Vol. 85 Tuesday, No. 52 March 17, 2020

Pages 15051–15334

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 85, No. 52

Tuesday, March 17, 2020

Agency for International Development Commerce Department NOTICES See Census Bureau Meetings: See International Trade Administration Board for International Food and Agricultural See National Oceanic and Atmospheric Administration Development; Correction, 15109 Commodity Credit Corporation Agriculture Department RULES See Animal and Plant Health Inspection Service Regional Conservation Partnership Program, 15051–15052 See Commodity Credit Corporation See Food and Nutrition Service Commodity Futures Trading Commission See Foreign Agricultural Service NOTICES NOTICES Meetings; Sunshine Act, 15142 Meetings: Grain Inspection Advisory Committee, 15109 Defense Acquisition Regulations System NOTICES Animal and Plant Health Inspection Service Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals: Agricultural Bioterrorism Protection Act of 2002; Biennial Defense Federal Acquisition Regulation Supplement, Review and Republication of the Select Agent and Contract Financing, 15143 Toxin List, 15078–15079 Defense Department Census Bureau See Defense Acquisition Regulations System NOTICES RULES Meetings: National Guard Bureau Privacy Program, 15066 Census Scientific Advisory Committee, 15112 TRICARE: Centers for Disease Control and Prevention Addition of Physical Therapist Assistants and Occupational Therapy Assistants as TRICARE- NOTICES Meetings: Authorized Providers, 15061–15066 NOTICES Disease, Disability, and Injury Prevention and Control Arms Sales, 15143–15150, 15153–15157 Special Emphasis Panel, 15184 Privacy Act; Systems of Records, 15150–15153 Children and Families Administration Education Department NOTICES Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Data Collection for the Next Generation of Enhanced Submissions, and Approvals: Employment Strategies Project, 15186–15187 Statewide Longitudinal Data System Survey 2020–2022; National Child Abuse and Neglect Data System, 15184– ED–2020–SCC–0010; Correction, 15157–15158 15186 Study of District and School Uses of Federal Education Funds, 15158 Civil Rights Commission NOTICES Energy Department Meetings: See Federal Energy Regulatory Commission Mississippi Advisory Committee, 15111–15112 Ohio Advisory Committee, 15111 Environmental Protection Agency RULES Coast Guard Air Quality State Implementation Plans; Approvals and RULES Promulgations: Drawbridge Operations: Massachusetts; Infrastructure State Implementation Plan Chelsea River, Chelsea, MA, 15067–15069 Requirements for the 2015 Ozone Standard, 15076 Long Creek, Nassau, NY, 15066–15067 Virginia; Infrastructure Requirements for the 2015 Ozone Security Zone: National Ambient Air Quality Standard, 15074– Limetree Bay Terminals, St. Croix, U.S. Virgin Islands, 15076 15069–15071 West Virginia; Infrastructure Requirements for the 2015 PROPOSED RULES Ozone Standard, 15071–15073 Safety Zones: Protection of Stratospheric Ozone: Northern California and Lake Tahoe Area Annual Adjustments to the Allowance System for Controlling Fireworks Events, San Francisco, CA, 15082–15087 Hydrochlorofluorocarbon Production and Import, NOTICES 2020–2029; and Other Updates, 15258–15301 Request for Applications: NOTICES National Offshore Safety Advisory Committee, 15211– Contractor Access to Confidential Business Information: 15212 Resource Conservation and Recovery Act, 15167

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Draft Endangered Species Act Biological Evaluations: Meetings: Carbaryl and Methomyl Registration Review, 15168– Green Lake Water Power Co., Green Lake Hydroelectric 15170 Project; Dispute Resolution Panel, 15158–15159 Meetings; Sunshine Act, 15161–15163 Export-Import Bank Petition for Declaratory Order: NOTICES Explorer Pipeline Co., 15160 Meetings: Schedule for Environmental Review: Advisory Committee of the Export-Import Bank of the Texas Eastern Transmission, LP; Lilly Compressor Units United States and Sub-Saharan Africa Advisory Replacement Project, 15165–15166 Committee of the Export-Import Bank of the United States; Correction, 15170 Federal Motor Carrier Safety Administration Meetings; Sunshine Act, 15170 NOTICES Meetings: Federal Aviation Administration Medical Review Board, 15250 RULES Airworthiness Directives: Federal Railroad Administration Daher Aircraft Design, LLC (Type Certificate Previously NOTICES Held by Quest Aircraft Design, LLC) Airplanes, Petition for Waiver of Compliance, 15250–15252 15052–15054 International Aero Engines LLC Turbofan Engines, Federal Reserve System 15054–15056 NOTICES The Boeing Company Airplanes, 15056–15059 Internal Appeals Process for Material Supervisory PROPOSED RULES Determinations and Policy Statement Regarding the Airworthiness Directives: Ombudsman for the Federal Reserve System, 15175– Austro Engine GmbH Engines, 15079–15082 15183 NOTICES Petition for Exemption; Summary: Food and Drug Administration Kenneth Thomas, 15249–15250 NOTICES Pitman Air, LLC, 15249 Agency Information Collection Activities; Proposals, Federal Communications Commission Submissions, and Approvals, 15187–15188 Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals: Comment Sought on Competitive Bidding Procedures and Food Additive, Color Additive (Including Labeling), Certain Program Requirements for the Rural Digital Submission of Information to a Master File in Opportunity Fund Auction (Auction 904), 15092–15108 NOTICES Support of Petitions; and Electronic Submission Meetings: Using Food and Drug Administration Form 3503, Federal Advisory Committee Act; Communications 15188–15190 Security, Reliability, and Interoperability Council, Determination That Products Were Not Withdrawn From 15171 Sale for Reasons of Safety or Effectiveness: Privacy Act; Matching Programs, 15170–15171 Potassium Chloride in 5 Percent Dextrose and 0.225 Percent Sodium Chloride Injection, 5 Federal Deposit Insurance Corporation Milliequivalents, 10 Milliequivalents, 15 NOTICES Milliequivalents, 20 Milliequivalents, 30 Agency Information Collection Activities; Proposals, Milliequivalents, and 40 Milliequivalents, in Plastic Submissions, and Approvals, 15172–15175 Containers, 15194–15195 Final Debarment Order: Federal Emergency Management Agency Jagen D. Lewicki, 15190–15191 NOTICES Matthew Dailey, 15193–15194 Final Flood Hazard Determinations, 15215–15219 Robert Richard Jodoin, 15195–15196 Flood Hazard Determinations; Changes, 15212–15215, Zhang Xiao Dong, 15191–15192 15219–15221 New Drug Applications: Pan American Laboratories, LLC, et al.; Withdrawal of Federal Energy Regulatory Commission Approval of Three, 15192–15193 NOTICES Agency Information Collection Activities; Proposals, Food and Nutrition Service Submissions, and Approvals, 15159–15160 PROPOSED RULES Application: Employment and Training Opportunities in the Coneross Power Corp., 15164 Supplemental Nutrition Assistance Program, 15304– Empire District Electric Co., 15166–15167 15334 Paddy Hill Holdings, LLC, 15161 Combined Filings, 15164–15165 Foreign Agricultural Service Complaint: NOTICES Apex Oil Co., Inc., FutureFuel Chemical Co. v. Colonial World Trade Organization Agricultural Quantity-Based Pipeline Co., 15160–15161 Safeguard Trigger Levels, 15109–15111 Indiana Municipal Power Agency, City of Lawrenceburg, IN v. PJM Interconnection, LLC, American Electric General Services Administration Power Service Corp., Lawrenceburg Power, LLC, NOTICES 15163–15164 Revision to Foreign Gift Minimal Value, 15184

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Health and Human Services Department Advisory Committee on Bankruptcy Rules, 15226 See Centers for Disease Control and Prevention Advisory Committee on Civil Rules, 15226–15227 See Children and Families Administration See Food and Drug Administration Justice Department See Health Resources and Services Administration NOTICES See National Institutes of Health Privacy Act; Systems of Records, 15227–15230 PROPOSED RULES Possession, Use, and Transfer of Select Agents and Toxins; Labor Department Biennial Review, 15087–15092 See Workers Compensation Programs Office NOTICES Declaration Under the Public Readiness and Emergency National Aeronautics and Space Administration Preparedness Act for Medical Countermeasures Against NOTICES COVID–19, 15198–15203 Intent to Grant an Exclusive Patent License, 15230–15231 Health Resources and Services Administration NOTICES National Endowment for the Humanities National Vaccine Injury Compensation Program: NOTICES List of Petitions Received, 15196–15198 Meetings: Humanities Panel, 15231–15232 Homeland Security Department See Coast Guard National Foundation on the Arts and the Humanities See Federal Emergency Management Agency See National Endowment for the Humanities See Transportation Security Administration See U.S. Citizenship and Immigration Services National Institutes of Health See U.S. Customs and Border Protection NOTICES Meetings: Internal Revenue Service Center for Scientific Review, 15203–15211 RULES National Heart, Lung, and Blood Institute, 15205–15208, Guidance Under Section 355(e) Regarding Predecessors, 15210–15211 Successors, and Limitation on Gain Recognition; National Institute of Allergy and Infectious Diseases, Guidance Under Section 355(f); Correcting 15207 Amendment, 15060–15061 National Institute of Arthritis and Musculoskeletal and Guidance Under Section 355(e) Regarding Predecessors, Skin Diseases, 15207–15208 Successors, and Limitation on Gain Recognition; National Institute of Biomedical Imaging and Guidance Under Section 355(f); Correction, 15061 Bioengineering, 15204 NOTICES National Institute of Diabetes and Digestive and Kidney Agency Information Collection Activities; Proposals, Diseases, 15203–15204 Submissions, and Approvals: National Institute of Mental Health, 15208 Employer’s Annual Federal Unemployment Forms, 15252–15253 National Oceanic and Atmospheric Administration Research Applied Analytics and Statistics Comprehensive RULES Taxpayer Attitude Survey, 15253–15254 Fisheries of the Exclusive Economic Zone Off Alaska: Treatment of Gain From Disposition of Certain Natural Sablefish Managed Under the Individual Fishing Quota Resource Recapture Property, 15253 Program, 15076–15077 International Trade Administration NOTICES Charter Renewal: NOTICES Advisory Committee on Commercial Remote Sensing, Antidumping or Countervailing Duty Investigations, Orders, 15124 or Reviews: Fish and Fish Product Import Provisions of the Marine Certain Corrosion-Resistant Steel Products From the Mammal Protection Act 2020 List of Foreign Fisheries, Republic of Korea, 15112–15114 15116–15124 Corrosion-Resistant Steel Products From the Republic of Meetings: Korea, 15114–15115 Fisheries of the Atlantic; Southeast Data, Assessment, International Trade Commission and Review, 15125 NOTICES New England Fishery Management Council, 15115– Investigations; Determinations, Modifications, and Rulings, 15116, 15124–15125 etc.: Takes of Marine Mammals Incidental to Specified Certain Beverage Dispensing Systems and Components Activities: Thereof, 15223–15224 Construction Activities Associated With the Raritan Bay Certain Child Carriers and Components Thereof, 15225– Pipeline, 15125–15142 15226 Sugar From Mexico, 15224–15225 Nuclear Regulatory Commission Meetings; Sunshine Act, 15224–15225 NOTICES Exemption and Combined License Amendment; Issuance: Judicial Conference of the United States Southern Nuclear Operating Company, Inc., Vogtle NOTICES Electric Generating Plant, Units 3 and 4, PCS Wetted Meetings: Perimeter Test Modification, 15232–15234 Advisory Committee on Appellate Rules, 15226 Meetings; Sunshine Act, 15234

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Securities and Exchange Commission U.S. Citizenship and Immigration Services NOTICES NOTICES Program for Allocation of Regulatory Responsibilities: Agency Information Collection Activities; Proposals, Order Approving and Declaring Effective a Proposed Submissions, and Approvals: Amendment to the Plan for the Allocation of Notice of Appeal or Motion, 15222–15223 Regulatory Responsibilities Between Cboe BZX Exchange, Inc., Cboe BYX Exchange, Inc., etc., U.S. Customs and Border Protection 15238–15240 RULES Self-Regulatory Organizations; Proposed Rule Changes: Arrival Restrictions Applicable to Flights Carrying Persons Cboe BYX Exchange, Inc., 15234–15238 New York Stock Exchange LLC, 15241–15242 Who Have Recently Traveled From or Were Otherwise The Nasdaq Stock Market LLC, 15240–15241 Present Within the Countries of the Schengen Area, 15059–15060 Small Business Administration NOTICES Veterans Affairs Department Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 15242–15243 Requests for Nominations: Major Disaster Declaration: Appointment to the Advisory Committee on Minority Puerto Rico, 15242–15244 Veterans, 15254–15255 Puerto Rico; Public Assistance Only, 15243 State Department Workers Compensation Programs Office NOTICES NOTICES Culturally Significant Objects Imported for Exhibition: Agency Information Collection Activities; Proposals, Asia Society Triennial: We Do Not Dream Alone, 15244 Submissions, and Approvals: Claude and Francois-Xavier Lalanne: Nature Application for Continuation of Death Benefit for Transformed, 15244 Student, 15230 Meetings: Commission on Unalienable Rights; Cancellation, 15244 Trade Representative, Office of United States Separate Parts In This Issue NOTICES Product Exclusions: Part II China’s Acts, Policies, and Practices Related to Environmental Protection Agency, 15258–15301 Technology Transfer, Intellectual Property, and Innovation, 15244–15249 Part III Transportation Department Agriculture Department, Food and Nutrition Service, See Federal Aviation Administration 15304–15334 See Federal Motor Carrier Safety Administration See Federal Railroad Administration Transportation Security Administration Reader Aids RULES Consult the Reader Aids section at the end of this issue for Arrival Restrictions Applicable to Flights Carrying Persons phone numbers, online resources, finding aids, and notice Who Have Recently Traveled From or Were Otherwise of recently enacted public laws. Present Within the Countries of the Schengen Area, To subscribe to the Federal Register Table of Contents 15059–15060 electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail Treasury Department address, then follow the instructions to join, leave, or See Internal Revenue Service manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 1464...... 15051 Proposed Rules: 271...... 15304 273...... 15304 331...... 15078 9 CFR Proposed Rules: 121...... 15078 14 CFR 39 (3 documents) ...... 15052, 15054, 15056 Proposed Rules: 39...... 15079 19 CFR Ch. I ...... 15059 26 CFR 1 (2 documents) ...... 15060, 15061 32 CFR 199...... 15061 329...... 15066 33 CFR 117 (2 documents) ...... 15066, 15067 165...... 15069 Proposed Rules: 165...... 15082 40 CFR 52 (3 documents) ...... 15071, 15074, 15076 82...... 15258 42 CFR Proposed Rules: 73...... 15087 47 CFR Proposed Rules: 1...... 15092 54...... 15092 49 CFR Ch. XII...... 15059 50 CFR 679...... 15076

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Rules and Regulations Federal Register Vol. 85, No. 52

Tuesday, March 17, 2020

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: program, including but not limited to, contains regulatory documents having general Michael Whitt; (202) 690–2267; email: information that verifies the producer’s applicability and legal effect, most of which [email protected]. Persons with status as a historically underserved are keyed to and codified in the Code of disabilities who require alternative producer, compliance with part 12 of Federal Regulations, which is published under means for communication should this title, and compliance with adjusted 50 titles pursuant to 44 U.S.C. 1510. contact the USDA Target Center at (202) gross income payment eligibility as The Code of Federal Regulations is sold by 720–2600 (voice only). established by part 1400 of this chapter; the Superintendent of Documents. SUPPLEMENTARY INFORMATION: and (5) For producers operating as a legal Correcting Amendment to Regulations entity or joint operation, provide a list DEPARTMENT OF AGRICULTURE The RCPP interim rule was published of all members of the legal entity or joint February 13, 2020, (85 FR 8131–8145) to operation and embedded entities along Commodity Credit Corporation implement the RCPP regulations. During with each members’ tax identification the final stage of developing the interim numbers and percentage interest in the 7 CFR Part 1464 rule, several paragraphs were entity. However, where applicable, [Docket ID NRCS–2019–0012] inadvertently omitted in 7 CFR 1464.5. American Indians, Alaska Natives, and Several paragraphs about producer RIN 0560–AA70 Pacific Islanders may use another eligibility and practice standards were unique identification number for each Regional Conservation Partnership mistakenly deleted. This correction individual eligible for payment. Program; Correction adds in the correct text for paragraph (d) Eligible land. Land may be (c)(4), adds paragraphs (c)(5), (d), and considered eligible for enrollment in AGENCY: Commodity Credit Corporation (e)(1), and renumbers the text that RCPP if NRCS determines that: (CCC) and Natural Resources should have been paragraph (e)(2). (1) The land is private or Tribal Conservation Service (NRCS), USDA. Paragraph (c) specifies requirements for agricultural land, nonindustrial private ACTION: Correcting amendment and producer to be eligible for RCPP. forest land, or associated land on which extension of comment period for interim Paragraph (d) specifies requirements for an eligible activity would help achieve rule. land to be considered eligible for the conservation benefits defined for an enrollment in RCPP. Paragraph (e) approved project; or SUMMARY: CCC is correcting an interim specifies requirements for activities to (2) The land is publicly owned rule that was published in the Federal be eligible for RCPP. Register on February 13, 2020, to agricultural land or associated land and incorporate the 2018 Farm Bill changes List of Subjects in 7 CFR Part 1464 the enrollment of such land is— to the Regional Conservation Agricultural operations, Conservation (i) Appropriate for the type of eligible Partnership Program (RCPP) program payments, Conservation practices, activity, and administration. There was an Eligible activities, Environmental (ii) The eligible activity to be unintentional error that omitted several credits, Forestry management, Natural implemented on the public land is paragraphs in a certain section in the resources, Resource concern, Soil and necessary and will contribute RCPP rule. CCC and NRCS are also water conservation, Wildlife. meaningfully to achieving conservation extending the comment period for the For the reasons stated in the benefits consistent with an approved interim rule. preamble, CCC amends 7 CFR part 1464 project. DATES: Effective date: March 17, 2020. by making the following correcting (e) Eligible activities. (1) In each Comments date: The comment period amendments: partnership agreement, NRCS will for the interim rule published February identify the eligible activities that are 13, 2020, at 85 FR 8131, is extended. We PART 1464—REGIONAL available to producers and landowners will consider comments that we receive CONSERVATION PARTNERSHIP through the project. Eligible activities by May 12, 2020. PROGRAM may include land management, land ADDRESSES: We invite you to submit rental activities, easements, or ■ 1. The authority citation for part 1464 comments on the RCPP rule as amended watershed type projects. Projects may continues to read as follows: by this correction. In your comments, use more than one type of eligible include the date, volume, and page Authority: 15 U.S.C. 714b and 714c; 16 activity. number of this issue of the Federal U.S.C. 3871 et seq. (2) NRCS may approve interim Register, and the title of document. You conservation practice standards or Subpart A—General Provisions may submit comments by the following activities if— methods: ■ 2. Amend § 1464.5 by revising (i) New technologies or management • Federal eRulemaking Portal: Go to paragraph (c)(4) and adding paragraphs approaches that provide a high potential http://www.regulations.gov and search (c)(5), (d) and (e) to read as follows: for optimizing conservation benefits for Docket ID NRCS–2019–0012. Follow have been developed; and the online instructions for submitting § 1464.5 Program requirements. (ii) The interim conservation practice comments. * * * * * standard or activity incorporates the All written comments received will be (c) * * * new technologies and provides financial publicly available on http:// (4) Supply information, as required by assistance for pilot work to evaluate and www.regulations.gov. NRCS, to determine eligibility for the assess the performance, efficiency, and

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effectiveness of the new technology or 30, West Building Ground Floor, Room weight of 6,690 lbs. Under an amended management approach. W12–140, 1200 New Jersey Avenue SE, type certificate, serial numbers 100– * * * * * Washington, DC 20590. 0035 and subsequent were produced • Hand Delivery: U.S. Department of with an increased gross weight Matthew Lohr, Transportation, Docket Operations, M– configuration of 7,255 lbs. and delivered Chief, Natural Resources Conservation 30, West Building Ground Floor, Room with a POH/AFM (revisions 8 through Service. W12–140, 1200 New Jersey Avenue SE, 21) that contained limitations and Robert Stephenson, Washington, DC 20590, between 9 a.m. performance data for the increased gross Executive Vice President, Commodity Credit and 5 p.m., Monday through Friday, weight. For airplanes with serial Corporation. except Federal holidays. numbers produced before 100–0035, [FR Doc. 2020–05157 Filed 3–16–20; 8:45 am] For service information identified in Quest issued Service Notice SN–025 as this final rule, contact Kodiak Aircraft BILLING CODE 3410–16–P an optional retrofit to increase the gross Company, Inc., 1200 Turbine Drive, weight. Airplanes retrofitted with SN– Sandpoint, Idaho 83864; phone: (208) 025 were provided a supplement 5 to 263–1111 or (866) 263–1112; email: DEPARTMENT OF TRANSPORTATION the POH/AFM (revision 1 through 7) [email protected]; internet: that contained the limitations and Federal Aviation Administration https://Kodiak.aero/support. You may view this service information at the performance changes associated with the increased gross weight. 14 CFR Part 39 FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri Quest issued revision 22 of the POH/ [Docket No. FAA–2020–0181; Product 64106. For information on the AFM to correct the landing distances Identifier 2019–CE–026–AD; Amendment availability of this material at the FAA, data in the ‘‘Obstacle Landing Distance’’ 39–21030; AD 2020–04–13] call (816) 329–4148. It is also available table and to correct other errors and RIN 2120–AA64 on the internet at https:// inconsistencies throughout the www.regulations.gov by searching for document. Airworthiness Directives; Daher and locating Docket No. FAA–2020– If not corrected, incorrect obstacle Aircraft Design, LLC (Type Certificate 0181. Previously Held by Quest Aircraft landing distances for weights below Design, LLC) Airplanes Examining the AD Docket max gross weight could result in a You may examine the AD docket on runway overrun. The FAA is issuing AGENCY: Federal Aviation the internet at https:// this AD to address the unsafe condition Administration (FAA), DOT. www.regulations.gov by searching for on these products. ACTION: Final rule; request for and locating Docket No. FAA–2020– Related Service Information Under 1 comments. 0181; or in person at Docket Operations CFR Part 51 between 9 a.m. and 5 p.m., Monday SUMMARY: The FAA is adopting a new through Friday, except Federal holidays. The FAA reviewed Table 5–19: airworthiness directive (AD) for all The AD docket contains this final rule, Obstacle Landing Distance, pages 5_68 Daher Aircraft Design, LLC (type the regulatory evaluation, any and 5_69, of Section 5, Performance, of certificate previously held by Quest comments received, and other the KODIAK 100 Series Aircraft Pilot’s Aircraft Design, LLC (Quest)) Model information. The street address for Operating Handbook and FAA KODIAK 100 airplanes. This AD Docket Operations is listed above. Approved Airplane Flight Manual requires revising the pilot’s operating Comments will be available in the AD (Document No: AM901.0), Revision 22, handbook and FAA approved airplane docket shortly after receipt. dated April 10, 2019. These pages flight manual (POH/AFM) or FOR FURTHER INFORMATION CONTACT: contain correct landing distance data in supplement 5 to the POH/AFM. This Brian Knaup, Aerospace Engineer, AD was prompted by incorrect low the ‘‘Obstacle Landing Distance’’ table. Seattle ACO Branch, FAA, 2200 S 216th weight landing distances in the This service information is reasonably St., Des Moines, Washington 98198; performance section of the POH/AFM available because the interested parties telephone and fax: (206) 231–3502; and supplement 5 to the POH/AFM. The have access to it through their normal email: [email protected]. FAA is issuing this AD to address the course of business or by the means unsafe condition on these products. SUPPLEMENTARY INFORMATION: identified in the ADDRESSES section. DATES: This AD is effective April 1, Discussion Other Related Service Information 2020. The FAA was notified by Quest (now The FAA reviewed Quest Safety The Director of the Federal Register Daher Aircraft Design, LLC) that the Communique, QSC–011, Revision 00, approved the incorporation by reference performance section in the Kodiak 100 dated April 1, 2019. This document of a certain publication listed in this AD Series POH/AFM, revisions 8 through notifies owner/operators of the incorrect as of April 1, 2020. 21, and supplement 5, initial release data in the ‘‘Obstacle Landing Distance’’ The FAA must receive comments on and revision 01, to the POH/AFM were table and recommends they revise their this AD by May 1, 2020. published with incorrect low weight procedures until the corrected data is ADDRESSES: You may send comments, landing distances in the ‘‘Obstacle using the procedures found in 14 CFR Landing Distance’’ tables. The landing available. 11.43 and 11.45, by any of the following distances for 6,000 lbs., 5,000 lbs., and FAA’s Determination methods: 4,000 lbs. were incorrectly calculated • Federal eRulemaking Portal: Go to and show values up to 520 feet shorter The FAA is issuing this AD because https://www.regulations.gov. Follow the than actual expected performance. it evaluated all relevant information and instructions for submitting comments. However, the landing distances for determined the unsafe condition • Fax: 202–493–2251. 6,690 lbs. are accurate. described previously is likely to exist or • Mail: U.S. Department of Model Kodiak 100 airplanes were develop in other products of the same Transportation, Docket Operations, M– originally type certificated with a gross type design.

