clearly identify the refund to AGENCY: Internal Revenue Service (IRS), respond to, a collection of information be traced. Treasury. unless the collection of information Current Actions: There are no changes ACTION: Notice and request for displays a valid OMB control number. being made to the form at this time. comments. Books or records relating to a collection Type of Review: Extension of a of information must be retained as long currently approved collection. SUMMARY: The Internal Revenue Service, as their contents may become material Affected Public: Individuals or as part of its continuing effort to reduce in the administration of any internal households, business or other for-profit paperwork and respondent burden, revenue law. Generally, tax returns and organizations, and not-for-profit invites the general public and other tax return information are confidential, institutions. Federal agencies to take this as required by 26 U.S.C. 6103. Estimated Number of Respondents: opportunity to comment on proposed Request for Comments: Comments 200,000. and/or continuing information submitted in response to this notice will Estimated Time per Response: 5 collections, as required by the be summarized and/or included in the minutes. Paperwork Reduction Act of 1995. request for OMB approval. All Estimated Total Annual Burden Currently, the IRS is soliciting comments will become a matter of Hours: 16,600. comments concerning Notice 2005–62, public record. Comments are invited on: The following paragraph applies to all Modification of Notice 2005–04; (a) Whether the collection of of the collections of information covered Biodiesel and Aviation-Grade Kerosene. information is necessary for the proper by this notice: DATES: Written comments should be performance of the functions of the An agency may not conduct or received on or before September 15, agency, including whether the sponsor, and a person is not required to 2020 to be assured of consideration. information shall have practical utility; respond to, a collection of information ADDRESSES: Direct all written comments (b) the accuracy of the agency’s estimate unless the collection of information to Kinna Brewington, Internal Revenue of the burden of the collection of displays a valid OMB control number. Service, Room 6526, 1111 Constitution information; (c) ways to enhance the Books or records relating to a collection Avenue NW, Washington, DC 20224. quality, utility, and clarity of the of information must be retained as long FOR FURTHER INFORMATION CONTACT: information to be collected; (d) ways to as their contents may become material Requests for additional information or minimize the burden of the collection of in the administration of any internal copies of the form and instructions information on respondents, including revenue law. Generally, tax returns and should be directed to LaNita Van Dyke, through the use of automated collection tax return information are confidential, (202) 317–6007, at Internal Revenue techniques or other forms of information as required by 26 U.S.C. 6103. Service, Room 6526, 1111 Constitution technology; and (e) estimates of capital Request for Comments: Comments Avenue NW, Washington, DC 20224, or or start-up costs and costs of operation, submitted in response to this notice will through the internet at maintenance, and purchase of services be summarized and/or included in the [email protected]. to provide information.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 43650 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

Approved: July 6, 2020. IV. Approval of Minutes From January VIII. Certificates of Deposit—UCR Chakinna B. Clemons, 27, 2020 Meeting—Subcommittee Chair Depository Manager Supervisory Tax Analyst. For Discussion and Possible For Discussion and Possible [FR Doc. 2020–14994 Filed 7–16–20; 8:45 am] Subcommittee Action Subcommittee Action BILLING CODE 4830–01–P • The UCR Depository Manager will Draft minutes from the January 27, provide a report on activities required to 2020 Finance Subcommittee meeting redeem one certificate of deposit at the UNIFIED CARRIER REGISTRATION will be reviewed. The Subcommittee Bank of North Dakota scheduled to PLAN will consider action to approve. mature on August 5, 2020 as well as Sunshine Act Meeting V. Proposed Policy for UCR Board Fee discuss the need to reinvest proceeds Recommendations—UCR Depository from the matured CD. The TIME AND DATE: July 23, 2020, from Noon Manager Subcommittee may take action to to 2:00 p.m., Eastern time. recommend adoption of the CD PLACE: This meeting will be accessible For Discussion and Possible reinvestment proposal to the Board. Subcommittee Action via conference call and via Zoom IX. Board Insurance—UCR Depository Meeting and Screenshare. Any The UCR Depository Manager will Manager interested person may call (i) 1–929– 205–6099 (U.S. Toll) or 1–669–900– present a draft of a proposed policy For Discussion and Possible 6833 (U.S. Toll) or (ii) 1–877–853–5247 regarding recommendations by the Subcommittee Action (U.S. Toll Free) or 1–888–788–0099 Board to the Secretary of the U.S. The UCR Depository Manager will (U.S. Toll Free), Meeting ID: 952 5849 Department of Transportation regarding provide an update on plans to procure 8325, to listen and participate in this possible UCR fee changes that the Board insurance for the UCR Board and meeting. The website to participate via may recommend from time-to-time as Officers (Directors and Officers and Zoom Meeting and Screenshare is conditions warrant. The policy will Cybersecurity policies). The https://kellen.zoom.us/j/95258498325. include a general-purpose description, Subcommittee may take action to STATUS: This meeting will be open to the guidelines for interacting with the recommend adoption of the proposal to public. Federal Motor Carrier Safety the Board. MATTERS TO BE CONSIDERED: The Unified Administration (FMCSA), timelines regarding submission of fee change X. Review 2020 Administrative Carrier Registration Plan Finance Expenses Through June 30, 2020—UCR recommendations, and the methodology Subcommittee (the ‘‘Subcommittee’’) Depository Manager will continue its work in developing that will be used to quantify fee and implementing the Unified Carrier changes. The Subcommittee may take The UCR Depository Manager will Registration Plan and Agreement. The action to recommend adoption of the present the administrative costs subject matter of this meeting will proposed policy to the Board. incurred for the period of January 1, include: 2020 through June 30, 2020, compare to VI. Proposed Amendment to Refunds the budget for the same time-period, and Proposed Agenda Procedure—UCR Depository Manager discuss all significant variances. I. Call to Order—UCR Subcommittee For Discussion and Possible XI. Review 2021 Proposed Chair Subcommittee Action Administrative Budget—UCR The Subcommittee Chair will Depository Manager The UCR Depository Manager will welcome attendees, call the meeting to present a draft of a proposed For Discussion and Possible order, call roll for the Subcommittee, Subcommittee Action confirm whether a quorum is present, amendment regarding the issuance of and facilitate self-introductions. refunds, especially when related to The UCR Depository Manager will refunding permitting services that present the preliminary budget for II. Verification of Publication of Meeting register motor carriers without consent. administrative operating expenses Notice—UCR Executive Director The Subcommittee may take action to planned during the calendar year 2021. The UCR Executive Director will recommend adoption of the proposed The Subcommittee may take action to verify the publication of the meeting amendment to the Board. recommend adoption of a 2021 notice on the UCR website and proposed administrative budget to the VII. UCR Investments—UCR Depository distribution to the UCR contact list via Board. Manager email followed by the subsequent XII. Review 2022–2023 Proposed publication of the notice in the Federal For Discussion and Possible Administrative Budgets—UCR Register. Subcommittee Action Depository Manager III. Review and Approval of Representatives from the Bank of For Discussion and Possible Subcommittee Agenda and Setting of North Dakota and Truist Bank (formerly Subcommittee Action Ground Rules—Subcommittee Chair SunTrust) will discuss the current The UCR Depository Manager will For Discussion and Possible investment landscape with the present the preliminary budgets for Subcommittee Action Subcommittee and potentially offer administrative operating expenses The Subcommittee Agenda will be recommendations for investment planned during the calendar years reviewed, and the Subcommittee will options within current economic 2022–2023 that will be used to establish consider adoption. conditions. (Each presentation to last the amount of the Administrative approximately 15 minutes). The Reserve. The Subcommittee may take Ground Rules Subcommittee may take action to action to recommend adoption of a Subcommittee action only to be taken in recommend potential investment 2022–2023 proposed administrative designated areas on agenda options to the Board. budget to the Board.

VerDate Sep<11>2014 18:12 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43651

XIII. Update on Current Financial distribution to states for the 2020 The agenda will be available no later Reserve Funds—UCR Depository registration year expected to be than 5:00 p.m. Eastern time, July 14, Manager completed in August. The 2020 at: https://plan.ucr.gov. Subcommittee may take action to The UCR Depository Manager will CONTACT PERSON FOR MORE INFORMATION: discuss the two financial reserves recommend to the Board adoption of final 2020 distributions to the states. Elizabeth Leaman, Chair, Unified authorized by the Board, compare them Carrier Registration Plan Board of to current bank account balances, and XV. Other Business—Subcommittee Directors, (617) 305–3783, eleaman@ address any over/under-funding of the Chair board.ucr.gov. accounts including plans to address funding differences. The Subcommittee Chair will call for Alex B. Leath, any other items the Subcommittee XIV. Final 2020 Distributions to States— Chief Legal Officer, Unified Carrier members would like to discuss. UCR Depository Manager Registration Plan. [FR Doc. 2020–15605 Filed 7–15–20; 11:15 am] For Discussion and Possible XVI. Adjournment—Subcommittee Subcommittee Action Chair BILLING CODE 4910–YL–P The UCR Depository Manager will The Subcommittee Chair will adjourn present a proposed plan for the final the meeting.

VerDate Sep<11>2014 19:23 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00120 Fmt 4703 Sfmt 9990 E:\FR\FM\17JYN1.SGM 17JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Vol. 85 Friday, No. 138 July 17, 2020

Part II

Federal Retirement Thrift Investment Board

Privacy Act of 1974; System of Records; Notice

VerDate Sep<11>2014 19:47 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 43654 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

FEDERAL RETIREMENT THRIFT employment and contract positions, will be, in litigation with the Agency, as INVESTMENT BOARD including students, interns, or well as the attorneys representing the volunteers to the extent their duties plaintiff(s) or defendant(s), response to Privacy Act of 1974; System of require access to federal facilities, claims by employees, former employees, Records information systems, or applications. and other individuals; to assist in the FRTIB–5, Employee Payroll, Leave, settlement of claims against the AGENCY: Federal Retirement Thrift and Attendance Records: Records government; to represent FRTIB during Investment Board (FRTIB). contained in this system are used to litigation; and to catalog, investigate, ACTION: Notice of a modified system of perform agency functions involving litigate, or otherwise resolve any case or records. employee leave, attendance, and matter handled by the Office of General payments, including determinations Counsel. SUMMARY: Pursuant to the Privacy Act of relating to the amounts to be paid to FRTIB–15, Internal Investigations of 1974, the Federal Retirement Thrift employees, the distribution of pay Harassment and Hostile Work Investment Board (FRTIB) proposes to according to employee directions (for Environment Allegations: Records modify multiple existing systems of allotments, to financial institutions, and contained in this system are maintained records notices to provide updated for other authorized purposes), and for for the purpose of upholding FRTIB’s routine uses in accordance with OMB tax withholdings and other authorized policy to provide for a work Memorandum M–17–12, to update the deductions. environment free from all forms of format in accordance with OMB FRTIB–7, Contractor and Consultant harassment, including sexual Circular A–108, and to provide Records: Records contained in this harassment, and harassment on the descriptions of previously published system are used to collect and maintain basis of race, color, gender, national routine uses for purposes of consistency records on FRTIB contracts and origin, religion, sexual orientation, age, and transparency. Contact information consultants. genetic information, reprisal, parental is also being provided for the system FRTIB–9, Emergency Notification status, or disability. manager. Files: Records contained in this system FRTIB–16, Congressional DATES: These systems will become are used for contacting FRTIB Correspondence Files: Records effective upon publication in today’s personnel, including FRTIB employees contained in this system are maintained Federal Register, with the exception of and contractors, and other individuals to catalog and respond to the routine uses which will be effective to respond to all emergencies, including correspondence received from on August 17, 2020. FRTIB invites technical, manmade or natural disaster, congressional offices. written comments on the routine uses or other event affecting FRTIB FRTIB–17, Telework and Alternative and other aspects of this system of operations, and to contact FRTIB Work Schedule Records: Records records. Submit any comments by personnel’s emergency contacts in the contained in this system are collected August 17, 2020. event of an emergency. Information and maintained on prospective, current, from this system of records is also used and former FRTIB employees who have ADDRESSES: You may submit written to prepare organizational charts, recall participated in, presently participate in, comments to FRTIB by any one of the and emergency notification rosters, and or have sought to participate in FRTIB’s following methods: directories for business continuity Telework Program. • Federal eRulemaking Portal: http:// planning purposes, locate individuals FRTIB–18, Reasonable www.regulations.gov. Follow the on routine and/or emergency matters; Accommodation Records: Records website instructions for submitting locate individuals during medical contained in this system are collected comments. emergencies, facility evacuations and to: (1) Allow FRTIB to collect and • Fax: 202–942–1676. similar situations involving threats; and maintain records on prospective, • Mail or Hand Delivery: Office of similar administrative uses requiring current, and former employees with General Counsel, Federal Retirement personnel data. disabilities who request or receive a Thrift Investment Board, 77 K Street NE, FRTIB–12, Debt Collection Records: reasonable accommodation by FRTIB; Suite 1000, Washington, DC 20002. Records contained in this system are (2) to track and report the processing of FOR FURTHER INFORMATION CONTACT: used to maintain a record of individuals requests for FRTIB-wide reasonable Megan Grumbine, General Counsel and and entities that are indebted to the accommodations to comply with Senior Agency Official for Privacy, Board, a Federal agency, or a applicable laws and regulations; and (3) Federal Retirement Thrift Investment Government corporation including, but to preserve and maintain the Board, Office of General Counsel, 77 K not limited to: participants, confidentiality of medical information Street NE, Suite 1000, Washington, DC beneficiaries, and alternate payees of the submitted by or on behalf of applicants 20002, (202) 942–1600. For access to Thrift Savings Plan; current and former or employees requesting a reasonable any of the FRTIB’s systems of records, employees of the FRTIB; and accommodation. contact Amanda Haas, FOIA Officer, individuals who received payments to FRTIB–19, Freedom of Information Office of General Counsel, at the above which they are not entitled. The records Act Records: Records contained in this address and phone number. ensure that: Appropriate collection system are collected to support the SUPPLEMENTARY INFORMATION: action on debtors’ accounts is taking processing of record access requests Descriptions of each system of record and properly tracked, monies collected made pursuant to the FOIA, whether are below. are credited, and funds are returned to FRTIB receives such requests directly FRTIB–2, Personnel Security the Board or appropriate agency at the from the requestor or via referral from Investigation Files: Records contained time the account is collected or closed. another agency. In addition, this system in this system are used to document and FRTIB–14, Legal Case Files: Records is used to support litigation arising from support decisions regarding clearance contained in this system are used to such requests and appeals, and to assist for access to sensitive FRTIB assist FRTIB attorneys in providing legal FRTIB in carrying out any other information, and the ability to receive advice to FRTIB personnel on a wide responsibilities under the FOIA. the suitability, eligibility, and fitness for variety of legal issues; to collect the On May 22, 2007, OMB issued service of applicants for federal information of any individual who is, or Memorandum M–07–16, Safeguarding

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43655

Against and Responding to the Breach Review, Reporting, and Publication CATEGORIES OF INDIVIDUALS COVERED BY THE of Personally Identifiable Information, under the Privacy Act, appendix II. SYSTEM: to the heads of all executive In accordance with 5 U.S.C. 552a(r), Individuals who require regular, departments and agencies. OMB the Agency has provided a report to ongoing access to FRTIB facilities, required agencies to publish a routine OMB and to Congress on this notice of information technology systems, or use for their systems of records modified systems of records. sensitive information, including current specifically applying to the disclosure of and former applicants for employment information in connection with Megan Grumbine, or contracts, federal employees, response and remedial efforts in the General Counsel and Senior Agency Official government contractors, students, event of a breach of personally for Privacy. interns, volunteers, affiliates, experts, identifiable information. FRTIB instructors, and consultants to federal SYSTEM NAME AND NUMBER: published a notice in the Federal programs who undergo a background Register, 80 FR 43428 (July 22, 2015), FRTIB–2, Personnel Security investigation for the purposes of creating new general routine uses, Investigation Files. determining suitability for employment, including one pertaining to breach contractor fitness, credentialing for mitigation and notification, as required SECURITY CLASSIFICATION: HSPD–12, and/or access to FRTIB by OMB M–07–16. Most personnel identity verification facilities or information technology On January 3, 2017, OMB issued records are not classified. However, in systems. This system also includes Memorandum M–17–12, Preparing for some cases, records of certain individuals accused of security and Responding to a Breach of individuals, or portions of some records violations or found in violation of Personally Identifiable Information, to may be classified in the interest of FRTIB’s security policies. the heads of all executive departments national security. and agencies. OMB Memorandum M– CATEGORIES OF RECORDS IN THE SYSTEM: 17–12 rescinds and replaces OMB SYSTEM LOCATION: Name; former names; date and place Memorandum M–07–16 and updates of birth; Social Security number; home agency routine use requirements for Federal Retirement Thrift Investment Board, 77 K Street NE, Suite 1000, address; email address(es); phone responding to a breach. Specifically, numbers; employment history; OMB Memorandum M–17–12 requires Washington, DC 20002. Records may also be kept at an additional location as residential history; education and all Senior Agency Officials for Privacy degrees earned; citizenship; passport to ensure that their agency’s System of backup for Business Continuity information; names, date and place of Records Notices include a routine use purposes. For background investigations birth, Social Security number, and for the disclosure of information adjudicated by the Office of Personnel citizenship information for spouse or necessary to respond to a breach of the Management (OPM), OPM may retain cohabitant; the name and marriage agency’s personally identifiable copies of those files pursuant to OPM/ information for current and former information. Additionally, OMB Central-9, Personnel Investigations spouse(s); names of associates and Memorandum M–17–12 requires Records. references and their contact agencies to add a routine use to ensure information; names, dates and places of that agencies are able to disclose records SYSTEM MANAGER(S): birth, citizenship, and address of in their systems of records that may Chief, Business Continuity and relatives; names of relatives who work reasonably be needed by another agency Security Services Division, 77 K Street in responding to a breach. To satisfy the for the federal government; information NE, Suite 1000, Washington, DC 20002, on foreign contacts and activities; routine use requirements in OMB (202) 942–1600. Memorandum M–17–12, FRTIB is association records; information on loyalty to the United States; criminal issuing this notice in the Federal AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Register to modify the systems of history; mental health history; 5 U.S.C. 3301; 44 U.S.C. 3101; E.O. records notices that lack this routine information pertaining to drug use; 10450; E.O. 13488; 5 CFR 731 and 736; use. financial information; fingerprints; Pursuant to OMB Memorandum M– 61 FR 6428; and Homeland Security information from the Internal Revenue 17–12, this notice: (1) Rescinds the Presidential Directive 12. Service pertaining to income tax breach response routine use published returns; credit reports; information PURPOSE(S) OF THE SYSTEM: at 80 FR 43428 (July 22, 2015); (2) pertaining to security clearances; other revises the breach response routine use The records in this system of records agency reports furnished to FRTIB in for the FRTIB systems of records, listed are used to document and support connection with the background below; and (3) adds a new routine use decisions regarding clearance for access investigation process; summaries of to the systems of records, listed below, to sensitive FRTIB information, the personal and third party interviews to ensure that the Agency can assist ability to receive and the suitability, conducted during the background another agency in responding to a eligibility, and fitness for service of investigation; results of suitability confirmed or suspected breach, as applicants for federal employment and decisions; level of security clearance; appropriate. The routine uses have been contract positions, including students, date of issuance of security clearance; renumbered to incorporate the changes interns, or volunteers to the extent their including, but not limited to forms such in these routine uses. The FRTIB has duties require access to federal facilities, as SF–85, SF–85P, SF–86, SF–87, SF– also included a contact phone number information systems, or applications. 306; FD–258; and other information for each associated system manager. The records may also be used to help generated from above, where applicable. Finally, the FRTIB is making non- streamline and make more efficient the Records pertaining to security substantive revisions to the system of investigations and adjudications process violations may contain information records notice to align with the Office generally. The records may also be used pertaining to circumstances of the of Management and Budget’s to document security violations and violation; witness statements, recommended model in Circular A–108, supervisory actions taken in response to investigator’s notes, security violations; Federal Agency Responsibilities for such violations. agency action taken; requests for appeal;

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 43656 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

and documentation of agency action information is relevant and necessary to regulation, order, license, or treaty taken in response to security violations. a FRTIB decision concerning the hiring where FRTIB determines that the or retention of an employee, the information would assist in the RECORD SOURCE CATEGORIES: issuance of a security clearance, the enforcement of civil or criminal laws. Information is obtained from a variety reporting of an investigation of an 8. Routine Use—Law Enforcement of sources including the employee, employee, the letting of a contract, or Referrals: A record from this system of contractor, or applicant via use of the the issuance of a license, grant or other records may be disclosed to an SF–85, SF–85P, SF–86 SF–306, or SF– benefit and when disclosure is appropriate federal, state, tribal, local, 87, personal interviews with various appropriate to the proper performance international, or foreign agency or other individuals, including, but not limited of the official duties of the person appropriate authority charged with to the subject of the investigation, making the request. investigating or prosecuting a violation witnesses, present and former 3. Routine Use—Congressional or enforcing or implementing a law, employers, references, neighbors, Inquiries: A record from this system of rule, regulation, or order, where a friends, co-workers, business associates, records may be disclosed to a record, either on its face or in teachers, landlords, family members, or Congressional office from the record of conjunction with other information, other associates who may have an individual in response to an inquiry indicates a violation or potential information about the subject of the from that Congressional office made at violation of law, which includes investigation; investigative records and the request of the individual to whom criminal, civil, or regulatory violations notices of personnel actions furnished the record pertains. and such disclosure is proper and by other federal agencies; records from 4. Routine Use—Contractors, et al.: A consistent with the official duties of the employers and former employers; public record from this system of records may person making the disclosure. records, such as court filings; be disclosed to contractors, grantees, 9. Routine Use—Litigation, DOJ or publications such as newspapers, experts, consultants, the agents thereof, Outside Counsel: A record from this magazines, and periodicals; FBI and others performing or working on a system of records may be disclosed to criminal history records and other contract, service, grant, cooperative the Department of Justice, FRTIB’s databases; police departments; agreement, or other assignment for outside counsel, other federal agency probation officials; prison officials FRTIB, when necessary to accomplish conducting litigation or in proceedings financial institutions and credit reports; an agency function related to this before any court, adjudicative or tax records; medical records and health system of records. Individuals provided administrative body, when: (1) FRTIB, care providers; and educational information under this routine use are or (b) any employee of FRTIB in his or institutions. Security violation subject to the same Privacy Act her official capacity, or (c) any information is obtained from a variety of requirements and limitations on employee of FRTIB in his or her sources, such as guard reports, security disclosure as are applicable to FRTIB individual capacity where DOJ or FRTIB inspections, witnesses, supervisor’s officers and employees. has agreed to represent the employee, or reports, audit reports. 5. Routine Use—Former Employees: A (d) the United States or any agency record from this system of records may thereof, is a party to the litigation or has ROUTINE USES OF RECORDS MAINTAINED IN THE be disclosed to a former employee of the an interest in such litigation, and FRTIB SYSTEM, INCLUDING CATEGORIES OF USERS AND FRTIB, in accordance with applicable determines that the records are both PURPOSES OF SUCH USES: regulations, for purposes of responding relevant and necessary to the litigation Information about covered to an official inquiry by a federal, state, and the use of such records is individuals may be disclosed without or local government entity or compatible with the purpose for which consent as permitted by the Privacy Act professional licensing authority; or FRTIB collected the records. of 1974, 5 U.S.C. 552a(b), and: facilitating communications with a 10. Routine Use—Litigation, 1. Routine Use—Audit: A record from former employee that may be necessary Opposing Counsel: A record from this this system of records may be disclosed for personnel-related or other official system of records may be disclosed to a to an agency, organization, or individual purposes where the FRTIB requires court, magistrate, or administrative for the purpose of performing an audit information or consultation assistance tribunal in the course of presenting or oversight operations as authorized by from the former employee regarding a evidence, including disclosures to law, but only such information as is matter within that person’s former area opposing counsel or witnesses in the necessary and relevant to such audit or of responsibility. course of civil discovery, litigation, or oversight function when necessary to 6. Routine Use—Investigations, Third settlement negotiations or in connection accomplish an agency function related Parties: A record from this system of with criminal law proceedings or in to this system of records. Individuals records may be disclosed to third parties response to a subpoena. provided information under this routine during the course of a law enforcement 11. Routine Use—NARA/Records use are subject to the same Privacy Act investigation to the extent necessary to Management: A record from this system requirements and limitations on obtain information pertinent to the of records may be disclosed to the disclosure as are applicable to FRTIB investigation, provided disclosure is National Archives and Records officers and employees. appropriate to the proper performance Administration (NARA) or other federal 2. Routine Use—Clearance Processing: of the official duties of the third party government agencies pursuant to the A record from this system of records officer making the disclosure. Federal Records Act. may be disclosed to an appropriate 7. Routine Use—Investigations, Other 12. Routine Use—Redress: A record federal, state, local, tribal, foreign, or Agencies: A record from this system of from this system of records may be international agency, if the information records may be disclosed to appropriate disclosed to a federal, state, tribal, local, is relevant and necessary to a requesting federal, state, local, tribal, or foreign international, or foreign government agency’s decision concerning the hiring government agencies or multilateral agency or entity for the purpose of or retention of an individual, or governmental organizations for the consulting with that agency or entity: (1) issuance of a security clearance, purpose of investigating or prosecuting To assist in making a determination background investigation, license, the violations of, or for enforcing or regarding redress for an individual in contract, grant, or other benefit, or if the implementing, a statute, rule, connection with the operations of a

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43657

FRTIB program; (2) for the purpose of organization may then make a request individuals, the recipient agency or verifying the identity of an individual supported by the written consent of the entity (including its information seeking redress in connection with the individual for the entire record if it so systems, programs, and operations), the operations of a FRTIB program; or (3) for chooses. No disclosure will be made Federal Government, or national the purpose of verifying the accuracy of unless the information has been security, resulting from a suspected or information submitted by an individual determined to be sufficiently reliable to confirmed breach. who has requested such redress on support a referral to another office POLICIES AND PRACTICES FOR STORAGE OF behalf of another individual. within the agency or to another Federal RECORDS: 14. Routine Use—Security Threat: A agency for criminal, civil, record from this system of records may administrative personnel or regulatory Records are maintained in paper and be disclosed to federal and foreign action. electronic form, including on computer government intelligence or 19. Routine Use—News Media, Public databases, all of which are stored in a counterterrorism agencies when FRTIB Interest: A record from this system of secure location. reasonably believes there to be a threat records may be disclosed to the news POLICIES AND PRACTICES FOR RETRIEVAL OF or potential threat to national or media or the general public, factual RECORDS: international security for which the information the disclosure of which Background investigation files are information may be useful in countering would be in the public interest and retrieved by any one or more of the the threat or potential threat, when which would not constitute an following identifiers: Name; Social FRTIB reasonably believes such use is to unwarranted invasion of personal Security number; or other unique assist in anti-terrorism efforts, and privacy, consistent with Freedom of identifier of the individual about whom disclosure is appropriate to the proper Information Act standards. they are maintained. performance of the official duties of the 20. Routine Use—National Security: A person making the disclosure. record from this system of records may POLICIES AND PRACTICES FOR RETENTION AND 15. Routine Use—Retention of be disclosed to a Federal, State, or local DISPOSAL OF RECORDS: Employee by Authorized Entity: A agency, or other appropriate entities or These records are retained and record from this system of records may individuals, or through established disposed of in accordance with General be disclosed to any authorized source or liaison channels to selected foreign Records Schedule 18, item 22a, potential source from which governments, in order to enable an approved by the National Archives and information is requested in the course of intelligence agency to carry out its Records Administration (NARA). The an investigation concerning the responsibilities under the National records are disposed in accordance with retention of an employee or other Security Act of 1947 as amended, the FRTIB disposal policies which call for personnel action (other than hiring), or CIA Act of 1949 as amended, Executive burning or shredding or deleting from the retention of a security clearance, Order 12333 or any successor order, the Agency’s electronic record keeping contact, grant, license, or other benefit, applicable national security directives, systems. Records are destroyed upon to the extent necessary to identify the or classified implementing procedures notification of death or not later than individual, to inform the source of the approved by the Attorney General and five years after separation or transfer of nature and purpose of the investigation, promulgated pursuant to such statutes, employee to another agency or or to identify the type of information orders or directives department, whichever is applicable. 21. Routine Use—Breach Mitigation requested. ADMINISTRATIVE, TECHNICAL, AND PHYSICAL 16. Routine Use—Labor Relations: A and Notification: A record from this SAFEGUARDS: record from this system of records may system of records may be disclosed to FRTIB has adopted appropriate be disclosed to OPM, the Merit Systems appropriate agencies, entities, and administrative, technical, and physical Protection Board, the Federal Labor persons when (1) FRTIB suspects or has controls in accordance with FRTIB’s Relations Authority, the Office of confirmed that there has been a breach security program to protect the security, of the system of records, (2) FRTIB has Special Counsel, or the Equal confidentiality, availability, and determined that as a result of the Employment Opportunity Commission integrity of the information, and to suspected or confirmed breach there is to carry out its respective authorized ensure that records are not disclosed to a risk of harm to individuals, FRTIB functions (under 5 U.S.C. 1103, 1204, or accessed by unauthorized (including its information systems, and 7105 and 42 U.S.C. 2000e–4, in that individuals. order). programs, and operations), the Federal Paper records are stored in locked file 17. Routine Use—Private Relief Government, or national security; and cabinets in areas of restricted access that Legislation: A record from this system of (3) the disclosure made to such are locked after office hours. Electronic records may be disclosed to the Office agencies, entities, and persons is records are stored on computer of Management and Budget when reasonably necessary to assist in networks and protected by assigning necessary to the review of private relief connection with FRTIB’s efforts to usernames to individuals needing legislation pursuant to OMB Circular respond to the suspected or confirmed access to the records and by passwords No. A–19. breach or to prevent, minimize, or set by unauthorized users that must be 18. Routine Use—Retention of remedy such harm. changed periodically. Employee by Public Entity: A record 22. Routine Use—Response to Breach from this system of records may be of Other Records: A record from this RECORD ACCESS PROCEDURES: disclosed to a Federal, State, local, system of records may be disclosed to Individuals seeking to determine foreign, or tribal or other public another Federal agency or Federal whether this system of records contains authority the fact that this system of entity, when FRTIB determines that information about themselves should records contains information relevant to information from this system of records submit a written request to the the retention of an employee, the is reasonably necessary to assist the appropriate entity below, and include retention of a security clearance, the recipient agency or entity in (1) the following information: letting of a contract, or the issuance or responding to a suspected or confirmed a. Full name; retention of a license, grant, or other breach or (2) preventing, minimizing, or b. Any available information benefit. The other agency or licensing remedying the risk of harm to regarding the type of record involved;

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 43658 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

c. The address to which the record SYSTEM NAME AND NUMBER: the number and type of hours worked; information should be sent; and FRTIB–5, Employee Payroll, Leave, overtime information, including d. You must sign your request. and Attendance Records. compensatory or credit time earned and 1. For records maintained by FRTIB, used; compensatory travel earned; submit a written request to the FOIA SECURITY CLASSIFICATION: investigative case title and tracking Officer, FRTIB, 77 K Street NE, Unclassified. number (used to track time worked Washington, DC 20002; or SYSTEM LOCATION: associated with a specific case); Fair 2. For records maintained by the Labor Standards Act (FLSA) Office of Personnel Management, submit Federal Retirement Thrift Investment compensation; leave requests, balances, a written request to the FOI/PA, Office Board, 77 K Street NE, Suite 1000, and credits; leave charge codes; military of Personnel Management, Federal Washington, DC 20002. Records may leave; and medical records as they Investigative Services, P.O. Box 618, also be kept at an additional location as pertain to employee medical leave. 1137 Branchton Road, Boyers, PA backup for Business Continuity 16018–0618. purposes. RECORD SOURCE CATEGORIES: Attorneys or other persons acting on SYSTEM MANAGER(S): Subject individuals; subject individuals’ supervisor(s); subject behalf of an individual must provide For payroll records, FRTIB’s Human written authorization from that individuals’ timekeeper(s); and the Resources Officer, 77 K Street NE, Suite Office of Personnel Management. individual, such as a Power of Attorney, 1000, Washington, DC 20002, (202) 942– in order for the representative to act on 1600. For leave and attendance records, ROUTINE USES OF RECORDS MAINTAINED IN THE their behalf. Individuals requesting FRTIB’s Administrative Officer, 77 K SYSTEM, INCLUDING CATEGORIES OF USERS AND access must also comply with FRTIB’s Street NE, Suite 1000, Washington, DC PURPOSES OF SUCH USES: Privacy Act regulations regarding 20002, (202) 942–1600. Information about covered verification of identity and access to individuals may be disclosed without such records, available at 5 CFR part AUTHORITY FOR MAINTENANCE OF THE SYSTEM: consent as permitted by the Privacy Act 1630. 5 U.S.C. 8474; and 44 U.S.C. 3101. of 1974, 5 U.S.C. 552a(b), and: CONTESTING RECORD PROCEDURES: PURPOSE(S) OF THE SYSTEM: 1. Routine Use—Audit: A record from this system of records may be disclosed See Record Access Procedures above. This system of records is maintained to an agency, organization, or individual to perform agency functions involving for the purpose of performing an audit NOTIFICATION PROCEDURES: employee leave, attendance, and See Record Access Procedures above. or oversight operations as authorized by payments, including determinations law, but only such information as is relating to the amounts to be paid to EXEMPTIONS PROMULGATED FOR THE SYSTEM: necessary and relevant to such audit or employees, the distribution of pay oversight function when necessary to Pursuant to 5 U.S.C. 552a(k)(2), according to employee directions (for records in this system of records are accomplish an agency function related allotments, to financial institutions, and to this system of records. Individuals exempt from the requirements of for other authorized purposes), and for subsections (c)(3); (d); (e)(1); (e)(4)(G), provided information under this routine tax withholdings and other authorized use are subject to the same Privacy Act (H), (I); and (f) of 5 U.S.C. 552a. deductions. provided, however, that if any requirements and limitations on individual is denied any right, privilege, CATEGORIES OF INDIVIDUALS COVERED BY THE disclosure as are applicable to FRTIB or benefit that he or she would SYSTEM: officers and employees. otherwise be entitled to by federal law, Current and former FRTIB employees, 2. Routine Use—Clearance Processing: or for which he or she would otherwise including Special Government A record from this system of records be eligible, as a result of the Employees. may be disclosed to an appropriate maintenance of these records, such federal, state, local, tribal, foreign, or material shall be provided to the CATEGORIES OF RECORDS IN THE SYSTEM: international agency, if the information individual, except to the extent that the This system of records includes is relevant and necessary to a requesting disclosure of the material would reveal personnel information including, agency’s decision concerning the hiring the identity of a source who furnished names, addresses, Social Security or retention of an individual, or information to the Government with an numbers, employee numbers, gender, issuance of a security clearance, express promise that the identity of the race or national origin, and disability background investigation, license, source would be held in confidence. data; duty location; position data; contract, grant, or other benefit, or if the Pursuant to 5 U.S.C. 552a(k)(5), awards and bonus information; information is relevant and necessary to records in this system of records are employment verification information; a FRTIB decision concerning the hiring exempt from the requirements of notifications of personnel actions; and or retention of an employee, the subsections (c)(3); (d); (e)(1); (e)(4)(G), military and veterans data. issuance of a security clearance, the (H), (I); and (f) of 5 U.S.C. 552a, but only This system of records also includes reporting of an investigation of an to the extent that the disclosure of such payroll information, including: Marital employee, the letting of a contract, or material would reveal the identity of a status and number of dependents; child the issuance of a license, grant or other source who furnished information to the support enforcement court orders; benefit and when disclosure is Government under an express promise information about taxes and other appropriate to the proper performance that the identity of the source would be deductions; debts owed to the FRTIB of the official duties of the person held in confidence. and garnishment information; salary making the request. data; retirement data; Thrift Savings 3. Routine Use—Congressional HISTORY: Plan contribution and loan amount; and Inquiries: A record from this system of 55 FR 18949 (May 7, 1990); 62 FR direct deposit information, including records may be disclosed to a 59708 (Nov. 4, 1997); 73 FR 50016 (Aug. financial institution. Congressional office from the record of 25, 2008); 77 FR 11534 (Feb. 27, 2012); This system of records also includes an individual in response to an inquiry 80 FR 43428 (July 22, 2015). time and attendance records including, from that Congressional office made at

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43659

the request of the individual to whom collecting law enforcement intelligence international, or foreign government the record pertains. information, whether civil or criminal, agency or entity for the purpose of 4. Routine Use—Contractors, et al.: A or charged with investigating, consulting with that agency or entity: (1) record from this system of records may prosecuting, enforcing or implementing To assist in making a determination be disclosed to contractors, grantees, civil or criminal laws, related rules, regarding redress for an individual in experts, consultants, the agents thereof, regulations or orders, to enable these connection with the operations of a and others performing or working on a entities to carry out their law FRTIB program; (2) for the purpose of contract, service, grant, cooperative enforcement responsibilities, including verifying the identity of an individual agreement, or other assignment for the collection of law enforcement seeking redress in connection with the FRTIB, when necessary to accomplish intelligence. operations of a FRTIB program; or (3) for an agency function related to this 10. Routine Use—Law Enforcement the purpose of verifying the accuracy of system of records. Individuals provided Referrals: A record from this system of information submitted by an individual information under this routine use are records may be disclosed to an who has requested such redress on subject to the same Privacy Act appropriate federal, state, tribal, local, behalf of another individual. requirements and limitations on international, or foreign agency or other 15. Routine Use—Security Threat: A disclosure as are applicable to FRTIB appropriate authority charged with record from this system of records may officers and employees. investigating or prosecuting a violation be disclosed to federal and foreign 5. Routine Use—Debt Collection: A or enforcing or implementing a law, government intelligence or record from this system of records may rule, regulation, or order, where a counterterrorism agencies when FRTIB be disclosed to the Department of record, either on its face or in reasonably believes there to be a threat Justice, the Department of Treasury, or conjunction with other information, or potential threat to national or to a consumer reporting agency for indicates a violation or potential international security for which the collection action on any delinquent violation of law, which includes information may be useful in countering debt, pursuant to 5 U.S.C. 552a(b)(12). criminal, civil, or regulatory violations the threat or potential threat, when 6. Routine Use—Former Employees: A and such disclosure is proper and FRTIB reasonably believes such use is to record from this system of records may consistent with the official duties of the assist in anti-terrorism efforts, and be disclosed to a former employee of the person making the disclosure. disclosure is appropriate to the proper FRTIB, in accordance with applicable 11. Routine Use—Litigation, DOJ or performance of the official duties of the regulations, for purposes of responding Outside Counsel: A record from this person making the disclosure. to an official inquiry by a federal, state, system of records may be disclosed to 16. Routine Use—Disclosure for or local government entity or the Department of Justice, FRTIB’s Purpose of Payment to Employees: A professional licensing authority; or outside counsel, other federal agency record from this system may be facilitating communications with a conducting litigation or in proceedings disclosed to the United States former employee that may be necessary before any court, adjudicative or Department of the Interior, the United for personnel-related or other official administrative body, when: (1) FRTIB, States Department of Labor, and the purposes where the FRTIB requires or (b) any employee of FRTIB in his or United States Department of the information or consultation assistance her official capacity, or (c) any Treasury to effect payments to from the former employee regarding a employee of FRTIB in his or her employees. matter within that person’s former area individual capacity where DOJ or FRTIB 17. Routine Use—Offset of Salary: of responsibility. has agreed to represent the employee, or Payments owed to FRTIB through 7. Routine Use—Investigations, Third (d) the United States or any agency current and former employees may be Parties: A record from this system of thereof, is a party to the litigation or has shared with the Department of the records may be disclosed to third parties an interest in such litigation, and FRTIB Interior for the purposes of offsetting the during the course of a law enforcement determines that the records are both employee’s salary. Payments owed to investigation to the extent necessary to relevant and necessary to the litigation FRTIB through current and former obtain information pertinent to the and the use of such records is employees who become delinquent in investigation, provided disclosure is compatible with the purpose for which repaying the necessary funds may be appropriate to the proper performance FRTIB collected the records. shared with the Department of Treasury of the official duties of the third party 12. Routine Use—Litigation, for the purpose of offsetting the officer making the disclosure. Opposing Counsel: A record from this employee’s salary. 8. Routine Use—Investigations, Other system of records may be disclosed to a 18. Routine Use—Breach Mitigation Agencies: A record from this system of court, magistrate, or administrative and Notification: A record from this records may be disclosed to appropriate tribunal in the course of presenting system may be disclosed to appropriate federal, state, local, tribal, or foreign evidence, including disclosures to agencies, entities, and persons when (1) government agencies or multilateral opposing counsel or witnesses in the FRTIB suspects or has confirmed that governmental organizations for the course of civil discovery, litigation, or there has been a breach of the system of purpose of investigating or prosecuting settlement negotiations or in connection records, (2) FRTIB has determined that the violations of, or for enforcing or with criminal law proceedings or in as a result of the suspected or confirmed implementing, a statute, rule, response to a subpoena. breach there is a risk of harm to regulation, order, license, or treaty 13. Routine Use—NARA/Records individuals, FRTIB (including its where FRTIB determines that the Management: A record from this system information systems, programs, and information would assist in the of records may be disclosed to the operations), the Federal Government, or enforcement of civil or criminal laws. National Archives and Records national security; and (3) the disclosure 9. Routine Use—Law Enforcement Administration (NARA) or other federal made to such agencies, entities, and Intelligence: A record from this system government agencies pursuant to the persons is reasonably necessary to assist of records may be disclosed to a federal, Federal Records Act. in connection with FRTIB’s efforts to state, tribal, local, or foreign government 14. Routine Use—Redress: A record respond to the suspected or confirmed agency or organization, or international from this system of records may be breach or to prevent, minimize, or organization, lawfully engaged in disclosed to a federal, state, tribal, local, remedy such harm.