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AD Requirements and comment prior to adoption of this ADDRESSES section. Include the docket This AD requires revising the rule because a pilot using discrepant number FAA–2020–0181 and Product performance section of the POH/AFM or obstacle landing distance data could Identifier 2019–CE–026–AD at the supplement 5 to the POH/AFM by result in overrunning the runway on beginning of your comments. The FAA removing the existing ‘‘Obstacle landing. Since the runway overrun specifically invites comments on the Landing Distance’’ table and replacing it could occur on any landing, the FAA overall regulatory, economic, with the ‘‘Obstacle Landing Distance’’ requires compliance with this AD before environmental, and energy aspects of table found in revision 22 of the POH/ further flight. Therefore, the FAA finds this final rule. The FAA will consider AFM. This AD specifies that the owner/ good cause that notice and opportunity all comments received by the closing operator (pilot) may revise the AFM. for prior public comment are date and may amend this final rule Revising an AFM is not considered a impracticable. In addition, for the because of those comments. maintenance action and may be done by reason stated above, the FAA finds that The FAA will post all comments a pilot holding at least a private pilot good cause exists for making this received, without change, to https:// certificate. This action must be recorded amendment effective in less than 30 www.regulations.gov, including any in the aircraft maintenance records to days. personal information you provide. The show compliance with this AD. Comments Invited FAA will also post a report FAA’s Justification and Determination summarizing each substantive verbal This AD is a final rule that involves contact received about this final rule. of the Effective Date requirements affecting flight safety and An unsafe condition exists that was not preceded by notice and an Costs of Compliance requires the immediate adoption of this opportunity for public comment. AD without providing an opportunity However, the FAA invites you to send The FAA estimates that this AD for public comments prior to adoption. any written data, views, or arguments affects 99 airplanes of U.S. registry. The FAA has found that the risk to the about this final rule. Send your The FAA estimates the following flying public justifies waiving notice comments to an address listed under the costs to comply with this AD:

ESTIMATED COSTS

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

Replace the ‘‘Obstacle Landing .5 work-hour × $85 per hour = Not applicable ...... $42.50 $4,207.50 Distance’’ table. $42.50.

This AD allows the owner/operator that authority because it addresses an substantial direct effect on the States, on (pilot) to replace the affected table in the unsafe condition that is likely to exist or the relationship between the national POH/AFM or supplement 5 to the POH/ develop on products identified in this government and the States, or on the AFM required by this AD. According to rulemaking action. distribution of power and Quest, they will provide one full copy This AD is issued in accordance with responsibilities among the various of Quest Aircraft KODIAK 100 Series authority delegated by the Executive levels of government. Aircraft Pilot’s Operating Handbook and Director, Aircraft Certification Service, For the reasons discussed above, I FAA Approved Airplane Flight Manual as authorized by FAA Order 8000.51C. (Document No: AM901.0), Revision 22, In accordance with that order, issuance certify that this AD: dated April 10, 2019, to operators. of ADs is normally a function of the (1) Is not a ‘‘significant regulatory However, the FAA does not control Compliance and Airworthiness action’’ under Executive Order 12866, warranty coverage for affected Division, but during this transition and individuals. period, the Executive Director has (2) Will not affect intrastate aviation delegated the authority to issue ADs Authority for This Rulemaking in Alaska. applicable to small airplanes, gliders, Title 49 of the United States Code balloons, airships, domestic business jet List of Subjects in 14 CFR Part 39 specifies the FAA’s authority to issue transport airplanes, and associated rules on aviation safety. Subtitle I, appliances to the Director of the Policy Air transportation, Aircraft, Aviation section 106, describes the authority of and Innovation Division. safety, Incorporation by reference, the FAA Administrator. Subtitle VII: Safety. Regulatory Flexibility Act Aviation Programs describes in more Adoption of the Amendment detail the scope of the Agency’s The requirements of the Regulatory authority. Flexibility Act (RFA) do not apply when Accordingly, under the authority The FAA is issuing this rulemaking an agency finds good cause pursuant to delegated to me by the Administrator, under the authority described in 5 U.S.C. 553 to adopt a rule without the FAA amends 14 CFR part 39 as Subtitle VII, Part A, Subpart III, section prior notice and comment. Because FAA follows: 44701: General requirements. Under has determined that it has good cause to that section, Congress charges the FAA adopt this rule without notice and PART 39—AIRWORTHINESS with promoting safe flight of civil comment, RFA analysis is not required. DIRECTIVES aircraft in air commerce by prescribing Regulatory Findings regulations for practices, methods, and ■ 1. The authority citation for part 39 procedures the Administrator finds This AD will not have federalism continues to read as follows: necessary for safety in air commerce. implications under Executive Order This regulation is within the scope of 13132. This AD will not have a Authority: 49 U.S.C. 106(g), 40113, 44701.

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§ 39.13 [Amended] 43.9(a)(1) through (4) and 91.417(a)(2)(v). The Issued in Kansas City, Missouri, on ■ 2. The FAA amends § 39.13 by adding record must be maintained as required by 14 February 27, 2020. CFR 91.417, 121.380, or 135.439. the following new airworthiness Patrick R. Mullen, directive (AD): (h) Alternative Methods of Compliance Aircraft Certification Service, Manager, Small (AMOCs) Airplane Standards Branch, AIR–690. 2020–04–13 Daher Aircraft Design, LLC (Type Certificate Previously Held by (1) The Manager, Seattle ACO Branch, [FR Doc. 2020–05368 Filed 3–16–20; 8:45 am] Quest Aircraft Design, LLC): FAA, has the authority to approve AMOCs BILLING CODE 4910–13–P Amendment 39–21030; Docket No. for this AD, if requested using the procedures FAA–2020–0181; Product Identifier found in 14 CFR 39.19. In accordance with 2019–CE–026–AD. 14 CFR 39.19, send your request to your DEPARTMENT OF TRANSPORTATION principal inspector or local Flight Standards (a) Effective Date District Office, as appropriate. If sending Federal Aviation Administration This AD is effective April 1, 2020. information directly to the manager of the certification office, send it to the attention of 14 CFR Part 39 (b) Affected ADs the person identified in paragraph (i) of this None. AD. [Docket No. FAA–2019–0614; Product (2) Before using any approved AMOC, Identifier 2019–NE–14–AD; Amendment 39– (c) Applicability notify your appropriate principal inspector, 19878; AD 2020–05–28] This AD applies to Quest Aircraft Design, or lacking a principal inspector, the manager RIN 2120–AA64 LLC (type certificate data sheet currently of the local flight standards district office/ held by Daher Aircraft Design, LLC) Model certificate holding district office. KODIAK 100 airplanes, serial numbers 100– Airworthiness Directives; International 0001 through 100–0273, certificated in any (i) Related Information Aero Engines LLC Turbofan Engines category. (1) For more information about this AD, AGENCY: Federal Aviation contact Brian Knaup, Aerospace Engineer, (d) Subject Seattle ACO Branch, FAA, 2200 S 216th St., Administration (FAA), DOT. Joint Aircraft System Component (JASC)/ Des Moines, Washington 98198; telephone ACTION: Final rule. Air Transport Association (ATA) of America and fax: (206) 231–3502; email: Code 91, Charts. [email protected]. SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019–11– (e) Unsafe Condition (2) Quest Aircraft Quest Safety Communique, QSC–011, Revision 00, dated 08 for all International Aero Engines, This AD was prompted by incorrect low April 1, 2019, contains additional LLC (IAE) PW1133G–JM, PW1133GA– weight landing distances in the ‘‘Obstacle information related to this AD. You may JM, PW1130G–JM, PW1129G–JM, Landing Distance’’ table, located either in the obtain a copy of this document using the performance section of the pilot’s operating PW1127G–JM, PW1127GA–JM, contact information in paragraph (j)(3) of this PW1127G1–JM, PW1124G–JM, handbook and FAA approved airplane flight AD. manual (POH/AFM) or in supplement 5 to PW1124G1–JM, and PW1122G–JM the POH/AFM. The FAA is issuing this AD (j) Material Incorporated by Reference model turbofan engines. AD 2019–11– to prevent pilots from using incorrect (1) The Director of the Federal Register 08 required the removal of the main obstacle landing distance performance charts approved the incorporation by reference gearbox (MGB) assembly and electronic for weights below maximum gross weight. (IBR) of the service information listed in this engine control (EEC) software and the The unsafe condition, if not addressed, could paragraph under 5 U.S.C. 552(a) and 1 CFR installation of a part and software result in pilots miscalculating the required part 51. version eligible for installation for landing distance, which could lead to a (2) You must use this service information runway overrun. engines that operate on extended as applicable to do the actions required by operations (ETOPS) flights. This AD (f) Compliance this AD, unless this AD specifies otherwise. (i) Table 5–19, Obstacle Landing Distance, retains the requirements of AD 2019– Comply with this AD within the pages 5_68 and 5_69, of Section 5, 11–08 and requires replacement of the compliance times specified, unless already Performance, of the Quest Aircraft Kodiak MGB assembly and EEC software on done. 100 Series Aircraft Pilot’s Operating engines that do not operate on ETOPS (g) Revise the POH/AFM Handbook and FAA Approved Airplane flights. This AD was prompted by Flight Manual (Document No: AM901.0), (1) Before further flight after April 1, 2020 multiple reports of in-flight engine Revision 22, dated April 10, 2019. shutdowns as the result of high-cycle (the effective date of this AD), revise the (ii) [Reserved] POH/AFM for your airplane by removing the fatigue causing fracture of certain parts (3) For Quest Aircraft Company LLC of the MGB assembly. The FAA is ‘‘Obstacle Landing Distance’’ table (2 pages) service information identified in this AD, and replacing it with Table 5–19, Obstacle issuing this AD to address the unsafe _ _ contact Kodiak Aircraft Company Inc. Landing Distance, pages 5 68 and 5 69, (formerly Quest Aircraft Company LLC), 1200 condition on these products. Section 5, Performance, from Quest Aircraft Turbine Drive, Sandpoint, Idaho 83864; DATES: This AD is effective April 21, Kodiak 100 Series Aircraft, Pilot’s Operating phone: (208) 263–1111 or 1 (866) 263–1112; 2020. Handbook and FAA Approved Airplane email: [email protected]; internet: Flight Manual (Document No: AM901.0), https://Kodiak.aero/support. ADDRESSES: For service information Revision 22, dated April 10, 2019. (4) You may view this service information identified in this final rule, contact Note 1 to paragraph (g)(1) of this AD: The at the FAA, Policy and Innovation Division, International Aero Engines, LLC, 400 Obstacle Landing Distance table may be 901 Locust, Kansas City, Missouri 64106. For Main Street, East Hartford, CT, 06118; located either in the Performance section information on the availability of this phone: 800–565–0140; email: help24@ (Section 5) of the POH/AFM or in material at the FAA, call (816) 329–4148. pw.utc.com; internet: http:// supplement 5 to the POH/AFM, depending (5) You may view this service information on the revision level of your POH/AFM. fleetcare.pw.utc.com. You may view this that is incorporated by reference at the service information at the FAA, Engine (2) The actions required by paragraphs National Archives and Records (g)(1) of this AD may be performed by the Administration (NARA). For information on and Propeller Standards Branch, 1200 owner/operator (pilot) holding at least a the availability of this material at NARA, District Avenue, Burlington, MA, 01803. private pilot certificate and must be entered email: [email protected], or go to: For information on the availability of into the aircraft records showing compliance https://www.archives.gov/federal-register/cfr/ this material at the FAA, call 781–238– with this AD in accordance with 14 CFR ibr-locations.html. 7759.

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Examining the AD Docket fatigue causing fracture of certain parts normal engine control or the overspeed You may examine the AD docket on of the MGB assembly. protection system from safely the internet at https:// The NPRM published in the Federal controlling the rotor speeds. Further, the www.regulations.gov by searching for Register on October 4, 2019 (84 FR MGB is powered by the high-pressure and locating Docket No. FAA–2019– 53082). The actions in AD 2019–11–08 rotor system and has no effect on the 0614; or in person at Docket Operations were interim and only addressed low-pressure rotor speed. No change to between 9 a.m. and 5 p.m., Monday engines that operate on 180-minute or this AD is required. 120-minute ETOPS flights. The NPRM through Friday, except Federal holidays. Updates to Service Information The AD docket contains this final rule, proposed to retain and revise the Since the FAA published the NPRM, the regulatory evaluation, any compliance time for those actions and IAE has updated its service information. comments received, and other add requirements to replace the MGB The FAA has therefore updated the information. The address for Docket assembly and EEC software on affected references to the service information Operations is U.S. Department of engines that do not operate on ETOPS from the original issue discussed in the Transportation, Docket Operations, M– flights. The FAA is issuing this AD to NPRM to Issue No. 004 in this AD. 30, West Building Ground Floor, Room address the unsafe condition on these products. W12–140, 1200 New Jersey Avenue SE, Conclusion Washington, DC 20590. Comments The FAA reviewed the relevant data, FOR FURTHER INFORMATION CONTACT: The FAA gave the public the considered the comment received, and Kevin M. Clark, Aerospace Engineer, opportunity to participate in developing determined that air safety and the ECO Branch, FAA, 1200 District this AD. The following presents the public interest require adopting this AD Avenue, Burlington, MA, 01803; phone: comment received on the NPRM and the as proposed. 781–238–7088; fax: 781–238–7199; FAA’s response to the comment. email: [email protected]. Related Service Information Request To Consider Loss of Load SUPPLEMENTARY INFORMATION: The FAA reviewed Pratt & Whitney An anonymous commenter asked if an (PW) Service Bulletin (SB) PW1000G– Discussion assessment had been made to the loss of C–72–00–0129–00A–930A–D, Issue No. The FAA issued a notice of proposed load and associated possible low- 004, dated January 7, 2020, and PW SB rulemaking (NPRM) to amend 14 CFR pressure turbine (LPT) overspeed and PW1000G–C–73–00–0037–00A–930A– part 39 to supersede AD 2019–11–08, disk burst when the MGB components D, Issue No. 004, dated November 4, Amendment 39–19654 (84 FR 27511, fail due to high-cycle fatigue. 2019. PW SB PW1000G–C–72–00–0129– June 13, 2019), (‘‘AD 2019–11–08’’). AD The FAA does not agree. The FAA did 00A–930A–D, Issue No. 004, dated 2019–11–08 applied to all IAE not perform an assessment of the low- January 7, 2020, contains procedures for PW1133G–JM, PW1133GA–JM, pressure turbine overspeed and disk replacing the integrated drive generator PW1130G–JM, PW1129G–JM, burst due to the loss of load of the main oil pump drive gearshaft assembly in PW1127G–JM, PW1127GA–JM, gearbox because the failure of the MGB the MGB assembly. PW SB PW1000G– PW1127G1–JM, PW1124G–JM, components cannot lead directly to an C–73–00–0037–00A–930A–D, Issue No. PW1124G1–JM, and PW1122G–JM LPT overspeed without some other 004, dated November 4, 2019, contains model turbofan engines. AD 2019–11– extremely remote failure of the engine procedures for replacing the EEC 08 required the removal of the MGB occurring simultaneously. The main software to incorporate FCS5.0 software. assembly and EEC software and the rotor speeds of the engine are normally installation of a part and software controlled by the engine control system Costs of Compliance version eligible for installation for and further protected against overspeed The FAA estimates that this AD engines that operate on ETOPS flights. due to abnormal operation by an affects 72 engines installed on airplanes AD 2019–11–08 was prompted by independent overspeed protection of U.S. registry. multiple reports of in-flight engine system. The failure of an MGB The FAA estimates the following shutdowns as the result of high-cycle component will not affect either the costs to comply with this AD:

ESTIMATED COSTS

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

Replace the MGB assembly ...... 13 work-hours × $85 per hour = $1,105 ...... $75,000 $76,105 $5,479,560 Replace the EEC software ...... 3 work-hours × $85 per hour = $255 ...... 0 255 18,360

The new requirements of this AD add The FAA is issuing this rulemaking unsafe condition that is likely to exist or no additional economic burden. under the authority described in develop on products identified in this Subtitle VII, Part A, Subpart III, Section rulemaking action. Authority for This Rulemaking 44701, General requirements. Under Regulatory Findings Title 49 of the United States Code that section, Congress charges the FAA specifies the FAA’s authority to issue with promoting safe flight of civil The FAA has determined that this AD rules on aviation safety. Subtitle I, aircraft in air commerce by prescribing will not have federalism implications Section 106, describes the authority of regulations for practices, methods, and under Executive Order 13132. This AD the FAA Administrator. Subtitle VII, procedures the Administrator finds will not have a substantial direct effect Aviation Programs, describes in more necessary for safety in air commerce. on the States, on the relationship detail the scope of the Agency’s This regulation is within the scope of between the national government and authority. that authority because it addresses an the States, or on the distribution of

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power and responsibilities among the or more engines, loss of thrust control, and (2) Before using any approved AMOC, various levels of government. loss of the airplane. notify your appropriate principal inspector, or lacking a principal inspector, the manager For the reasons discussed above, I (f) Compliance certify that this AD: of the local flight standards district office/ Comply with this AD within the certificate holding district office. (1) Is not a ‘‘significant regulatory compliance times specified, unless already (k) Related Information action’’ under Executive Order 12866, done. (2) Will not affect intrastate aviation For more information about this AD, in Alaska, and (g) Required Actions contact Kevin M. Clark, Aerospace Engineer, (3) Will not have a significant (1) Remove the MGB assembly, part ECO Branch, FAA, 1200 District Avenue, economic impact, positive or negative, number (P/N) 5322505, and install a part Burlington, MA, 01803; phone: 781–238– eligible for installation as follows: 7088; fax: 781–238–7199; email: on a substantial number of small entities [email protected]. under the criteria of the Regulatory (i) For engines that operate on 180-minute extended operations (ETOPS) flights, before (l) Material Incorporated by Reference Flexibility Act. further flight after the effective date of this None. List of Subjects in 14 CFR Part 39 AD. (ii) For engines that operate on 120-minute Issued on March 11, 2020. Air transportation, Aircraft, Aviation ETOPS flights, within 120 days from June 28, Lance T. Gant, safety, Incorporation by reference, 2019 (the effective date of AD 2019–11–08), Director, Compliance & Airworthiness Safety. or before further flight after the effective date Division, Aircraft Certification Service. of this AD, whichever occurs later. Adoption of the Amendment (iii) For engines that do not operate on [FR Doc. 2020–05330 Filed 3–16–20; 8:45 am] Accordingly, under the authority ETOPS flights, at the next engine shop visit BILLING CODE 4910–13–P delegated to me by the Administrator, after the effective date of this AD. the FAA amends 14 CFR part 39 as (2) For engines with MGB assembly P/N DEPARTMENT OF TRANSPORTATION follows: 5322505, within 120 days from June 28, 2019 (the effective date of AD 2019–11–08), or Federal Aviation Administration PART 39—AIRWORTHINESS before further flight after the effective date of DIRECTIVES this AD, whichever occurs later, remove electronic engine control (EEC) software 14 CFR Part 39 ■ 1. The authority citation for part 39 earlier than FCS5.0 from the engine and install EEC software that is eligible for [Docket No. FAA–2019–0974; Product continues to read as follows: installation. Identifier 2019–NM–155–AD; Amendment 39–19856; AD 2020–04–19] Authority: 49 U.S.C. 106(g), 40113, 44701. (h) Installation Prohibition RIN 2120–AA64 § 39.13 [Amended] (1) After the effective date of this AD, do ■ 2. The FAA amends § 39.13 by not install integrated drive generator (IDG) oil Airworthiness Directives; The Boeing pump drive gearshaft assembly, P/N Company Airplanes removing Airworthiness Directive (AD) 5322630–01, into an MGB assembly. 2019–11–08, Amendment 39–19654 (84 (2) After the effective date of this AD, do AGENCY: Federal Aviation FR 27511, June 13, 2019), and adding not load EEC software earlier than FCS5.0 on Administration (FAA), DOT. the following new AD: any engine identified in paragraph (c) of this ACTION: Final rule. 2020–05–28 International Aero Engines AD with an MGB assembly, P/N 5322505. LLC: Amendment 39–19878; Docket No. (i) Definitions SUMMARY: The FAA is superseding FAA–2019–0614; Product Identifier Airworthiness Directive (AD) 2017–15– (1) For the purpose of this AD, a ‘‘part 2019–NE–14–AD. eligible for installation’’ is an MGB assembly 01, which applied to certain The Boeing (a) Effective Date with an IDG oil pump drive gearshaft Company Model 777 airplanes. AD 2017–15–01 required replacing the This AD is effective April 21, 2020. assembly other than P/N 5322630–01. (2) For the purpose of this AD, an ‘‘engine existing mode control panel (MCP) with (b) Affected ADs shop visit’’ is the induction of an engine into a new MCP having a different part This AD replaces AD 2019–11–08, the shop for maintenance involving the number. This AD retains the Amendment 39–19654 (84 FR 27511, June separation of pairs of major mating engine requirements of AD 2017–15–01, 13, 2019). flanges, except that the separation of engine expands the applicability to include flanges solely for the purposes of certain other airplanes, and adds a new (c) Applicability transportation of the engine without requirement for certain airplanes to This AD applies to all International Aero subsequent engine maintenance does not Engines, LLC (IAE) PW1133G–JM, constitute an engine shop visit. identify and replace the affected parts. PW1133GA–JM, PW1130G–JM, PW1129G– (3) For the purpose of this AD, ‘‘EEC This AD was prompted by a JM, PW1127G–JM, PW1127GA–JM, software that is eligible for installation’’ is determination that the affected parts PW1127G1–JM, PW1124G–JM, PW1124G1– EEC software FCS5.0 and later. may be installed on airplanes outside of JM, and PW1122G–JM model turbofan (j) Alternative Methods of Compliance the original applicability of AD 2017– engines. (AMOCs) 15–01. The FAA is issuing this AD to address the unsafe condition on these (d) Subject (1) The Manager, ECO Branch, FAA, has products. Joint Aircraft System Component (JASC) the authority to approve AMOCs for this AD, Code 7260, Turbine Engine Accessory Drive. if requested using the procedures found in 14 DATES: This AD is effective April 21, CFR 39.19. In accordance with 14 CFR 39.19, 2020. (e) Unsafe Condition send your request to your principal inspector The Director of the Federal Register This AD was prompted by multiple reports or local Flight Standards District Office, as approved the incorporation by reference of in-flight engine shutdowns as the result of appropriate. If sending information directly of a certain publication listed in this AD high-cycle fatigue causing fracture of certain to the manager of the certification office, parts of the main gearbox (MGB) assembly. send it to the attention of the person as of August 25, 2017 (82 FR 33782, July The FAA is issuing this AD to prevent failure identified in paragraph (k) of this AD. You 21, 2017). of the MGB assembly. The unsafe condition, may email your request to: ANE-AD-AMOC@ ADDRESSES: For service information if not addressed, could result in failure of one faa.gov. identified in this final rule, contact

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Boeing Commercial Airplanes, fax: 206–231–3539; email: NPRM. United Airlines and FedEx had Attention: Contractual & Data Services [email protected]. no objection to the NPRM. (C&DS), 2600 Westminster Blvd., MC SUPPLEMENTARY INFORMATION: Conclusion 110–SK57, Seal Beach, CA 90740–5600; Discussion telephone 562–797–1717; internet The FAA reviewed the relevant data, https://www.myboeingfleet.com. You The FAA issued a notice of proposed considered the comments received, and may view this service information at the rulemaking (NPRM) to amend 14 CFR determined that air safety and the FAA, Transport Standards Branch, 2200 part 39 to supersede AD 2017–15–01, public interest require adopting this AD South 216th St., Des Moines, WA. For Amendment 39–18961 (82 FR 33782, as proposed, except for minor editorial information on the availability of this July 21, 2017) (‘‘AD 2017–15–01’’). AD changes. The FAA has determined that material at the FAA, call 206–231–3195. 2017–15–01 applied to certain The these minor changes: It is also available on the internet at Boeing Company Model 777 airplanes. • Are consistent with the intent that https://www.regulations.gov by The NPRM published in the Federal was proposed in the NPRM for searching for and locating Docket No. Register on December 13, 2019 (84 FR addressing the unsafe condition; and FAA–2019–0974. 68060). The NPRM was prompted by a • determination that the affected parts Do not add any additional burden Examining the AD Docket may be installed on airplanes outside of upon the public than was already proposed in the NPRM. You may examine the AD docket on the original applicability of AD 2017– the internet at https:// 15–01. The NPRM proposed to retain Related Service Information Under 1 www.regulations.govby searching for the requirements of AD 2017–15–01, CFR Part 51 expand the applicability to include and locating Docket No. FAA–2019– This AD requires Boeing Special 0974; or in person at Docket Operations those other airplanes, and add a new requirement for certain airplanes to Attention Service Bulletin 777–22– between 9 a.m. and 5 p.m., Monday 0034, dated March 3, 2016, which the through Friday, except Federal holidays. identify and replace the affected parts. The FAA is issuing this AD to address Director of the Federal Register The AD docket contains this final rule, approved for incorporation by reference the regulatory evaluation, any uncommanded changes to the MCP selected altitude; such uncommanded as of August 25, 2017 (82 FR 33782, July comments received, and other 21, 2017). This service information is information. The address for Docket changes could result in incorrect spatial separation between airplanes, midair reasonably available because the Operations is U.S. Department of interested parties have access to it Transportation, Docket Operations, M– collision, or controlled flight into terrain. through their normal course of business 30, West Building Ground Floor, Room or by the means identified in the W12–140, 1200 New Jersey Avenue SE, Comments ADDRESSES section. Washington, DC 20590. The FAA gave the public the Costs of Compliance FOR FURTHER INFORMATION CONTACT: opportunity to participate in developing Frank Carreras, Aerospace Engineer, this AD. The FAA has considered the The FAA estimates that this AD Systems and Equipment Section, FAA, comments received. The Air Line Pilots affects 231 airplanes of U.S. registry. Seattle ACO Branch, 2200 South 216th Association, International (ALPA) and The FAA estimates the following costs St., Des Moines, WA 98198; phone and Boeing indicated their support for the to comply with this AD:

ESTIMATED COSTS

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

Replacement ...... 2 work-hours × $85 per hour = $170 ...... Up to $5,800 * .. Up to $5,970 * .. Up to $1,379,070 *. (retained actions from AD 2017-15-01) .. Inspection/records check (new proposed 1 work-hour × $85 per hour = $85 ...... $0 ...... $85 ...... Up to $2,380. action) (up to 28 airplanes). * Since the FAA has received no definitive data regarding the cost of a new MCP, the FAA has provided costs for the upgrade (modified part) only.