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 43660 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

19. Routine Use—Response to Breach d. You must sign your request. limited to: Documents, letters, of Other Records: A record from this Attorneys or other persons acting on memorandum of understanding relating system may be disclosed to another behalf of an individual must provide to agreements; rates of pay; payment Federal agency or Federal entity, when written authorization from that records; vouchers; invoices; selection FRTIB determines that information from individual, such as a Power of Attorney, information; Commercial and this system of records is reasonably in order for the representative to act on Government Entity (CAGE) codes; Dun necessary to assist the recipient agency their behalf. Individuals requesting and Bradstreet Data Universal or entity in (1) responding to a access must also comply with FRTIB’s Numbering System (DUNS) numbers; suspected or confirmed breach or (2) Privacy Act regulations regarding supplier status; website; name; address; preventing, minimizing, or remedying verification of identity and access to taxpayer identification number; Social the risk of harm to individuals, the such records, available at 5 CFR part Security numbers; bank information; recipient agency or entity (including its 1630. invoice data; resumes; SAC forms; and information systems, programs, and other information relating to the CONTESTING RECORD PROCEDURES: operations), the Federal Government, or disbursement of funds. This system of national security, resulting from a See Record Access Procedures above. records also contains information suspected or confirmed breach. NOTIFICATION PROCEDURES: pertaining to the negotiation; POLICIES AND PRACTICES FOR STORAGE OF See Record Access Procedures above. implementation; scope; and RECORDS: performance of work. EXEMPTIONS PROMULGATED FOR THE SYSTEM: Records are maintained in paper and None. RECORD SOURCE CATEGORIES: electronic form, including on computer Information in this system of records databases, all of which are stored in a HISTORY: is obtained from the individual to whom secure location. 55 FR 18949 (May 7, 1990); 62 FR it applies or is derived from information POLICIES AND PRACTICES FOR RETRIEVAL OF 66097 (Dec. 17, 1997); 77 FR 11534 supplied by the individual, except RECORDS: (Feb. 27, 2012); 80 FR 43428 (July 22, information provided by Board staff. Records are retrieved by name; or 2015). ROUTINE USES OF RECORDS MAINTAINED IN THE Social Security number. SYSTEM NAME AND NUMBER: SYSTEM, INCLUDING CATEGORIES OF USERS AND POLICIES AND PRACTICES FOR RETENTION AND FRTIB–7, Contractor and Consultant PURPOSES OF SUCH USES: DISPOSAL OF RECORDS: Records. Information about covered Records are maintained in accordance SECURITY CLASSIFICATION: individuals may be disclosed without with the General Records Schedules Unclassified. consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and: issued by the National Archives and SYSTEM LOCATION: Records Administration (NARA) or an 1. Routine Use—Audit: A record from Federal Retirement Thrift Investment FRTIB records disposition schedule. this system of records may be disclosed Board, 77 K Street NE, Suite 1000, to an agency, organization, or individual ADMINISTRATIVE, TECHNICAL, AND PHYSICAL Washington, DC 20002. Records may for the purpose of performing an audit SAFEGUARDS: also be kept at an additional location as or oversight operations as authorized by FRTIB has adopted appropriate backup for Business Continuity law, but only such information as is administrative, technical, and physical purposes. necessary and relevant to such audit or controls in accordance with FRTIB’s SYSTEM MANAGER(S): oversight function when necessary to security program to protect the security, accomplish an agency function related confidentiality, availability, and Chief Procurement Officer, Federal Retirement Thrift Investment Board, 77 to this system of records. Individuals integrity of the information, and to provided information under this routine ensure that records are not disclosed to K Street NE, Suite 1000, Washington, DC 20002, (202) 942–1600. use are subject to the same Privacy Act or accessed by unauthorized requirements and limitations on individuals. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: disclosure as are applicable to FRTIB Paper records are stored in locked file 5 U.S.C. 8474; 5 U.S.C. 3301; and 44 officers and employees. cabinets in areas of restricted access that U.S.C. 3101. 2. Routine Use—Congressional are locked after office hours. Electronic Inquiries: A record from this system of records are stored on computer PURPOSE(S) OF THE SYSTEM: records may be disclosed to a networks and protected by assigning The purpose of this system of records Congressional office from the record of usernames to individuals needing is to collect and maintain records on an individual in response to an inquiry access to the records and by passwords FRTIB contractors and consultants. from that Congressional office made at set by unauthorized users that must be the request of the individual to whom changed periodically. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: the record pertains. RECORD ACCESS PROCEDURES: Individuals retained by formal 3. Routine Use—Contractors, et al.: A Individuals seeking to determine agreement, who: (1) Provide consulting record from this system of records may whether this system of records contains services to the Board; (2) act as advisors be disclosed to contractors, grantees, information about themselves should to the Board, but do not maintain the experts, consultants, the agents thereof, submit a written request to the FOIA independence of action necessary to and others performing or working on a Officer, FRTIB, 77 K Street NE, meet the requirements for classification contract, service, grant, cooperative Washington, DC 20002, and include the as an independent contractor; and (3) agreement, or other assignment for following information: any other individuals who receive FRTIB, when necessary to accomplish a. Full name; payments from FRTIB. an agency function related to this b. Any available information system of records. Individuals provided regarding the type of record involved; CATEGORIES OF RECORDS IN THE SYSTEM: information under this routine use are c. The address to which the record Acquisition data for the procurement subject to the same Privacy Act information should be sent; and of goods and services, including, but not requirements and limitations on

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43661

disclosure as are applicable to FRTIB appropriate authority charged with 14. Routine Use—Security Threat: A officers and employees. investigating or prosecuting a violation record from this system of records may 4. Routine Use—Debt Collection: A or enforcing or implementing a law, be disclosed to federal and foreign record from this system of records may rule, regulation, or order, where a government intelligence or be disclosed to the Department of record, either on its face or in counterterrorism agencies when FRTIB Justice, the Department of Treasury, or conjunction with other information, reasonably believes there to be a threat to a consumer reporting agency for indicates a violation or potential or potential threat to national or collection action on any delinquent violation of law, which includes international security for which the debt, pursuant to 5 U.S.C. 552a(b)(12). criminal, civil, or regulatory violations information may be useful in countering 5. Routine Use—Former Employees: A and such disclosure is proper and the threat or potential threat, when record from this system of records may consistent with the official duties of the FRTIB reasonably believes such use is to be disclosed to a former employee of the person making the disclosure. assist in anti-terrorism efforts, and FRTIB, in accordance with applicable 10. Routine Use—Litigation, DOJ or disclosure is appropriate to the proper regulations, for purposes of responding Outside Counsel: A record from this performance of the official duties of the to an official inquiry by a federal, state, system of records may be disclosed to person making the disclosure. or local government entity or the Department of Justice, FRTIB’s 15. Routine Use—Testing: A record professional licensing authority; or outside counsel, other federal agency from this system of records may be facilitating communications with a conducting litigation or in proceedings disclosed to appropriate federal, state, former employee that may be necessary before any court, adjudicative or local, tribal, or foreign governmental for personnel-related or other official administrative body, when: (1) FRTIB, agencies or multilateral governmental purposes where the FRTIB requires or (b) any employee of FRTIB in his or organizations where FRTIB is aware of information or consultation assistance her official capacity, or (c) any a need to utilize relevant data for from the former employee regarding a employee of FRTIB in his or her purposes of testing new technology and matter within that person’s former area individual capacity where DOJ or FRTIB systems designed to enhance security or of responsibility. has agreed to represent the employee, or identify other violations of law. 6. Routine Use—Investigations, Third (d) the United States or any agency Parties: A record from this system of 16. Routine Use—Payments to thereof, is a party to the litigation or has records may be disclosed to third parties Consultants and Vendors: A record from an interest in such litigation, and FRTIB during the course of a law enforcement this system of records may be disclosed determines that the records are both investigation to the extent necessary to to the United States Department of the obtain information pertinent to the relevant and necessary to the litigation Treasury to effect payments to investigation, provided disclosure is and the use of such records is consultants and vendors, or to verify appropriate to the proper performance compatible with the purpose for which consultants’ and vendors’ eligibility to of the official duties of the third party FRTIB collected the records. receive payments. officer making the disclosure. 11. Routine Use—Litigation, 17. Routine Use—Breach Mitigation 7. Routine Use—Investigations, Other Opposing Counsel: A record from this and Notification: A record from this Agencies: A record from this system of system of records may be disclosed to a system may be disclosed to appropriate records may be disclosed to appropriate court, magistrate, or administrative agencies, entities, and persons when (1) federal, state, local, tribal, or foreign tribunal in the course of presenting FRTIB suspects or has confirmed that government agencies or multilateral evidence, including disclosures to there has been a breach of the system of governmental organizations for the opposing counsel or witnesses in the records, (2) FRTIB has determined that purpose of investigating or prosecuting course of civil discovery, litigation, or as a result of the suspected or confirmed the violations of, or for enforcing or settlement negotiations or in connection breach there is a risk of harm to implementing, a statute, rule, with criminal law proceedings or in individuals, FRTIB (including its regulation, order, license, or treaty response to a subpoena. information systems, programs, and where FRTIB determines that the 12. Routine Use—NARA/Records operations), the Federal Government, or information would assist in the Management: A record from this system national security; and (3) the disclosure enforcement of civil or criminal laws. of records may be disclosed to the made to such agencies, entities, and 8. Routine Use—Law Enforcement National Archives and Records persons is reasonably necessary to assist Intelligence: A record from this system Administration (NARA) or other federal in connection with FRTIB’s efforts to of records may be disclosed to a federal, government agencies pursuant to the respond to the suspected or confirmed state, tribal, local, or foreign government Federal Records Act. breach or to prevent, minimize, or agency or organization, or international 13. Routine Use—Redress: A record remedy such harm. organization, lawfully engaged in from this system of records may be 18. Routine Use—Response to Breach collecting law enforcement intelligence disclosed to a federal, state, tribal, local, of Other Records: A record from this information, whether civil or criminal, international, or foreign government system may be disclosed to another or charged with investigating, agency or entity for the purpose of Federal agency or Federal entity, when prosecuting, enforcing or implementing consulting with that agency or entity: (1) FRTIB determines that information from civil or criminal laws, related rules, To assist in making a determination this system of records is reasonably regulations or orders, to enable these regarding redress for an individual in necessary to assist the recipient agency entities to carry out their law connection with the operations of a or entity in (1) responding to a enforcement responsibilities, including FRTIB program; (2) for the purpose of suspected or confirmed breach or (2) the collection of law enforcement verifying the identity of an individual preventing, minimizing, or remedying intelligence. seeking redress in connection with the the risk of harm to individuals, the 9. Routine Use—Law Enforcement operations of a FRTIB program; or (3) for recipient agency or entity (including its Referrals: A record from this system of the purpose of verifying the accuracy of information systems, programs, and records may be disclosed to an information submitted by an individual operations), the Federal Government, or appropriate federal, state, tribal, local, who has requested such redress on national security, resulting from a international, or foreign agency or other behalf of another individual. suspected or confirmed breach.

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 43662 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

POLICIES AND PRACTICES FOR STORAGE OF verification of identity and access to Street NE, Washington, DC 20002; RECORDS: such records, available at 5 CFR part former employees; and individuals Records are maintained in paper and 1630. designated as emergency points of electronic form, including on computer contact. databases, all of which are stored in a CONTESTING RECORD PROCEDURES: secure location. See Record Access Procedures above. CATEGORIES OF RECORDS IN THE SYSTEM: This system of records contains NOTIFICATION PROCEDURES: POLICIES AND PRACTICES FOR RETRIEVAL OF information regarding the following RECORDS: See Record Access Procedures above. emergency contact information for Contractor and consultant files are EXEMPTIONS PROMULGATED FOR THE SYSTEM: FRTIB employees, and contractor retrieved by any one or more of the personnel: Name; organizational office, following identifiers: Name of the None. HISTORY: 55 FR 18949 (May 7, 1990); or organizational name of contractor; contractor; name of the vendor or title; position and duty status; name of contractor; voucher number and date; or 77 FR 11534 (Feb. 27, 2012); 81 FR 7106 (Feb. 10, 2016). supervisor; any volunteered medical other unique identifier about whom information; office telephone number; they are maintained. SYSTEM NAME AND NUMBER: government or business email address; POLICIES AND PRACTICES FOR RETENTION AND FRTIB–9, Emergency Notification home address; home and cell phone DISPOSAL OF RECORDS: Files. numbers; personal email address(es); the identification of essential and non- Routine procurement files are SECURITY CLASSIFICATION: retained for 6 years and 3 months, in essential employees; and other personal Unclassified. accordance with the General Records contact information. This system also Schedule 3, item 3. Procurement files SYSTEM LOCATION: contains the following information for the FRTIB employee or contractor’s involving investments and other Records are located at the Federal emergency contact: name; relationship information concerning the Thrift Retirement Thrift Investment Board, 77 to FRTIB employee or contractor; work Savings Plan are retained for 99 years. K Street NE, Suite 1000, Washington, address; home address; office telephone DC 20002. Records may also be located ADMINISTRATIVE, TECHNICAL, AND PHYSICAL number; home and cell phone numbers; in additional locations in connection SAFEGUARDS: and email address(es). FRTIB has adopted appropriate with cloud-based services and kept at an administrative, technical, and physical additional location as backup for RECORD SOURCE CATEGORIES: controls in accordance with FRTIB’s Business Continuity purposes. Information is provided by the security program to protect the security, SYSTEM MANAGER(S): individual who is the subject of the record. confidentiality, availability, and Chief, Business Continuity and integrity of the information, and to Security Services Division, 77 K Street ROUTINE USES OF RECORDS MAINTAINED IN THE ensure that records are not disclosed to NE, Suite 1000, Washington, DC 20002, SYSTEM, INCLUDING CATEGORIES OF USERS AND or accessed by unauthorized (202) 942–1600. PURPOSES OF SUCH USES: individuals. Information about covered Paper records are stored in locked file AUTHORITY FOR MAINTENANCE OF THE SYSTEM: individuals may be disclosed without cabinets in areas of restricted access that 5 U.S.C. 8474; 44 U.S.C. 3101; E.O. consent as permitted by the Privacy Act are locked after office hours. Electronic 12656; and Presidential Decision of 1974, 5 U.S.C. 552a(b), and: records are stored on computer Directive 67. 1. Routine Use—Audit: A record from networks and protected by assigning this system of records may be disclosed usernames to individuals needing PURPOSE(S) OF THE SYSTEM: to an agency, organization, or individual access to the records and by passwords This system of records is maintained for the purpose of performing an audit set by unauthorized users that must be for contacting FRTIB personnel, or oversight operations as authorized by changed periodically. including FRTIB employees and contractors, and other individuals to law, but only such information as is RECORD ACCESS PROCEDURES: respond to all emergencies, including necessary and relevant to such audit or Individuals seeking to determine technical, manmade or natural disaster, oversight function when necessary to whether this system of records contains or other event affecting FRTIB accomplish an agency function related information about themselves should operations, and to contact FRTIB to this system of records. Individuals submit a written request to the FOIA personnel’s emergency contacts in the provided information under this routine Officer, FRTIB, 77 K Street NE, Suite event of an emergency. Information use are subject to the same Privacy Act 1000, Washington, DC 20002, and from this system of records is also used requirements and limitations on include the following information: to prepare organizational charts, recall disclosure as are applicable to FRTIB a. Full name; and emergency notification rosters, and officers and employees. b. Any available information directories for business continuity 2. Routine Use—Congressional regarding the type of record involved; planning purposes, locate individuals Inquiries: A record from this system of c. The address to which the record on routine and/or emergency matters; records may be disclosed to a information should be sent; and locate individuals during medical Congressional office from the record of d. You must sign your request. emergencies, facility evacuations and an individual in response to an inquiry Attorneys or other persons acting on similar situations involving threats; and from that Congressional office made at behalf of an individual must provide similar administrative uses requiring the request of the individual to whom written authorization from that personnel data. the record pertains. individual, such as a Power of Attorney, 3. Routine Use—Contractors, et al.: A in order for the representative to act on CATEGORIES OF INDIVIDUALS COVERED BY THE record from this system of records may their behalf. Individuals requesting SYSTEM: be disclosed to contractors, grantees, access must also comply with FRTIB’s Civilian and contractor personnel experts, consultants, the agents thereof, Privacy Act regulations regarding working at the FRTIB located at 77 K and others performing or working on a