Authority for This Rulemaking regulations for practices, methods, and power and responsibilities among the procedures the Administrator finds various levels of government. Title 49 of the United States Code necessary for safety in air commerce. specifies the FAA’s authority to issue For the reasons discussed above, I This regulation is within the scope of certify that this AD: rules on aviation safety. Subtitle I, that authority because it addresses an Section 106, describes the authority of unsafe condition that is likely to exist or (1) Is not a ‘‘significant regulatory the FAA Administrator. Subtitle VII, develop on products identified in this action’’ under Executive Order 12866, Aviation Programs, describes in more rulemaking action. (2) Will not affect intrastate aviation detail the scope of the Agency’s in Alaska, and authority. Regulatory Findings The FAA is issuing this rulemaking The FAA has determined that this AD (3) Will not have a significant under the authority described in will not have federalism implications economic impact, positive or negative, Subtitle VII, Part A, Subpart III, Section under Executive Order 13132. This AD on a substantial number of small entities 44701, ‘‘General requirements.’’ Under will not have a substantial direct effect under the criteria of the Regulatory that section, Congress charges the FAA on the States, on the relationship Flexibility Act. with promoting safe flight of civil between the national government and aircraft in air commerce by prescribing the States, or on the distribution of

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List of Subjects in 14 CFR Part 39 design by the FAA or The Boeing Company or lacking a principal inspector, the manager Organization Designation Authorization of the local flight standards district office/ Air transportation, Aircraft, Aviation (ODA) after March 3, 2016 (the publication certificate holding district office. safety, Incorporation by reference, date of Boeing Special Attention Service (3) An AMOC that provides an acceptable Safety. Bulletin 777–22–0034, dated March 3, 2016). level of safety may be used for any repair, modification, or alteration required by this Adoption of the Amendment (h) Retained Replacement of MCP With AD if it is approved by The Boeing Company Revised Compliance Language Accordingly, under the authority ODA that has been authorized by the delegated to me by the Administrator, This paragraph restates the requirements of Manager, Seattle ACO Branch, FAA, to make the FAA amends 14 CFR part 39 as AD 2017–15–01, with revised compliance those findings. To be approved, the repair follows: language. For airplanes identified in Boeing method, modification deviation, or alteration Special Attention Service Bulletin 777–22– deviation must meet the certification basis of PART 39—AIRWORTHINESS 0034, dated March 3, 2016, within 60 months the airplane, and the approval must after August 25, 2017, (the effective date of DIRECTIVES specifically refer to this AD. AD 2017–15–01): Do the actions specified in (4) AMOCs approved previously for AD ■ paragraph (h)(1) or (2) of this AD. 2017–15–01 are approved as AMOCs for the 1. The authority citation for part 39 (1) Replace the existing MCP part with an continues to read as follows: corresponding provisions of this AD. MCP having part number S241W001–262, in (5) For service information that contains Authority: 49 U.S.C. 106(g), 40113, 44701. accordance with the Accomplishment steps that are labeled as Required for Instructions of Boeing Special Attention Compliance (RC), the provisions of § 39.13 [Amended] Service Bulletin 777–22–0034, dated March paragraphs (k)(5)(i) and (ii) of this AD apply. ■ 2. The FAA amends § 39.13 by 3, 2016. (i) The steps labeled as RC, including removing Airworthiness Directive (AD) (2) Install a later-approved part as defined substeps under an RC step and any figures in paragraph (g)(2) of this AD. 2017–15–01, Amendment 39–18961 (82 identified in an RC step, must be done to FR 33782, July 21, 2017), and adding the (i) New MCP Identification and Replacement comply with the AD. If a step or substep is labeled ‘‘RC Exempt,’’ then the RC For airplanes not identified in paragraph following new AD: requirement is removed from that step or (h) of this AD with an original airworthiness 2020–04–19 The Boeing Company: substep. An AMOC is required for any certificate or original export certificate of Amendment 39–19856 ; Docket No. deviations to RC steps, including substeps airworthiness issued on or before the FAA–2019–0974; Product Identifier and identified figures. effective date of this AD, do the actions 2019–NM–155–AD. (ii) Steps not labeled as RC may be specified in paragraphs (i)(1) and (2) of this deviated from using accepted methods in (a) Effective Date AD. accordance with the operator’s maintenance (1) Within 60 months after the effective This AD is effective April 21, 2020. or inspection program without obtaining date of this AD, perform a general visual (b) Affected ADs inspection of the MCP to determine the MCP approval of an AMOC, provided the RC steps, including substeps and identified figures, can This AD replaces AD 2017–15–01, part number. A review of airplane maintenance records is acceptable in lieu of still be done as specified, and the airplane Amendment 39–18961 (82 FR 33782, July 21, can be put back in an airworthy condition. 2017) (‘‘AD 2017–15–01’’). this inspection if the part number of the MCP can be conclusively determined from that (l) Related Information (c) Applicability review. For more information about this AD, (2) If the MCP is an affected part, within This AD applies to all The Boeing contact Frank Carreras, Aerospace Engineer, 60 months after the effective date of this AD: Company Model 777–200, –200LR, –300, Systems and Equipment Section, FAA, Do the actions specified in paragraph (i)(2)(i) –300ER, and 777F series airplanes, Seattle ACO Branch, 2200 South 216th St., certificated in any category. or (ii) of this AD. (i) Replace the existing MCP with an MCP Des Moines, WA 98198; phone and fax: 206– (d) Subject having part number S241W001–262, in 231–3539; email: [email protected]. Air Transport Association (ATA) of accordance with the Accomplishment (m) Material Incorporated by Reference America Code 22, Auto flight. Instructions of Boeing Special Attention (1) The Director of the Federal Register Service Bulletin 777–22–0034, dated March approved the incorporation by reference (e) Unsafe Condition 3, 2016. (IBR) of the service information listed in this This AD was prompted by reports of (ii) Install a later-approved part as defined paragraph under 5 U.S.C. 552(a) and 1 CFR uncommanded altitude display changes in in paragraph (g)(2) of this AD. the mode control panel (MCP) altitude part 51. window. The FAA is issuing this AD to (j) Parts Installation Prohibition (2) You must use this service information address uncommanded changes to the MCP As of the effective date of this AD, no as applicable to do the actions required by selected altitude; such uncommanded person may install an MCP having part this AD, unless this AD specifies otherwise. changes could result in incorrect spatial number S241W001–201, S241W001–202, (3) The following service information was separation between airplanes, midair S241W001–251, S241W001–252, or approved for IBR on August 25, 2017 (82 FR collision, or controlled flight into terrain. S241W001–261, on any airplane. 33782, July 21, 2017). (i) Boeing Special Attention Service (f) Compliance (k) Alternative Methods of Compliance Bulletin 777–22–0034, dated March 3, 2016. Comply with this AD within the (AMOCs) (ii) [Reserved] compliance times specified, unless already (1) The Manager, Seattle ACO Branch, (4) For service information identified in done. FAA, has the authority to approve AMOCs this AD, contact Boeing Commercial for this AD, if requested using the procedures Airplanes, Attention: Contractual & Data (g) New Definitions found in 14 CFR 39.19. In accordance with Services (C&DS), 2600 Westminster Blvd., (1) For the purposes of this AD, an affected 14 CFR 39.19, send your request to your MC 110–SK57, Seal Beach, CA 90740–5600; part is an MCP having part number principal inspector or local Flight Standards telephone 562–797–1717; internet https:// S241W001–201, S241W001–202, S241W001– District Office, as appropriate. If sending www.myboeingfleet.com. 251, S241W001–252, or S241W001–261. information directly to the manager of the (5) You may view this service information (2) For the purposes of this AD, later- certification office, send it to the attention of at the FAA, Transport Standards Branch, approved parts are only those parts that are the person identified in paragraph (l) of this 2200 South 216th St., Des Moines, WA. For approved as a replacement for the applicable AD. Information may be emailed to: 9-ANM- information on the availability of this part identified in Boeing Special Attention [email protected]. material at the FAA, call 206–231–3195. Service Bulletin 777–22–0034, dated March (2) Before using any approved AMOC, (6) You may view this service information 3, 2016; and are approved as part of the type notify your appropriate principal inspector, that is incorporated by reference at the

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National Archives and Records United States carrying persons who coordination with CDC and other Administration (NARA). For information on have recently traveled from, or were Federal, state and local agencies charged the availability of this material at NARA, otherwise present within, the Islamic with protecting the American public, is email [email protected], or go to: https:// Republic of Iran to arrive at one of the implementing enhanced protocols to www.archives.gov/federal-register/cfr/ibr- locations.html. United States airports where the United ensure that all travelers seeking to enter States Government is focusing public the United States with recent travel Issued on February 25, 2020. health resources (effective March 2, from, or who were otherwise recently Gaetano A. Sciortino, 2020). This document also adds two present within, any of the countries of Deputy Director for Strategic Initiatives, additional airports to the list of airports the Schengen Area are provided Compliance & Airworthiness Division, where flights subject to the arrival appropriate public health services. Aircraft Certification Service. restrictions are permitted to land— The enhanced arrival protocols [FR Doc. 2020–05362 Filed 3–16–20; 8:45 am] Boston Logan International Airport concerning travelers with recent travel BILLING CODE 4910–13–P (BOS) and Miami International Airport from, or who were otherwise recently (MIA). present within, the People’s Republic of DATES: Flights departing after 11:59 p.m. China, excluding the Special DEPARTMENT OF HOMELAND Administrative Regions of Hong Kong SECURITY Eastern Daylight Time on Friday, March 13, 2020, and covered by the arrival and Macau, identified in the documents published at 85 FR 6044 on February 4, U.S. Customs and Border Protection restrictions regarding the countries of the Schengen Area are required to land 2020 and 85 FR 7214 on February 7, 2020, also remain in place in this notice, 19 CFR Chapter I at one of the airports identified in this document. These arrival restrictions except that flights are permitted to land at two additional airports. The Transportation Security Administration will continue until cancelled or modified by the Secretary of DHS and enhanced arrival protocols concerning travelers with recent travel from, or who 49 CFR Chapter XII notification is published in the Federal Register of such cancellation or were otherwise present within, the Notification of Arrival Restrictions modification. Islamic Republic of Iran, identified in the document published at 85 FR 12731 Applicable to Flights Carrying Persons FOR FURTHER INFORMATION CONTACT: Who Have Recently Traveled From or on March 4, 2020, also remain in place Matthew S. Davies, Office of Field in this notice except that flights are Were Otherwise Present Within the Operations, U.S. Customs and Border Countries of the Schengen Area permitted to land at two additional Protection (CBP) at 202–325–2073. airports. AGENCY: U.S. Customs and Border SUPPLEMENTARY INFORMATION: Enhanced traveler arrival protocols Protection and U.S. Transportation Background are part of a layered approach used with Security Administration, Department of other public health measures already in Homeland Security. Coronaviruses are a large family of place to detect arriving travelers who ACTION: Notification of arrival viruses that are common in many are exhibiting overt signs of illness. restrictions. different species of animals, including Related measures include reporting ill camels, cattle, cats, and bats. While it is travelers identified by carriers during SUMMARY: This document announces the rare, animal coronaviruses can infect travel to appropriate public health decision of the Secretary of Homeland people, and then spread between people officials for evaluation, and referring ill Security (DHS) to direct all flights to the (human-to-human) such as with Middle travelers arriving at a U.S. port of entry United States carrying persons who East Respiratory Syndrome and Severe by CBP to appropriate public health have recently traveled from, or were Acute Respiratory Syndrome. The officials in order to slow and prevent otherwise present within, the countries United States Government is closely the introduction into, and transmission of the Schengen Area to arrive at one of monitoring an outbreak of respiratory and spread of, communicable disease in the United States airports where the illness caused by human-to-human the United States. United States Government is focusing transmission of a novel (new) To ensure that travelers with recent public health resources. There are coronavirus (which has since been presence in the countries of the twenty-six countries in the Schengen renamed ‘‘SARS-CoV–2’’ and causes the Schengen Area are screened Area: Austria, Belgium, Czech Republic, disease COVID–19), first identified in appropriately, DHS directs that all Denmark, Estonia, Finland, France, Wuhan City, Hubei Province, People’s flights to the United States carrying Germany, Greece, Hungary, Iceland, Republic of China. persons who have recently traveled Italy, Latvia, Liechtenstein, Lithuania, The potential for widespread from, or were otherwise present within, Luxembourg, Malta, the Netherlands, transmission of this virus by infected the countries of the Schengen Area Norway, Poland, Portugal, Slovakia, individuals seeking to enter the United arrive at airports where enhanced public Slovenia, Spain, Sweden, and States threatens the security of our health services and protocols have been Switzerland. This document also transportation system and implemented. Although DHS will modifies two notifications regarding infrastructure, and the national security. continue to work with carriers to ensure decisions of the Secretary of DHS: To Noting recent pronouncements by the that they identify potential persons who direct all flights to the United States World Health Organization (WHO) and traveled from, or who have otherwise carrying persons who have recently the Centers for Disease Control and recently been present within, the traveled from, or were otherwise present Prevention (CDC) for the novel affected areas prior to boarding, carriers within, the People’s Republic of China coronavirus outbreak to assist in shall comply with the requirements of (excluding the Special Regions of Hong preventing the introduction, this document in all cases, including Kong and Macau) to arrive at one of the transmission, and spread of this when such persons are identified after United States airports where the United communicable disease globally and in boarding but prior to takeoff. States Government is focusing public the United States, including the On Friday, January 31, 2020, DHS health resources (effective February 2, categorization by WHO of COVID–19 as posted a document on the Federal 2020); and to direct all flights to the a pandemic on March 11, 2020, DHS, in Register public inspection page,

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announcing the DHS Secretary’s • Newark Liberty International DEPARTMENT OF THE TREASURY decision that arrival restrictions Airport (EWR), New Jersey; regarding the People’s Republic of • Dallas/Fort Worth International Internal Revenue Service China (excluding the Special Airport (DFW), Texas; Administrative Regions of Hong Kong 26 CFR Part 1 • Detroit Metropolitan Airport and Macau) would go into effect at 5 (DTW), Michigan; [TD 9888] p.m. Eastern Daylight Time on Sunday, • February 2, 2020, at seven airports. The Boston Logan International Airport RIN 1545–BN18 document announcing this decision was (BOS), Massachusetts; and Guidance Under Section 355(e) published in the Federal Register on • Miami International Airport (MIA), Regarding Predecessors, Successors, February 4, 2020 at 85 FR 6044. On Florida. and Limitation on Gain Recognition; Friday, February 7, 2020, DHS This direction considers a person to Guidance Under Section 355(f); published a document adding two have recently traveled from, or Correcting Amendment airports to the list of airports where otherwise been present within, a flights subject to the arrival restrictions AGENCY: Internal Revenue Service (IRS), country of the Schengen Area if that are permitted to land and describing Treasury. person departed from, or was otherwise when the arrival restrictions would present within, a country of the ACTION: Correcting amendment. include those airports. See 85 FR 7214. Schengen Area within 14 days of the With this document, DHS is adding the SUMMARY: This document contains a date of the person’s entry or attempted following two additional airports to the correction to Treasury Decision 9888, entry into the United States. The list of airports where flights subject to which was published in the Federal Schengen Area consists of the following the arrival restrictions are permitted to Register on Wednesday, December 18, countries: Austria, Belgium, Czech land: Boston Logan International 2019. Treasury Decision 9888 contained Republic, Denmark, Estonia, Finland, Airport (BOS), and Miami International final regulations providing guidance France, Germany, Greece, Hungary, Airport (MIA). regarding the distribution by a Iceland, Italy, Latvia, Liechtenstein, As with actions related to the People’s distributing corporation of stock or Lithuania, Luxembourg, Malta, Republic of China and the Islamic securities of a controlled corporation Netherlands, Norway, Poland, Portugal, Republic of Iran, DHS anticipates that without the recognition of income, gain, Slovakia, Slovenia, Spain, Sweden, and airlines will be able to fully support or loss. Switzerland. implementation of these arrival DATES: This correction is effective on restrictions. For purposes of this document, crew March 17, 2020. For dates of and flights carrying only cargo (i.e., no applicability, see § 1.355–8(i). Notification of Arrival Restrictions passengers or non-crew) are excluded FOR FURTHER INFORMATION CONTACT: W. Applicable to All Flights Carrying from the applicable measures set forth Reid Thompson, (202) 317–5024, or Persons Who Have Recently Traveled in this notice. Richard K. Passales, (202) 317–5024 (not From or Were Otherwise Present This direction is subject to any toll-free numbers). Within the Countries of the Schengen changes to the airport landing SUPPLEMENTARY INFORMATION: Area destination that may be required for Background Pursuant to 19 U.S.C. 1433(c), 19 CFR aircraft and/or airspace safety, as 122.32, 49 U.S.C. 114, and 49 CFR directed by the Federal Aviation The final regulations (TD 9888) that 1544.305 and 1546.105, DHS has the Administration. are the subject of this correction are issued under section 355 of the Internal authority to limit the locations where all This list of affected airports may be Revenue Code. flights entering the U.S. from abroad modified by the Secretary of Homeland may land. Under this authority and Security, in consultation with the Need for Correction effective for flights departing after 11:59 Secretary of Health and Human Services p.m. ET on Friday March 13, 2020, I As published December 18, 2019 (84 and the Secretary of Transportation. FR 69308), the final regulations (TD hereby direct all operators of aircraft to This list of affected airports may be ensure that all flights carrying persons 9888; FR Doc. 2019–27110) contained modified by an updated publication in an error that needs to be corrected. who have recently traveled from, or the Federal Register or by posting an were otherwise present within, any of advisory to follow at www.cbp.gov. The List of Subjects in 26 CFR Part 1 the countries of the Schengen Area only restrictions will remain in effect until Income taxes, Reporting and land at one of the following airports: superseded, modified, or revoked by recordkeeping requirements. • John F. Kennedy International publication in the Federal Register. Airport (JFK), New York; Correction of Publication • For purposes of this Federal Register Chicago O’Hare International document, ‘‘United States’’ means the Accordingly, 26 CFR part 1 is Airport (ORD), Illinois; corrected by making the following • States of the United States, the District San Francisco International Airport of Columbia, and territories and correcting amendment: (SFO), California; • possessions of the United States PART 1—INCOME TAXES Seattle-Tacoma International (including Puerto Rico, the U.S. Virgin Airport (SEA), Washington; ■ • Islands, American Samoa, the Paragraph 1. The authority citation Daniel K. Inouye International Commonwealth of the Northern Mariana for part 1 continues to read in part as Airport (HNL), Hawaii; Islands, and Guam). follows: • Los Angeles International Airport, (LAX), California; Chad F. Wolf, Authority: 26 U.S.C. 7805 * * * • Hartsfield-Jackson Atlanta Acting Secretary, U.S. Department of ■ Par. 2. Section 1.355–8 is amended by International Airport (ATL), Georgia; Homeland Security. revising the seventh sentence of • Washington-Dulles International [FR Doc. 2020–05606 Filed 3–13–20; 1:30 pm] paragraph (h)(8)(ii)(A) to read as Airport (IAD), Virginia; BILLING CODE 9111–14–P; 9110–05–P follows:

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§ 1.355–8 Definition of predecessor and Background DATES: This rule is effective April 16, successor and limitations on gain 2020. recognition under section 355(e) and The final regulations (TD 9888) (84 FR section 355(f). 69308, Dec. 18, 2019) that are the FOR FURTHER INFORMATION CONTACT: Erica Ferron, Defense Health Agency, * * * * * subject of this correction are issued Medical Benefits and Reimbursement (h) * * * under section 355 of the Internal Section, 303–676–3626 or (8) * * * Revenue Code. [email protected]. (ii) * * * Need for Correction (A) * * * The Reflection of Basis SUPPLEMENTARY INFORMATION: As published, the final regulations Requirement is satisfied because that C (TD 9888), contain an error that needs I. Executive Summary and Overview stock had a basis prior to the to be corrected. Distribution that was determined in A. Purpose of the Final Rule whole or in part by reference to the Correction of Publication This final rule implements section 721 of the National Defense basis of Separated Property (Asset 1 and Accordingly, the final regulations (TD Authorization Act for Fiscal Year 2018 Asset 2, respectively), and was neither 9888), that are the subject of FR Doc. (NDAA–18), and advances two of the distributed in a distribution to which 2019–27110, appearing on page 69308 components of the Military Health section 355(e) applied nor transferred in in the Federal Register of Wednesday, System’s quadruple aim of improved a transaction in which the gain on that December 18, 2019, are corrected as readiness and better health. The C stock was recognized in full during follows: TRICARE Basic benefit currently the Plan Period prior to the Distribution. 1. On page 69312, in the third includes physical therapy (PT) and *** column, the eighth line from the bottom occupational therapy (OT) services * * * * * of the first full paragraph, rendered by TRICARE-authorized ‘‘8T(b)(2)(vi)(B)(2)’’ is corrected to read Martin V. Franks, providers within the scope of their ‘‘8T(b)(2)(vi)’’. Chief, Publications and Regulations Branch, license when prescribed and monitored Legal Processing Division, Associate Chief Martin V. Franks, by a physician, certified physician Counsel, (Procedure and Administration). Chief, Publications and Regulations Branch, assistant, or certified nurse practitioner. [FR Doc. 2020–05040 Filed 3–16–20; 8:45 am] Legal Processing Division, Associate Chief Allowing licensed registered physical BILLING CODE 4830–01–P Counsel (Procedure and Administration). therapists and occupational therapists to [FR Doc. 2020–05041 Filed 3–16–20; 8:45 am] include those services of qualified BILLING CODE 4830–01–P assistants performing under their DEPARTMENT OF THE TREASURY supervision as covered services may increase access to PT and OT services, Internal Revenue Service DEPARTMENT OF DEFENSE and increase beneficiary choice in provider selection. Adding coverage of 26 CFR Part 1 Office of the Secretary services by authorized therapy assistants may increase access at the [TD 9888] 32 CFR Part 199 same time the Agency anticipates that an active and aging beneficiary RIN 1545–BN18 [Docket ID: DOD–2018–HA–0028] population will increasingly use these Guidance Under Section 355(e) RIN 0720–AB72 services. Regarding Predecessors, Successors, TRICARE; Addition of Physical B. Summary of the Major Provisions of and Limitation on Gain Recognition; the Final Rule Guidance Under Section 355(f); Therapist Assistants and Occupational The major provisions of the final rule Correction Therapy Assistants as TRICARE- Authorized Providers are: • AGENCY: Internal Revenue Service (IRS), The addition of licensed or certified Treasury. AGENCY: Office of the Secretary, PTAs as TRICARE-authorized providers, Department of Defense (DoD). ACTION: Final regulations; correction. operating under the same qualifications ACTION: Final rule. established by Medicare (42 Code of SUMMARY: This document contains a Federal Regulations (CFR) 484.115 or correction to final regulations (TD 9888) SUMMARY: The Department of Defense is successor regulation). Services must be that were published in the Federal publishing this final rule to add furnished under the supervision of a Register on Wednesday, December 18, licensed or certified physical therapist TRICARE-authorized licensed registered 2019. The final regulations provide assistants (PTAs) and occupational physical therapist. guidance regarding the distribution by a therapy assistants (OTAs) as TRICARE- • The addition of licensed or certified distributing corporation of stock or authorized providers to engage in OTAs as TRICARE-authorized securities of a controlled corporation physical therapy or occupational providers, operating under the same without the recognition of income, gain, therapy under the supervision of a qualifications established by Medicare or loss. TRICARE-authorized licensed registered (42 CFR 484.115 or successor physical therapist or occupational regulation). Services must be furnished DATES: This correction is effective on therapist in accordance with Medicare’s under the supervision of a TRICARE- March 17, 2020. For dates of rules for supervision and qualification. applicability, see § 1.355–8(i). authorized licensed registered This rule aligns TRICARE with occupational therapist. FOR FURTHER INFORMATION CONTACT: W. Medicare’s policy, which permits PTAs Reid Thompson, (202) 317–5024, or or OTAs to provide physical or C. Costs and Benefits Richard K. Passales, (202) 317–5024 (not occupational therapy when supervised PT and OT services are covered toll-free numbers). by a licensed registered physical benefits of the TRICARE program, SUPPLEMENTARY INFORMATION: therapist or occupational therapist. authorized at 32 CFR 199.4. We estimate

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that as a result of this rule, there will be chapters of the Medicare Benefit Policy of a PTA shall not be reimbursed. This a one-percent increase in the use of PT Manual. includes, but is not limited to, and OT services. The cost of increased Direct supervision will be required in evaluations and re-evaluations. Services utilization, along with first-year a private practice setting. The provided by a PTA beyond the scope implementation costs of $350,000, is supervising physical therapist will be permitted by state or local law shall not estimated at $20 million over five years. required to be in the office suite where be reimbursed. the PTA is located and immediately The financial effect of this rule is not OTAs—Qualifications in the nature of economic costs or available to furnish assistance and OTAs typically hold an associate’s imposition of private expenditures to direction throughout the performance of degree and are licensed by the state in comply with Federal regulations. the procedure. The supervising physical which they practice. This rule ties the Rather, the rule involves fairly modest therapist will not be required to be in qualifications of OTAs under the changes in federal health benefits the room with the PTA while the TRICARE program to Medicare’s payments. Consistent with OMB procedure is performed. General supervision will be required requirements as codified at 42 CFR Circular A–4, such economic effects are in all settings other than private 484.115 (or successor regulation). considered ‘‘transfer payments’’ caused practice. General supervision will OTAs—Supervision Requirements by Federal budget action, rather than require that procedures be performed by regulatory benefits or costs that require the PTA under the physical therapist’s Under this rule, TRICARE’s additional analysis. overall direction and control, but the supervision requirements match, to the II. Discussion of Final Rule physical therapist’s presence will not be extent practicable, Medicare’s. The DHA required during the performance of the intends, in implementing instructions, A. Introduction and Background procedure. Under general supervision, to follow Medicare’s requirements as found within the Medicare’s policy Title 32 CFR 199.4(c)(3)(x) states that the training of the PTA who actually instructions. DHA will rely primarily on assessment and treatment services of a performs the procedure and Medicare Benefit Policy Manual 100–02 TRICARE-authorized physical therapist maintenance of the necessary Chapter 15, Covered Medical and Other or occupational therapist may be cost- equipment and supplies will be the Health Services, Sections 220 and 230, shared under certain conditions when continuing responsibility of the physical but will also refer to other related prescribed and monitored by a therapist. Medicare’s supervision issuances and manuals including physician, certified physician assistant, requirements vary further by setting and facility-specific chapters of the or certified nurse practitioner. In DHA intends, where appropriate, to Medicare Benefit Policy Manual. addition, 32 CFR 199.6(c)(3)(iii)(K)(2) follow these setting-specific Direct supervision will be required in recognizes licensed registered physical requirements. a private practice setting. The therapists and occupational therapists In cases where state or local supervising occupational therapist will as TRICARE-authorized providers when supervision laws are more stringent, the DHA will require physical therapists be required to be in the office suite PT and OT services meet the conditions and the PTAs they supervise to follow where the OTA is located and and are prescribed and monitored as state or local laws. Services provided by immediately available to furnish described in the previous sentence. This PT aides or other personnel, even if assistance and direction throughout the rule extends coverage of PT and OT under the supervision of a TRICARE- performance of the procedure. The services, as required by NDAA–18, to authorized licensed registered physical supervising occupational therapist will include services provided by licensed or therapist or PTA, are not covered. not be required to be in the room with certified PTAs or OTAs operating under Services provided by PTAs incident to the OTA while the procedure is the supervision of a TRICARE- services provided by physicians or other performed. authorized licensed registered physical licensed or qualified providers other General supervision will be required therapist or occupational therapist. than physical therapists are not covered, in all settings other than private PTAs—Qualifications as only physical therapists can practice. General supervision will supervise PTAs. If Medicare makes require that procedures be performed by PTAs typically hold an associate’s changes to its supervision requirements, the OTA under the occupational degree in PT and are licensed by the the DHA will evaluate the changes and therapist’s overall direction and control, state in which they practice. This rule determine whether to make similar but the occupational therapist’s ties the qualifications of PTAs under the changes; any changes deemed presence will not be required during the TRICARE program to Medicare’s appropriate shall be added to the performance of the procedure. Under requirements as codified at 42 CFR implementing instructions. general supervision, the training of the 484.115 (or successor regulation). OTA who actually performs the PTAs—Reimbursement Requirements PTAs—Supervision Requirements procedure and maintenance of the TRICARE is required by statute (Title necessary equipment and supplies will Under this rule, TRICARE’s 10 United States Code (U.S.C.) chapter be the continuing responsibility of the supervision requirements match, to the 55, § 1079(h)(1)) to reimburse like occupational therapist. Medicare’s extent practicable, Medicare’s. The Medicare, to the extent practicable. PT supervision requirements vary further Defense Health Agency (DHA) intends, services will continue to be reimbursed by setting and DHA intends, where in implementing instructions, to follow under existing TRICARE reimbursement appropriate, to follow those setting- Medicare’s requirements as found methodology, including the CHAMPUS specific requirements. within Medicare’s policy instructions. Maximum Allowable Charge (CMAC) In cases where state or local DHA will rely primarily on Medicare methodology and applicable diagnosis- supervision laws are more stringent, the Benefit Policy Manual 100–02 Chapter related groups, except that any Medicare DHA will require occupational 15, Covered Medical and Other Health reimbursement requirements specific to therapists and the OTAs they supervise Services, Sections 220 and 230, but will services provided by PTAs will also be to follow state or local laws. Services also refer to other related issuances and adopted, when practicable. Services provided by OT aides or other manuals, including facility-specific provided by a PTA above the skill-level personnel, even if under the supervision

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of a TRICARE-authorized licensed TRICARE. Following is a summary of added verbiage pointing to ‘‘or registered occupational therapist or the public comments and our responses. successor regulation’’ to avoid future OTA, are not covered. Services provided concerns if Medicare revises its 1. Provisions of the Proposed Rule by OTAs incident to services provided qualification regulations. by physicians or other licensed or A. The proposed rule proposed to add Comment 4: Two commenters noted qualified providers other than licensed or certified PTAs as TRICARE- that the Medicare Benefit Policy Manual occupational therapists are not covered, authorized providers, operating under Chapter cited in the proposed rule was as only occupational therapists can the same qualifications established by incorrect. They requested this citation supervise OTAs. If Medicare makes Medicare (42 Code of Federal be updated to clarify that Medicare changes to its supervision requirements, Regulations (CFR) 484.4). Services were Benefit Policy Manual Chapter 15 the DHA will evaluate the changes and required to be furnished under the Sections 220 and 230 would be determine whether to make similar supervision of and billed by a licensed followed. changes; any changes deemed or certified TRICARE-authorized Response: DHA acknowledges the appropriate shall be added to the physical therapist. error and has corrected the reference in implementing instructions. B. The proposed rule proposed to add the final rule. The Medicare Benefit licensed or certified OTAs as TRICARE- Policy Manual Chapter DHA intends to OTAs—Reimbursement Requirements authorized providers, operating under reference in developing most of its TRICARE is required by statute (10 the same qualifications established by implementing instructions on PTAs and U.S.C. 55, § 1079(h)(1)) to reimburse like Medicare (42 CFR 484.4). Services were OTAs is Medicare Benefit Policy Medicare, to the extent practicable. OT required to be furnished under the Manual 100–02 Chapter 15, Covered services will continue to be reimbursed supervision of and billed by a licensed Medical and Other Health Services, under existing TRICARE reimbursement or certified TRICARE-authorized Sections 220 and 230. In some cases, the methodology, including the CMAC and occupational therapist. DHA will turn to other issuances or applicable diagnosis-related groups, manuals for clarifying information, except that any Medicare 2. Analysis of Major Public Comments including facility-specific chapters of reimbursement requirements specific to A. Terminology the Medicare Benefit Policy Manual. If services provided by OTAs will also be Medicare revises, renumbers, or adopted, when practicable. Services Comment 1: We received many otherwise relocates its guidance on provided by an OTA above the skill- comments requesting DHA refer to PTAs and OTAs, DHA will use the new level of an OTA shall not be reimbursed. assistants to physical therapists as policy information, where appropriate. This includes, but is not limited to, physical therapist assistants, not B. Supervision of PTAs and OTAs evaluations and re-evaluations. Services physical therapy assistants. provided by an OTA beyond the scope Response: We concur with this Comment 5: Many commenters were permitted by state or local law shall not comment and have revised the rule supportive of matching TRICARE’s be reimbursed. using of the term physical therapist supervision requirements to Medicare’s. assistants throughout. This term has Many commenters requested DHA Updated Referral Definition been corrected throughout the preamble clarify whether direct supervision In order to fully implement section and in the one place in the regulatory would require the supervising physical 721 of the NDAA for 2018, DHA is text where it occurred therapist or occupational therapist to be updating the definition of referrals to (§ 199.6(c)(3)(iii)(K)(2)(i)). in the room with the PTA or OTA, or remove the limitation that only Comment 2: Many commenters whether the supervising therapist would physicians can make referrals and to requested DHA remove the term only be required to be in the office suite. distinguish between necessary referrals ‘‘certified’’ in front of physical Response: DHA intends to use for general benefit coverage and referrals therapists. Medicare’s definition of direct required under TRICARE Prime for Response: The rule has been revised supervision. That is, the physical Prime enrollee care. All referral to use licensed registered physical therapist or occupational therapist will requirements are provided in the therapists throughout, consistent with be required to be in the office suite regulations and in the implementing language in the existing regulation. This where the PTA or OTA is located and instructions. No new referral authority edit does not appear in the regulatory immediately available to furnish is granted with this change; rather, it text but has been corrected in the assistance and direction throughout makes the referral definition consistent preamble of this final rule. performance of the procedure. The with existing referral authorities Comment 3: Many commenters were supervising physical therapist or including that certified nurse supportive of DHA using Medicare’s occupational therapist will not be practitioners and certified physician requirements for qualifications of PTAs required to be in the room with the PTA assistants can make referrals to licensed and OTAs. Some commentators or OTA while the procedure is registered physical therapists and requested DHA revise the rule to correct performed. occupational therapists. the location of Medicare’s codification Comment 6: Some commenters for PTA and OTA qualifications, which requested DHA clarify the supervision III. Public Comments is 42 CFR 484.115, not § 484.4. requirements for specific types of The TRICARE proposed rule on the Response: The NDAA–18 mandated facilities (e.g., rehabilitation settings). addition of PTAs and OTAs as DHA follow Medicare’s qualifications Response: Providing specific TRICARE-authorized providers (83 FR for PTAs and OTAs as found in 42 CFR supervision requirements for each 65323) was published on December 20, 484.4 or successor regulation. After facility type that provides PT or OT 2018, and provided a 60-day public passage of the NDAA, Medicare revised under the TRICARE program within this comment period. As a result of its regulations, resulting in a new final rule could negate the DHA’s publication of the proposed rule, DHA citation for the qualifications of PTAs authority to promptly recognize by received 681 comments, most of which and OTAs. DHA has revised the rule administrative policy, rather than the strongly supported adding PTAs and and regulation to contain the new much longer CFR amendment process, OTAs as authorized providers under regulatory citation (§ 484.115), and has changes to supervision requirements

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when enacted by Medicare. The DHA C. Scope of Practice of PTAs and OTAs and therapy assistant separately provide intends to follow Medicare’s Comment 9: Two commenters services to a beneficiary (i.e., not at the supervision requirements to the extent expressed concern over the use of same time), those services are separately practicable; those requirements are examples of services provided by PTAs reimbursable if they would have currently available at the Medicare and OTAs in the proposed rule, arguing otherwise been reimbursable should Benefit Policy Manual 100–02 Chapter that these examples could be seen as both therapy sessions have been 15 sections 220 and 230, along with limiting the services of PTAs and OTAs. provided by the therapist. Comment 12: One commenter Medicare Benefit Policy Manuals for One commenter expressed concern over specific facilities types (home health requested DHA reimburse PTAs at the limiting OTAs to less complex and/or agencies, combined outpatient same rate as physical therapists rather simpler tasks. rehabilitation facilities, etc.). than using Medicare’s reimbursement Response: The provided examples Comment 7: Some commenters methodology. were not intended to be a disagreed with using Medicare’s Response: The DHA is required by supervision requirements because comprehensive list of services provided statute (10 U.S.C. 1079(h)(1)) to Medicare requires direct supervision in by PTAs and OTAs. However, the DHA reimburse like Medicare where private practice, while allowing general is sensitive to concerns about practicable. It is practicable to follow supervision in all other settings. These inadvertent limiting of the scope of Medicare reimbursement for these commenters requested DHA consider practice of the providers under services. The final rule language has allowing all PTAs and/or OTAs to TRICARE and has removed reference to been edited to make clear TRICARE’s operate under general supervision. They specific tasks performed by PTAs and statutory requirement and intent to argued that requiring direct supervision OTAs. PTAs and OTAs will continue to follow Medicare’s reimbursement for private practice in rural areas would be prohibited from performing services methodologies. outside their scope of practice or create long wait lists and otherwise E. Referral Definition impact patient care. license. Response: The decision to match D. Billing and Reimbursement Comment 13: Several commenters TRICARE’s PTA and OTA supervision requested clarification on changes to the requirements to Medicare’s was made so Comment 10: Many commenters referral definition. One commenter that providers operating under both requested the DHA clarify when asked how it applied to non-physician programs would only have to follow one services should be billed under the practitioners (NPPs) and asked whether set of rules (to the extent practicable); supervising physical therapist or NPPs would now be able to make additionally, Medicare’s rules have been occupational therapist’s national referrals and sign orders. One in place for many years and have the provider identification (ID) number, and commenter asked if PTs and OTs would benefit of having been field-tested. It is when services should be billed under now be allowed to give referrals. One simpler and more appropriate to follow the facility or organization’s provider ID commenter requested DHA clarify the Medicare’s requirements. Should number. One commenter supported anticipated impact of updating the Medicare revise its supervision requiring PTAs to be billed under the referral definition. One commenter requirements for therapists in private physical therapist’s provider ID number. expressed concern that the proposed practice (or other settings), the DHA will Response: DHA’s intention in stating language could be misinterpreted to evaluate and revise its requirements in within the rule that services of therapy require physician referrals in most cases implementing instructions, where assistants would be required to be billed and offered alternative language. appropriate. under the supervising therapist was Response: The updated referral Comment 8: One commenter intended to apply to professional definition confers no new referral expressed concern over adding OTAs as services and to indicate that therapy authority, but makes language authorized providers or reimbursing assistants could not bill under their own consistent with existing regulatory other than skilled practitioners. In national provider ID number. In restrictions regarding referrals. particular, this commenter was response to concerns raised by the Historically, a physician was required to concerned with giving assistants the commenters, DHA has removed make all referrals under the TRICARE ability to treat without direct reference to billing requirements under program. However, in recent years, supervision. the final rule. Billing of therapy services changes to the regulation have been Response: In determining which will continue as they have under made to extend the right to make providers to authorize to provide existing TRICARE policy and regulation, referrals to other provider types. Of services to TRICARE beneficiaries, DHA with the exception that professional note, certified nurse practitioners and weighs a number of factors, including services shall not be billed by a PTA or certified physician assistants were given the quality of care provided by the OTA under his or her own provider ID, the right to refer patients to licensed provider type and beneficiary access to but shall instead be billed under the registered physical therapists and needed care. In adopting Medicare’s provider ID of the supervising therapist. occupational therapists, and licensed supervision and qualification Comment 11: One commenter registered speech therapists. Prior to requirements, beneficiaries will have requested DHA clarify that billing OTA this final rule, the referral definition increased access to care that has been services under the occupational continued to limit referrals to quality tested through the many years of therapist’s provider ID does not mean physicians, which was not consistent PTA and OTA authorization under that OTA services are included in the with these previously approved Medicare. If, after implementation, the bill for the occupational therapist’s changes. DHA becomes aware of issues with the services. The updated referral definition does quality of care provided by PTAs or Response: DHA concurs that the not give physical therapists or OTAs, the DHA will have the regulatory existing regulatory language was occupational therapists the ability to flexibility to determine that it is no confusing and has removed reference to make referrals, as they do not otherwise longer practicable to mirror Medicare’s therapy assistant services being have referral authority under the supervision requirements and make included in the services of the regulations. The DHA does not expect changes accordingly. supervising therapist. When a therapist updating the referral definition to have

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any impact on the TRICARE Program made to terminology and references, the Public Law 96–354, ‘‘Regulatory itself, but will remove an existing definitions of direct and general Flexibility Act’’ (RFA) (5 U.S.C. 601) inconsistency within the regulation. supervision, and regarding DHA’s Public Law 96–354, ‘‘Regulatory One commenter’s proposal to change intention to reimburse like Medicare, Flexibility Act’’ (RFA) (5 U.S.C. 601), the language to ‘‘generally, when a where practicable. requires that each Federal agency referral is required to qualify health care IV. Regulatory Impact prepare a regulatory flexibility analysis as a covered benefit, a TRICARE- when the agency issues a regulation authorized provider may make such a Executive Order 12866, ‘‘Regulatory which would have a significant impact referral as allowed within the scope of Planning and Review’’ and Executive on a substantial number of small the provider’s license’’ cannot be Order 13563, ‘‘Improving Regulation entities. This final rule is not an adopted as it does not comply with and Regulatory Review’’ economically significant regulatory program requirements, and could be action, and it has been certified that it seen as authorizing providers to make E.O.s 12866 and 13563 direct agencies to assess all costs and benefits of will not have a significant impact on a referrals inconsistent with other substantial number of small entities. restrictions within the program. A available regulatory alternatives and, if regulation is necessary, to select Therefore, this final rule is not subject separate proposed rule (see 84 FR to the requirements of the RFA. 13855) proposes to extend those regulatory approaches that maximize providers which can refer to licensed net benefits (including potential Public Law 96–511, ‘‘Paperwork registered physical therapists, economic, environmental, public health Reduction Act’’ (44 U.S.C. Chapter 35) and safety effects, distributive impacts, occupational therapists, and speech This final rule does not contain a therapists. and equity). E.O. 13563 emphasizes the importance of quantifying both costs ‘‘collection of information’’ Comment 14: One comment expressed requirement, and does not impose concern about DHA regulating who can and benefits, of reducing costs, of harmonizing rules, and of promoting additional information collection make referrals, and argued this is an requirements on the public under Public encroachment on clinical decisions and flexibility. This rule has been designated a non-significant rule under Law 96–511, ‘‘Paperwork Reduction state licensure/practice acts. Act’’ (44 U.S.C. Chapter 35). Response: DHA’s enacting statute E.O. 12866 and has not been reviewed permits only a specific list of providers by the Office of Management and Executive Order 13132, ‘‘Federalism’’ Budget. to treat or diagnose injuries or illnesses E.O. 13132, ‘‘Federalism,’’ requires under the TRICARE program (10 U.S.C. Executive Order (E.O.) 13771, that an impact analysis be performed to 1079(a)(12)). In order for providers ‘‘Reducing Regulation and Controlling determine whether the rule has beyond that list to perform services Regulatory Costs’’ federalism implications that would have under TRICARE, one of the statutorily substantial direct effects on the States, authorized providers must refer to the E.O. 13771 seeks to control costs on the relationship between the national provider and oversee and manage the associated with the government government and the States, or on the episode of care. Physical therapists and imposition of private expenditures distribution of power and occupational therapists are not listed in required to comply with Federal responsibilities among the various 10 U.S.C. 1079(a)(12) and so can only regulations and to reduce regulations levels of government. It has been provide care when referred to and that impose such costs. Consistent with certified that this final rule does not managed by a physician, certified the analysis of transfer payments under have federalism implications, as set physician assistant, or certified nurse OMB Circular A–4, this final rule does forth in E.O. 13132. practitioner. Setting referral not involve regulatory costs subject to requirements falls within the authority E.O. 13771. List of Subjects in 32 CFR Part 199 Congress envisioned when it gave DHA Congressional Review Act (5 U.S.C. 801, Administrative practice and the authority to create the TRICARE et seq.) procedure, Claims, Dental health, Fraud, program. Health care, Health insurance, Comment 15: One commenter Pursuant to the Congressional Review Individuals with disabilities, Military requested DHA revisit the remaining Act (5 U.S.C. 801 et seq.), the Office of personnel. regulations that require physician Information and Regulatory Affairs Accordingly, 32 CFR part 199 is referrals and determine if those designated this rule as not a major rule, amended as follows: requirements were still appropriate. as defined by 5 U.S.C. 804(2). Response: Revision of referral PART 199—[AMENDED] requirements beyond the limited Public Law 104–4, Section 202, revision to the referral definition is ‘‘Unfunded Mandates Reform Act’’ ■ 1. The authority citation for part 199 beyond the scope of this final Section 202 of Public Law 104–4, continues to read as follows: rulemaking action. ‘‘Unfunded Mandates Reform Act,’’ Authority: 5 U.S.C. 301; 10 U.S.C. chapter F. Coverage of Other Assistants requires that an analysis be performed 55. Comment 16: One comment was to determine whether any federal ■ 2. Section 199.2 is amended by received that requested DHA analyze mandate may result in the expenditure revising the definition of ‘‘referral.’’ potential coverage of other assistants. by State, local and tribal governments, Response: Consideration of assistants in the aggregate, or by the private sector § 199.2 Definitions. other than PTAs and OTAs is beyond of $100 million or more (adjusted * * * * * the scope of this final rulemaking annually for inflation) in any one year. Referral. The act or an instance of action. The current threshold is approximately referring a TRICARE beneficiary to $140 million. We do not expect this another authorized provider to obtain 3. Provisions of the Final Rule final rule to result in any one-year necessary medical treatment. Generally, This final rule is consistent with the expenditure that would meet or exceed when a referral is required to qualify proposed rule. Clarifications have been this amount. health care as a covered benefit, only a