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43663

contract, service, grant, cooperative the Department of Justice, FRTIB’s 13. Routine Use—Testing: A record agreement, or other assignment for outside counsel, other federal agency from this system of records may be FRTIB, when necessary to accomplish conducting litigation or in proceedings disclosed to appropriate federal, state, an agency function related to this before any court, adjudicative or local, tribal, or foreign governmental system of records. Individuals provided administrative body, when: (1) FRTIB, agencies or multilateral governmental information under this routine use are or (b) any employee of FRTIB in his or organizations where FRTIB is aware of subject to the same Privacy Act her official capacity, or (c) any a need to utilize relevant data for requirements and limitations on employee of FRTIB in his or her purposes of testing new technology and disclosure as are applicable to FRTIB individual capacity where DOJ or FRTIB systems designed to enhance security or officers and employees. has agreed to represent the employee, or identify other violations of law. 4. Routine Use—Former Employees: A (d) the United States or any agency 14. Routine Use—Medical Emergency: record from this system of records may thereof, is a party to the litigation or has A record in this system of records may be disclosed to a former employee of the an interest in such litigation, and FRTIB be disclosed to family members, FRTIB, in accordance with applicable determines that the records are both emergency medical personnel, or to law regulations, for purposes of responding relevant and necessary to the litigation enforcement officials in case of a to an official inquiry by a federal, state, and the use of such records is medical or other emergency involving or local government entity or compatible with the purpose for which the subject individual (without the professional licensing authority; or FRTIB collected the records. subsequent notification prescribed in 5 facilitating communications with a 9. Routine Use—Litigation, Opposing U.S.C. 552a(b)(8)). former employee that may be necessary Counsel: A record from this system of 15. Routine Use—Breach Mitigation for personnel-related or other official records may be disclosed to a court, and Notification: A record from this purposes where the FRTIB requires magistrate, or administrative tribunal in system may be disclosed to appropriate information or consultation assistance the course of presenting evidence, agencies, entities, and persons when (1) from the former employee regarding a including disclosures to opposing FRTIB suspects or has confirmed that matter within that person’s former area counsel or witnesses in the course of there has been a breach of the system of of responsibility. civil discovery, litigation, or settlement records, (2) FRTIB has determined that 5. Routine Use—Investigations, Third negotiations or in connection with Parties: A record from this system of as a result of the suspected or confirmed criminal law proceedings or in response records may be disclosed to third parties breach there is a risk of harm to to a subpoena. during the course of a law enforcement individuals, FRTIB (including its 10. Routine Use—NARA/Records investigation to the extent necessary to information systems, programs, and Management: A record from this system obtain information pertinent to the operations), the Federal Government, or investigation, provided disclosure is of records may be disclosed to the national security; and (3) the disclosure appropriate to the proper performance National Archives and Records made to such agencies, entities, and of the official duties of the third party Administration (NARA) or other federal persons is reasonably necessary to assist officer making the disclosure. government agencies pursuant to the in connection with FRTIB’s efforts to 6. Routine Use—Investigations, Other Federal Records Act. respond to the suspected or confirmed Agencies: A record from this system of 11. Routine Use—Redress: A record breach or to prevent, minimize, or records may be disclosed to appropriate from this system of records may be remedy such harm. federal, state, local, tribal, or foreign disclosed to a federal, state, tribal, local, 16. Routine Use—Response to Breach government agencies or multilateral international, or foreign government of Other Records: A record from this governmental organizations for the agency or entity for the purpose of system may be disclosed to another purpose of investigating or prosecuting consulting with that agency or entity: (1) Federal agency or Federal entity, when the violations of, or for enforcing or To assist in making a determination FRTIB determines that information from implementing, a statute, rule, regarding redress for an individual in this system of records is reasonably regulation, order, license, or treaty connection with the operations of a necessary to assist the recipient agency where FRTIB determines that the FRTIB program; (2) for the purpose of or entity in (1) responding to a information would assist in the verifying the identity of an individual suspected or confirmed breach or (2) enforcement of civil or criminal laws. seeking redress in connection with the preventing, minimizing, or remedying 7. Routine Use—Law Enforcement operations of a FRTIB program; or (3) for the risk of harm to individuals, the Referrals: A record from this system of the purpose of verifying the accuracy of recipient agency or entity (including its records may be disclosed to an information submitted by an individual information systems, programs, and appropriate federal, state, tribal, local, who has requested such redress on operations), the Federal Government, or international, or foreign agency or other behalf of another individual. national security, resulting from a appropriate authority charged with 12. Routine Use—Security Threat: A suspected or confirmed breach. investigating or prosecuting a violation record from this system of records may or enforcing or implementing a law, be disclosed to federal and foreign POLICIES AND PRACTICES FOR STORAGE OF rule, regulation, or order, where a government intelligence or RECORDS: record, either on its face or in counterterrorism agencies when FRTIB Records are maintained electronically conjunction with other information, reasonably believes there to be a threat in computer databases, including cloud- indicates a violation or potential or potential threat to national or based services, and on paper in secure violation of law, which includes international security for which the facilities in a locked drawer behind a criminal, civil, or regulatory violations information may be useful in countering secured-access door. and such disclosure is proper and the threat or potential threat, when consistent with the official duties of the FRTIB reasonably believes such use is to POLICIES AND PRACTICES FOR RETRIEVAL OF person making the disclosure. assist in anti-terrorism efforts, and RECORDS: 8. Routine Use—Litigation, DOJ or disclosure is appropriate to the proper Records are retrieved by the name of Outside Counsel: A record from this performance of the official duties of the the individual on whom they are system of records may be disclosed to person making the disclosure. maintained, and may also be retrieved

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 43664 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

by the individual’s title or phone HISTORY: Individuals and commercial number. 55 FR 18949 (May 7, 1990); 71 FR organizations, such as name, Taxpayer 64706 (Nov. 3, 2006); 77 FR 11534 (Feb. Identification Number (i.e., Social POLICIES AND PRACTICES FOR RETENTION AND 27, 2012); 80 FR 43428 (July 22, 2015). Security Number or Employer DISPOSAL OF RECORDS: Identification Number), business and Records are maintained as long as the SYSTEM NAME AND NUMBER: home addresses, and business and home individual is an employee or contractor FRTIB–12, Debt Collection Records. telephone numbers; (2) the for the Agency. Expired records are indebtedness, such as the original SECURITY CLASSIFICATION: destroyed by shredding or purging from amount of the debt, the date the debt the Agency’s electronic recordkeeping Unclassified. originated, the amount of the systems. SYSTEM LOCATION: delinquency/default, the date of the Records are maintained at the Federal delinquency/default, basis of the debt, ADMINISTRATIVE, TECHNICAL, AND PHYSICAL amounts accrued for interest, penalties, SAFEGUARDS: Retirement Thrift Investment Board, 77 K Street NE, Suite 1000, Washington, and administrative costs, and payments FRTIB has adopted appropriate DC 20002. Records may also be on the account; (3) actions taken to administrative, technical, and physical maintained at an additional location for recover the debt, such as copies of controls in accordance with FRTIB’s Business Continuity Purposes. demand letters/invoices, and documents security program to protect the security, required for the referral of accounts to confidentiality, availability, and SYSTEM MANAGER(S): collection agencies, or for litigation; (4) integrity of the information, and to Director, Office of Participant debtor and creditor agencies, such as ensure that records are not disclosed to Services, Federal Retirement Thrift name, telephone number, and address of or accessed by unauthorized Investment Board, 77 K Street NE, Suite the agency contact; (5) information for individuals. 1000, Washington, DC 20002, (202) 942– location purposes, including Paper records are stored in locked file 1600. information pertaining to child support cabinets in areas of restricted access that cases, Mandatory Victims Restitution are locked after office hours. Electronic AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Act (MVRA) cases, and tax levies; and records are stored on computer 5 U.S.C. 8474; 5 U.S.C. 301; 31 U.S.C. (6) other relevant records relating to a networks and protected by assigning 3711(a); and 44 U.S.C. 3101. debt including the amount, status, and history of the debt, and the program usernames to individuals needing PURPOSE(S) OF THE SYSTEM: access to the records and by passwords under which the debt arose. set by unauthorized users that must be The purpose of this system is to RECORD SOURCE CATEGORIES: changed periodically. maintain a record of individuals and entities that are indebted to the Board, Information in this system of records RECORD ACCESS PROCEDURES: a Federal agency, or a Government is obtained from subject individuals; the corporation including, but not limited individual entity; the Board; creditor Individuals seeking to determine to: participants, beneficiaries, and agencies; Federal employing agencies; whether this system of records contains alternate payees of the Thrift Savings Government corporations; debt information about themselves should Plan; current and former employees of collection agencies or firms; credit submit a written request to the FOIA the FRTIB; and individuals who bureaus, firms or agencies providing Officer, FRTIB, 77 K Street NE, Suite received payments to which they are not locator services; and Federal, state, and 1000, Washington, DC 20002, and entitled. The records ensure that: local agencies furnishing identifying include the following information: Appropriate collection action on information. a. Full name; debtors’ accounts is taking and properly ROUTINE USES OF RECORDS MAINTAINED IN THE b. Any available information tracked, monies collected are credited, regarding the type of record involved; SYSTEM, INCLUDING CATEGORIES OF USERS AND and funds are returned to the Board or PURPOSES OF SUCH USES: c. The address to which the record appropriate agency at the time the Information about covered information should be sent; and account is collected or closed. individuals may be disclosed without d. You must sign your request. CATEGORIES OF INDIVIDUALS COVERED BY THE consent as permitted by the Privacy Act Attorneys or other persons acting on SYSTEM: of 1974, 5 U.S.C. 552a(b), and: behalf of an individual must provide Records are maintained on 1. Routine Use—Audit: A record from written authorization from that individuals and entities that are this system of records may be disclosed individual, such as a Power of Attorney, financially indebted to the Board, to an agency, organization, or individual in order for the representative to act on including, but not limited to: for the purpose of performing an audit their behalf. Individuals requesting Participants, beneficiaries, and alternate or oversight operations as authorized by access must also comply with FRTIB’s payees of the Thrift Savings Plan; law, but only such information as is Privacy Act regulations regarding current and former employees of the necessary and relevant to such audit or verification of identity and access to FRTIB; individuals who are consultants oversight function when necessary to such records, available at 5 CFR part and vendors to FRTIB; and individuals accomplish an agency function related 1630. who received payments to which they to this system of records. Individuals provided information under this routine CONTESTING RECORD PROCEDURES: are not entitled. use are subject to the same Privacy Act See Record Access Procedures above. CATEGORIES OF RECORDS IN THE SYSTEM: requirements and limitations on Information varies depending on the disclosure as are applicable to FRTIB NOTIFICATION PROCEDURES: individual debtor, the type of officers and employees. See Record Access Procedures above. indebtedness, and the agency or 2. Routine Use—Clearance Processing: program to which monies are owed. The A record from this system of records EXEMPTIONS PROMULGATED FOR THE SYSTEM: system of records contains information may be disclosed to an appropriate None. including but not limited to: (1) federal, state, local, tribal, foreign, or

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43665

international agency, if the information obtain information pertinent to the and the use of such records is is relevant and necessary to a requesting investigation, provided disclosure is compatible with the purpose for which agency’s decision concerning the hiring appropriate to the proper performance FRTIB collected the records. or retention of an individual, or of the official duties of the third party 12. Routine Use—Litigation, issuance of a security clearance, officer making the disclosure. Opposing Counsel: A record from this background investigation, license, 8. Routine Use—Investigations, Other system of records may be disclosed to a contract, grant, or other benefit, or if the Agencies: A record from this system of court, magistrate, or administrative information is relevant and necessary to records may be disclosed to appropriate tribunal in the course of presenting a FRTIB decision concerning the hiring federal, state, local, tribal, or foreign evidence, including disclosures to or retention of an employee, the government agencies or multilateral opposing counsel or witnesses in the issuance of a security clearance, the governmental organizations for the course of civil discovery, litigation, or reporting of an investigation of an purpose of investigating or prosecuting settlement negotiations or in connection employee, the letting of a contract, or the violations of, or for enforcing or with criminal law proceedings or in the issuance of a license, grant or other implementing, a statute, rule, response to a subpoena. benefit and when disclosure is regulation, order, license, or treaty 13. Routine Use—NARA/Records appropriate to the proper performance where FRTIB determines that the Management: A record from this system of the official duties of the person information would assist in the of records may be disclosed to the making the request. enforcement of civil or criminal laws. National Archives and Records 3. Routine Use—Congressional 9. Routine Use—Law Enforcement Administration (NARA) or other federal Inquiries: A record from this system of Intelligence: A record from this system government agencies pursuant to the records may be disclosed to a of records may be disclosed to a federal, Federal Records Act. Congressional office from the record of state, tribal, local, or foreign government 14. Routine Use—Redress: A record an individual in response to an inquiry agency or organization, or international from this system of records may be from that Congressional office made at organization, lawfully engaged in disclosed to a federal, state, tribal, local, the request of the individual to whom collecting law enforcement intelligence international, or foreign government the record pertains. information, whether civil or criminal, agency or entity for the purpose of 4. Routine Use—Contractors, et al.: A or charged with investigating, consulting with that agency or entity: (1) record from this system of records may prosecuting, enforcing or implementing To assist in making a determination be disclosed to contractors, grantees, civil or criminal laws, related rules, regarding redress for an individual in experts, consultants, the agents thereof, regulations or orders, to enable these connection with the operations of a and others performing or working on a entities to carry out their law FRTIB program; (2) for the purpose of contract, service, grant, cooperative enforcement responsibilities, including verifying the identity of an individual agreement, or other assignment for the collection of law enforcement seeking redress in connection with the FRTIB, when necessary to accomplish intelligence. operations of a FRTIB program; or (3) for an agency function related to this 10. Routine Use—Law Enforcement the purpose of verifying the accuracy of system of records. Individuals provided Referrals: A record from this system of information submitted by an individual information under this routine use are records may be disclosed to an who has requested such redress on subject to the same Privacy Act appropriate federal, state, tribal, local, behalf of another individual. requirements and limitations on international, or foreign agency or other 15. Routine Use—Security Threat: A disclosure as are applicable to FRTIB appropriate authority charged with record from this system of records may officers and employees. investigating or prosecuting a violation be disclosed to federal and foreign 5. Routine Use—Debt Collection: A or enforcing or implementing a law, government intelligence or record from this system of records may rule, regulation, or order, where a counterterrorism agencies when FRTIB be disclosed to the Department of record, either on its face or in reasonably believes there to be a threat Justice, the Department of Treasury, or conjunction with other information, or potential threat to national or to a consumer reporting agency for indicates a violation or potential international security for which the collection action on any delinquent violation of law, which includes information may be useful in countering debt, pursuant to 5 U.S.C. 552a(b)(12). criminal, civil, or regulatory violations the threat or potential threat, when 6. Routine Use—Former Employees: A and such disclosure is proper and FRTIB reasonably believes such use is to record from this system of records may consistent with the official duties of the assist in anti-terrorism efforts, and be disclosed to a former employee of the person making the disclosure. disclosure is appropriate to the proper FRTIB, in accordance with applicable 11. Routine Use—Litigation, DOJ or performance of the official duties of the regulations, for purposes of responding Outside Counsel: A record from this person making the disclosure. to an official inquiry by a federal, state, system of records may be disclosed to 16. Routine Use—Collection of Debts, or local government entity or the Department of Justice, FRTIB’s Financial Management Service: A professional licensing authority; or outside counsel, other federal agency record from this system may be facilitating communications with a conducting litigation or in proceedings disclosed to the Financial Management former employee that may be necessary before any court, adjudicative or Service (FMS) of the Department of the for personnel-related or other official administrative body, when: (1) FRTIB, Treasury to allow that agency to act for purposes where the FRTIB requires or (b) any employee of FRTIB in his or the Board to enforce collection of information or consultation assistance her official capacity, or (c) any delinquent debts owed to the Board or from the former employee regarding a employee of FRTIB in his or her the Thrift Savings Fund. matter within that person’s former area individual capacity where DOJ or FRTIB 17. Routine Use—Collection of Debts, of responsibility. has agreed to represent the employee, or Internal Revenue Service: Debt 7. Routine Use—Investigations, Third (d) the United States or any agency collection records may be disclosed to Parties: A record from this system of thereof, is a party to the litigation or has the Internal Revenue Service for the records may be disclosed to third parties an interest in such litigation, and FRTIB purposes of: (1) Effecting an during the course of a law enforcement determines that the records are both administrative offset against the debtor’s investigation to the extent necessary to relevant and necessary to the litigation tax refund to recover a delinquent debt

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 43666 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

owed the Board or the Thrift Savings respond to the suspected or confirmed integrity of the information, and to Fund; or (2) obtaining the mailing breach or to prevent, minimize, or ensure that records are not disclosed to address of a taxpayer/debtor in order to remedy such harm. or accessed by unauthorized locate the taxpayer/debtor to collect or 23. Routine Use—Response to Breach individuals. compromise a Federal claim against the of Other Records: A record from this Paper records are stored in locked file taxpayer/debtor. system may be disclosed to another cabinets in areas of restricted access that 18. Routine Use—Collection of Debts, Federal agency or Federal entity, when are locked after office hours. Electronic Department of Justice: A record from FRTIB determines that information from records are stored on computer this system may be disclosed to the this system of records is reasonably networks and protected by assigning Department of Justice for the purpose of necessary to assist the recipient agency usernames to individuals needing litigating to enforce collection of a or entity in (1) responding to a access to the records and by passwords delinquent debt or to obtain the suspected or confirmed breach or (2) set by unauthorized users that must be Department of Justice’s concurrence in a preventing, minimizing, or remedying changed periodically. decision to compromise, suspend, or the risk of harm to individuals, the RECORD ACCESS PROCEDURES: terminate collection action on a debt recipient agency or entity (including its with a principal amount in excess of information systems, programs, and Individuals seeking to determine $100,000 or such higher amount as the operations), the Federal Government, or whether this system of records contains Attorney General may, from time to national security, resulting from a information about themselves should time, prescribe in accordance with 31 suspected or confirmed breach. submit a written request to the FOIA U.S.C. 3711(a). Officer, FRTIB, 77 K Street NE, Suite 19. Routine Use—Collection of Debts, DISCLOSURE TO CONSUMER REPORTING 10000, Washington, DC 20002, and Administrative Offsets: Information AGENCIES: include the following information: contained within this system of records Debt information concerning claims of a. Full name; may be disclosed to the Department of the Board and the Thrift Savings Fund b. Any available information the Treasury, Department of Defense, may be furnished in accordance with 5 regarding the type of record involved; United States Postal Service, another U.S.C. 552a(b)(12) and section 3 of the c. The address to which the record Federal agency, a Government Debt Collection Act of 1982, as amended information should be sent; and corporation, or any disbursing official of (31 U.S.C. 3701 et seq.), to consumer d. You must sign your request. the United States for the purpose of reporting agencies (as defined by the Attorneys or other persons acting on effecting an administrative offset against Fair Credit Reporting Act 15 U.S.C. behalf of an individual must provide Federal payments certified to be paid to 1681a(f)), to encourage repayment of an written authorization from that the debtor to recover a delinquent debt overdue debt. individual, such as a Power of Attorney, owed to the Board, the Thrift Savings in order for the representative to act on Fund, or another Federal agency or POLICIES AND PRACTICES FOR STORAGE OF their behalf. Individuals requesting RECORDS: department by the debtor. access must also comply with FRTIB’s 20. Routine Use—Collection of Debts, Records are maintained in paper and Privacy Act regulations regarding Voluntary Repayment of Debt: Debt electronic form, including on computer verification of identity and access to collection information may be disclosed databases, all of which are stored in a such records, available at 5 CFR part to a creditor Federal agency or secure location. 1630. Government corporation seeking POLICIES AND PRACTICES FOR RETRIEVAL OF CONTESTING RECORD PROCEDURES: assistance for the purpose of obtaining RECORDS: voluntary repayment of a debt or See Record Access Procedures above. These records are indexed and implementing Federal employee salary retrieved by the names, Social Security NOTIFICATION PROCEDURES: offset or administrative offset in the numbers, or contact numbers of See Record Access Procedures above. collection of an unpaid financial participants, employees, contractors, or obligation. EXEMPTIONS PROMULGATED FOR THE SYSTEM: other persons who may receive monies 21. Routine Use—Collection of Debts, None. Wage Garnishment: Administrative paid to them by the Board. wage garnishment information may be POLICIES AND PRACTICES FOR RETENTION AND HISTORY: disclosed to the Treasury Department DISPOSAL OF RECORDS: 62 FR 49011 (Sept. 18, 1997); 77 FR for the purpose of issuing wage Hard-copy records are returned to the 11534 (Feb. 27, 2012); 81 FR 7106 (Feb. garnishment orders to collect a debt Board which has an agreement for 10, 2016). owed to the FRTIB. servicing and collection of the debt with SYSTEM NAME AND NUMBER: 22. Routine Use—Breach Mitigation Financial Management Services. Files FRTIB–14, Legal Case Files. and Notification: A record from this are destroyed when 10 years old, unless system may be disclosed to appropriate they are subject to litigation in which SECURITY CLASSIFICATION: agencies, entities, and persons when (1) case they are destroyed when a court Unclassified. FRTIB suspects or has confirmed that order requiring that the file be retained there has been a breach of the system of allows the file to be destroyed or SYSTEM LOCATION: records, (2) FRTIB has determined that litigation involving the files is Records are maintained at the Federal as a result of the suspected or confirmed concluded. Retirement Thrift Investment Board, 77 breach there is a risk of harm to K Street NE, Suite 1000, Washington, individuals, FRTIB (including its ADMINISTRATIVE, TECHNICAL, AND PHYSICAL DC 20002. Records may also be SAFEGUARDS: information systems, programs, and maintained at an additional location for operations), the Federal Government, or FRTIB has adopted appropriate Business Continuity Purposes. national security; and (3) the disclosure administrative, technical, and physical made to such agencies, entities, and controls in accordance with FRTIB’s SYSTEM MANAGER(S): persons is reasonably necessary to assist security program to protect the security, General Counsel, Federal Retirement in connection with FRTIB’s efforts to confidentiality, availability, and Thrift Investment Board, 77 K Street NE,

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43667

Suite 1000, Washington, DC 20002, of those requests and appeals; drafts and Congressional office from the record of (202) 942–1600. legal reviews of proposed personnel an individual in response to an inquiry actions; personnel records; litigation from that Congressional office made at AUTHORITY FOR MAINTENANCE OF THE SYSTEM: files; employee relations files; witness the request of the individual to whom 5 U.S.C. 8474; and 44 U.S.C. 3101. statements; summonses and subpoenas; the record pertains. PURPOSE(S) OF THE SYSTEM: affidavits; court transcripts; discovery 4. Routine Use—Contractors, et al.: A The purpose of this system is to assist requests and responses; and breach record from this system of records may FRTIB attorneys in providing legal reports and supporting documents. be disclosed to contractors, grantees, experts, consultants, the agents thereof, advice to FRTIB personnel on a wide RECORD SOURCE CATEGORIES: variety of legal issues; to collect the and others performing or working on a Subject individuals; TSP participants, information of any individual who is, or contract, service, grant, cooperative beneficiaries, and alternate payees; will be, in litigation with the Agency, as agreement, or other assignment for federal government records; current, well as the attorneys representing the FRTIB, when necessary to accomplish and former, and potential employees plaintiff(s) or defendant(s), response to an agency function related to this (including Special Government claims by employees, former employees, system of records. Individuals provided and other individuals; to assist in the Employees); contractors; interns, information under this routine use are settlement of claims against the externs, and volunteers; the Social subject to the same Privacy Act government; to represent FRTIB during Security Administration; court records; requirements and limitations on litigation; and to catalog, investigate, articles from publications; and other disclosure as are applicable to FRTIB litigate, or otherwise resolve any case or organizations or individuals with officers and employees. 5. Routine Use—Debt Collection: A matter handled by the Office of General relevant knowledge or information. record from this system of records may Counsel. ROUTINE USES OF RECORDS MAINTAINED IN THE be disclosed to the Department of SYSTEM, INCLUDING CATEGORIES OF USERS AND CATEGORIES OF INDIVIDUALS COVERED BY THE Justice, the Department of Treasury, or PURPOSES OF SUCH USES: SYSTEM: to a consumer reporting agency for Individuals who are participants, Information about covered collection action on any delinquent beneficiaries, and alternate payees of the individuals may be disclosed without debt, pursuant to 5 U.S.C. 552a(b)(12). Thrift Savings Plan; other individuals consent as permitted by the Privacy Act 6. Routine Use—Former Employees: A who are identified in connection with of 1974, 5 U.S.C. 552a(b), and: record from this system of records may investigations and/or litigation 1. Routine Use—Audit: A record from be disclosed to a former employee of the conducted with regard to FERSA; this system of records may be disclosed FRTIB, in accordance with applicable individuals (including FRTIB to an agency, organization, or individual regulations, for purposes of responding employees) who are parties to or for the purpose of performing an audit to an official inquiry by a federal, state, witnesses in civil litigation or or oversight operations as authorized by or local government entity or administrative proceedings involving or law, but only such information as is professional licensing authority; or concerning FRTIB or its officers or necessary and relevant to such audit or facilitating communications with a employees (including Special oversight function when necessary to former employee that may be necessary Governmental Employees); individuals accomplish an agency function related for personnel-related or other official who are the subject of a breach of to this system of records. Individuals purposes where the FRTIB requires personally identifiable information; provided information under this routine information or consultation assistance individuals who are contractors or use are subject to the same Privacy Act from the former employee regarding a potential contractors with FRTIB or are requirements and limitations on matter within that person’s former area otherwise personally associated with a disclosure as are applicable to FRTIB of responsibility. contract or procurement matter; officers and employees. 7. Routine Use—Investigations, Third individuals who receive legal advice 2. Routine Use—Clearance Processing: Parties: A record from this system of from the Office of General Counsel; and A record from this system of records records may be disclosed to third parties other individuals (including current, may be disclosed to an appropriate during the course of a law enforcement former, and potential FRTIB employees federal, state, local, tribal, foreign, or investigation to the extent necessary to (including Special Governmental international agency, if the information obtain information pertinent to the Employees), contractors, interns, is relevant and necessary to a requesting investigation, provided disclosure is externs, and volunteers) who are the agency’s decision concerning the hiring appropriate to the proper performance subject of or are otherwise connected to or retention of an individual, or of the official duties of the third party an inquiry, investigation, or other matter issuance of a security clearance, officer making the disclosure. handled by the Office of General background investigation, license, 8. Routine Use—Investigations, Other Counsel. contract, grant, or other benefit, or if the Agencies: A record from this system of information is relevant and necessary to records may be disclosed to appropriate CATEGORIES OF RECORDS IN THE SYSTEM: a FRTIB decision concerning the hiring federal, state, local, tribal, or foreign Notes, reports, legal opinions and or retention of an employee, the government agencies or multilateral memoranda; settlements; agreements; issuance of a security clearance, the governmental organizations for the documentary evidence; claims and reporting of an investigation of an purpose of investigating or prosecuting records regarding discrimination; employee, the letting of a contract, or the violations of, or for enforcing or correspondence; contracts; contract the issuance of a license, grant or other implementing, a statute, rule, proposals and other procurement benefit and when disclosure is regulation, order, license, or treaty documents; TSP documents; appropriate to the proper performance where FRTIB determines that the participant, beneficiary, and alternate of the official duties of the person information would assist in the payee files; initial and final FRTIB making the request. enforcement of civil or criminal laws. determinations of FERSA matters; 3. Routine Use—Congressional 9. Routine Use—Law Enforcement Freedom of Information Act and Privacy Inquiries: A record from this system of Intelligence: A record from this system Act requests and appeals, and decisions records may be disclosed to a of records may be disclosed to a federal,

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 43668 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

state, tribal, local, or foreign government 14. Routine Use—Redress: A record in civil or criminal proceedings in agency or organization, or international from this system of records may be which the United States or one of its organization, lawfully engaged in disclosed to a federal, state, tribal, local, officers or agents has an interest. collecting law enforcement intelligence international, or foreign government 20. Routine Use—Breach Mitigation information, whether civil or criminal, agency or entity for the purpose of and Notification: A record from this or charged with investigating, consulting with that agency or entity: (1) system may be disclosed to appropriate prosecuting, enforcing or implementing To assist in making a determination agencies, entities, and persons when (1) civil or criminal laws, related rules, regarding redress for an individual in FRTIB suspects or has confirmed that regulations or orders, to enable these connection with the operations of a there has been a breach of the system of entities to carry out their law FRTIB program; (2) for the purpose of records, (2) FRTIB has determined that enforcement responsibilities, including verifying the identity of an individual as a result of the suspected or confirmed the collection of law enforcement seeking redress in connection with the breach there is a risk of harm to intelligence. operations of a FRTIB program; or (3) for individuals, FRTIB (including its 10. Routine Use—Law Enforcement the purpose of verifying the accuracy of information systems, programs, and Referrals: A record from this system of information submitted by an individual operations), the Federal Government, or records may be disclosed to an who has requested such redress on national security; and (3) the disclosure appropriate federal, state, tribal, local, behalf of another individual. made to such agencies, entities, and international, or foreign agency or other 15. Routine Use—Security Threat: A persons is reasonably necessary to assist appropriate authority charged with record from this system of records may in connection with FRTIB’s efforts to investigating or prosecuting a violation be disclosed to federal and foreign respond to the suspected or confirmed or enforcing or implementing a law, government intelligence or breach or to prevent, minimize, or rule, regulation, or order, where a counterterrorism agencies when FRTIB remedy such harm. record, either on its face or in reasonably believes there to be a threat 21. Routine Use—Response to Breach conjunction with other information, or potential threat to national or of Other Records: A record from this indicates a violation or potential international security for which the system may be disclosed to another violation of law, which includes information may be useful in countering Federal agency or Federal entity, when criminal, civil, or regulatory violations the threat or potential threat, when FRTIB determines that information from and such disclosure is proper and FRTIB reasonably believes such use is to this system of records is reasonably consistent with the official duties of the assist in anti-terrorism efforts, and necessary to assist the recipient agency person making the disclosure. disclosure is appropriate to the proper or entity in (1) responding to a 11. Routine Use—Litigation, DOJ or performance of the official duties of the suspected or confirmed breach or (2) Outside Counsel: A record from this person making the disclosure. preventing, minimizing, or remedying system of records may be disclosed to 16. Routine Use—Collection of Debts, the risk of harm to individuals, the the Department of Justice, FRTIB’s General: Names, addresses, telephone outside counsel, other federal agency numbers, and email addresses of recipient agency or entity (including its conducting litigation or in proceedings employees, former employees, information systems, programs, and before any court, adjudicative or participants, beneficiaries, alternate operations), the Federal Government, or administrative body, when: (1) FRTIB, payees, and information pertaining to national security, resulting from a or (b) any employee of FRTIB in his or debts to the FRTIB may be disclosed to suspected or confirmed breach. her official capacity, or (c) any the Department of Treasury, Department DISCLOSURE TO CONSUMER REPORTING employee of FRTIB in his or her of Justice, a credit agency, and a debt AGENCIES: individual capacity where DOJ or FRTIB collection firm to collect the debt. Information from this system of has agreed to represent the employee, or Disclosure to a debt collection firm shall records may be disclosed to a consumer (d) the United States or any agency be made only under a contract that reporting agency in accordance with 31 thereof, is a party to the litigation or has binds any such contractor or employee U.S.C. 3711(e). an interest in such litigation, and FRTIB of such contractor to the criminal determines that the records are both penalties of the Privacy Act. POLICIES AND PRACTICES FOR STORAGE OF relevant and necessary to the litigation 17. Routine Use—General RECORDS: and the use of such records is Investigations, Third Parties: Records are maintained electronically compatible with the purpose for which Information may be provided to third in computer databases, including cloud- FRTIB collected the records. parties during the course of an based services, and on paper in secure 12. Routine Use—Litigation, investigation to the extent necessary to facilities in a locked drawer behind a Opposing Counsel: A record from this obtain information pertinent to the secured-access door. system of records may be disclosed to a investigation. court, magistrate, or administrative 18. Routine Use—International POLICIES AND PRACTICES FOR RETRIEVAL OF tribunal in the course of presenting Treaties or Conventions: A record RECORDS: evidence, including disclosures to relating to a case or matter may be Records are retrieved by the name of opposing counsel or witnesses in the disseminated to a foreign country the individual on whom they are course of civil discovery, litigation, or pursuant to an international treaty or maintained, and may also be retrieved settlement negotiations or in connection convention entered into and ratified by by case number. with criminal law proceedings or in the United States or to an executive response to a subpoena. agreement. POLICIES AND PRACTICES FOR RETENTION AND 13. Routine Use—NARA/Records 19. Routine Use—Foreign Country, DISPOSAL OF RECORDS: Management: A record from this system Civil or Criminal Proceedings: A record Records are maintained in accordance of records may be disclosed to the may be disseminated to a foreign with the General Records Retention National Archives and Records country, through the United States Schedules issued by the National Administration (NARA) or other federal Department of State or directly to the Archives and Records Administration government agencies pursuant to the representative of such country, to the (NARA) or an FRTIB records disposition Federal Records Act. extent necessary, to assist such country schedule.

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43669

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL information to the Government with an staff; FRTIB attorneys; outside counsel SAFEGUARDS: express promise that the identity of the retained by subject individuals; and FRTIB has adopted appropriate source would be held in confidence. medical professionals. administrative, technical, and physical HISTORY: ROUTINE USES OF RECORDS MAINTAINED IN THE controls in accordance with FRTIB’s 80 FR 43428 (July 22, 2015). SYSTEM, INCLUDING CATEGORIES OF USERS AND security program to protect the security, PURPOSES OF SUCH USES: confidentiality, availability, and SYSTEM NAME AND NUMBER: Information about covered integrity of the information, and to FRTIB–15, Internal Investigations of individuals may be disclosed without ensure that records are not disclosed to Harassment and Hostile Work consent as permitted by the Privacy Act or accessed by unauthorized Environment Allegations. of 1974, 5 U.S.C. 552a(b), and: individuals. 1. Routine Use—Audit: A record from Paper records are stored in locked file SECURITY CLASSIFICATION: this system of records may be disclosed cabinets in areas of restricted access that Unclassified. to an agency, organization, or individual are locked after office hours. Electronic SYSTEM LOCATION: for the purpose of performing an audit records are stored on computer or oversight operations as authorized by Records are maintained at the Federal networks and protected by assigning law, but only such information as is Retirement Thrift Investment Board, 77 usernames to individuals needing necessary and relevant to such audit or K Street NE, Suite 1000, Washington, access to the records and by passwords oversight function when necessary to DC 20002. Records may also be set by unauthorized users that must be accomplish an agency function related maintained at an additional location for changed periodically. to this system of records. Individuals Business Continuity Purposes. RECORD ACCESS PROCEDURES: provided information under this routine Individuals seeking to determine SYSTEM MANAGER(S): use are subject to the same Privacy Act whether this system of records contains Human Resources Officer, Federal requirements and limitations on information about themselves should Retirement Thrift Investment Board, 77 disclosure as are applicable to FRTIB submit a written request to the FOIA K Street NE, Suite 1000, Washington, officers and employees. 2. Routine Use—Clearance Processing: Officer, FRTIB, 77 K Street NE, Suite DC 20002, (202) 942–1600. A record from this system of records 1000, Washington, DC 20002, and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: may be disclosed to an appropriate include the following information: 5 U.S.C. 8474; 42 U.S.C. 2000e et seq.; federal, state, local, tribal, foreign, or a. Full name; and 44 U.S.C. 3101. international agency, if the information b. Any available information is relevant and necessary to a requesting regarding the type of record involved; PURPOSE(S) OF THE SYSTEM: agency’s decision concerning the hiring c. The address to which the record This system of records is maintained or retention of an individual, or information should be sent; and for the purpose of upholding FRTIB’s issuance of a security clearance, d. You must sign your request. policy to provide for a work background investigation, license, Attorneys or other persons acting on environment free from all forms of contract, grant, or other benefit, or if the behalf of an individual must provide harassment, including sexual information is relevant and necessary to written authorization from that harassment, and harassment on the a FRTIB decision concerning the hiring individual, such as a Power of Attorney, basis of race, color, gender, national or retention of an employee, the in order for the representative to act on origin, religion, sexual orientation, age, issuance of a security clearance, the their behalf. Individuals requesting genetic information, reprisal, parental reporting of an investigation of an access must also comply with FRTIB’s status, or disability. employee, the letting of a contract, or Privacy Act regulations regarding the issuance of a license, grant or other verification of identity and access to CATEGORIES OF INDIVIDUALS COVERED BY THE benefit and when disclosure is such records, available at 5 CFR part SYSTEM: appropriate to the proper performance 1630. Current or former FRTIB employees (including Special Government of the official duties of the person CONTESTING RECORD PROCEDURES: Employees), contractors, interns, making the request. 3. Routine Use—Congressional See Record Access Procedures above. externs, and volunteers who have filed Inquiries: A record from this system of a complaint or report of harassment or NOTIFICATION PROCEDURES: records may be disclosed to a hostile work environment, or have been Congressional office from the record of See Record Access Procedures above. accused of harassing conduct; and an individual in response to an inquiry witnesses or potential witnesses. EXEMPTIONS PROMULGATED FOR THE SYSTEM: from that Congressional office made at Pursuant to 5 U.S.C. 552a(k)(2), CATEGORIES OF RECORDS IN THE SYSTEM: the request of the individual to whom records from this system are exempt Current or former FRTIB employees the record pertains. from the requirements of subsections (including Special Government 4. Routine Use—Contractors, et al.: A (c)(3); (d); (e)(1); (e)(4)(G), (H), (I); and (f) Employees), contractors, interns, record from this system of records may of 5 U.S.C. 552a, provided, however, externs, and volunteers who have filed be disclosed to contractors, grantees, that if any individual is denied any a complaint or report of harassment or experts, consultants, the agents thereof, right, privilege, or benefit that he or she hostile work environment, or have been and others performing or working on a would otherwise be entitled to by accused of harassing conduct; and contract, service, grant, cooperative Federal law, or for which he or she witnesses or potential witnesses. agreement, or other assignment for would otherwise be eligible, as a result FRTIB, when necessary to accomplish of the maintenance of these records, RECORD SOURCE CATEGORIES: an agency function related to this such material shall be provided to the Subject individuals; supervisors and system of records. Individuals provided individual, except to the extent that the other FRTIB employees with information under this routine use are disclosure of the material would reveal knowledge; agency EEO and human subject to the same Privacy Act the identity of a source who furnished resources specialists; employee relations requirements and limitations on

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 43670 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

disclosure as are applicable to FRTIB appropriate authority charged with 15. Routine Use—Security Threat: A officers and employees. investigating or prosecuting a violation record from this system of records may 5. Routine Use—Debt Collection: A or enforcing or implementing a law, be disclosed to federal and foreign record from this system of records may rule, regulation, or order, where a government intelligence or be disclosed to the Department of record, either on its face or in counterterrorism agencies when FRTIB Justice, the Department of Treasury, or conjunction with other information, reasonably believes there to be a threat to a consumer reporting agency for indicates a violation or potential or potential threat to national or collection action on any delinquent violation of law, which includes international security for which the debt, pursuant to 5 U.S.C. 552a(b)(12). criminal, civil, or regulatory violations information may be useful in countering 6. Routine Use—Former Employees: A and such disclosure is proper and the threat or potential threat, when record from this system of records may consistent with the official duties of the FRTIB reasonably believes such use is to be disclosed to a former employee of the person making the disclosure. assist in anti-terrorism efforts, and FRTIB, in accordance with applicable 11. Routine Use—Litigation, DOJ or disclosure is appropriate to the proper regulations, for purposes of responding Outside Counsel: A record from this performance of the official duties of the to an official inquiry by a federal, state, system of records may be disclosed to person making the disclosure. or local government entity or the Department of Justice, FRTIB’s 16. Routine Use—Complainant, professional licensing authority; or outside counsel, other federal agency Witnesses: Disclosure of information facilitating communications with a conducting litigation or in proceedings from this system of records about an former employee that may be necessary before any court, adjudicative or investigation that may have been for personnel-related or other official administrative body, when: (1) FRTIB, conducted may be made to the purposes where the FRTIB requires or (b) any employee of FRTIB in his or complaining party; the alleged harasser; information or consultation assistance her official capacity, or (c) any and to a limited number of witnesses from the former employee regarding a employee of FRTIB in his or her when the purpose of the disclosure is matter within that person’s former area individual capacity where DOJ or FRTIB both relevant and necessary and is of responsibility. has agreed to represent the employee, or compatible with the purpose for which 7. Routine Use—Investigations, Third (d) the United States or any agency the information was collected. Parties: A record from this system of thereof, is a party to the litigation or has 17. Routine Use—Breach Mitigation records may be disclosed to third parties an interest in such litigation, and FRTIB and Notification: A record from this during the course of a law enforcement determines that the records are both system may be disclosed to appropriate investigation to the extent necessary to agencies, entities, and persons when (1) obtain information pertinent to the relevant and necessary to the litigation and the use of such records is FRTIB suspects or has confirmed that investigation, provided disclosure is there has been a breach of the system of appropriate to the proper performance compatible with the purpose for which FRTIB collected the records. records, (2) FRTIB has determined that of the official duties of the third party as a result of the suspected or confirmed officer making the disclosure. 12. Routine Use—Litigation, Opposing Counsel: A record from this breach there is a risk of harm to 8. Routine Use—Investigations, Other individuals, FRTIB (including its Agencies: A record from this system of system of records may be disclosed to a court, magistrate, or administrative information systems, programs, and records may be disclosed to appropriate operations), the Federal Government, or federal, state, local, tribal, or foreign tribunal in the course of presenting evidence, including disclosures to national security; and (3) the disclosure government agencies or multilateral made to such agencies, entities, and governmental organizations for the opposing counsel or witnesses in the course of civil discovery, litigation, or persons is reasonably necessary to assist purpose of investigating or prosecuting in connection with FRTIB’s efforts to the violations of, or for enforcing or settlement negotiations or in connection with criminal law proceedings or in respond to the suspected or confirmed implementing, a statute, rule, breach or to prevent, minimize, or regulation, order, license, or treaty response to a subpoena. 13. Routine Use—NARA/Records remedy such harm. where FRTIB determines that the 18. Routine Use—Response to Breach Management: A record from this system information would assist in the of Other Records: A record from this of records may be disclosed to the enforcement of civil or criminal laws. system may be disclosed to another National Archives and Records 9. Routine Use—Law Enforcement Federal agency or Federal entity, when Administration (NARA) or other federal Intelligence: A record from this system FRTIB determines that information from government agencies pursuant to the of records may be disclosed to a federal, this system of records is reasonably Federal Records Act. state, tribal, local, or foreign government necessary to assist the recipient agency 14. Routine Use—Redress: A record agency or organization, or international or entity in (1) responding to a from this system of records may be organization, lawfully engaged in suspected or confirmed breach or (2) disclosed to a federal, state, tribal, local, collecting law enforcement intelligence preventing, minimizing, or remedying international, or foreign government information, whether civil or criminal, the risk of harm to individuals, the agency or entity for the purpose of or charged with investigating, recipient agency or entity (including its consulting with that agency or entity: (1) prosecuting, enforcing or implementing information systems, programs, and To assist in making a determination civil or criminal laws, related rules, operations), the Federal Government, or regarding redress for an individual in regulations or orders, to enable these national security, resulting from a connection with the operations of a entities to carry out their law suspected or confirmed breach. enforcement responsibilities, including FRTIB program; (2) for the purpose of the collection of law enforcement verifying the identity of an individual POLICIES AND PRACTICES FOR STORAGE OF intelligence. seeking redress in connection with the RECORDS: 10. Routine Use—Law Enforcement operations of a FRTIB program; or (3) for Records are maintained electronically Referrals: A record from this system of the purpose of verifying the accuracy of in computer databases, including cloud- records may be disclosed to an information submitted by an individual based services, and on paper in secure appropriate federal, state, tribal, local, who has requested such redress on facilities in a locked drawer behind a international, or foreign agency or other behalf of another individual. secured-access door.