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TRICARE-authorized physician may DEPARTMENT OF DEFENSE This rule is not significant under make such a referral unless this Executive Order (E.O.) 12866, regulation specifically allows another Office of the Secretary ‘‘Regulatory Planning and Review.’’ category of TRICARE-authorized Therefore, E.O. 13771, ‘‘Reducing provider to make a referral as allowed 32 CFR Part 329 Regulation and Controlling Regulatory Costs’’ does not apply. within the scope of the provider’s [Docket ID: DOD–2019–OS–0053] license. In addition to referrals which List of Subjects in 32 CFR Part 329 may be required for certain health care RIN 0790–AK73 to be a covered TRICARE benefit, the Privacy. National Guard Bureau Privacy TRICARE Prime program under § 199.17 PART 329—[REMOVED] generally requires Prime enrollees to Program obtain a referral for care through a AGENCY: National Guard Bureau, DoD. ■ Accordingly, by the authority of 5 primary care manager (PCM) or other ACTION: Final rule. U.S.C. 301, 32 CFR part 329 is removed. authorized care coordinator to avoid Dated: March 9, 2020. paying higher deductible and cost- SUMMARY: This final rule removes DoD’s Aaron T. Siegel, sharing for otherwise covered TRICARE regulation concerning the National Alternate OSD Federal Register Liaison benefits. Guard Bureau Privacy Program. On Officer, Department of Defense. * * * * * April 11, 2019, the Department of [FR Doc. 2020–05049 Filed 3–16–20; 8:45 am] Defense published a revised DoD-level BILLING CODE 5001–06–P ■ 3. Section 199.6 is amended by Privacy Program rule, which contains revising paragraph (c)(3)(iii)(K)(2)(i), the necessary information for an agency- redesignating paragraph wide privacy program regulation under (c)(3)(iii)(K)(2)(ii) as paragraph the Privacy Act and now serves as the DEPARTMENT OF HOMELAND (c)(3)(iii)(K)(2)(iii), and adding a new single Privacy Program rule for the SECURITY paragraph (c)(3)(iii)(K)(2)(ii) to read as Department. That revised Privacy Coast Guard follows: Program rule also includes all DoD component exemption rules. Therefore, 33 CFR Part 117 § 199.6 TRICARE-authorized providers. this part is now unnecessary and may be * * * * * removed from the CFR. [Docket No. USCG–2020–0052] DATES: (c) * * * This rule is effective on March Drawbridge Operation Regulation; 17, 2020. (3) * * * Long Creek, Nassau, NY FOR FURTHER INFORMATION CONTACT: (iii) * * * Jennifer Nikolaisen at 703–601–6884. AGENCY: Coast Guard, DHS. (K) * * * SUPPLEMENTARY INFORMATION: DoD now ACTION: Notice of temporary deviation (2) *** has a single DoD-level Privacy Program from regulations; request for comments. (i) Licensed registered physical rule at 32 CFR part 310 (84 FR 14728) that contains all the codified SUMMARY: The Coast Guard has issued a therapist (PT), including a licensed or temporary test deviation from the certified physical therapist assistant information required for the Department. The NGB Privacy Act operating schedule that governs the (PTA) performing under the supervision Program regulation at 32 CFR part 329, Loop Parkway Bridge across Long Creek, of a TRICARE-authorized PT. PTAs last updated on February 5, 2014 (79 FR mile 0.7 at Nassau, New York. This shall meet the qualifications specified 6809), is no longer required and can be deviation will test a change to the by Medicare (42 CFR 484.115, or removed. drawbridge operation schedule to successor regulation) and the Director, It has been determined that determine if the proposed operating DHA, shall issue policy adopting, to the publication of this CFR part removal for schedule changes will meet the extent practicable, Medicare’s public comment is impracticable, reasonable needs of maritime traffic and requirements for PTA supervision. unnecessary, and contrary to public vehicular traffic. Coast Guard is seeking comments from the public about the (ii) Licensed registered occupational interest since it is based on the removal impact to both train and vessel traffic therapist (OT), including a licensed or of policies and procedures that are generated by this change. certified occupational therapy assistant either now reflected in another CFR (OTA) performing under the supervision part, 32 CFR part 310, or are publicly DATES: of a TRICARE authorized OT. OTAs available on the Department’s website. Effective date: This deviation is effective without actual notice from shall meet the qualifications specified To the extent that NGB internal March 17, 2020 through 11:59 p.m. on by Medicare (42 CFR 484.115, or guidance concerning the implementation of the Privacy Act July 27, 2020. For purposes of successor regulation) and the Director, enforcement actual notice will be used DHA, shall issue policy adopting, to the within the NGB is necessary, it will be issued in an internal document. from12:01 a.m. on January 30, 2020, extent practicable, Medicare’s This rule is one of 20 separate until March 17, 2020. requirements for OTA supervision. component Privacy rules. With the Comment date: Comments and related Dated: March 6, 2020. finalization of the DoD-level Privacy material must reach the Coast Guard on Aaron T. Siegel, rule at 32 CFR part 310, the Department or before April 16, 2020. Alternate OSD Federal Register Liaison eliminated the need for this component ADDRESSES: You may submit comments Officer, Department of Defense. Privacy rule, thereby reducing costs to identified by docket number USCG– [FR Doc. 2020–04957 Filed 3–16–20; 8:45 am] the public as explained in the preamble 2020–0052 using Federal e-Rulemaking of the DoD-level Privacy rule published Portal at http://www.regulations.gov. BILLING CODE 5001–06–P on April 11, 2019, at 84 FR 14728– See the ‘‘Public Participation and 14811. Request for Comments’’ portion of the

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SUPPLEMENTARY INFORMATION section Under this deviation, commercial Additionally, if you go to the online below for instructions on submitting vessels engaged in commerce, the draw docket and sign up for email alerts, you comments. shall open Monday thru Friday from will be notified when comments are FOR FURTHER INFORMATION CONTACT: If 6:20 a.m. to 9:50 a.m. and 3:20 p.m. to posted or a final rule is published. you have questions on this temporary 7:20 p.m. on signal at 20 and 50 minutes Dated: March 10, 2020. after the hour, and on signal at all other deviation, call or email Ms. Stephanie E. C.J. Bisignano, Lopez, First Coast Guard District, times. For all other vessels, the draw shall open on Monday thru Friday from Supervisory Bridge Management Specialist, Project Officer, telephone 212–514– First Coast Guard District. 6:20 a.m. to 7:20 p.m. on signal at 20 4335, email Stephanie.E.Lopez@ [FR Doc. 2020–05140 Filed 3–16–20; 8:45 am] uscg.mil. and 50 minutes after the hour, and the draw shall open on Saturday, Sunday BILLING CODE 9110–04–P SUPPLEMENTARY INFORMATION: and Federal holidays from 7:20 a.m. to 8:20 p.m. on signal at 20 and 50 minutes Table of Abbreviations DEPARTMENT OF HOMELAND after the hour, and on signal at all other SECURITY CFR Code of Federal Regulations times. The reason for these changes is to DHS Department of Homeland Security minimize excessive bridge openings Coast Guard FR Federal Register which were a direct cause of accelerated I. Background, Purpose and Legal Basis deterioration of the bridge. 33 CFR Part 117 Vessels able to pass through the The Loop Parkway Bridge at mile 0.7, bridge in the closed position may do so [Docket No. USCG–2019–0809] across Long Creek, Nassau, New York, at any time. There are no alternate has a vertical clearance of 21 feet at RIN 1625–AA09 routes. The bridge will be able to open mean high water and 25 at mean low for emergencies. water. Horizontal clearance is Drawbridge Operation Regulation; The Coast Guard will also inform the Chelsea River, Chelsea, MA approximately 75.5 feet. The waterway users of the waterways through our users include recreational and Local and Broadcast Notices to Mariners AGENCY: Coast Guard, DHS. commercial vessels including fishing of the change in operating schedule for ACTION: Final rule. vessels. The existing drawbridge the bridge so that vessel operators can operating regulations are listed at 33 arrange their transits to minimize any SUMMARY: The Coast Guard is modifying CFR 117.799(f). impact caused by the temporary the operating schedule that governs the In 2005, the owner of the bridge, New deviation. Chelsea Street Bridge across the Chelsea York State Department of River, mile 1.3, at Chelsea, II. Public Participation and Request for Transportation, requested a temporary Massachusetts. The bridge owner, Comments test deviation for an alternate Massachusetts Department of drawbridge operation regulation; We view public participation as Transportation (MassDOT), submitted a however, it was never followed up with essential to effective rulemaking, and request to allow the bridge to open to a rulemaking. The bridge owner will consider all comments and material 139 feet above mean high water instead assumed since the temporary deviation received during the comment period. of the full open position of 175 feet was a success they made new signage Your comment can help shape the unless a full bridge opening is reflecting the temporary deviation and outcome of this rulemaking. If you requested. It is expected that this change have been operating the bridge under submit a comment, please include the to the regulations will create efficiency this temporary deviation for the past 15 docket number for this rulemaking, in drawbridge operations and better years. After a recent construction indicate the specific section of this serve the needs of the community while operation the bridge operator began document to which each comment continuing to meet the reasonable needs operating the bridge under the original applies, and provide a reason for each of navigation. 2005 regulation and USCG Sector Long suggestion or recommendation. Island Sound received several DATES: This rule is effective April 16, We encourage you to submit 2020. complaints from mariners who were comments through the Federal upset the bridge was no longer operating eRulemaking Portal at http:// ADDRESSES: To view documents under the old temporary test deviation. www.regulations.gov. If your material mentioned in this preamble as being Based on the data that was provided by cannot be submitted using http:// available in the docket, go to http:// the bridge owner, the number of www.regulations.gov, contact the person www.regulations.gov. Type USCG– requested bridge openings has in the FOR FURTHER INFORMATION 2019–0809 in the ‘‘SEARCH’’ box and decreased over the years, while the CONTACT section of this document for click ‘‘SEARCH.’’ Click on Open Docket vehicular traffic has increased. The alternate instructions. Folder on the line associated with this schedule restricts bridge openings We accept anonymous comments. All rulemaking. during vehicular rush hours allowing comments received will be posted FOR FURTHER INFORMATION CONTACT: If openings twice per hour. This schedule without change to http:// you have questions on this rule, call or allows less congestion build up for www.regulations.gov and will include email Mr. Jim Rousseau, First Coast vehicular traffic while providing any personal information you have Guard District, Project Officer, mariners with a reliable, consistent time provided. For more about privacy and telephone (617) 223–8619, email they can request a bridge opening. The the docket, visit http:// [email protected]. Coast Guard is publishing this www.regulations.gov/privacynotice. SUPPLEMENTARY INFORMATION: temporary deviation to test the proposed Documents mentioned in this change to the bridge’s operating notification as being available in this I. Table of Abbreviations schedule and determine whether a docket and all public comments, will be CFR Code of Federal Regulations permanent change to the schedule is in our online docket at http:// DHS Department of Homeland Security necessary to better balance the needs of www.regulations.gov and can be viewed FR Federal Register marine and rail traffic. by following that website’s instructions. OMB Office of Management and Budget

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NPRM Notice of Proposed Rulemaking MassDOT needs to alter the lighting that are independently owned and (Advance, Supplemental) requirements to better meet the needs of operated and are not dominant in their § Section navigation at this drawbridge. In fields, and governmental jurisdictions U.S.C. United States Code accordance with 33 CFR 118.85, the with populations of less than 50,000. MassDOT Massachusetts Department of Transportation center of the navigational channel under The Coast Guard received no comment the operable span will be marked by a from the Small Business Administration II. Background Information and range of two green lights when the on this rule. The Coast Guard certifies Regulatory History vertical span is open to navigation. under 5 U.S.C. 605(b) that this rule will On November 29, 2019, the Coast MassDOT will change lighting to allow not have a significant economic impact Guard published a notice of proposed one solid green light and one flashing on a substantial number of small rulemaking entitled Drawbridge green light when the bridge is at the 139 entities. Operation Regulation; Chelsea River, footmark and two solid green lights The bridge provides 139 feet and 175 Chelsea, MA, in the Federal Register (84 when the bridge is fully opened to 175 feet of vertical clearance when opened FR 65728). We received six supportive feet. on demand that should accommodate comments in response to the NPRM. The rule will continue to meet the all the present vessel traffic with 9.33 reasonable needs of navigation while feet vertical clearance in the closed III. Legal Authority and Need for Rule also improving drawbridge efficiency of position at MHW. While some owners The Coast Guard is issuing this rule operation Coast Guard will change the or operators of vessels intending to under the authority of 33 U.S.C. 499. Chelsea River Bridge regulation so it can transit the bridge may be small entities, The Chelsea Street Bridge at mile 1.3, open to 139 feet, except when a for the reasons stated in section V.A across the Chelsea River, at Chelsea, requested to open to 175 feet. above, this rule will not have a Massachusetts, has a vertical clearance significant economic impact on any in the closed position of 9.33 feet at V. Regulatory Analyses vessel owner or operator. mean high water. Horizontal clearance The Coast Guard has developed this Under section 213(a) of the Small is approximately 225 feet. The waterway rule after considering numerous statutes Business Regulatory Enforcement users include recreational and and Executive Orders related to Fairness Act of 1996 (Pub. L. 104–121), commercial vessels, including tugboat/ rulemaking. Below we summarize our we want to assist small entities in barge combinations and tankers. analyses based on a number of these understanding this rule. If the rule The existing drawbridge operating statutes and Executive Orders, and we would affect your small business, regulations are listed at 33 CFR 117.593. discuss First Amendment rights of organization, or governmental In September of 2019, the owner of the protesters. jurisdiction and you have questions concerning its provisions or options for bridge, MassDOT, requested a change to A. Regulatory Planning and Review the drawbridge operation regulations to compliance, please contact the person allow the Chelsea Street Bridge to open Executive Orders 12866 and 13563 listed in the FOR FURTHER INFORMATION to 139 feet above mean high water, direct agencies to assess the costs and CONTACT section. which is an acceptable height for all benefits of available regulatory Small businesses may send comments vessels requesting openings on the alternatives and, if regulation is on the actions of Federal employees Chelsea River. The change in necessary, to select regulatory who enforce, or otherwise determine drawbridge operations is due to the approaches that maximize net benefits. compliance with, Federal regulations to increased volume of traffic across the Executive Order 13771 directs agencies the Small Business and Agriculture bridge during peak commuting hours, to control regulatory costs through a Regulatory Enforcement Ombudsman making bridge openings up to 175 feet budgeting process. This rule has not and the Regional Small Business impractical. This change in opening been designated a ‘‘significant Regulatory Fairness Boards. The height reduces the opening time by 2– regulatory action,’’ under Executive Ombudsman evaluates these actions 6 minutes per opening. The Chelsea Order 12866. Accordingly, it has not annually and rates each agency’s Street Bridge will perform a full bridge been reviewed by the Office of responsiveness to small business. If you opening of 175 feet above mean high Management and Budget (OMB) and wish to comment on actions by water when requested to do so. The pursuant to OMB guidance it is exempt employees of the Coast Guard, call 1– regulations require the bridge to open from the requirements of Executive 888–REG–FAIR (1–888–734–3247). The immediately on signal. Order 13771. Coast Guard will not retaliate against MassDOT reached out to the maritime This regulatory action determination small entities that question or complain stakeholders with the change and is based on the fact that this bridge will about this rule or any policy or action received no objections. open for all vessel traffic when of the Coast Guard. requested and provide vertical clearance IV. Discussion of Comments, Changes for all vessels when opened and thus C. Collection of Information and the Final Rule should not impact maritime traffic. We This rule calls for no new collection The Coast Guard provided 60 days for believe that this proposed change to the of information under the Paperwork comment regarding this rule and drawbridge operation regulations at 33 Reduction Act of 1995 (44 U.S.C. 3501– received seven comments all in support CFR 117.593(b) will meet the reasonable 3520). needs of navigation. of the change. D. Federalism and Indian Tribal There are no changes in the regulatory B. Impact on Small Entities Government text of this rule from the proposed rule in the NPRM. The Regulatory Flexibility Act of 1980 A rule has implications for federalism The Coast Guard will change the (RFA), 5 U.S.C. 601–612, as amended, under Executive Order 13132, Chelsea River Bridge regulation so it can requires federal agencies to consider the Federalism, if it has a substantial direct open to 139 feet, except when a potential impact of regulations on small effect on the States, on the relationship requested to open to 175 feet. entities during rulemaking. The term between the national government and Due to the unique nature of the ‘‘small entities’’ comprises small the States, or on the distribution of drawbridge operation for this bridge, businesses, not-for-profit organizations power and responsibilities among the

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various levels of government. We have coordinate protest activities so that your ACTION: Final rule. analyzed this rule under that Order and message can be received without have determined that it is consistent jeopardizing the safety or security of SUMMARY: The Coast Guard is modifying with the fundamental federalism people, places or vessels. the name and locating of an existing principles and preemption requirements security zone in St. Croix, U.S. Virgin List of Subjects in 33 CFR Part 117 described in Executive Order 13132. Islands. This rule adjusts the Also, this rule does not have tribal Bridges. coordinates of the security zone and implications under Executive Order For the reasons discussed in the updates the facility name from 13175, Consultation and Coordination preamble, the Coast Guard amends 33 HOVENSA Refinery to Limetree Bay Terminals. The rule continues to with Indian Tribal Governments, CFR part 117 as follows: because it does not have a substantial prohibit persons and vessels from direct effect on one or more Indian PART 117—DRAWBRIDGE entering the security zone, unless tribes, on the relationship between the OPERATION REGULATIONS authorized by the Captain of the Port Federal Government and Indian tribes, San Juan or a designated representative. or on the distribution of power and ■ 1. The authority citation for part 117 This action is necessary to better meet responsibilities between the Federal continues to read as follows: the safety and security needs of Government and Indian tribes. If you Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Limetree Bay Terminals in St. Croix, believe this rule has implications for Department of Homeland Security Delegation USVI. federalism or Indian tribes, please call No. 0170.1. DATES: This rule is effective April 16, or email the person listed in the FOR ■ 2. Revise § 117.593 to read as follows: 2020. FURTHER INFORMATION CONTACT section. ADDRESSES: To view documents § 117.593 Chelsea River. E. Unfunded Mandates Reform Act mentioned in this preamble as being (a) All drawbridges across Chelsea available in the docket, go to https:// The Unfunded Mandates Reform Act River shall open on signal. The opening www.regulations.gov, type USCG–2020– of 1995 (2 U.S.C. 1531–1538) requires signal for each drawbridge is two 0011 in the ‘‘SEARCH’’ box and click Federal agencies to assess the effects of prolonged blasts followed by two short ‘‘SEARCH.’’ Click on Open Docket their discretionary regulatory actions. In blasts and one prolonged blast. The Folder on the line associated with this particular, the Act addresses actions acknowledging signal is three prolonged rule. that may result in the expenditure by a blasts when the draw can be opened FOR FURTHER INFORMATION CONTACT: If State, local, or tribal government, in the immediately and is two prolonged blasts you have questions on this rule, call or aggregate, or by the private sector of when the draw cannot be open or is email Lieutenant Commander Pedro $100,000,000 (adjusted for inflation) or open and must be closed. Mendoza, Sector San Juan Prevention more in any one year. Though this rule (b) The draw of the Chelsea Street Department, Waterways Management will not result in such an expenditure, Bridge, mile 1.3, at Chelsea, shall open Division, U.S. Coast Guard; telephone we do discuss the effects of this rule as follows: 787–729–2374, email elsewhere in this preamble. (1) The draw shall open on signal to [email protected]. F. Environment 139 feet above mean high water for all vessel traffic unless a full bridge SUPPLEMENTARY INFORMATION: We have analyzed this rule under opening to 175 feet above mean high I. Table of Abbreviations Department of Homeland Security water is requested. COTP Captain of the Port Management Directive 023–01, Rev.1, (2) The 139 foot opening will be associated implementing instructions, CFR Code of Federal Regulations signified by a range light display with DHS Department of Homeland Security and Environmental Planning one solid green light and one flashing FR Federal Register COMDTINST 5090.1 (series) which green light and the full 175 foot opening NPRM Notice of proposed rulemaking guide the Coast Guard in complying will be signified with two solid green § Section with the National Environmental Policy range lights. U.S.C. United States Code Act of 1969 (NEPA)(42 U.S.C. 4321– USVI U.S. Virgin Islands 4370f). The Coast Guard has determined Dated: Feburary 12, 2020. A.J. Tiongson, II. Background Information and that this action is one of a category of Regulatory History actions that do not individually or Rear Admiral, U.S. Coast Guard, Commander, cumulatively have a significant effect on First Coast Guard District. On November 21, 2019, the Coast the human environment. This rule [FR Doc. 2020–04965 Filed 3–16–20; 8:45 am] Guard received a request to extend the promulgates the operating regulations or BILLING CODE P regulated area of the security zone and procedures for drawbridges and is update the facility name to Limetree Bay categorically excluded from further Terminals. The existing regulation in 33 review, under paragraph L49, of Chapter DEPARTMENT OF HOMELAND CFR 165.770, contains a fixed security 3, Table 3–1 of the U.S. Coast Guard SECURITY zone around the HOVENSA Refinery on the south coast of St. Croix, USVI. Environmental Planning Coast Guard Implementation Procedures. Limetree Bay Terminals recently Neither a Record of Environmental installed a Single Point Mooring system 33 CFR Part 165 Consideration nor a Memorandum for to enable deep draft vessel traffic to the Record are required for this rule. [Docket Number USCG–2020–0011] transfer to and from the facility. The location of the Single Point Mooring G. Protest Activities RIN 1625–AA87 systems falls outside of the existing The Coast Guard respects the First Security Zone; Limetree Bay security zone. In response, on January Amendment rights of protesters. Terminals, St. Croix, U.S. Virgin 27, 2020, the Coast Guard published a Protesters are asked to contact the Islands notice of proposed rulemaking (NPRM) person listed in the FOR FURTHER titled ‘‘Security Zone; Limetree Bay INFORMATION CONTACT section to AGENCY: Coast Guard, DHS. Terminals, St. Croix, U.S. Virgin

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Islands’’ (85 FR 4619). There we stated B. Impact on Small Entities effect on the States, on the relationship why we issued the NPRM, and invited The Regulatory Flexibility Act of between the National Government and comments on our proposed regulatory 1980, 5 U.S.C. 601–612, as amended, the States, or on the distribution of action related to this the Limetree Bay requires Federal agencies to consider power and responsibilities among the Terminals security zone. During the the potential impact of regulations on various levels of government. We have comment period that ended February small entities during rulemaking. The analyzed this rule under that Order and have determined that it is consistent 26, 2020, we received no comments. term ‘‘small entities’’ comprises small with the fundamental federalism businesses, not-for-profit organizations III. Legal Authority and Need for Rule principles and preemption requirements that are independently owned and The purpose of this rulemaking is to described in Executive Order 13132. operated and are not dominant in their Also, this rule does not have tribal ensure the safety of vessels and the fields, and governmental jurisdictions navigable waters surrounding Limetree implications under Executive Order with populations of less than 50,000. 13175, Consultation and Coordination Bay Terminals. The Coast Guard is The Coast Guard received no comments establishing this rulemaking under with Indian Tribal Governments, from the Small Business Administration because it does not have a substantial authority in 46 U.S.C. 70034 (previously on this rulemaking. The Coast Guard 33 U.S.C. 1231). direct effect on one or more Indian certifies under 5 U.S.C. 605(b) that this tribes, on the relationship between the IV. Discussion of Comments, Changes, rule will not have a significant Federal Government and Indian tribes, and the Rule economic impact on a substantial or on the distribution of power and number of small entities. As noted above, we received no responsibilities between the Federal While some owners or operators of Government and Indian tribes. comments on our NPRM published vessels intending to transit the security January 27, 2020. There are no changes zone may be small entities, for the E. Unfunded Mandates Reform Act in the regulatory text of this rule from reasons stated in section IV.A above, the proposed rule in the NPRM. The Unfunded Mandates Reform Act this proposed rule would not have a of 1995 (2 U.S.C. 1531–1538) requires This rule amends the existing fixed significant economic impact on any Federal agencies to assess the effects of security zone in 33 CFR 165.770 to vessel owner or operator. their discretionary regulatory actions. In expand the regulated area and to update Under section 213(a) of the Small particular, the Act addresses actions the facility name. This rule increases the Business Regulatory Enforcement that may result in the expenditure by a regulated area by approximately 880 Fairness Act of 1996 (Pub. L. 104–121), State, local, or tribal government, in the yards (.5 mile) to encompass the new we want to assist small entities in aggregate, or by the private sector of mooring system location installed by the understanding this rule. If the rule $100,000,000 (adjusted for inflation) or facility. We updated the facility name to would affect your small business, more in any one year. Though this rule Limetree Bay Terminals to reflect its organization, or governmental will not result in such an expenditure, current ownership. Vessels may seek jurisdiction and you have questions we do discuss the effects of this rule permission from the COTP to transit concerning its provisions or options for elsewhere in this preamble. through the security zone. compliance, please call or email the F. Environment V. Regulatory Analyses person listed in the FOR FURTHER INFORMATION CONTACT section. We have analyzed this rule under We developed this rule after Small businesses may send comments Department of Homeland Security considering numerous statutes and on the actions of Federal employees Directive 023–01, Rev. 1, associated Executive orders related to rulemaking. who enforce, or otherwise determine implementing instructions, and Below we summarize our analyses compliance with, Federal regulations to Environmental Planning COMDTINST based on a number of these statutes and the Small Business and Agriculture 5090.1 (series), which guide the Coast Executive orders, and we discuss First Regulatory Enforcement Ombudsman Guard in complying with the National Amendment rights of protestors. and the Regional Small Business Environmental Policy Act of 1969 (42 A. Regulatory Planning and Review Regulatory Fairness Boards. The U.S.C. 4321–4370f), and have Ombudsman evaluates these actions determined that this action is one of a Executive Orders 12866 and 13563 annually and rates each agency’s category of actions that do not direct agencies to assess the costs and responsiveness to small business. If you individually or cumulatively have a benefits of available regulatory wish to comment on actions by significant effect on the human alternatives and, if regulation is employees of the Coast Guard, call 1– environment. This rule involves necessary, to select regulatory 888–REG–FAIR (1–888–734–3247). The expanding an existing security zone and approaches that maximize net benefits. Coast Guard will not retaliate against updating the facility name. Normally Executive Order 13771 directs agencies small entities that question or complain such actions are categorically excluded to control regulatory costs through a about this rule or any policy or action from further review under paragraph budgeting process. This rule has not of the Coast Guard. L60(a) of Appendix A, Table 1 of DHS been designated a ‘‘significant Instruction Manual 023–01–001–01, C. Collection of Information regulatory action,’’ under Executive Rev. 1. A Record of Environmental Order 12866. Accordingly, this rule has This rule will not call for a new Consideration supporting this not been reviewed by the Office of collection of information under the determination is available in the docket. Management and Budget (OMB), and Paperwork Reduction Act of 1995 (44 For instructions on locating the docket, pursuant to OMB guidance it is exempt U.S.C. 3501–3520). see the ADDRESSES section of this from the requirements of Executive preamble. Order 13771. D. Federalism and Indian Tribal This regulatory action determination Governments G. Protest Activities is based on [provide factual reasons A rule has implications for federalism The Coast Guard respects the First related to the waterway, duration of under Executive Order 13132, Amendment rights of protesters. rule, etc.]. Federalism, if it has a substantial direct Protesters are asked to call or email the