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43671

POLICIES AND PRACTICES FOR RETRIEVAL OF EXEMPTIONS PROMULGATED FOR THE SYSTEM: numbers; who the correspondence is RECORDS: Pursuant to 5 U.S.C. 552a(k)(2), about; incoming correspondence; Records are retrieved by the name of records in this system are exempt from FRTIB’s response; the FRTIB the individual on whom they are the requirements of subsections (c)(3); responder’s name and business maintained, and may also be retrieved (d); (e)(1); (e)(4)(G), (H), (I); and (f) of 5 information; additional unsolicited by case number. U.S.C. 552a, provided, however, that if personal information provided by the any individual is denied any right, individual; and other related materials. POLICIES AND PRACTICES FOR RETENTION AND privilege, or benefit that he or she RECORD SOURCE CATEGORIES: DISPOSAL OF RECORDS: would otherwise be entitled to by Records are maintained in accordance Federal law, or for which he or she Information used to compile records with the General Records Retention would otherwise be eligible, as a result in this system is taken from incoming Schedules issued by the National of the maintenance of these records, correspondence and FRTIB responses to Archives and Records Administration such material shall be provided to the incoming correspondence from (NARA) or an FRTIB records disposition individual, except to the extent that the congressional offices. schedule. disclosure of the material would reveal ROUTINE USES OF RECORDS MAINTAINED IN THE the identity of a source who furnished SYSTEM, INCLUDING CATEGORIES OF USERS AND ADMINISTRATIVE, TECHNICAL, AND PHYSICAL information to the Government with an PURPOSES OF SUCH USES: SAFEGUARDS: express promise that the identity of the Information about covered FRTIB has adopted appropriate source would be held in confidence. individuals may be disclosed without administrative, technical, and physical consent as permitted by the Privacy Act HISTORY: controls in accordance with FRTIB’s of 1974, 5 U.S.C. 552a(b), and: security program to protect the security, 80 FR 43428 (July 22, 2015). 1. Routine Use—Audit: A record from confidentiality, availability, and SYSTEM NAME AND NUMBER: this system of records may be disclosed integrity of the information, and to to an agency, organization, or individual ensure that records are not disclosed to FRTIB–16, Congressional Correspondence Files. for the purpose of performing an audit or accessed by unauthorized or oversight operations as authorized by individuals. SECURITY CLASSIFICATION: law, but only such information as is Paper records are stored in locked file Unclassified. necessary and relevant to such audit or cabinets in areas of restricted access that oversight function when necessary to are locked after office hours. Electronic SYSTEM LOCATION: accomplish an agency function related records are stored on computer Records are maintained at the Federal to this system of records. Individuals networks and protected by assigning Retirement Thrift Investment Board, 77 provided information under this routine usernames to individuals needing K Street NE, Suite 1000, Washington, use are subject to the same Privacy Act access to the records and by passwords DC 20002. Records may also be requirements and limitations on set by unauthorized users that must be maintained at an additional location for disclosure as are applicable to FRTIB changed periodically. Business Continuity Purposes. officers and employees. RECORD ACCESS PROCEDURES: 2. Routine Use—Congressional SYSTEM MANAGER(S): Inquiries: A record from this system of Individuals seeking to determine Director, Office of External Affairs, records may be disclosed to a whether this system of records contains Federal Retirement Thrift Investment Congressional office from the record of information about themselves should Board, 77 K Street NE, Suite 1000, an individual in response to an inquiry submit a written request to the FOIA Washington, DC 20002, (202) 942–1600. from that Congressional office made at Officer, FRTIB, 77 K Street NE, Suite the request of the individual to whom AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 1000, Washington, DC 20002, and the record pertains. include the following information: 5 U.S.C. 8474; 5 U.S.C. 301; and 44 3. Routine Use—Contractors, et al.: A a. Full name; U.S.C. 3101. record from this system of records may b. Any available information PURPOSE(S) OF THE SYSTEM: be disclosed to contractors, grantees, regarding the type of record involved; experts, consultants, the agents thereof, This system of records is maintained c. The address to which the record and others performing or working on a to catalog and respond to information should be sent; and contract, service, grant, cooperative correspondence received from d. You must sign your request. agreement, or other assignment for congressional offices. Attorneys or other persons acting on FRTIB, when necessary to accomplish behalf of an individual must provide CATEGORIES OF INDIVIDUALS COVERED BY THE an agency function related to this written authorization from that SYSTEM: system of records. Individuals provided individual, such as a Power of Attorney, Individuals who submit inquiries, information under this routine use are in order for the representative to act on complaints, comments, or other subject to the same Privacy Act their behalf. Individuals requesting correspondence to FRTIB, and the requirements and limitations on access must also comply with FRTIB’s responding party on behalf of FRTIB. disclosure as are applicable to FRTIB Privacy Act regulations regarding officers and employees. verification of identity and access to CATEGORIES OF RECORDS IN THE SYSTEM: 4. Routine Use—Former Employees: A such records, available at 5 CFR part Categories of records in this system record from this system of records may 1630. include, but are not limited to the be disclosed to a former employee of the following information about individuals FRTIB, in accordance with applicable CONTESTING RECORD PROCEDURES: who have corresponded with FRTIB: regulations, for purposes of responding See Record Access Procedures above. Name; dates of birth; Social Security to an official inquiry by a federal, state, numbers; TSP account numbers; home or local government entity or NOTIFICATION PROCEDURES: and business address; email address; professional licensing authority; or See Record Access Procedures above. personal and business telephone facilitating communications with a

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 43672 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

former employee that may be necessary before any court, adjudicative or accountability of FRTIB’s officers, for personnel-related or other official administrative body, when: (1) FRTIB, employees, or individuals covered by purposes where the FRTIB requires or (b) any employee of FRTIB in his or this system, except to the extent it is information or consultation assistance her official capacity, or (c) any determined that the release of the from the former employee regarding a employee of FRTIB in his or her specific information in the context of a matter within that person’s former area individual capacity where DOJ or FRTIB particular case would constitute an of responsibility. has agreed to represent the employee, or unwarranted invasion of personal 5. Routine Use—Investigations, Third (d) the United States or any agency privacy. Parties: A record from this system of thereof, is a party to the litigation or has 15. Routine Use—Breach Mitigation records may be disclosed to third parties an interest in such litigation, and FRTIB and Notification: A record from this during the course of a law enforcement determines that the records are both system may be disclosed to appropriate investigation to the extent necessary to relevant and necessary to the litigation agencies, entities, and persons when (1) obtain information pertinent to the and the use of such records is FRTIB suspects or has confirmed that investigation, provided disclosure is compatible with the purpose for which there has been a breach of the system of appropriate to the proper performance FRTIB collected the records. records, (2) FRTIB has determined that of the official duties of the third party 10. Routine Use—Litigation, as a result of the suspected or confirmed officer making the disclosure. Opposing Counsel: A record from this breach there is a risk of harm to 6. Routine Use—Investigations, Other system of records may be disclosed to a individuals, FRTIB (including its Agencies: A record from this system of court, magistrate, or administrative information systems, programs, and records may be disclosed to appropriate tribunal in the course of presenting operations), the Federal Government, or federal, state, local, tribal, or foreign evidence, including disclosures to national security; and (3) the disclosure government agencies or multilateral opposing counsel or witnesses in the governmental organizations for the course of civil discovery, litigation, or made to such agencies, entities, and purpose of investigating or prosecuting settlement negotiations or in connection persons is reasonably necessary to assist the violations of, or for enforcing or with criminal law proceedings or in in connection with FRTIB’s efforts to implementing, a statute, rule, response to a subpoena. respond to the suspected or confirmed regulation, order, license, or treaty 11. Routine Use—NARA/Records breach or to prevent, minimize, or where FRTIB determines that the Management: A record from this system remedy such harm. information would assist in the of records may be disclosed to the 16. Routine Use—Response to Breach enforcement of civil or criminal laws. National Archives and Records of Other Records: A record from this 7. Routine Use—Law Enforcement Administration (NARA) or other federal system may be disclosed to another Intelligence: A record from this system government agencies pursuant to the Federal agency or Federal entity, when of records may be disclosed to a federal, Federal Records Act. FRTIB determines that information from state, tribal, local, or foreign government 12. Routine Use—Redress: A record this system of records is reasonably agency or organization, or international from this system of records may be necessary to assist the recipient agency organization, lawfully engaged in disclosed to a federal, state, tribal, local, or entity in (1) responding to a collecting law enforcement intelligence international, or foreign government suspected or confirmed breach or (2) information, whether civil or criminal, agency or entity for the purpose of preventing, minimizing, or remedying or charged with investigating, consulting with that agency or entity: (1) the risk of harm to individuals, the prosecuting, enforcing or implementing To assist in making a determination recipient agency or entity (including its civil or criminal laws, related rules, regarding redress for an individual in information systems, programs, and regulations or orders, to enable these connection with the operations of a operations), the Federal Government, or entities to carry out their law FRTIB program; (2) for the purpose of national security, resulting from a enforcement responsibilities, including verifying the identity of an individual suspected or confirmed breach. the collection of law enforcement seeking redress in connection with the intelligence. operations of a FRTIB program; or (3) for POLICIES AND PRACTICES FOR STORAGE OF 8. Routine Use—Law Enforcement the purpose of verifying the accuracy of RECORDS: Referrals: A record from this system of information submitted by an individual Records are maintained in paper and records may be disclosed to an who has requested such redress on electronic form, including on computer appropriate federal, state, tribal, local, behalf of another individual. databases, all of which are stored in a international, or foreign agency or other 13. Routine Use—Referral of secure location. appropriate authority charged with Correspondence: A record from this investigating or prosecuting a violation system of records may be disclosed to POLICIES AND PRACTICES FOR RETRIEVAL OF or enforcing or implementing a law, another Federal agency to refer RECORDS: rule, regulation, or order, where a correspondence or refer to record, either on its face or in correspondence, given the nature of the Records may be retrieved by conjunction with other information, issue. individual name; the name of the indicates a violation or potential 14. Routine Use—News Media and Member of Congress requesting a violation of law, which includes Public, Public Interest: Information in response; and the date of the criminal, civil, or regulatory violations this system of records may be disclosed correspondence. and such disclosure is proper and to the news media and the public, with consistent with the official duties of the the approval of the Senior Agency POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS: person making the disclosure. Official for Privacy, in consultation with 9. Routine Use—Litigation, DOJ or counsel, when there exists a legitimate Records are maintained in accordance Outside Counsel: A record from this public interest in the disclosure of the with the General Records Retention system of records may be disclosed to information; when disclosure is Schedules issued by the National the Department of Justice, FRTIB’s necessary to preserve confidence in the Archives and Records Administration outside counsel, other federal agency integrity of FRTIB; or when it is (NARA) or an FRTIB records disposition conducting litigation or in proceedings necessary to demonstrate the schedule.

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43673

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL DC 20002. Records may also be to an agency, organization, or individual SAFEGUARDS: maintained at an additional location for for the purpose of performing an audit FRTIB has adopted appropriate Business Continuity Purposes. or oversight operations as authorized by administrative, technical, and physical law, but only such information as is controls in accordance with FRTIB’s SYSTEM MANAGER(S): necessary and relevant to such audit or security program to protect the security, Human Resources Officer, Federal oversight function when necessary to confidentiality, availability, and Retirement Thrift Investment Board, 77 accomplish an agency function related integrity of the information, and to K Street NE, Suite 1000, Washington, to this system of records. Individuals ensure that records are not disclosed to DC 20002, (202) 942–1600. provided information under this routine use are subject to the same Privacy Act or accessed by unauthorized AUTHORITY FOR MAINTENANCE OF THE SYSTEM: individuals. requirements and limitations on Paper records are stored in locked file 5 U.S.C. 8474; 5 U.S.C. 301; 5 U.S.C. disclosure as are applicable to FRTIB cabinets in areas of restricted access that 6120; and 44 U.S.C. 3101. officers and employees. are locked after office hours. Electronic PURPOSE(S) OF THE SYSTEM: 2. Routine Use—Congressional Inquiries: A record from this system of records are stored on computer The purpose of this system of records networks and protected by assigning records may be disclosed to a is to collect and maintain records on Congressional office from the record of usernames to individuals needing prospective, current, and former FRTIB access to the records and by passwords an individual in response to an inquiry employees who have participated in, from that Congressional office made at set by unauthorized users that must be presently participate in, or have sought changed periodically. the request of the individual to whom to participate in FRTIB’s Telework the record pertains. RECORD ACCESS PROCEDURES: Program. 3. Routine Use—Contractors, et al.: A Individuals seeking to determine CATEGORIES OF INDIVIDUALS COVERED BY THE record from this system of records may whether this system of records contains SYSTEM: be disclosed to contractors, grantees, information about themselves should Prospective, current, and former experts, consultants, the agents thereof, submit a written request to the FOIA FRTIB employees who have been and others performing or working on a Officer, FRTIB, 77 K Street NE, Suite granted or denied authorization to contract, service, grant, cooperative 1000, Washington, DC 20002, and participate in FRTIB’s Telework agreement, or other assignment for include the following information: Program to work at an alternative FRTIB, when necessary to accomplish an agency function related to this a. Full name; worksite apart from their official FRTIB system of records. Individuals provided b. Any available information duty station. regarding the type of record involved; information under this routine use are c. The address to which the record CATEGORIES OF RECORDS IN THE SYSTEM: subject to the same Privacy Act information should be sent; and Name, position title, grade level, job requirements and limitations on d. You must sign your request. series, and office name; official FRTIB disclosure as are applicable to FRTIB Attorneys or other persons acting on duty station address and telephone officers and employees. behalf of an individual must provide number; alternative worksite address 4. Routine Use—Former Employees: A written authorization from that and telephone number(s); date telework record from this system of records may individual, such as a Power of Attorney, agreement received and approved/ be disclosed to a former employee of the in order for the representative to act on denied; telework request and approval FRTIB, in accordance with applicable their behalf. Individuals requesting form; telework agreement; self- regulations, for purposes of responding access must also comply with FRTIB’s certification home safety checklist, and to an official inquiry by a federal, state, Privacy Act regulations regarding supervisor-employee checklist; type of or local government entity or verification of identity and access to telework requested (e.g., situational or professional licensing authority; or such records, available at 5 CFR part core); regular work schedule; telework facilitating communications with a 1630. schedule; approvals/disapprovals; former employee that may be necessary description and list of government- for personnel-related or other official CONTESTING RECORD PROCEDURES: owned equipment and software purposes where the FRTIB requires See Record Access Procedures above. provided to the teleworker; mass transit information or consultation assistance from the former employee regarding a NOTIFICATION PROCEDURES: benefits received through FRTIB’s mass transit subsidy program; parking matter within that person’s former area See Record Access Procedures above. subsidies received through FRTIB’s of responsibility. 5. Routine Use—Investigations, Third EXEMPTIONS PROMULGATED FOR THE SYSTEM subsidized parking program; and any : Parties: A record from this system of other miscellaneous documents None. records may be disclosed to third parties supporting telework. HISTORY: during the course of a law enforcement investigation to the extent necessary to 81 FR 7106 (Feb. 10, 2016). RECORD SOURCE CATEGORIES: Subject individuals; subject obtain information pertinent to the SYSTEM NAME AND NUMBER: individuals’ supervisors. investigation, provided disclosure is FRTIB–17, Telework and Alternative appropriate to the proper performance Work Schedule Records. ROUTINE USES OF RECORDS MAINTAINED IN THE of the official duties of the third party SYSTEM, INCLUDING CATEGORIES OF USERS AND officer making the disclosure. SECURITY CLASSIFICATION: PURPOSES OF SUCH USES: 6. Routine Use—Investigations, Other Unclassified. Information about covered Agencies: A record from this system of individuals may be disclosed without records may be disclosed to appropriate SYSTEM LOCATION: consent as permitted by the Privacy Act federal, state, local, tribal, or foreign Records are maintained at the Federal of 1974, 5 U.S.C. 552a(b), and: government agencies or multilateral Retirement Thrift Investment Board, 77 1. Routine Use—Audit: A record from governmental organizations for the K Street NE, Suite 1000, Washington, this system of records may be disclosed purpose of investigating or prosecuting

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 43674 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

the violations of, or for enforcing or with criminal law proceedings or in records, (2) FRTIB has determined that implementing, a statute, rule, response to a subpoena. as a result of the suspected or confirmed regulation, order, license, or treaty 11. Routine Use—NARA/Records breach there is a risk of harm to where FRTIB determines that the Management: A record from this system individuals, FRTIB (including its information would assist in the of records may be disclosed to the information systems, programs, and enforcement of civil or criminal laws. National Archives and Records operations), the Federal Government, or 7. Routine Use—Law Enforcement Administration (NARA) or other federal national security; and (3) the disclosure Intelligence: A record from this system government agencies pursuant to the made to such agencies, entities, and of records may be disclosed to a federal, Federal Records Act. persons is reasonably necessary to assist state, tribal, local, or foreign government 12. Routine Use—Redress: A record in connection with FRTIB’s efforts to agency or organization, or international from this system of records may be respond to the suspected or confirmed organization, lawfully engaged in disclosed to a federal, state, tribal, local, breach or to prevent, minimize, or collecting law enforcement intelligence international, or foreign government remedy such harm. information, whether civil or criminal, agency or entity for the purpose of 19. Routine Use—Response to Breach or charged with investigating, consulting with that agency or entity: (1) of Other Records: A record from this prosecuting, enforcing or implementing To assist in making a determination system may be disclosed to another civil or criminal laws, related rules, regarding redress for an individual in Federal agency or Federal entity, when regulations or orders, to enable these connection with the operations of a FRTIB determines that information from entities to carry out their law FRTIB program; (2) for the purpose of this system of records is reasonably enforcement responsibilities, including verifying the identity of an individual necessary to assist the recipient agency the collection of law enforcement seeking redress in connection with the or entity in (1) responding to a intelligence. operations of a FRTIB program; or (3) for suspected or confirmed breach or (2) 8. Routine Use—Law Enforcement the purpose of verifying the accuracy of preventing, minimizing, or remedying Referrals: A record from this system of information submitted by an individual the risk of harm to individuals, the records may be disclosed to an who has requested such redress on recipient agency or entity (including its appropriate federal, state, tribal, local, behalf of another individual. information systems, programs, and international, or foreign agency or other 13. Routine Use—Medical operations), the Federal Government, or appropriate authority charged with Professionals: A record from this system national security, resulting from a investigating or prosecuting a violation may be disclosed to medical suspected or confirmed breach. or enforcing or implementing a law, professionals to obtain information rule, regulation, or order, where a about an employee’s medical POLICIES AND PRACTICES FOR STORAGE OF record, either on its face or in background necessary to grant or deny RECORDS: conjunction with other information, approval of medical telework. Records are maintained in paper and indicates a violation or potential 14. Routine Use—Emergency electronic form, including on computer violation of law, which includes Preparedness: A record from this system databases, all of which are stored in a criminal, civil, or regulatory violations may be disclosed to federal, state, or secure location. and such disclosure is proper and local governments during actual POLICIES AND PRACTICES FOR RETRIEVAL OF consistent with the official duties of the emergencies, exercises, or Business RECORDS: person making the disclosure. Continuity Purpose tests for emergency 9. Routine Use—Litigation, DOJ or preparedness and disaster recovery Records are retrieved by any one or Outside Counsel: A record from this training exercises. more of the following: Employee name; system of records may be disclosed to 15. Routine Use—Report of Injury, and the office in which the employee the Department of Justice, FRTIB’s Department of Labor: A record from this works, will work, or previously worked. outside counsel, other federal agency system may be disclosed to the POLICIES AND PRACTICES FOR RETENTION AND conducting litigation or in proceedings Department of Labor when an employee DISPOSAL OF RECORDS: before any court, adjudicative or is injured when working at home while Records are maintained in accordance administrative body, when: (1) FRTIB, in the performance of normal duties. with the General Records Retention or (b) any employee of FRTIB in his or 16. Routine Use—Telework Survey, Schedule 1, item 42, issued by the her official capacity, or (c) any Office of Personnel Management: A National Archives and Records employee of FRTIB in his or her record from this system may be Administration (NARA). individual capacity where DOJ or FRTIB disclosed to the Office of Personnel has agreed to represent the employee, or Management (OPM) for use in its ADMINISTRATIVE, TECHNICAL, AND PHYSICAL (d) the United States or any agency Telework Survey to provide SAFEGUARDS: thereof, is a party to the litigation or has consolidated data on participation in FRTIB has adopted appropriate an interest in such litigation, and FRTIB FRTIB’s Telework Program. administrative, technical, and physical determines that the records are both 17. Routine Use—Third-Parties, controls in accordance with FRTIB’s relevant and necessary to the litigation Mediation/Alternative Dispute security program to protect the security, and the use of such records is Resolution: A record from this system of confidentiality, availability, and compatible with the purpose for which records may be disclosed to appropriate integrity of the information, and to FRTIB collected the records. third-parties contracted by FRTIB to ensure that records are not disclosed to 10. Routine Use—Litigation, facilitate mediation or other alternate or accessed by unauthorized Opposing Counsel: A record from this dispute resolution procedures or individuals. system of records may be disclosed to a programs. Paper records are stored in locked file court, magistrate, or administrative 18. Routine Use—Breach Mitigation cabinets in areas of restricted access that tribunal in the course of presenting and Notification: A record from this are locked after office hours. Electronic evidence, including disclosures to system may be disclosed to appropriate records are stored on computer opposing counsel or witnesses in the agencies, entities, and persons when (1) networks and protected by assigning course of civil discovery, litigation, or FRTIB suspects or has confirmed that usernames to individuals needing settlement negotiations or in connection there has been a breach of the system of access to the records and by passwords

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43675

set by unauthorized users that must be former employees with disabilities who oversight function when necessary to changed periodically. request or receive a reasonable accomplish an agency function related accommodation by FRTIB; (2) to track to this system of records. Individuals RECORD ACCESS PROCEDURES: and report the processing of requests for provided information under this routine Individuals seeking to determine FRTIB-wide reasonable use are subject to the same Privacy Act whether this system of records contains accommodations to comply with requirements and limitations on information about themselves should applicable laws and regulations; and (3) disclosure as are applicable to FRTIB submit a written request to the FOIA to preserve and maintain the officers and employees. Officer, FRTIB, 77 K Street NE, Suite confidentiality of medical information 2. Routine Use—Clearance Processing: 1000, Washington, DC 20002, and submitted by or on behalf of applicants A record from this system of records include the following information: or employees requesting a reasonable may be disclosed to an appropriate a. Full name; accommodation. federal, state, local, tribal, foreign, or b. Any available information international agency, if the information regarding the type of record involved; CATEGORIES OF INDIVIDUALS COVERED BY THE is relevant and necessary to a requesting c. The address to which the record SYSTEM: agency’s decision concerning the hiring information should be sent; and Prospective, current, and former or retention of an individual, or d. You must sign your request. FRTIB employees who request and/or issuance of a security clearance, Attorneys or other persons acting on receive a reasonable accommodation for background investigation, license, behalf of an individual must provide a disability; and authorized individuals contract, grant, or other benefit, or if the written authorization from that or representatives (e.g., family members information is relevant and necessary to individual, such as a Power of Attorney, or attorneys) who file a request for a a FRTIB decision concerning the hiring in order for the representative to act on reasonable accommodation on behalf of or retention of an employee, the their behalf. Individuals requesting a prospective, current, or former issuance of a security clearance, the access must also comply with FRTIB’s employee. reporting of an investigation of an Privacy Act regulations regarding CATEGORIES OF RECORDS IN THE SYSTEM: employee, the letting of a contract, or verification of identity and access to the issuance of a license, grant or other Name and employment information of such records, available at 5 CFR part benefit and when disclosure is employees needing an accommodation; 1630. appropriate to the proper performance requestor’s name and contact of the official duties of the person CONTESTING RECORD PROCEDURES: information (if different than the making the request. See Record Access Procedures above. employee who needs an 3. Routine Use—Congressional accommodation); date request was NOTIFICATION PROCEDURES: Inquiries: A record from this system of initiated; information concerning the records may be disclosed to a See Record Access Procedures above. nature of the disability and the need for Congressional office from the record of accommodation, including appropriate EXEMPTIONS PROMULGATED FOR THE SYSTEM: an individual in response to an inquiry medical documentation; details of the None. from that Congressional office made at accommodation request, such as: Type the request of the individual to whom HISTORY: of accommodation requested, how the the record pertains. requested accommodation would assist 81 FR 7106 (Feb. 10, 2016). 4. Routine Use—Contractors, et al.: A in job performance, the sources of record from this system of records may SYSTEM NAME AND NUMBER: technical assistance consulted in trying be disclosed to contractors, grantees, FRTIB–18, Reasonable to identify alternative reasonable experts, consultants, the agents thereof, Accommodation Records. accommodation, any additional and others performing or working on a information provided by the requestor contract, service, grant, cooperative SECURITY CLASSIFICATION: related to the processing of the request, agreement, or other assignment for Unclassified. and whether the request was approved FRTIB, when necessary to accomplish or denied, and whether the an agency function related to this SYSTEM LOCATION: accommodation was approved for a trial system of records. Individuals provided Records are maintained at the Federal period; and notification(s) to the information under this routine use are Retirement Thrift Investment Board, 77 employee and his/her supervisor(s) subject to the same Privacy Act K Street NE, Suite 1000, Washington, regarding the accommodation. requirements and limitations on DC 20002. Records may also be disclosure as are applicable to FRTIB RECORD SOURCE CATEGORIES: maintained at an additional location for officers and employees. Business Continuity Purposes. Subject individuals; subject 5. Routine Use—Former Employees: A individuals’ supervisors. SYSTEM MANAGER(S): record from this system of records may be disclosed to a former employee of the Human Resources Officer, Federal ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND FRTIB, in accordance with applicable Retirement Thrift Investment Board, 77 PURPOSES OF SUCH USES: regulations, for purposes of responding K Street NE, Suite 1000, Washington, to an official inquiry by a federal, state, DC 20002, (202) 942–1600. Information about covered individuals may be disclosed without or local government entity or AUTHORITY FOR MAINTENANCE OF THE SYSTEM: consent as permitted by the Privacy Act professional licensing authority; or 5 U.S.C. 8474; 5 U.S.C. 301; 42 U.S.C. of 1974, 5 U.S.C. 552a(b), and: facilitating communications with a 12101 et seq.; 44 U.S.C. 3101; E.O. 1. Routine Use—Audit: A record from former employee that may be necessary 13164; and E.O. 13548. this system of records may be disclosed for personnel-related or other official to an agency, organization, or individual purposes where the FRTIB requires PURPOSE(S) OF THE SYSTEM: for the purpose of performing an audit information or consultation assistance The purpose of this system is to: (1) or oversight operations as authorized by from the former employee regarding a Allow FRTIB to collect and maintain law, but only such information as is matter within that person’s former area records on prospective, current, and necessary and relevant to such audit or of responsibility.

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 43676 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

6. Routine Use—Investigations, Third (d) the United States or any agency 16. Routine Use—Federal Agencies, Parties: A record from this system of thereof, is a party to the litigation or has Equal Employment and Reasonable records may be disclosed to third parties an interest in such litigation, and FRTIB Accommodation Issues: A record from during the course of a law enforcement determines that the records are both this system of records may be disclosed investigation to the extent necessary to relevant and necessary to the litigation to another federal agency or commission obtain information pertinent to the and the use of such records is with responsibility for labor or investigation, provided disclosure is compatible with the purpose for which employment relations or other issues, appropriate to the proper performance FRTIB collected the records. including equal employment of the official duties of the third party 11. Routine Use—Litigation, opportunity and reasonable officer making the disclosure. Opposing Counsel: A record from this accommodation issues, when that 7. Routine Use—Investigations, Other system of records may be disclosed to a agency or commission has jurisdiction Agencies: A record from this system of court, magistrate, or administrative over reasonable accommodation issues. records may be disclosed to appropriate tribunal in the course of presenting 17. Routine Use—Federal Agencies, federal, state, local, tribal, or foreign evidence, including disclosures to Reasonable Accommodation government agencies or multilateral opposing counsel or witnesses in the Requirements: A record from this governmental organizations for the course of civil discovery, litigation, or system of records may be disclosed to purpose of investigating or prosecuting settlement negotiations or in connection the Department of Labor (DOL), Office the violations of, or for enforcing or with criminal law proceedings or in of Personnel Management (OPM), Equal implementing, a statute, rule, response to a subpoena. Employment Opportunity Commission regulation, order, license, or treaty 12. Routine Use—NARA/Records (EEOC), or Office of Special Counsel where FRTIB determines that the Management: A record from this system (OSC) to obtain advice regarding information would assist in the of records may be disclosed to the statutory, regulatory, policy, and other enforcement of civil or criminal laws. National Archives and Records requirements related to reasonable 8. Routine Use—Law Enforcement Administration (NARA) or other federal accommodation. Intelligence: A record from this system 18. Routine Use—Mediation/ government agencies pursuant to the of records may be disclosed to a federal, Alternative Dispute Resolution: A Federal Records Act. state, tribal, local, or foreign government record from this system of records may 13. Routine Use—Redress: A record agency or organization, or international be disclosed to appropriate third-parties from this system of records may be organization, lawfully engaged in contracted by the Agency to facilitate disclosed to a federal, state, tribal, local, collecting law enforcement intelligence mediation or other alternative dispute information, whether civil or criminal, international, or foreign government resolution procedures or programs. or charged with investigating, agency or entity for the purpose of 19. Routine Use—Department of prosecuting, enforcing or implementing consulting with that agency or entity: (1) Defense, Procurement of Assistive civil or criminal laws, related rules, To assist in making a determination Technologies: A record from this system regulations or orders, to enable these regarding redress for an individual in of records may be disclosed to the entities to carry out their law connection with the operations of a Department of Defense (DOD) for the enforcement responsibilities, including FRTIB program; (2) for the purpose of purpose of procuring assistive the collection of law enforcement verifying the identity of an individual technologies and services through the intelligence. seeking redress in connection with the Computer/Electronic Accommodation 9. Routine Use—Law Enforcement operations of a FRTIB program; or (3) for Program in response to a request for Referrals: A record from this system of the purpose of verifying the accuracy of reasonable accommodation. records may be disclosed to an information submitted by an individual 20. Routine Use—Breach Mitigation appropriate federal, state, tribal, local, who has requested such redress on and Notification: A record from this international, or foreign agency or other behalf of another individual. system may be disclosed to appropriate appropriate authority charged with 14. Routine Use—Security Threat: A agencies, entities, and persons when (1) investigating or prosecuting a violation record from this system of records may FRTIB suspects or has confirmed that or enforcing or implementing a law, be disclosed to federal and foreign there has been a breach of the system of rule, regulation, or order, where a government intelligence or records, (2) FRTIB has determined that record, either on its face or in counterterrorism agencies when FRTIB as a result of the suspected or confirmed conjunction with other information, reasonably believes there to be a threat breach there is a risk of harm to indicates a violation or potential or potential threat to national or individuals, FRTIB (including its violation of law, which includes international security for which the information systems, programs, and criminal, civil, or regulatory violations information may be useful in countering operations), the Federal Government, or and such disclosure is proper and the threat or potential threat, when national security; and (3) the disclosure consistent with the official duties of the FRTIB reasonably believes such use is to made to such agencies, entities, and person making the disclosure. assist in anti-terrorism efforts, and persons is reasonably necessary to assist 10. Routine Use—Litigation, DOJ or disclosure is appropriate to the proper in connection with FRTIB’s efforts to Outside Counsel: A record from this performance of the official duties of the respond to the suspected or confirmed system of records may be disclosed to person making the disclosure. breach or to prevent, minimize, or the Department of Justice, FRTIB’s 15. Routine Use—Medical remedy such harm. outside counsel, other federal agency Professionals, Reasonable 21. Routine Use—Response to Breach conducting litigation or in proceedings Accommodation Documentation: A of Other Records: A record from this before any court, adjudicative or record from this system of records may system may be disclosed to another administrative body, when: (1) FRTIB, be disclosed to physicians or other Federal agency or Federal entity, when or (b) any employee of FRTIB in his or medical professionals to provide them FRTIB determines that information from her official capacity, or (c) any with or obtain from them the necessary this system of records is reasonably employee of FRTIB in his or her medical documentation and/or necessary to assist the recipient agency individual capacity where DOJ or FRTIB certification for reasonable or entity in (1) responding to a has agreed to represent the employee, or accommodations. suspected or confirmed breach or (2)

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43677

preventing, minimizing, or remedying access must also comply with FRTIB’s employees assigned to handle such the risk of harm to individuals, the Privacy Act regulations regarding requests or appeals. recipient agency or entity (including its verification of identity and access to information systems, programs, and such records, available at 5 CFR part CATEGORIES OF RECORDS IN THE SYSTEM: operations), the Federal Government, or 1630. Records in this system include, but national security, resulting from a are not limited to: (1) Records received, suspected or confirmed breach. CONTESTING RECORD PROCEDURES: created, or compiled in processing FOIA See Record Access Procedures above. requests or appeals, including original POLICIES AND PRACTICES FOR STORAGE OF requests and appeals, intra- or inter- NOTIFICATION PROCEDURES: RECORDS: agency memoranda, referrals, Records are maintained in paper and See Record Access Procedures above. correspondence notes, fee schedules, electronic form, including on computer EXEMPTIONS PROMULGATED FOR THE SYSTEM: assessments, cost calculations, and databases, all of which are stored in a None. other documentation related to the secure location. referral and/or processing of the FOIA HISTORY: request or appeal, correspondence with POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS: 81 FR 7106 (Feb. 10, 2016). the individuals or entities that submitted the requests, and copies of Records are retrieved by any one or SYSTEM NAME AND NUMBER: requested records; (2) the type of more of the following: Employee name FRTIB–19, Freedom of Information information in the records may include or assigned case number. Act Records. requestors’ and their attorneys’ or POLICIES AND PRACTICES FOR RETENTION AND representatives’ contact information, the SECURITY CLASSIFICATION: DISPOSAL OF RECORDS: contact information of FRTIB Records are maintained in accordance Unclassified. employees, the name of the individual with the General Records Retention SYSTEM LOCATION: subject of the request or appeal, fee determinations, unique case identifier, Schedule 1, item 24, issued by the Records are maintained at the Federal and other identifiers provided by a National Archives and Records Retirement Thrift Investment Board, 77 requestor about him or herself or about Administration (NARA). K Street NE, Suite 1000, Washington, the individual whose records are DC 20002. Records may also be ADMINISTRATIVE, TECHNICAL, AND PHYSICAL requested. SAFEGUARDS: maintained at an additional location for FRTIB has adopted appropriate Business Continuity Purposes. RECORD SOURCE CATEGORIES: administrative, technical, and physical SYSTEM MANAGER(S): Records are obtained from those controls in accordance with FRTIB’s Chief FOIA Officer, Retirement Thrift individuals who submit requests and security program to protect the security, Investment Board, 77 K Street NE, Suite administrative appeals pursuant to the confidentiality, availability, and 1000, Washington, DC 20002, (202) 942– FOIA or who file litigation regarding integrity of the information, and to 1600. such requests and appeals; the agency ensure that records are not disclosed to record keeping systems searched in the or accessed by unauthorized AUTHORITY FOR MAINTENANCE OF THE SYSTEM: process of responding to such requests individuals. 5 U.S.C. 8474; 5 U.S.C. 552; and 44 and appeals; FRTIB employees assigned Paper records are stored in locked file U.S.C. 3101. to handle such requests, appeals, and/or cabinets in areas of restricted access that litigation; other agencies or entities that are locked after office hours. Electronic PURPOSE(S) OF THE SYSTEM: have referred to FRTIB requests records are stored on computer The purpose of this system is to concerning FRTIB records, or that have networks and protected by assigning support the processing of record access consulted with FRTIB regarding usernames to individuals needing requests made pursuant to the Freedom handling of particular requests; and access to the records and by passwords of Information Act (FOIA), whether submitters or subjects of records or set by unauthorized users that must be FRTIB receives such requests directly information that have provided changed periodically. from the requestor or via referral from assistance to FRTIB in making access or another agency. In addition, this system amendment determinations. RECORD ACCESS PROCEDURES: is used to support litigation arising from Individuals seeking to determine such requests and appeals, and to assist ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND whether this system of records contains FRTIB in carrying out any other PURPOSES OF SUCH USES: information about themselves should responsibilities under the FOIA. submit a written request to the FOIA Information about covered Officer, FRTIB, 77 K Street NE, Suite CATEGORIES OF INDIVIDUALS COVERED BY THE individuals may be disclosed without 1000, Washington, DC 20002, and SYSTEM: consent as permitted by the Privacy Act include the following information: This system of records covers all of 1974, 5 U.S.C. 552a(b), and: a. Full name; individuals who submit requests 1. Routine Use—Audit: A record from b. Any available information pursuant to the FOIA; individuals this system of records may be disclosed regarding the type of record involved; whose requests and/or records have to an agency, organization, or individual c. The address to which the record been referred to FRTIB by other for the purpose of performing an audit information should be sent; and agencies; attorneys or other persons or oversight operations as authorized by d. You must sign your request. representing individuals submitting law, but only such information as is Attorneys or other persons acting on such requests and appeals; individuals necessary and relevant to such audit or behalf of an individual must provide who are the subjects of such requests oversight function when necessary to written authorization from that and appeals; individuals who file accomplish an agency function related individual, such as a Power of Attorney, litigation based on their requests; to this system of records. Individuals in order for the representative to act on Department of Justice (DOJ) and other provided information under this routine their behalf. Individuals requesting government litigators; and/or FRTIB use are subject to the same Privacy Act