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person listed in the FOR FURTHER Dated: March 9, 2020. Certain other material, such as INFORMATION CONTACT section to E.P. King, copyrighted material, is not placed on coordinate protest activities so that your Captain, U.S. Coast Guard, Captain of the the internet and will be publicly message can be received without Port San Juan. available only in hard copy form. jeopardizing the safety or security of [FR Doc. 2020–05158 Filed 3–16–20; 8:45 am] Publicly available docket materials are people, places or vessels. BILLING CODE 9110–04–P available through https:// www.regulations.gov, or please contact List of Subjects in 33 CFR Part 165 the person identified in the FOR FURTHER Harbors, Marine safety, Navigation ENVIRONMENTAL PROTECTION INFORMATION CONTACT section for (water), Reporting and recordkeeping AGENCY additional availability information. requirements, Security measures, FOR FURTHER INFORMATION CONTACT: Waterways. 40 CFR Part 52 Joseph Schulingkamp, Planning & Implementation Branch (3AD30), Air & For the reasons discussed in the [EPA–R03–OAR–2019–0103; FRL–10006– 20–Region 3] Radiation Division, U.S. Environmental preamble, the Coast Guard amends 33 Protection Agency, Region III, 1650 CFR part 165 as follows: Approval and Promulgation of Air Arch Street, Philadelphia, Pennsylvania Quality Implementation Plans; West 19103. The telephone number is (215) PART 165—REGULATED NAVIGATION Virginia; Infrastructure Requirements 814–2021. Mr. Schulingkamp can also AREAS AND LIMITED ACCESS AREAS for the 2015 Ozone Standard be reached via electronic mail at [email protected]. ■ AGENCY: Environmental Protection 1. The authority citation for part 165 SUPPLEMENTARY INFORMATION: continues to read as follows: Agency (EPA). I. Background Authority: 46 U.S.C. 70034, 70051; 33 CFR ACTION: Final rule. On December 18, 2019 (84 FR 69349), 1.05–1, 6.04–1, 6.04–6, and 160.5; SUMMARY: The Environmental Protection EPA published a notice of proposed Department of Homeland Security Delegation Agency (EPA) is approving a state rulemaking (NPRM) for the State of No. 0170.1. implementation plan (SIP) revision West Virginia. In the NPRM, EPA submitted by the State of West Virginia. ■ 2. Revise § 165.770 to read as follows: proposed approval of most portions of Whenever new or revised national West Virginia’s infrastructure SIP § 165.770 Security Zone; Limetree Bay ambient air quality standards (NAAQS revision for the 2015 ozone NAAQS. Terminals, St. Croix, U.S. Virgin Islands. or standards) are promulgated, the Clean The State submitted the infrastructure Air Act (CAA) requires states to make an (a) Regulated area. The Coast Guard is SIP on September 14, 2018 through the initial SIP submission to provide for the establishing a security zone in and Department of Environmental Protection implementation, maintenance, and around Limetree Bay Terminals on the (WVDEP); this State later supplemented enforcement of such NAAQS. This south coast of St. Croix, U.S. Virgin this submission on February 4, 2019 to submission is required to address basic Islands. This security zone includes all address the interstate transport elements program elements, including, but not waters from surface to bottom, of CAA section 110(a)(2)(D)(i)(I). limited to, regulatory structure, encompassed by an imaginary line Additional background on West monitoring, modeling, legal authority, connecting the following points: Point 1 Virginia’s submittal, infrastructure SIPs, and adequate resources necessary to in position 17°41′48″ N, 064°44′26″ W; and the ozone NAAQS can be found in assure attainment and maintenance of Point 2 in position 17°40′00″ N, the NPRM. the standards. This type of SIP revision 064°43′36″ W; Point 3 in position is commonly referred to as an II. Summary of SIP Revision and EPA 17°39′36″ N, 064°44′48″ W; Point 4 in ‘‘infrastructure’’ SIP and elements Analysis position 17°41′33″ N, 064°45′08″ W; addressed in such a submission are West Virginia’s September 14, 2018 then tracing the shoreline along the referred to as infrastructure water’s edge to the point of origin. infrastructure SIP submittal addressed requirements. West Virginia made a the following infrastructure elements, or These coordinates are based upon North submittal addressing most of the American Datum 1983 (NAD 1983). portions thereof, for the 2015 ozone infrastructure requirements for the 2015 NAAQS: CAA section 110(a)(2)(A), (B), (b) Regulations. (1) Under § 165.33, ozone NAAQS and later supplemented (C), D(i)(II), D(ii), (E), (F), (G), (H), (J), entry into or remaining within the the submittal to address the interstate (K), (L), and (M). The SIP submittal did regulated area in paragraph (a) of this transport elements; EPA is not acting on not address the portion of element (C) section is prohibited unless authorized the interstate transport elements at this which pertains to nonattainment new by the Coast Guard Captain of the Port time. EPA is approving these revisions source review requirements, or element San Juan or vessels have a scheduled in accordance with the requirements of (I) which pertains to the nonattainment arrival at Limetree Bay Terminals, St. the CAA. requirements of part D, title I of the Croix, in accordance with the Notice of DATES: This final rule is effective on CAA, because states are not required to Arrival requirements of 33 CFR part April 16, 2020. address these elements by the 3-year 160, subpart C. ADDRESSES: EPA has established a submission deadline of section (2) Persons desiring to transit the area docket for this action under Docket ID 110(a)(1), and will be addressed in a of the security zone may contact the Number EPA–R03–OAR–2019–0103. All separate process. COTP San Juan or designated documents in the docket are listed on EPA has analyzed the SIP submission representative at telephone number the https://www.regulations.gov and is making a determination that the 787–289–2041 or on VHF–FM Channel website. Although listed in the index, submittal meets the requirements of the 16. If permission is granted, all persons some information is not publicly identified elements. A detailed and vessels must comply with the available, e.g., confidential business summary of EPA’s review and rationale instructions of the COTP or designated information (CBI) or other information for approving West Virginia’s submittal representative. whose disclosure is restricted by statute. may be found in the technical support

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document (TSD) for the NPRM which is enforcement settlements (Air Pollution regulatory structure, monitoring, available online at www.regulations.gov, Control Fund). West Virginia also modeling, legal authority, and adequate docket number EPA–R03–OAR–2019– receives federal funds under CAA resources necessary to assure attainment 0103. Other specific requirements and section 103 (Research, investigation, and maintenance of the new or revised the rationale for EPA’s proposed action training, and other activities) and standard. are explained in the NPRM and will not section 105 (Grants for support of air Comment 3: The third comment be restated here. pollution planning and control suggested that EPA should disapprove programs), 42 U.S.C. 7403 and 7405. West Virginia’s infrastructure SIP III. Response to Comments The State air pollution control programs submission in full, stating, ‘‘[m]uch of EPA received three sets of anonymous also receive state general fund the infrastructure SIP could be used by comments in response to the NPRM. appropriations. Therefore, EPA has the federal government for any Two of the comments were difficult to determined that West Virginia has purpose.’’ The commenter also interpret but did not appear to support provided necessary assurances that it suggested that EPA has not been EPA’s proposed approval. EPA’s best has sufficient funding and personnel to meeting legislative deadlines and that effort to interpret and respond to these meet the requirements of section some members of Congress are not two comments are also below. 110(a)(2)(E) for the 2015 ozone NAAQS. aware of the purpose of infrastructure Comment 1: The first commenter Comment 2: The second comment SIP submissions. disagreed with EPA’s proposed action stated that EPA should disapprove West Response 3: EPA disagrees with the with regard to whether the State has Virginia’s infrastructure SIP submission comment to the extent that it calls for adequate resources. The commenter because ‘‘the committee’s position was disapproving West Virginia’s stated that EPA must review financial supported by the oil and gas industry.’’ infrastructure SIP, because the records and determine whether the State The comment also suggested ‘‘[t]he SIP commenter did not provide any has adequate funding and if the funding could be suspended because of its non- information or basis to support such a is capable of sustaining the number of enforcement.’’ The comment concluded disapproval. Although the commenter employees on the State’s staff. by saying ‘‘[t]he infrastructure SIP alleges EPA missed legislative Response 1: EPA disagrees with the should be disapproved immediately to deadlines, the commenter did not comment. The comment does not stop it being used to bully corporations identify which deadlines EPA missed or provide any specific facts or analysis to and public officials and allow another why those deadlines would be relevant support the concern about insufficient bill to be passed without the new part to this rulemaking. The Administrative resources. An audit of the State’s of the bill being gutted!’’ Procedures Act does not require that financial records is not required in order Response 2: EPA disagrees with the EPA change its decision based on for EPA to determine that a state has comment. The commenter did not ‘‘comments consisting of little more met the requirements of CAA section provide any information beyond its than assertions that in the opinions of 110(a). The CAA section 110(a)(2)(E)(i) assertion in the comment as to why EPA the commenters the agency got it requires that the State provide to EPA should disapprove West Virginia’s wrong,’’ when submitted without ‘‘necessary assurances’’ that it will have infrastructure SIP submission. The supporting data. International Fabricare adequate funding and personnel to comment also failed to identify any part Institute v. E.P.A., 972 F.2d 384 (D.C. implement the relevant NAAQS. In of the West Virginia SIP that the State Cir. 1992). Nothing in the comment calls accordance with CAA section is not enforcing. The Administrative into question EPA’s evaluation of West 110(a)(2)(E), which requires that the Procedures Act does not require that Virginia’s infrastructure SIP for the 2015 State provide necessary assurances that EPA change its decision based on ozone NAAQS for each applicable it has adequate resources and personnel, ‘‘comments consisting of little more requirement in CAA section 110(a)(2), EPA has concluded that the State has than assertions that in the opinions of with the exception of section provided the necessary assurances of the commenters the agency got it 110(a)(2)(D)(i)(I) which EPA is not adequate resources and personnel in wrong,’’ when submitted without acting on at this time, and concludes the accordance with CAA section supporting data. International Fabricare State has met the applicable 110(a)(2)(E), as explained in the TSD Institute v. E.P.A., 972 F.2d 384 (D.C. requirements. included in the docket for this Cir. 1992). EPA’s review of the IV. Final Action rulemaking action. infrastructure SIP submission, as For example, West Virginia described explained in the TSD for this EPA is approving West Virginia’s in its submission that under State rulemaking action, shows that West September 14, 2018 infrastructure statutory authority it ‘‘employs adequate Virginia has provided the necessary submittal as a revision to the West personnel and retains specialists under assurances that the State has the Virginia SIP. EPA is approving the West W.Va. Code section 22–5–4(a)(8) that are unambiguous authority to enforce its Virginia’s September 14, 2018 SIP ‘necessary, incident or convenient’ to SIP and the measures contained therein. revision as meeting the requirements of accomplish its statutory mandate to It is also unclear what the commenter section 110(a)(2) of the CAA to carry out’’ the West Virginia SIP, and was referring to in regard to some party implement, maintain, and enforce the currently maintains a staff of using the infrastructure SIP to ‘‘bully 2015 ozone NAAQS, including approximately 80 full time employees. corporations and public officials.’’ An specifically section 110(a)(2)(A), (B), (C), West Virginia does not anticipate any infrastructure SIP is simply a SIP (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), changes in necessary resources for the submission to establish that the state’s (L), and (M) for this NAAQS. This final five years following this submission. existing EPA approved SIP, or the rulemaking action does not include West Virginia indicates that the State existing SIP as revised in the action on section 110(a)(2)(I) or portions has regulatory legal authority to infrastructure SIP submission, meets the of section 110(a)(2)(C) referring to the establish fees to cover permitting costs applicable requirements to implement, permit program under part D, title I of beyond those already covered by its maintain, and enforce a new or revised the CAA. This rulemaking action also federally approved Title V operating NAAQS. The infrastructure SIP is does not address section permit program under 45CSR22, and required to address basic program 110(a)(2)(D)(i)(I) which pertains to the that it receives revenue from fines and elements, including, but not limited to, interstate transport of emissions

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addressed by West Virginia’s February • Is not an economically significant C. Petitions for Judicial Review 4, 2019 supplemental SIP revision; EPA regulatory action based on health or will act on West Virginia’s safety risks subject to Executive Order Under section 307(b)(1) of the CAA, supplemental SIP revision in a later 13045 (62 FR 19885, April 23, 1997); petitions for judicial review of this separate action. • Is not a significant regulatory action action must be filed in the United States subject to Executive Order 13211 (66 FR Court of Appeals for the appropriate V. Statutory and Executive Order 28355, May 22, 2001); circuit by May 18, 2020. Filing a Reviews • Is not subject to requirements of petition for reconsideration by the Administrator of this final rule does not A. General Requirements Section 12(d) of the National Technology Transfer and Advancement affect the finality of this action for the Under the CAA, the Administrator is Act of 1995 (15 U.S.C. 272 note) because purposes of judicial review nor does it required to approve a SIP submission application of those requirements would extend the time within which a petition that complies with the provisions of the be inconsistent with the CAA; and for judicial review may be filed, and CAA and applicable Federal regulations. • Does not provide EPA with the shall not postpone the effectiveness of 42 U.S.C. 7410(k); 40 CFR 52.02(a). discretionary authority to address, as such rule or action. This action, Thus, in reviewing SIP submissions, appropriate, disproportionate human pertaining to West Virginia’s EPA’s role is to approve state choices, health or environmental effects, using infrastructure requirements for the 2015 provided that they meet the criteria of practicable and legally permissible ozone NAAQS, may not be challenged the CAA. Accordingly, this action methods, under Executive Order 12898 later in proceedings to enforce its merely approves state law as meeting (59 FR 7629, February 16, 1994). requirements. (See section 307(b)(2).) Federal requirements and does not In addition, this rule does not have List of Subjects in 40 CFR Part 52 impose additional requirements beyond tribal implications as specified by those imposed by state law. For that Executive Order 13175 (65 FR 67249, Environmental protection, Air reason, this action: November 9, 2000), because the SIP is pollution control, Incorporation by • Is not a ‘‘significant regulatory not approved to apply in Indian country reference, Nitrogen dioxide, Ozone, action’’ subject to review by the Office located in the state, and EPA notes that Volatile organic compounds. of Management and Budget under it will not impose substantial direct Dated: February 24, 2020. Executive Orders 12866 (58 FR 51735, costs on tribal governments or preempt Cosmo Servidio, October 4, 1993) and 13563 (76 FR 3821, tribal law. January 21, 2011); Regional Administrator, Region III. • Is not an Executive Order 13771 (82 B. Submission to Congress and the 40 CFR part 52 is amended as follows: FR 9339, February 2, 2017) regulatory Comptroller General action because SIP approvals are The Congressional Review Act, 5 PART 52—APPROVAL AND exempted under Executive Order 12866. U.S.C. 801 et seq., as added by the Small PROMULGATION OF • Does not impose an information Business Regulatory Enforcement IMPLEMENTATION PLANS collection burden under the provisions Fairness Act of 1996, generally provides of the Paperwork Reduction Act (44 that before a rule may take effect, the ■ 1. The authority citation for part 52 U.S.C. 3501 et seq.); agency promulgating the rule must continues to read as follows: • Is certified as not having a submit a rule report, which includes a Authority: 42 U.S.C. 7401 et seq. significant economic impact on a copy of the rule, to each House of the substantial number of small entities Congress and to the Comptroller General Subpart XX—West Virginia under the Regulatory Flexibility Act (5 of the United States. EPA will submit a U.S.C. 601 et seq.); report containing this action and other ■ 2. In § 52.2520, amend the table in • Does not contain any unfunded required information to the U.S. Senate, paragraph table (e) by adding an entry mandate or significantly or uniquely the U.S. House of Representatives, and for ‘‘Section 110(a)(2) Infrastructure affect small governments, as described the Comptroller General of the United Requirements for the 2015 ozone in the Unfunded Mandates Reform Act States prior to publication of the rule in NAAQS’’ at the end of the table to read of 1995 (Pub. L. 104–4); the Federal Register. A major rule as follows: • Does not have Federalism cannot take effect until 60 days after it implications as specified in Executive is published in the Federal Register. § 52.2520 Identification of plan. Order 13132 (64 FR 43255, August 10, This action is not a ‘‘major rule’’ as * * * * * 1999); defined by 5 U.S.C. 804(2). (e) * * *

Name of non-regulatory SIP revi- Applicable geo- State submittal sion graphic area date EPA approval date Additional explanation

******* Section 110(a)(2) Infrastructure Re- Statewide ...... 9/14/18 3/17/20, Federal Docket #2019–0103. This action addresses the quirements for the 2015 ozone Register. following CAA elements of section 110(a)(2): NAAQS. A, B, C, D(i)(II), D(ii), E, F, G, H, J, K, L, and M.

[FR Doc. 2020–04856 Filed 3–16–20; 8:45 am] BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION Branch (3AD30), Air & Radiation submittal does not involve greenhouse AGENCY Division, U.S. Environmental Protection gases or CAA section 111(d). The Agency, Region III, 1650 Arch Street, commenter has submitted ‘‘comments 40 CFR Part 52 Philadelphia, Pennsylvania 19103. The consisting of little more than assertions [EPA–R03–OAR–2019–0162; FRL10006–19– telephone number is (215) 814–2043. that in the opinions of the commenters Region 3] Ms. Calcinore can also be reached via the agency got it wrong,’’ without also electronic mail at calcinore.sara@ submitting supporting information for Approval and Promulgation of Air epa.gov. EPA to evaluate. International Fabricare Quality Implementation Plans; Virginia; SUPPLEMENTARY INFORMATION: Institute v. E.P.A., 972 F.2d 384 (D.C. Infrastructure Requirements for the Cir. 1992). Accordingly, EPA has not 2015 Ozone National Ambient Air I. Summary of SIP Revision and EPA Analysis been persuaded by the comment that it Quality Standard should change its decision to approve On December 4, 2019 (84 FR 66361), this SIP submittal. AGENCY: Environmental Protection EPA published a notice of proposed Agency (EPA). rulemaking (NPRM) for the III. Final Action ACTION: Final rule. Commonwealth of Virginia. In the NPRM, EPA proposed approval of EPA finds that Virginia’s January 28, SUMMARY: The Environmental Protection Virginia’s January 28, 2019 submittal 2019 submittal satisfies the following Agency (EPA) is approving a state addressing the following infrastructure infrastructure requirements of CAA implementation plan (SIP) revision elements, or portions thereof, for the section 110(a)(2) for the 2015 ozone formally submitted by the 2015 ozone NAAQS: CAA section NAAQS: CAA section 110(a)(2)(A), (B), Commonwealth of Virginia. Whenever 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), EPA promulgates a new or revised (E), (F), (G), (H), (J), (K), (L), and (M). A (K), (L), and (M). Therefore, EPA is national ambient air quality standard detailed summary of EPA’s review and approving Virginia’s January 28, 2019 (NAAQS or standard), the Clean Air Act rationale for approving Virginia’s submittal addressing the infrastructure (CAA) requires states to make SIP submittal may be found in the Technical requirements for the 2015 ozone submissions to provide for the Support Document (TSD) for EPA’s implementation, maintenance, and NAAQS as a revision to the Virginia December 4, 2019 NPRM and will not be SIP. enforcement of the NAAQS. These restated here.1 infrastructure requirements are designed IV. General Information Pertaining to to ensure that the structural components II. Public Comments and EPA Response SIP Submittals From the of each state’s air quality management EPA received one comment on the Commonwealth of Virginia program are adequate to meet the state’s December 4, 2019 NPRM. The comment responsibilities under the CAA. EPA is is included in the docket for this action, In 1995, Virginia adopted legislation approving Virginia’s submittal available online at www.regulations.gov, that provides, subject to certain addressing the following infrastructure Docket ID: EPA–R03–OAR–2019–0162. conditions, for an environmental elements, or portions thereof, of section Comment: On January 3, 2020, EPA assessment (audit) ‘‘privilege’’ for 110(a)(2) of the CAA for the 2015 ozone received an anonymous comment on the voluntary compliance evaluations NAAQS: CAA section 110(a)(2)(A), (B), December 4, 2019 NPRM. The performed by a regulated entity. The (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), commenter suggests that EPA not legislation further addresses the relative (K), (L), and (M). EPA is approving approve Virginia’s January 28, 2019 burden of proof for parties either Virginia’s submittal as a SIP revision in submittal addressing the infrastructure asserting the privilege or seeking accordance with the requirements of requirements, or portions thereof, for disclosure of documents for which the section 110(a) of the CAA. the 2015 ozone NAAQS. The privilege is claimed. Virginia’s DATES: This final rule is effective on commenter claims that pursuant to a legislation also provides, subject to April 16, 2020. court holding, which the commenter certain conditions, for a penalty waiver ADDRESSES: EPA has established a does not identify, EPA must for violations of environmental laws docket for this action under Docket ID demonstrate that ‘‘it can find the when a regulated entity discovers such necessary source from which to draw its Number EPA–R03–OAR–2019–0162. All violations pursuant to a voluntary authority.’’ The commenter also documents in the docket are listed on compliance evaluation and voluntarily the https://www.regulations.gov references greenhouse gases and CAA section 111(d) as the basis for the discloses such violations to the website. Although listed in the index, Commonwealth and takes prompt and some information is not publicly objection. Response: EPA evaluated Virginia’s appropriate measures to remedy the available, e.g., confidential business violations. Virginia’s Voluntary information (CBI) or other information January 28, 2019 submittal in Environmental Assessment Privilege whose disclosure is restricted by statute. accordance with the statutory Law, Va. Code Sec. 10.1–1198, provides Certain other material, such as requirements of CAA section 110(a)(2), a privilege that protects from disclosure copyrighted material, is not placed on as applicable. As explained in the the internet and will be publicly NPRM and TSD, Virginia’s SIP revision documents and information about the available only in hard copy form. met the applicable requirements of CAA content of those documents that are the Publicly available docket materials are section 110(a)(2) for the following product of a voluntary environmental available through https:// infrastructure elements: CAA section assessment. The Privilege Law does not www.regulations.gov, or please contact 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), extend to documents or information the person identified in the FOR FURTHER (E), (F), (G), (H), (J), (K), (L), and (M). that: (1) Are generated or developed INFORMATION CONTACT section for The evaluation of Virginia’s SIP before the commencement of a additional availability information. voluntary environmental assessment; (2) 1 The TSD for EPA’s December 4, 2019 NPRM is are prepared independently of the FOR FURTHER INFORMATION CONTACT: Sara available online at www.regulations.gov, Docket ID Calcinore, Planning & Implementation Number EPA–R03–OAR–2019–0162. assessment process; (3) demonstrate a

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clear, imminent and substantial danger V. Statutory and Executive Order where EPA or an Indian tribe has to the public health or environment; or Reviews demonstrated that a tribe has (4) are required by law. A. General Requirements jurisdiction. In those areas of Indian On January 12, 1998, the country, the rule does not have tribal Commonwealth of Virginia Office of the Under the CAA, the Administrator is implications and will not impose Attorney General provided a legal required to approve a SIP submission substantial direct costs on tribal opinion that states that the Privilege that complies with the provisions of the governments or preempt tribal law as law, Va. Code Sec. 10.1–1198, precludes CAA and applicable Federal regulations. specified by Executive Order 13175 (65 granting a privilege to documents and 42 U.S.C. 7410(k); 40 CFR 52.02(a). FR 67249, November 9, 2000). information ‘‘required by law,’’ Thus, in reviewing SIP submissions, including documents and information EPA’s role is to approve state choices, B. Submission to Congress and the ‘‘required by Federal law to maintain provided that they meet the criteria of Comptroller General program delegation, authorization or the CAA. Accordingly, this action approval,’’ since Virginia must ‘‘enforce merely approves state law as meeting The Congressional Review Act, 5 Federally authorized environmental Federal requirements and does not U.S.C. 801 et seq., as added by the Small programs in a manner that is no less impose additional requirements beyond Business Regulatory Enforcement stringent than their Federal those imposed by state law. For that Fairness Act of 1996, generally provides counterparts. . . . .’’ The opinion reason, this action: that before a rule may take effect, the concludes that ‘‘[r]egarding § 10.1–1198, • Is not a ‘‘significant regulatory agency promulgating the rule must therefore, documents or other action’’ subject to review by the Office submit a rule report, which includes a information needed for civil or criminal of Management and Budget under copy of the rule, to each House of the enforcement under one of these Executive Orders 12866 (58 FR 51735, Congress and to the Comptroller General programs could not be privileged October 4, 1993) and 13563 (76 FR 3821, of the United States. EPA will submit a because such documents and January 21, 2011); • report containing this action and other information are essential to pursuing Is not an Executive Order 13771 (82 required information to the U.S. Senate, enforcement in a manner required by FR 9339, February 2, 2017) regulatory the U.S. House of Representatives, and Federal law to maintain program action because SIP approvals are the Comptroller General of the United delegation, authorization or approval.’’ exempted under Executive Order 12866. Virginia’s Immunity law, Va. Code • Does not impose an information States prior to publication of the rule in Sec. 10.1–1199, provides that ‘‘[t]o the collection burden under the provisions the Federal Register. A major rule extent consistent with requirements of the Paperwork Reduction Act (44 cannot take effect until 60 days after it imposed by Federal law,’’ any person U.S.C. 3501 et seq.); is published in the Federal Register. making a voluntary disclosure of • Is certified as not having a This action is not a ‘‘major rule’’ as information to a state agency regarding significant economic impact on a defined by 5 U.S.C. 804(2). a violation of an environmental statute, substantial number of small entities C. Petitions for Judicial Review regulation, permit, or administrative under the Regulatory Flexibility Act (5 order is granted immunity from U.S.C. 601 et seq.); Under section 307(b)(1) of the CAA, • administrative or civil penalty. The Does not contain any unfunded petitions for judicial review of this Attorney General’s January 12, 1998 mandate or significantly or uniquely action must be filed in the United States opinion states that the quoted language affect small governments, as described Court of Appeals for the appropriate renders this statute inapplicable to in the Unfunded Mandates Reform Act circuit by May 18, 2020. Filing a enforcement of any federally authorized of 1995 (Pub. L. 104–4); petition for reconsideration by the programs, since ‘‘no immunity could be • Does not have federalism Administrator of this final rule does not afforded from administrative, civil, or implications as specified in Executive affect the finality of this action for the criminal penalties because granting Order 13132 (64 FR 43255, August 10, such immunity would not be consistent 1999); purposes of judicial review nor does it with Federal law, which is one of the • Is not an economically significant extend the time within which a petition criteria for immunity.’’ regulatory action based on health or for judicial review may be filed, and Therefore, EPA has determined that safety risks subject to Executive Order shall not postpone the effectiveness of Virginia’s Privilege and Immunity 13045 (62 FR 19885, April 23, 1997); such rule or action. This action statutes will not preclude the • Is not a significant regulatory action approving Virginia’s submittal Commonwealth from enforcing its subject to Executive Order 13211 (66 FR addressing the infrastructure program consistent with the Federal 28355, May 22, 2001); requirements of CAA section requirements. In any event, because • Is not subject to requirements of 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), EPA has also determined that a state Section 12(d) of the National (E), (F), (G), (H), (J), (K), (L), and (M) for audit privilege and immunity law can Technology Transfer and Advancement the 2015 ozone NAAQS may not be affect only state enforcement and cannot Act of 1995 (15 U.S.C. 272 note) because challenged later in proceedings to have any impact on Federal application of those requirements would enforce its requirements. (See section enforcement authorities, EPA may at be inconsistent with the CAA; and 307(b)(2).) any time invoke its authority under the • Does not provide EPA with the CAA, including, for example, sections discretionary authority to address, as List of Subjects in 40 CFR Part 52 113, 167, 205, 211 or 213, to enforce the appropriate, disproportionate human requirements or prohibitions of the state health or environmental effects, using Environmental protection, Air plan, independently of any state practicable and legally permissible pollution control, Carbon monoxide, enforcement effort. In addition, citizen methods, under Executive Order 12898 Incorporation by reference, enforcement under section 304 of the (59 FR 7629, February 16, 1994). Intergovernmental relations, Nitrogen CAA is likewise unaffected by this, or The SIP is not approved to apply on dioxide, Ozone, Reporting and any, state audit privilege or immunity any Indian reservation land as defined recordkeeping requirements, Volatile law. in 18 U.S.C. 1151 or in any other area organic compounds.