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 43678 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices

requirements and limitations on obtain information pertinent to the and the use of such records is disclosure as are applicable to FRTIB investigation, provided disclosure is compatible with the purpose for which officers and employees. appropriate to the proper performance FRTIB collected the records. 2. Routine Use—Clearance Processing: of the official duties of the third party 11. Routine Use—Litigation, A record from this system of records officer making the disclosure. Opposing Counsel: A record from this may be disclosed to an appropriate 7. Routine Use—Investigations, Other system of records may be disclosed to a federal, state, local, tribal, foreign, or Agencies: A record from this system of court, magistrate, or administrative international agency, if the information records may be disclosed to appropriate tribunal in the course of presenting is relevant and necessary to a requesting federal, state, local, tribal, or foreign evidence, including disclosures to agency’s decision concerning the hiring government agencies or multilateral opposing counsel or witnesses in the or retention of an individual, or governmental organizations for the course of civil discovery, litigation, or issuance of a security clearance, purpose of investigating or prosecuting settlement negotiations or in connection background investigation, license, the violations of, or for enforcing or with criminal law proceedings or in contract, grant, or other benefit, or if the implementing, a statute, rule, response to a subpoena. information is relevant and necessary to regulation, order, license, or treaty 12. Routine Use—NARA/Records a FRTIB decision concerning the hiring where FRTIB determines that the Management: A record from this system or retention of an employee, the information would assist in the of records may be disclosed to the issuance of a security clearance, the enforcement of civil or criminal laws. National Archives and Records reporting of an investigation of an 8. Routine Use—Law Enforcement Administration (NARA) or other federal employee, the letting of a contract, or Intelligence: A record from this system government agencies pursuant to the the issuance of a license, grant or other of records may be disclosed to a federal, Federal Records Act. benefit and when disclosure is state, tribal, local, or foreign government 13. Routine Use—Redress: A record appropriate to the proper performance agency or organization, or international from this system of records may be of the official duties of the person organization, lawfully engaged in disclosed to a federal, state, tribal, local, making the request. collecting law enforcement intelligence international, or foreign government 3. Routine Use—Congressional information, whether civil or criminal, agency or entity for the purpose of Inquiries: A record from this system of or charged with investigating, consulting with that agency or entity: (1) records may be disclosed to a prosecuting, enforcing or implementing To assist in making a determination Congressional office from the record of civil or criminal laws, related rules, regarding redress for an individual in an individual in response to an inquiry regulations or orders, to enable these connection with the operations of a from that Congressional office made at entities to carry out their law FRTIB program; (2) for the purpose of the request of the individual to whom enforcement responsibilities, including verifying the identity of an individual the record pertains. the collection of law enforcement seeking redress in connection with the 4. Routine Use—Contractors, et al.: A intelligence. operations of a FRTIB program; or (3) for record from this system of records may 9. Routine Use—Law Enforcement the purpose of verifying the accuracy of be disclosed to contractors, grantees, Referrals: A record from this system of information submitted by an individual experts, consultants, the agents thereof, records may be disclosed to an who has requested such redress on and others performing or working on a appropriate federal, state, tribal, local, behalf of another individual. contract, service, grant, cooperative international, or foreign agency or other 14. Routine Use—Security Threat: A agreement, or other assignment for appropriate authority charged with record from this system of records may FRTIB, when necessary to accomplish investigating or prosecuting a violation be disclosed to federal and foreign an agency function related to this or enforcing or implementing a law, government intelligence or system of records. Individuals provided rule, regulation, or order, where a counterterrorism agencies when FRTIB information under this routine use are record, either on its face or in reasonably believes there to be a threat subject to the same Privacy Act conjunction with other information, or potential threat to national or requirements and limitations on indicates a violation or potential international security for which the disclosure as are applicable to FRTIB violation of law, which includes information may be useful in countering officers and employees. criminal, civil, or regulatory violations the threat or potential threat, when 5. Routine Use—Former Employees: A and such disclosure is proper and FRTIB reasonably believes such use is to record from this system of records may consistent with the official duties of the assist in anti-terrorism efforts, and be disclosed to a former employee of the person making the disclosure. disclosure is appropriate to the proper FRTIB, in accordance with applicable 10. Routine Use—Litigation, DOJ or performance of the official duties of the regulations, for purposes of responding Outside Counsel: A record from this person making the disclosure. to an official inquiry by a federal, state, system of records may be disclosed to 15. Routine Uses—Federal Agencies, or local government entity or the Department of Justice, FRTIB’s FOIA Processing: A record from this professional licensing authority; or outside counsel, other federal agency system of records may be disclosed to a facilitating communications with a conducting litigation or in proceedings federal agency or other federal entity former employee that may be necessary before any court, adjudicative or that furnished the record or information for personnel-related or other official administrative body, when: (1) FRTIB, for the purpose of permitting that purposes where the FRTIB requires or (b) any employee of FRTIB in his or agency or entity to make a decision information or consultation assistance her official capacity, or (c) any regarding access to or correction of the from the former employee regarding a employee of FRTIB in his or her record or information, or to a federal matter within that person’s former area individual capacity where DOJ or FRTIB agency or entity for purposes of of responsibility. has agreed to represent the employee, or providing guidance or advice regarding 6. Routine Use—Investigations, Third (d) the United States or any agency the handling of a particular request. Parties: A record from this system of thereof, is a party to the litigation or has 16. Routine Uses—Department of records may be disclosed to third parties an interest in such litigation, and FRTIB Justice, Advice: A record from this during the course of a law enforcement determines that the records are both system of records may be disclosed to investigation to the extent necessary to relevant and necessary to the litigation the Department of Justice (DOJ) to

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4703 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Notices 43679

obtain advice regarding statutory and recipient agency or entity (including its records are stored on computer other requirements under the FOIA. information systems, programs, and networks and protected by assigning 17. Routine Use—OGIS, FOIA operations), the Federal Government, or usernames to individuals needing Responsibilities: A record from this national security, resulting from a access to the records and by passwords system of records may be disclosed to suspected or confirmed breach. set by unauthorized users that must be the National Archives and Records changed periodically. Administration, Office of Government POLICIES AND PRACTICES FOR STORAGE OF Information Services (OGIS), to the RECORDS: RECORD ACCESS PROCEDURES: extent necessary to fulfill its Records are maintained in paper and Individuals seeking to determine responsibilities in 5 U.S.C. 552(h) to electronic form, including on computer whether this system of records contains review administrative agency policies, databases, all of which are stored in a information about themselves should procedures, and compliance with the secure location. submit a written request to the FOIA FOIA, and to facilitate OGIS’s offering of POLICIES AND PRACTICES FOR RETRIEVAL OF Officer, FRTIB, 77 K Street NE, Suite mediation services to resolve disputes RECORDS: 1000, Washington, DC 20002, and between persons making FOIA requests include the following information: Records are retrieved by any one or and administrative agencies. a. Full name; more of the following: The name of the 18. Routine Use—Breach Mitigation requestor; the number assigned to the b. Any available information and Notification: A record from this request or appeal; and in some regarding the type of record involved; system may be disclosed to appropriate instances, the name of the attorney c. The address to which the record agencies, entities, and persons when (1) representing the requestor or appellant, information should be sent; and FRTIB suspects or has confirmed that and/or the name of an individual who d. You must sign your request. there has been a breach of the system of is the subject of such a request or Attorneys or other persons acting on records, (2) FRTIB has determined that appeal. behalf of an individual must provide as a result of the suspected or confirmed written authorization from that breach there is a risk of harm to POLICIES AND PRACTICES FOR RETENTION AND individual, such as a Power of Attorney, individuals, FRTIB (including its DISPOSAL OF RECORDS: in order for the representative to act on information systems, programs, and Records are retained and disposed of their behalf. Individuals requesting operations), the Federal Government, or in accordance with the General Records access must also comply with FRTIB’s national security; and (3) the disclosure Schedule 4.2, item 020, issued by the Privacy Act regulations regarding made to such agencies, entities, and National Archives and Records verification of identity and access to persons is reasonably necessary to assist Administration (NARA). such records, available at 5 CFR part in connection with FRTIB’s efforts to 1630. respond to the suspected or confirmed ADMINISTRATIVE, TECHNICAL, AND PHYSICAL breach or to prevent, minimize, or SAFEGUARDS: CONTESTING RECORD PROCEDURES: remedy such harm. FRTIB has adopted appropriate See Record Access Procedures above. 19. Routine Use—Response to Breach administrative, technical, and physical of Other Records: A record from this controls in accordance with FRTIB’s NOTIFICATION PROCEDURES: system may be disclosed to another security program to protect the security, See Record Access Procedures above. Federal agency or Federal entity, when confidentiality, availability, and FRTIB determines that information from integrity of the information, and to EXEMPTIONS PROMULGATED FOR THE SYSTEM: this system of records is reasonably ensure that records are not disclosed to None. necessary to assist the recipient agency or accessed by unauthorized HISTORY: or entity in (1) responding to a individuals. suspected or confirmed breach or (2) Paper records are stored in locked file 81 FR 7106 (Feb. 10, 2016). preventing, minimizing, or remedying cabinets in areas of restricted access that [FR Doc. 2020–15468 Filed 7–16–20; 8:45 am] the risk of harm to individuals, the are locked after office hours. Electronic BILLING CODE 6760–01–P

VerDate Sep<11>2014 18:19 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4701 Sfmt 9990 E:\FR\FM\17JYN2.SGM 17JYN2 khammond on DSKJM1Z7X2PROD with NOTICES2 i

Reader Aids Federal Register Vol. 85, No. 138 Friday, July 17, 2020

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

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. 3...... 42630 Presidential Documents 3 CFR 4...... 42630 Proclamations: Executive orders and proclamations 741–6000 11...... 42630 10053...... 39821 The United States Government Manual 741–6000 16...... 42630 10054...... 40085 Other Services 10055...... 40087 19...... 42630 23...... 42630 741–6020 Executive Orders: Electronic and on-line services (voice) 26...... 42630 13555 (superseded by Privacy Act Compilation 741–6050 32...... 42630 EO 13935)...... 42683 34...... 43420 13889 (superseded in 45...... 39464, 39754 ELECTRONIC RESEARCH part by EO 108...... 42630 13935) ...... 42683 World Wide Web 112...... 42630 13931...... 39455 141...... 42630 13932...... 39457 Full text of the daily Federal Register, CFR and other publications 160...... 42630 13933...... 40081 is located at: www.govinfo.gov. 161...... 42630 13934...... 41165 163...... 42630 Federal Register information and research tools, including Public 13935...... 42683 Inspection List and electronic text are located at: 13936...... 43413 192...... 42630 www.federalregister.gov. 195...... 42630 5 CFR 215...... 43119 E-mail 185...... 42299 237...... 39464, 39754 FEDREGTOC (Daily Federal Register Table of Contents Electronic 1605...... 40569 349...... 39464, 39754 Mailing List) is an open e-mail service that provides subscribers 1650...... 40569 624...... 39464, 39754 with a digital form of the Federal Register Table of Contents. The 1651...... 40569 1041...... 41905 digital form of the Federal Register Table of Contents includes 2429...... 41169 1221...... 39464, 39754 HTML and PDF links to the full text of each document. Proposed Rules: Proposed Rules: 7...... 40794, 40827 To join or leave, go to https://public.govdelivery.com/accounts/ 531...... 41439 22...... 40442 USGPOOFR/subscriber/new, enter your email address, then 841...... 39851 145...... 40794 follow the instructions to join, leave, or manage your 843...... 39852 155...... 40827 subscription. 7 CFR 160...... 40794 PENS (Public Law Electronic Notification Service) is an e-mail 9...... 41321, 41328 208...... 40442 service that notifies subscribers of recently enacted laws. 66...... 40867 303...... 41442 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 201...... 40571 339...... 40442 and select Join or leave the list (or change settings); then follow 202...... 40571 347...... 41442 the instructions. 253...... 42300 614...... 40442 900...... 41173 760...... 40442 FEDREGTOC and PENS are mailing lists only. We cannot 1026...... 41448, 41716 respond to specific inquiries. 930...... 40867 956...... 41323 Reference questions. Send questions and comments about the 985...... 41325 14 CFR Federal Register system to: [email protected] 1260...... 39461 25 ...... 41331, 41334, 43422, The Federal Register staff cannot interpret specific documents or 1779...... 42494 43423 regulations. 3575...... 42494 39 ...... 39470, 39829, 40584, 4279...... 42494 40586, 40873, 41175, 41177, 4287...... 42494 FEDERAL REGISTER PAGES AND DATE, JULY 41180, 41906, 41910, 42687, 5001...... 42494 42689 39455–39828...... 1 8 CFR 71 ...... 39472, 39473, 39475, 39829–40086...... 2 40089, 40588, 41184, 41337, Proposed Rules: 41339, 41340, 41342, 41343, 40087–40568...... 6 208...... 41201 40569–40866...... 7 41344, 41345, 43425, 43427, 1208...... 41201 43428, 43429, 43431, 43432 40867–41168...... 8 95...... 40092 41169–41320...... 9 9 CFR 97...... 41912, 41914 41321–41904...... 10 161...... 41905 Proposed Rules: 41905–42298...... 13 10 CFR 39 ...... 39503, 41219, 41221, 42299–42686...... 14 72...... 43419 42746, 42749, 43153, 43160, 42687–43118...... 15 43496, 43499, 43503, 43506 43119–43412...... 16 Proposed Rules: 35...... 41442 71 ...... 40138, 40140, 40142, 43413–43680...... 17 430...... 43493 43508, 43510, 43511 1061...... 39495 15 CFR 12 CFR Proposed Rules: Ch. X...... 41330 922...... 40143

VerDate Sep 11 2014 20:16 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\17JYCU.LOC 17JYCU khammond on DSKJM1Z7X2PROD with FR-3CU ii Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Reader Aids

16 CFR 32 CFR 1505...... 43304 47 CFR 1112...... 40100 103...... 42707 1506...... 43304 1...... 41929, 43124 1224...... 40875 319...... 40016 1507...... 43304 2...... 43124 1225...... 40876 320...... 40017 1508...... 43304 20...... 43124 1228...... 40876 322...... 40017 1515...... 43304 27...... 43124 1232...... 40877 326...... 40018 1516...... 43304 51...... 40908 1517...... 43304 1239...... 40100 Proposed Rules: 54...... 40908, 41930 1518...... 43304 Proposed Rules: 56...... 43168 61...... 40908 1700...... 43465 323...... 43162 286...... 39856 69...... 40908 Proposed Rules: 73 ...... 42742, 43142, 43478 17 CFR 33 CFR 52 ...... 39505, 40026, 40156, 74...... 43478 40158, 40160, 40165, 40618, 4...... 40877 100...... 41368 76...... 42742 40951, 41477, 41479, 42337, 23...... 41346 117...... 41186 90...... 41416, 43124 42803, 43187, 43526 232...... 39476 165 ...... 39852, 40899, 41188, Proposed Rules: 239...... 39476 41189, 41370, 42303, 43121, 62...... 41484, 42807 81 ...... 39505, 40026, 41479, 1...... 39859, 40168 Proposed Rules: 43122, 43437 42337 2...... 40168 1...... 42755 Proposed Rules: 86...... 39858 15...... 42345 23...... 41463 100...... 40612, 40614 281...... 39517 73...... 43195 38...... 42755, 42761 110...... 40153 300 ...... 40958, 40959, 41486, 101...... 40168 40...... 42755 117...... 41932 41487, 42341, 42343, 42809, 170...... 42755 162...... 41935 42813, 43191, 43193 165...... 41469 48 CFR 18 CFR 600...... 39858 167...... 40155 Ch. I...... 40060, 40077, 42664, 35...... 42692 41 CFR 42680 153...... 40113 34 CFR 1...... 40061, 42665 Appendix A to Ch. 157...... 40113 Ch. II ...... 42305 2 ...... 40061, 40064, 40068 301 ...... 39847 Proposed Rules: Ch. III...... 39833, 41379 3...... 40064 Appendix B to Ch. 342...... 39854 76...... 39479 4 ...... 40061, 40068, 40076, 301 ...... 39847 263...... 41372, 43442 42665 19 CFR Appendix E to Ch. 5...... 40076 36 CFR 301 ...... 39847 181...... 39690 9...... 40064, 40076 300–3...... 39847 182...... 39690 251...... 41387 13 ...... 40064, 40068, 42665 300–70...... 39847 208...... 41355 14...... 40071 351...... 41363 37 CFR 300–80...... 39847 300–90...... 39847 15...... 40068, 40071 Proposed Rules: 16...... 40064, 40068 21 CFR 210...... 43517 301–10...... 39847 301–11...... 39847 18...... 40076 172...... 41916 22...... 40064 801...... 39477 38 CFR 301–13...... 39847 301–52...... 39847 25...... 40064 1308...... 42296 17...... 42724 301–70...... 39847 27...... 40076 Proposed Rules: Proposed Rules: 301–72...... 39847 30...... 40076 1308...... 42290 3...... 41471 301–73...... 39847 39...... 42665 52 ...... 40061, 40064, 40071, 24 CFR 39 CFR 301–74...... 39847 301–75...... 39847 40075, 40076, 42665 Proposed Rules: 501...... 41394 302–1...... 39847 53...... 40061 401...... 43165 40 CFR 302–4...... 39847 26 CFR 302–5...... 39847 49 CFR 35...... 43452, 43457 302–7...... 39847 1...... 40892, 43042 Ch. X...... 41422 52 ...... 39489, 41193, 41395, 302–8...... 39847 300...... 43433 192...... 40132 41397, 41399, 41400, 41405, 304–2...... 39847 602...... 40892 523...... 40901 41920, 41922, 41924, 41925, 304–6...... 39847 531...... 40901 Proposed Rules: 42726, 42728, 43461, 43463 60–1...... 39834 533...... 40901 1 ...... 40610, 40927, 43512 63 ...... 39980, 40386, 40594, 60–300...... 39834 54...... 42782 40740, 41100, 41276, 41411, 60–741...... 39834 536...... 40901 41680, 42074 537...... 40901 29 CFR 81 ...... 41193, 41400, 41405, 42 CFR 810...... 39782 41925 2...... 42986 50 CFR 1910...... 42582 86...... 40901 71...... 42732 2509...... 40589 121...... 42210 218...... 41780 2510...... 40589 180 ...... 39491, 40018, 40022, Proposed Rules: 600...... 40915 2560...... 39831 40026, 40028, 41411 413...... 42132 622...... 43145 4022...... 42706 635...... 43148 260...... 40594 43 CFR Proposed Rules: 261...... 40594 648...... 43149 825...... 43513 278...... 40594 Proposed Rules: 660...... 40135 2550...... 40834 300...... 40906 2569...... 41495 679 ...... 40609, 41197, 41424, 2590...... 42782 372...... 42311 41427, 41931, 43492 44 CFR 600...... 40901 Proposed Rules: 30 CFR 1500...... 43304 64...... 41195 17...... 43203 75...... 41364 1501...... 43304 622...... 40181, 41513 1502...... 43304 45 CFR 648...... 43528 31 CFR 1503...... 43304 Proposed Rules: 665...... 41223 582...... 43436 1504...... 43304 147...... 42782 679...... 42817

VerDate Sep 11 2014 20:16 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\17JYCU.LOC 17JYCU khammond on DSKJM1Z7X2PROD with FR-3CU Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Reader Aids iii

The text of laws is not H.R. 7440/P.L. 116–149 enacted public laws. To published in the Federal Hong Kong Autonomy Act subscribe, go to https:// LIST OF PUBLIC LAWS Register but may be ordered (July 14, 2020; 134 Stat. 663) listserv.gsa.gov/cgi-bin/ in ‘‘slip law’’ (individual Last List July 15, 2020 wa.exe?SUBED1=PUBLAWS- pamphlet) form from the L&A=1 This is a continuing list of Superintendent of Documents, public bills from the current U.S. Government Publishing Public Laws Electronic Note: This service is strictly session of Congress which Office, Washington, DC 20402 Notification Service for email notification of new have become Federal laws. (phone, 202–512–1808). The (PENS) laws. The text of laws is not This list is also available text will also be made available through this service. online at https:// available at https:// PENS cannot respond to www.archives.gov/federal- www.govinfo.gov. Some laws PENS is a free email specific inquiries sent to this register/laws. may not yet be available. notification service of newly address.

VerDate Sep 11 2014 20:16 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\17JYCU.LOC 17JYCU khammond on DSKJM1Z7X2PROD with FR-3CU