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Dated: February 24, 2020. Authority: 42 U.S.C. 7401 et seq. § 52.2420 Identification of plan. Cosmo Servidio, * * * * * Subpart VV—Virginia Regional Administrator, Region III. (e) * * * 40 CFR part 52 is amended as follows: ■ 2. In § 52.2420, the table in paragraph (1) * * * PART 52—APPROVAL AND (e)(1) is amended by adding an entry for PROMULGATION OF ‘‘Section 110(a)(2) Infrastructure IMPLEMENTATION PLANS Requirements for the 2015 Ozone NAAQS’’ at the end of the table to read ■ 1. The authority citation for part 52 as follows: continues to read as follows:

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

******* Section 110(a)(2) Infrastruc- Statewide ...... 1/28/2019 3/17/2020, [Insert Federal This action addresses the following CAA ele- ture Requirements for the Register citation]. ments: CAA section 110(a)(2)(A), (B), (C), 2015 Ozone NAAQS. (D)(i)(II), D(ii), (E), (F), (G), (H), (J), (K), (L), and (M).

* * * * * ACTION: Temporary rule; opening. Federal Register, November 9, 1993 (58 [FR Doc. 2020–04853 Filed 3–16–20; 8:45 am] FR 59375) and subsequent amendments. BILLING CODE 6560–50–P SUMMARY: NMFS is opening directed This announcement is consistent with fishing for sablefish with fixed gear § 679.23(g)(1), which requires that the managed under the Individual Fishing directed fishing season for sablefish ENVIRONMENTAL PROTECTION Quota (IFQ) Program and the managed under the IFQ Program be AGENCY Community Development Quota (CDQ) specified by the Administrator, Alaska Program. The season will open 1200 Region, and announced by publication 40 CFR Part 52 hours, Alaska local time (A.l.t.), March in the Federal Register. This method of [EPA–R01–OAR–2019–0695; FRL–10005– 14, 2020, and will close 1200 hours, season announcement was selected to 36–Region 1] A.l.t., November 15, 2020. This period facilitate coordination between the is the same as the 2020 commercial sablefish season, chosen by the Air Plan Approval; Massachusetts; halibut fishery opening dates adopted Administrator, Alaska Region, and the Infrastructure State Implementation by the International Pacific Halibut halibut season, adopted by the Plan Requirements for the 2015 Ozone Commission. The IFQ and CDQ halibut International Pacific Halibut Standard season is specified by a separate Commission (IPHC). The directed publication in the Federal Register of Correction fishing season for sablefish with fixed annual management measures. gear managed under the IFQ Program In Rule document 2020–03203, DATES: Effective 1200 hours, A.l.t., will open 1200 hours, A.l.t., March 14, appearing on pages 13748–13755, in the March 14, 2020, until 1200 hours, A.l.t., 2020, and will close 1200 hours, A.l.t., issue of Tuesday, March 10, 2020, make November 15, 2020. November 15, 2020. This period runs the following correction: FOR FURTHER INFORMATION CONTACT: concurrently with the IFQ season for ■ This document was inadvertently Obren Davis, 907–586–7228. Pacific halibut announced by the IPHC. published and is hereby withdrawn. The IFQ and CDQ halibut season will be SUPPLEMENTARY INFORMATION: Beginning [FR Doc. C1–2020–03203 Filed 3–16–20; 8:45 am] specified by a separate publication in in 1995, fishing for Pacific halibut and BILLING CODE 1301–00–D the Federal Register of annual sablefish with fixed gear in the IFQ management measures pursuant to 50 regulatory areas defined in 50 CFR 679.2 CFR 300.62. has been managed under the IFQ DEPARTMENT OF COMMERCE Program. The IFQ Program is a Classification National Oceanic and Atmospheric regulatory regime designed to promote This action responds to the best Administration the conservation and management of available information recently obtained these fisheries and to further the from the fishery. The Assistant 50 CFR Part 679 objectives of the Magnuson-Stevens Administrator for Fisheries, NOAA, Fishery Conservation and Management (AA), finds good cause to waive the [Docket No. 200227–0066 and 200221–0062; Act and the Northern Pacific Halibut requirement to provide prior notice and RTID 0648–XY076] Act. Persons holding quota share receive opportunity for public comment an annual allocation of IFQ. Persons Fisheries of the Exclusive Economic pursuant to the authority set forth at 5 Zone off Alaska; Sablefish Managed receiving an annual allocation of IFQ U.S.C. 553(b)(B) as such requirement is Under the Individual Fishing Quota are authorized to harvest IFQ species impracticable and contrary to the public Program within specified limitations. Further interest. This requirement is information on the implementation of impracticable and contrary to the public AGENCY: National Marine Fisheries the IFQ Program, and the rationale interest as it would prevent NMFS from Service (NMFS), National Oceanic and supporting it, are contained in the responding to the most recent fisheries Atmospheric Administration (NOAA), preamble to the final rule implementing data in a timely fashion and would Commerce. the IFQ Program published in the delay the opening of the sablefish

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fishery thereby increasing bycatch and The AA also finds good cause to Authority: 16 U.S.C. 1801 et seq. regulatory discards between the waive the 30-day delay in the effective Dated: March 12, 2020. sablefish fishery and the halibut fishery, date of this action under 5 U.S.C. Karyl K. Brewster-Geisz, and preventing the accomplishment of 553(d)(3). This finding is based upon the management objective for Acting Director, Office of Sustainable the reasons provided above for waiver of Fisheries, National Marine Fisheries Service. simultaneous opening of these two prior notice and opportunity for public [FR Doc. 2020–05446 Filed 3–12–20; 4:15 pm] fisheries. NMFS was unable to publish comment. a notification providing time for public BILLING CODE 3510–22–P comment because the most recent, This action is required by § 679.23 relevant data only became available as and is exempt from review under of March 11, 2020. Executive Order 12866.

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Proposed Rules Federal Register Vol. 85, No. 52

Tuesday, March 17, 2020

This section of the FEDERAL REGISTER may be viewed at http:// Agriculture (the Secretary) must contains notices to the public of the proposed www.regulations.gov/#!docket establish by regulation a list of each issuance of rules and regulations. The Detail;D=APHIS-2019-0018 or in our biological agent and each toxin that the purpose of these notices is to give interested reading room, which is located in room Secretary determines has the potential persons an opportunity to participate in the 1141 of the USDA South Building, 14th to pose a severe threat to animal or plant rule making prior to the adoption of the final rules. Street and Independence Avenue SW, health, or to animal or plant products. Washington, DC. Normal reading Room In determining whether to include an hours are 8 a.m. to 4:30 p.m., Monday agent or toxin in the list, the Act DEPARTMENT OF AGRICULTURE through Friday, except holidays. To be requires that the following criteria be sure someone is there to help you, considered: Animal and Plant Health Inspection please call (202) 799–7039 before • The effect of exposure to the agent Service coming. or toxin on animal or plant health, and FOR FURTHER INFORMATION CONTACT: Mrs. on the production and marketability of 7 CFR Part 331 animal or plant products; Sally Rejas, Program Analyst, • Agriculture Select Agent Services, The pathogenicity of the agent or 9 CFR Part 121 Strategy & Policy, VS, APHIS, 4700 the toxicity of the toxin and the methods by which the agent or toxin is [Docket No. APHIS–2019–0018] River Road, Riverdale, MD 20716; (301) 851–3384. transferred to animals or plants; RIN 0579–AE52 • The availability and effectiveness of SUPPLEMENTARY INFORMATION: pharmacotherapies and prophylaxis to Agricultural Bioterrorism Protection Background treat and prevent any illness caused by Act of 2002; Biennial Review and The Public Health Security and the agent or toxin; Republication of the Select Agent and • Whether such inclusion would have Toxin List Bioterrorism Preparedness and Response Act of 2002 provides for the a substantial negative impact on the AGENCY: Animal and Plant Health regulation of certain biological agents research and development of solutions Inspection Service, USDA. and toxins that have the potential to for the animal and plant disease caused by the agent or toxin and whether the ACTION: Advance notice of proposed pose a severe threat to human, animal, rulemaking and request for comments. and plant health, or to animal and plant negative impact would substantially products. The Animal and Plant Health outweigh the risk posed by the agent or SUMMARY: In accordance with the Inspection Service (APHIS) has the toxin to animal or plant health if it is Agricultural Bioterrorism Protection Act primary responsibility for implementing not included on the list (added by the of 2002, we are soliciting public 2018 Farm Bill); and the provisions of the Act within the U.S. • comment regarding the list of select Department of Agriculture (USDA). Any other criteria that the Secretary agents and toxins that have the potential Veterinary Services (VS) select agents considers appropriate to protect animal to pose a severe threat to animal or plant and toxins, listed in 9 CFR 121.3, are or plant health, or animal or plant health, or to animal or plant products. those that have been determined to have products. The Act requires the biennial review the potential to pose a severe threat to Paragraph (a)(2) of section 212 of the and republication of the list of select animal health or animal products. Plant Act requires the Secretary to review and agents and toxins and the revision of the Protection and Quarantine (PPQ) select republish the list of select agents and list as necessary. Accordingly, we are agents and toxins, listed in 7 CFR 331.3, toxins every 2 years and to revise the soliciting public comment on the are those that have been determined to list as necessary. To fulfill this statutory current list of select agents and toxins have the potential to pose a severe mandate, PPQ and VS each convene in our regulations and suggestions threat to plant health or plant products. separate interagency working groups in regarding any addition or reduction of Overlap select agents and toxins, listed order to review the lists of PPQ and VS the animal or plant pathogens currently in 9 CFR 121.4, are those that have been select agents and toxins, as well as any on the list of select agents. determined to pose a severe threat to overlap select agents and toxins, and DATES: We will consider all comments public health and safety, to animal develop recommendations regarding that we receive on or before May 18, health, or to animal products. Overlap possible changes to the list using the 2020. select agents are subject to regulation by five criteria for listing found in the Act. both APHIS and the Centers for Disease In this document, we are asking for ADDRESSES: You may submit comments 1 Control and Prevention (CDC), which comments on the current list of select by either of the following methods: agents and toxins and on any other • Federal eRulemaking Portal: Go to has the primary responsibility for significant pathogens so as to inform the http://www.regulations.gov/#!docket implementing the provisions of the Act working groups as they begin the Detail;D=APHIS-2019-0018. for the Department of Health and • Postal Mail/Commercial Delivery: Human Services. biennial review process. Send your comment to Docket No. Title II, Subtitle B of the Public Health As detailed below, we are considering APHIS–2019–0018, Regulatory Analysis Security and Bioterrorism Preparedness removing one PPQ select agent, one VS and Development, PPD, APHIS, Station and Response Act of 2002 (which is select agent, and four overlap select 3A–03.8, 4700 River Road Unit 118, cited as the ‘‘Agricultural Bioterrorism 1 You may view the lists of select agents and Riverdale, MD 20737–1238. Protection Act of 2002’’ and referred to toxins on the internet at http:// Supporting documents and any below as the Act), section 212(a), www.regulations.gov/#!docketDetail;D=APHIS- comments we receive on this docket provides, in part, that the Secretary of 2019-0018.

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agents. CDC is publishing a notice and toxins in 7 CFR 331.3, 9 CFR 121.3, 11.43 and 11.45, by any of the following concurrently which also lists the and 9 CFR 121.4 or proposing changes methods: overlap agents under consideration. to one or more of the lists. • Federal eRulemaking Portal: Go to Proposed select agent removals are as This action has been determined to be https://www.regulations.gov. Follow the follows: significant for the purposes of Executive instructions for submitting comments. Order 12866 and, therefore, has been • Fax: 202–493–2251. PPQ Select Agents • • reviewed by the Office of Management Mail: U.S. Department of Peronosclerospora philippinensis and Budget. Transportation, Docket Operations, M– (Peronosclerospora sacchari): This agent 30, West Building Ground Floor, Room is only able to survive and reproduce in Authority: 7 U.S.C. 8401; 7 CFR 2.22, 2.80, 371.3, and 371.4. W12 140, 1200 New Jersey Avenue SE, the host plant and requires specific Washington, DC 20590. environmental conditions to become Done in Washington, DC, this 25th day of • February 2020. Hand Delivery: Deliver to Mail infectious, for which mitigations exist. address above between 9 a.m. and 5 Greg Ibach, VS Select Agents p.m., Monday through Friday, except • African horse sickness virus: This Under Secretary for Marketing and Regulatory Federal holidays. Programs. virus is difficult to successfully For Austro Engine GmbH service disseminate and effectively transmit. An [FR Doc. 2020–05499 Filed 3–16–20; 8:45 am] information identified in this NPRM, effective vaccine exists. BILLING CODE 3410–34–P contact Austro Engine GmbH, Rudolf- Overlap Select Agents Diesel-Strasse 11, A–2700 Weiner • Bacillus anthracis (Pasteur strain): Neustadt, Austria; phone: +43 2622 DEPARTMENT OF TRANSPORTATION This agent presents little economic or 23000; fax: +43 2622 23000–2711; website: www.austroengine.at. For animal health risk due to low mortality Federal Aviation Administration rates, low virulence, and minimal risk of Diamond Aircraft Industries service information identified in this NPRM, farm-to-farm transmission due to 14 CFR Part 39 modern production practices (e.g., contact Diamond Aircraft Industries, N. physical separation of groups of animals [Docket No. FAA–2020–0136; Project A., Otto-Strabe 5, A–2700 Wiener on farms and robust quarantine Identifier MCAI–2019–00114–E] Neustadt, A2700, Austria; phone: +43 2622 26700; fax: +43 2622 26780; protocols in the face of any infection). RIN 2120–AA64 • Brucella abortus: This agent website: www.diamondaircraft.com. presents little economic or animal Airworthiness Directives; Austro You may view this service information health risk as it is unlikely to result in Engine GmbH Engines at the FAA, Engine and Propeller large-scale population introduction due Standards Branch, 1200 District to the high concentration of the agent AGENCY: Federal Aviation Avenue, Burlington, MA, 01803. For necessary to produce disease as well as Administration (FAA), DOT. information on the availability of this modern cattle production processes that ACTION: Notice of proposed rulemaking material at the FAA, call 781–238–7759. limit animal-to-animal transmission (NPRM). Examining the AD Docket routes. There is an efficacious vaccine, SUMMARY: The FAA proposes to moderate immunity status within You may examine the AD docket on supersede Airworthiness Directive (AD) vulnerable populations, limited farm-to- the internet at https:// 2018–18–02, which applies to certain farm transmission risk, and effective www.regulations.gov by searching for Austro Engine GmbH model E4 engines quarantine procedures. and locating Docket No. FAA–2020– • Brucella melitensis: This agent, and to all Austro Engine E4P engines. 0136; or in person at Docket Operations which primarily affects goats and sheep, AD 2018–18–02 requires replacement of between 9 a.m. and 5 p.m., Monday is of lesser concern because the low the timing chain and amending certain through Friday, except Federal holidays. farm-to-farm transmission risk due to airplane flight manuals (AFMs) to limit The AD docket contains this NPRM, the modern production practices limits the the use of windmill restarts only as an mandatory continuing airworthiness chance of introduction on a scale large emergency procedure. Since the FAA information (MCAI), any comments enough to impact domestic production. issued AD 2018–18–02, Austro Engine received, and other information. The • Brucella suis: This agent presents a GmbH revised the applicable street address for Docket Operations is low to moderate animal health risk due Airworthiness Limitation Section (ALS) listed above. Comments will be to limited farm-to-farm transmission including the limitation required by AD available in the AD docket shortly after risk as a result of modern production 2018–18–02 for the timing chain receipt. practices which reduce the risk of a subjected to a windmill restart. This FOR FURTHER INFORMATION CONTACT: large-scale introduction. proposed AD would require amendment Mehdi Lamnyi, Aerospace Engineer, • Venezuelan equine encephalitis of certain existing AFMs to limit the use ECO Branch, FAA, 1200 District virus: An effective vaccine exists for this of windmill restarts and remove the Avenue, Burlington, MA, 01803; phone: agent, which contributes to a high level timing chain replacement requirement 781–238–7743; fax: 781–238–7199; of immunity within vulnerable that exists in AD 2018–18–02. The email: [email protected]. timing chain replacement requirement populations. Furthermore, large-scale SUPPLEMENTARY INFORMATION: production and efficient dissemination in accordance with new life limits would be difficult due to the virus’ defined in the revised ALS will be Comments Invited limited ability to persist in the proposed in a new and separate AD. The The FAA invites you to send any environment outside of an infected FAA is proposing this AD to address the written relevant data, views, or animal or mosquito host. unsafe condition on these products. arguments about this proposed AD. At the conclusion of the comment DATES: The FAA must receive comments Send your comments to an address review process, we will publish another on this proposed AD by May 1, 2020. listed under the ADDRESSES section. document in the Federal Register either ADDRESSES: You may send comments, Include ‘‘Docket No. FAA–2020–0136; republishing the lists of select agents using the procedures found in 14 CFR Project Identifier MCAI–2019–00114–E’’

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at the beginning of your comments. The replacement of the timing chain and amendment requirements and removes FAA specifically invites comments on amending certain AFMs to limit the use the timing chain replacement the overall regulatory, economic, of windmill restarts. AD 2018–18–02 requirement. The timing chain environmental, and energy aspects of resulted from reports of considerable replacement requirement in accordance this NPRM. The FAA will consider all wear of the timing chain on these with new life limits defined in the comments received by the closing date engines. The FAA issued AD 2018–18– revised ALS will be mandated by a and may amend this NPRM because of 02 to prevent failure of the engine proposed new and separate AD. those comments. timing chain. You may obtain further information Except for Confidential Business by examining the MCAI in the AD Actions Since AD 2018–18–02 Was Information as described in the docket on the internet at https:// Issued following paragraph, and other www.regulations.gov by searching for information as described in 14 CFR Since the FAA issued AD 2018–18– and locating Docket No. FAA–2020– 11.35, the FAA will post all comments 02, the European Union Aviation Safety 0136. received, without change, to https:// Agency (EASA), which is the Technical www.regulations.gov, including any Agent for the Member States of the Related Service Information Under 1 personal information you provide. The European Community, has issued EASA CFR Part 51 FAA will also post a report AD 2017–0103R1, dated February 25, The FAA reviewed Diamond Aircraft summarizing each substantive verbal 2019 (referred to after this as ‘‘the (DA) Temporary Revision (TR) TR– contact received about this NPRM. MCAI’’), to address the unsafe condition MA¨ M–42–973, dated August 12, 2016, on these products. The MCAI states: for the Diamond Aircraft Industries Confidential Business Information Considerable wear of the timing chain has (DAI) model DA 42 NG Airplane Flight Confidential Business Information been detected on some engines. This may Manual (AFM) and DA TR TR–MA¨ M– (CBI) is commercial or financial have been caused by windmilling restarts, 62–240, dated August 12, 2016, for the information that is both customarily and which are known to cause high stress to the DAI model DA 62 NG AFM. These TRs actually treated as private by its owner. timing chain. This condition, if not detected define the removal of the normal Under the Freedom of Information Act and corrected, could lead to failure of the operation procedure for windmilling (FOIA) (5 U.S.C. 552), CBI is exempt timing chain and consequent engine power restart for the respective airplanes. This from public disclosure. If your loss, possibly resulting in reduced control of the aeroplane. service information is reasonably comments responsive to this NPRM To address this potential unsafe condition, available because the interested parties contain commercial or financial AE included instructions in the engine have access to it through their normal information that is customarily treated maintenance manual to periodically inspect course of business or by the means as private, that you actually treat as the condition of the timing chain and, identified in the ADDRESSES section. private, and that is relevant or depending on findings, to replace the timing responsive to this NPRM, it is important chain and the chain wheel. The operation FAA’s Determination that you clearly designate the submitted manual was updated to allow windmilling The FAA is proposing this AD comments as CBI. Please mark each restart only as an emergency procedure. AE because it evaluated all the relevant page of your submission containing CBI also published Mandatory Service Bulletin (MSB) MSB–E4–017/2, providing information and determined the unsafe as ‘‘PROPIN.’’ The FAA will treat such instructions to replace the timing chain for condition described previously is likely marked submissions as confidential engines with known windmilling restarts, to exist or develop in other products of under the FOIA, and they will not be and EASA issued AD 2017–0103, requiring the same type design. placed in the public docket of this replacement of the timing chain for engines Proposed AD Requirements NPRM. Submissions containing CBI with known windmilling restarts, and should be sent to Mehdi Lamnyi, amendment of the applicable Aircraft Flight This proposed AD would retain Aerospace Engineer, ECO Branch, FAA, Manual (AFM). Since that [EASA] AD was certain requirements of AD 2018–18–02. 1200 District Avenue, Burlington, MA, issued, AE revised the applicable This proposed AD would retain the 01803. Any commentary that the FAA Airworthiness Limitation Section (ALS) requirement for amending certain AFMs including, among others, the limitation receives which is not specifically required by that AD. Consequently, EASA to limit the use of windmill restarts to designated as CBI will be placed in the published AD 2019–0041, requiring emergency procedures and would public docket for this rulemaking. accomplishment of the actions specified in remove the requirement for replacing the timing chain. Discussion the ALS. For the reason described above, this The FAA issued AD 2018–18–02, [EASA] AD is revised accordingly, removing Costs of Compliance Amendment 39–19381 (83 FR 53802, the requirement of timing chain replacement. The FAA estimates that this proposed October 25, 2018), (‘‘AD 2018–18–02’’), This action remain required through EASA AD affects 211 engines installed on for certain Austro Engine GmbH model AD 2019–0041. airplanes of U.S. registry. E4 engines and for all Austro Engine This proposed AD, which supersedes The FAA estimates the following E4P engines. AD 2018–18–02 requires AD 2018–18–02, retains the AFM costs to comply with this proposed AD:

ESTIMATED COSTS

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

Amend AFM ...... 1 work-hour × $85 per hour = $85 ...... $0 $85 $17,935

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Authority for This Rulemaking (1) Is not a ‘‘significant regulatory (a) Comments Due Date Title 49 of the United States Code action’’ under Executive Order 12866, The FAA must receive comments by May specifies the FAA’s authority to issue (2) Will not affect intrastate aviation 1, 2020. rules on aviation safety. Subtitle I, in Alaska, and (b) Affected ADs section 106, describes the authority of (3) Will not have a significant This AD replaces AD 2018–18–02, the FAA Administrator. Subtitle VII: economic impact, positive or negative, Amendment 39–19381 (83 FR 53802, October Aviation Programs, describes in more on a substantial number of small entities 25, 2018). detail the scope of the Agency’s under the criteria of the Regulatory (c) Applicability authority. Flexibility Act. The FAA is issuing this rulemaking This AD applies to Austro Engine GmbH List of Subjects in 14 CFR Part 39 model E4 engines with serial numbers that under the authority described in have a ‘‘-B’’ or ‘‘-C’’ configuration and to Subtitle VII, Part A, Subpart III, Section Air transportation, Aircraft, Aviation model E4P engines, all serial numbers. 44701: ‘‘General requirements.’’ Under safety, Incorporation by reference, (d) Subject that section, Congress charges the FAA Safety. with promoting safe flight of civil Joint Aircraft System Component (JASC) aircraft in air commerce by prescribing The Proposed Amendment Code 8520, Reciprocating Engine Power regulations for practices, methods, and Section. Accordingly, under the authority procedures the Administrator finds (e) Unsafe Condition delegated to me by the Administrator, necessary for safety in air commerce. the FAA proposes to amend 14 CFR part This AD was prompted by reports of This regulation is within the scope of 39 as follows: considerable wear of the timing chain on the that authority because it addresses an affected engines. The FAA is issuing this AD unsafe condition that is likely to exist or PART 39—AIRWORTHINESS to prevent failure of the engine timing chain. develop on products identified in this DIRECTIVES The unsafe condition, if not addressed, could rulemaking action. result in failure of the engine timing chain, loss of engine thrust control, and reduced Regulatory Findings ■ 1. The authority citation for part 39 control of the airplane. continues to read as follows: The FAA determined that this (f) Compliance Authority: 49 U.S.C. 106(g), 40113, 44701. proposed AD would not have federalism Comply with this AD within the implications under Executive Order § 39.13 [Amended] compliance times specified, unless already 13132. This proposed AD would not done. ■ 2. The FAA amends § 39.13 by have a substantial direct effect on the (g) Required Actions States, on the relationship between the removing airworthiness directive (AD) national Government and the States, or 2018–18–02, Amendment 39–19381 (83 (1) Within 30 days after the effective date FR 53802, October 25, 2018), and of this AD, under the Emergency Procedures on the distribution of power and chapter, amend the applicable airplane flight responsibilities among the various adding the following new AD: manual (AFM) by adding the information in levels of government. Austro Engine GmbH: Docket No. FAA– Figure 1 to paragraph (g)(1) of this AD to For the reasons discussed above, I 2020–0136; Project Identifier MCAI– limit the use of a windmilling restart to only certify this proposed regulation: 2019–00114–E. an emergency procedure.

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(2) For affected Austro Engine GmbH (2) Before using any approved AMOC, at the FAA, Engine and Propeller Standards model E4 engines installed on Diamond notify your appropriate principal inspector, Branch, 1200 District Avenue, Burlington, Aircraft Industries (DAI) model Diamond or lacking a principal inspector, the manager MA 01803. For information on the Aircraft (DA) 42 NG and DA 42 M–NG of the local flight standards district office/ availability of this material at the FAA, call airplanes, and for Austro Engine GmbH certificate holding district office. 781–238–7759. model E4P engines installed on DAI model (j) Related Information Issued on March 10, 2020. DA 62 airplanes, using AFM Temporary Revision (TR) TR–MA¨ M–42–973, and AFM (1) For more information about this AD, Lance T. Gant, TR TR–MA¨ M–62–240, both dated August 12, contact Mehdi Lamnyi, Aerospace Engineer, Director, Compliance & Airworthiness 2016, updating the applicable AFM is an ECO Branch, FAA, 1200 District Avenue, Division, Aircraft Certification Service. acceptable method to comply with paragraph Burlington, MA 01803; phone: 781–238– [FR Doc. 2020–05290 Filed 3–16–20; 8:45 am] (g)(1) of this AD. 7743; fax: 781–238–7199; email: BILLING CODE 4910–13–P [email protected]. (h) Credit for Previous Actions (2) Refer to European Union Aviation You may take credit for actions required by Safety Agency (EASA) AD 2017–0103R1, paragraph (g) of this AD if you amended the dated February 25, 2019, for more DEPARTMENT OF HOMELAND AFM for the affected engine before the information. You may examine the EASA AD SECURITY effective date of this AD in accordance with in the AD docket on the internet at https:// AD 2018–18–02. www.regulations.gov by searching for and Coast Guard locating it in Docket No. FAA–2020–0136. (i) Alternative Methods of Compliance (3) For Austro Engine GmbH service 33 CFR Part 165 (AMOCs) information identified in this AD, contact (1) The Manager, ECO Branch, FAA, has Austro Engine GmbH, Rudolf-Diesel-Strasse [Docket Number USCG–2019–0317] the authority to approve AMOCs for this AD, 11, A–2700 Weiner Neustadt, Austria; phone: if requested using the procedures found in 14 +43 2622 23000; fax: +43 2622 23000–2711; RIN 1625–AA00 CFR 39.19. In accordance with 14 CFR 39.19, website: www.austroengine.at. For Diamond send your request to your principal inspector Aircraft Industries service information Safety Zones; Northern California and or local Flight Standards District Office, as identified in this AD, contact Diamond Lake Tahoe Area Annual Fireworks appropriate. If sending information directly Aircraft Industries, N. A., Otto-Strabe 5, A– Events, San Francisco, CA to the manager of the ECO Branch, send it to 2700 Wiener Neustadt, A2700, Austria; the attention of the person identified in phone: +43 2622 26700; fax: +43 2622 26780; AGENCY: Coast Guard, DHS. paragraph (j)(1) of this AD. You may email website: www.diamondaircraft.com. You ACTION: Notice of proposed rulemaking. your request to: ANE–AD–[email protected]. may view this referenced service information

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SUMMARY: The Coast Guard is proposing scheduled events. The Coast Guard is 165.1191. The three new fireworks to amend and establish several proposing this rulemaking under events would be listed in Table 1 of this permanent safety zones in the Captain authority in 46 U.S.C. 70034. section as item 31, ‘‘Fourth of July of the Port San Francisco zone. This III. Discussion of Proposed Rule Fireworks, City of Benicia,’’ item 32, action is necessary to provide for the ‘‘Fourth of July Fireworks, City of safety of life on the navigable waters of The COTP is proposing to amend Vallejo,’’ and item 33 ‘‘Berkeley Winter the San Francisco Bay, Carquinez Strait, Table 1 to § 165.1191. Eight fireworks on the Waterfront Fireworks.’’ All three Mare Island Strait, Sacramento River, displays will be amended, and three of these fireworks displays occurred in Lake Tahoe, and Monterrey Bay during fireworks displays will be added. The fireworks events we propose to previous years 2017, 2018, and 2019. annual fireworks displays. This Both the Benicia, CA fireworks and the proposed rulemaking would prohibit amend are listed numerically in Table 1 of this section as item 7, ‘‘San Francisco City of Vallejo, CA fireworks will occur persons and vessels from entering the annually on the Fourth of July. The safety zones unless authorized by the Independence Day Fireworks,’’ item 8, ‘‘Fourth of July Fireworks, Berkeley Berkley, CA fireworks displays will Captain of the Port San Francisco or a occur annually on the second Saturday designated representative. We invite Marina,’’ item 9, ‘‘Fourth of July Fireworks, City of Richmond,’’ item 19, or Sunday in December. The Coast your comments on this proposed Guard believes it is beneficial to include rulemaking. ‘‘Red, White, and Tahoe Blue Fireworks, Incline Village, NV,’’ item 22, ‘‘Monte these additional fireworks displays in DATES: Comments and related material Foundation Fireworks,’’ item 24, ‘‘San the list of reoccurring permanent must be received by the Coast Guard on Francisco New Years Eve Fireworks,’’ regulations to increase public awareness or before May 18, 2020. item 25, ‘‘Sacramento New Years Eve of when safety zones would be enforced ADDRESSES: You may submit comments Fireworks,’’ and item 27, ‘‘Feast of in these marine areas. The regulatory identified by docket number USCG– Lanterns Fireworks.’’ text we are proposing appears at the end 2019–0317 using the Federal The display locations for items 7, 8, of this document. eRulemaking Portal at https:// 9, 25, and 27 no longer accurately reflect www.regulations.gov. See the ‘‘Public the display locations for the events, so IV. Regulatory Analyses Participation and Request for this rule proposes to insert updated We developed this proposed rule after Comments’’ portion of the location descriptions into the table. considering numerous statutes and SUPPLEMENTARY INFORMATION section for The name of item 19 has changed Executive orders related to rulemaking. from ‘‘Red, White, and Tahoe Blue further instructions on submitting Below we summarize our analyses Fireworks, Incline Village, NV’’ to comments. based on a number of these statutes and ‘‘Incline Village Independence Day FOR FURTHER INFORMATION CONTACT: If Executive orders and we discuss First Fireworks’’ and would be updated in you have questions about this proposed Amendment rights of protestors. rulemaking, call or email Lieutenant the table to reflect the name change. The display dates listed in items 22, Jennae Cotton, Waterways Management, A. Regulatory Planning and Review 24, and 27 do not accurately reflect the U.S. Coast Guard; telephone 415–399– display dates for the fireworks displays, Executive Orders 12866 and 13563 3585, email [email protected]. so this rule proposes to update them as direct agencies to assess the costs and SUPPLEMENTARY INFORMATION: follows. Item 22, ‘‘Monte Foundation benefits of available regulatory I. Table of Abbreviations Fireworks’’ currently states the date as alternatives and, if regulation is the second Saturday in October, but the necessary, to select regulatory CFR Code of Federal Regulations COTP Captain of the Port San Francisco fireworks have occurred on the second approaches that maximize net benefits. DHS Department of Homeland Security Saturday or Sunday in October. Item 24, Executive Order 13771 directs agencies NPRM Notice of proposed rulemaking ‘‘San Francisco New Years Eve to control regulatory costs through a § Section Fireworks’’ currently states it occurs on budgeting process. This NPRM has not U.S.C. United States Code New Years Eve, but the event has lasted been designated a ‘‘significant into the early hours of New Year’s Day, II. Background, Purpose, and Legal regulatory action,’’ under Executive so we propose adding January 1st as a Basis Order 12866. Accordingly, the NPRM display date as well to be more accurate. has not been reviewed by the Office of Fireworks displays in 33 CFR part Item 27, ‘‘Feast of Lanterns Fireworks’’ Management and Budget (OMB), and 165.1191 are held annually on the currently states it occurs on the last pursuant to OMB guidance it is exempt navigable waters within the Captain of Saturday of July, but due to the variance from the requirements of Executive the Port San Francisco (COTP) zone. in the event dates, we are amending the Order 13771. After conducting a review of the dates to say a Saturday or Sunday in This regulatory action determination fireworks displays listed in 33 CFR part July. As stated in § 165.1191(a), the 165.1191, the specifications for eight of Coast Guard will provide exact dates, is based on the limited duration and the events listed in the table no longer times, and other details concerning the narrowly tailored geographic areas of accurately reflect the actual event fireworks listed in table 1 to § 165.1191 the safety zones. Although this rule parameters, and three annual fireworks in the Local Notice to Mariners at least restricts access to the waters displays are not listed in the table. The 20 days prior to the event. encompassed by the safety zones, the COTP has determined that potential The Regulated Area description for effect of this rule will not be significant hazards associated with the fireworks item 22, ‘‘Monte Foundation because the local waterway users will be used in these displays would be a safety Fireworks’’, would be revised to clarify notified via public Notice to Mariners to concern for anyone within the safety the safety zone will be in the navigable ensure the safety zones will result in zones during the fireworks displays. waters around and under the Capitola minimum impact. The entities most The purpose of this rulemaking is to Pier. likely to be affected are waterfront ensure safety on the navigable waters This rule proposes to add three safety facilities, commercial vessels, and within the safety zones for the fireworks zones covering three reoccurring pleasure craft engaged in recreational displays before, during, and after the fireworks events to Table 1 in 33 CFR activities.

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B. Impact on Small Entities relationship between the national to the discovery of a significant The Regulatory Flexibility Act of government and the States, or on the environmental impact from this 1980, 5 U.S.C. 601–612, as amended, distribution of power and proposed rule. responsibilities among the various requires Federal agencies to consider G. Protest Activities the potential impact of regulations on levels of government. We have analyzed this proposed rule under that Order and small entities during rulemaking. The The Coast Guard respects the First have determined that it is consistent term ‘‘small entities’’ comprises small Amendment rights of protesters. with the fundamental federalism businesses, not-for-profit organizations Protesters are asked to contact the principles and preemption requirements that are independently owned and person listed in the FOR FURTHER described in Executive Order 13132. operated and are not dominant in their Also, this proposed rule does not have INFORMATION CONTACT section to fields, and governmental jurisdictions tribal implications under Executive coordinate protest activities so that your with populations of less than 50,000. Order 13175 (Consultation and message can be received without The Coast Guard certifies under 5 U.S.C. Coordination with Indian Tribal jeopardizing the safety or security of 605(b) that this proposed rule would not Governments) because it would not people, places, or vessels. have a significant economic impact on have a substantial direct effect on one or a substantial number of small entities. V. Public Participation and Request for more Indian tribes, on the relationship Comments While some owners or operators of between the Federal Government and vessels intending to transit the safety Indian tribes, or on the distribution of We view public participation as zones may be small entities, for the power and responsibilities between the essential to effective rulemaking, and reasons stated in section IV.A above, Federal Government and Indian tribes. will consider all comments and material this proposed rule would not have a If you believe this proposed rule has received during the comment period. significant economic impact on any implications for federalism or Indian Your comment can help shape the vessel owner or operator for the tribes, please call or email the person outcome of this rulemaking. If you following reasons: (i) This rule will listed in the FOR FURTHER INFORMATION submit a comment, please include the encompass only a small portion of each CONTACT section. affected waterway for a limited period docket number for this rulemaking, of time for each fireworks event, and (ii) E. Unfunded Mandates Reform Act indicate the specific section of this document to which each comment the maritime public will be advised in The Unfunded Mandates Reform Act applies, and provide a reason for each advance of these safety zones via Notice of 1995 (2 U.S.C. 1531–1538) requires to Mariners. Federal agencies to assess the effects of suggestion or recommendation. If you think that your business, their discretionary regulatory actions. In We encourage you to submit organization, or governmental particular, the Act addresses actions comments through the Federal jurisdiction qualifies as a small entity that may result in the expenditure by a eRulemaking Portal at https:// and that this rule would have a State, local, or tribal government, in the www.regulations.gov. If your material significant economic impact on it, aggregate, or by the private sector of cannot be submitted using https:// please submit a comment (see $100,000,000 (adjusted for inflation) or www.regulations.gov, contact the person ADDRESSES) explaining why you think it more in any one year. Though this in the FOR FURTHER INFORMATION qualifies and how and to what degree proposed rule would not result in such CONTACT section of this document for this rule would economically affect it. an expenditure, we do discuss the alternate instructions. Under section 213(a) of the Small effects of this rule elsewhere in this We accept anonymous comments. All Business Regulatory Enforcement preamble. comments received will be posted Fairness Act of 1996 (Pub. L. 104–121), F. Environment without change to https:// we want to assist small entities in www.regulations.gov and will include understanding this proposed rule. If the We have analyzed this proposed rule any personal information you have rule would affect your small business, under Department of Homeland provided. For more about privacy and organization, or governmental Security Directive 023–01, Rev. 1, the docket, visit https:// jurisdiction and you have questions associated implementing instructions, www.regulations.gov/privacyNotice. concerning its provisions or options for and Environmental Planning compliance, please contact the person COMDTINST 5090.1 (series), which Documents mentioned in this NPRM listed in the FOR FURTHER INFORMATION guide the Coast Guard in complying as being available in the docket, and all CONTACT section. The Coast Guard will with the National Environmental Policy public comments, will be in our online not retaliate against small entities that Act of 1969 (42 U.S.C. 4321–4370f), and docket at https://www.regulations.gov question or complain about this have made a preliminary determination and can be viewed by following that proposed rule or any policy or action of that this action is one of a category of website’s instructions. Additionally, if the Coast Guard. actions that do not individually or you go to the online docket and sign up cumulatively have a significant effect on for email alerts, you will be notified C. Collection of Information the human environment. This proposed when comments are posted or a final This proposed rule would not call for rule involves safety zones of limited rule is published. a new collection of information under sizes and durations. Normally such the Paperwork Reduction Act of 1995 actions are categorically excluded from List of Subjects in 33 CFR Part 165 (44 U.S.C. 3501–3520). further review under paragraph L60(a) Harbors, Marine safety, Navigation of Appendix A, Table 1 of DHS D. Federalism and Indian Tribal (water), Reporting and recordkeeping Instruction Manual 023–01–001–01, requirements, Security measures, Governments Rev. 1. A preliminary Record of Waterways. A rule has implications for federalism Environmental Consideration under Executive Order 13132 supporting this determination is For the reasons discussed in the (Federalism), if it has a substantial available in the docket. We seek any preamble, the Coast Guard is proposing direct effect on the States, on the comments or information that may lead to amend 33 CFR part 165 as follows:

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PART 165—REGULATED NAVIGATION Authority: 46 U.S.C 70034, 70051; 33 CFR 27, and add Item 31, Item 32, and Item AREAS AND LIMITED ACCESS AREAS 1.05–1, 6.04–1, 6.04–6, and 160.5; 33 in Table 1 to § 165.1191 to read as Department of Homeland Security Delegation follows: No. 0170.1. ■ 1. The authority citation for part 165 ■ 2. Revise Item 7, Item 8, Item 9, Item § 165. 1191 Northern California and Lake continues to read as follows: 19, Items 22, Item 24, Item 25, and Item Tahoe Area Annual Fireworks Events.

TABLE 1 TO § 165.1191

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7. San Francisco Independence Day Fireworks

Sponsor ...... The City of San Francisco. Event Description ...... Fireworks Display. Date ...... July 4th. Location 1 ...... A barge located approximately 1000 feet off San Francisco Pier 39. Location 2 ...... A barge located approximately 700 feet off of the San Francisco Municipal Pier at Aquatic Park. Regulated Area ...... 100-foot radius around each fireworks barge during the loading, transit, setup, and until the commence- ment of the scheduled display. Increases to a 1000-foot radius upon commencement of the fireworks display.

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8. Fourth of July Fireworks, Berkeley Marina

Sponsor ...... Berkeley Marina. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... A barge located near the Berkeley Marina Pier. Regulated Area ...... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1000-foot radius upon commencement of the fireworks display.

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9. Fourth of July Fireworks, City of Richmond

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... Week of July 4th. Location ...... A barge located in the Richmond Harbor in Richmond, CA. Regulated Area ...... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 560-foot radius upon commencement of the fireworks display.

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19. Incline Village Independence Day Fireworks

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... Week of July 4th. Location ...... 500–1000 feet off Incline Village, NV in Crystal Bay. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. In- creases to a 1000-foot radius upon commencement of the fireworks display.

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22. Monte Foundation Fireworks

Sponsor ...... Monte Foundation. Event Description ...... Fireworks Display. Date ...... Second Saturday or Sunday in October. Location ...... Capitola Pier in Capitola, CA. Regulated Area ...... 1000-foot radius safety zone in the navigable waters around and under the Capitola Pier.

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24. San Francisco New Year’s Eve Fireworks

Sponsor ...... City of San Francisco. Event Description ...... Fireworks Display. Date ...... December 30th through January 1st. Location ...... 1000 feet off the Embarcadero near the Ferry Plaza in San Francisco, CA.

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TABLE 1 TO § 165.1191—Continued Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. In- creases to a 1000-foot radius upon commencement of the fireworks display.

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25. Sacramento New Year’s Eve Fireworks

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... New Year’s Eve, December 31st. Location ...... Near the Tower Bridge, Sacramento River, Sacramento, CA. Regulated Area ...... The navigable waters of the Sacramento River within 700 feet of the two shore-based launch locations near the Tower Bridge in Sacramento, CA and the bridge-based launch location on the Tower Bridge in Sacramento, CA.

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27. Feast of Lanterns Fireworks

Sponsor ...... Feast of Lanterns, Inc. Event Description ...... Fireworks Display. Date ...... A Saturday or Sunday in July. Location ...... Near Lover’s Point Park in Pacific Grove, CA. Regulated Area ...... The area of navigable waters within a 1000-foot radius of the launch platform located on the beach near Lover’s Point Park.

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31. Benicia Fourth of July Fireworks

Sponsor ...... City of Benicia, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Carquinez Strait, Benicia, CA. Regulated Area ...... 1000-foot radius safety zone around the fireworks launch platform located on the Benicia First Street Pier.

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32. Vallejo Fourth of July Fireworks

Sponsor ...... City of Vallejo, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Mare Island Strait, Vallejo, CA. Regulated Area ...... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1000-foot radius upon commencement of the fireworks display.

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33. Berkeley Winter on the Waterfront Fireworks

Sponsor ...... City of Berkeley, CA. Event Description ...... Two Fireworks Displays. Date ...... Second Saturday or Sunday in December. Location ...... Near the entrance to the Berkeley Marina in Berkeley, CA. Regulated Area ...... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 500-foot radius upon commencement of the first fireworks dis- play and remains in effect until after the conclusion of the second fireworks display.

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Dated: March 9, 2020. notice of proposed rulemaking, go to toxins based on the following criteria Howard H. Wright, http://www.regulations.gov. Comments outlined under 42 U.S.C. 262a(a)(1)(B): Captain, U.S. Coast Guard, Alternate Captain will be available for public inspection (1) ‘‘The effect on human health of exposure of the Port, San Francisco. Monday through Friday, except for legal to the agent or toxin’’ [FR Doc. 2020–05174 Filed 3–16–20; 8:45 am] holidays, from 9 a.m. until 5 p.m. at (2) ‘‘The degree of contagiousness of the BILLING CODE 9110–04–P 1600 Clifton Road NE, Atlanta, GA, agent or toxin and the methods by which 30329. Please call ahead to 1–866–694– the agent or toxin is transferred to 4867 and ask for a representative in the humans’’ Division of Select Agents and Toxins (3) ‘‘The availability and effectiveness of DEPARTMENT OF HEALTH AND pharmacotherapies to treat or HUMAN SERVICES (DSAT) to schedule your visit. Please be immunizations to prevent any illness aware that comments and other resulting from infection by the agent or 42 CFR Part 73 submissions from members of the public exposure to the toxin’’ are made available for public viewing (4) ‘‘Any other criteria including the needs of [Docket No. CDC–2020–0024] without changes. children and other vulnerable populations’’ and any other criteria that RIN 0920–AA71 FOR FURTHER INFORMATION CONTACT: the commenter believes should be Samuel S. Edwin Ph.D., Director, considered. Possession, Use, and Transfer of Division of Select Agents and Toxins, Select Agents and Toxins; Biennial Centers for Disease Control and Comments received, including Review Prevention, 1600 Clifton Road NE, attachments and other supporting materials, are part of the public record AGENCY: Centers for Disease Control and Mailstop H21–7, Atlanta, Georgia 30329. Telephone: (404) 718–2000. and subject to public disclosure. Prevention (CDC), Department of Health Commenters should not include any SUPPLEMENTARY INFORMATION: and Human Services (HHS). The information in their comments or ACTION: Advance notice of proposed preamble to this advance notice of supporting materials that they consider rulemaking and request for comments. proposed rulemaking is organized as confidential or inappropriate for public follows: disclosure. HHS/CDC will carefully SUMMARY: In accordance with section I. Public Participation consider all comments submitted. 351a of the Public Health Service Act, II. Background the Centers for Disease Control and III. Modifications to the List of Select Agents II. Background Prevention (CDC) in the Department of and Toxins Being Considered Under the Public Health Security and Health and Human Services (HHS; A. Agents and Toxins Under Consideration Bioterrorism Preparedness and hereafter referred to as HHS/CDC) has i. Botulinum Neurotoxin Producing Response Act of 2002 (Bioterrorism initiated a review of the HHS list of Species of Clostridium Response Act) (42 U.S.C. 262a(a)(1)), the biological agents and toxins that have ii. Coxiella burnetii iii. Rickettsia prowazekii HHS Secretary must establish by the potential to pose a severe threat to regulation a list of biological agents and public health and safety (HHS select iv. Bacillus anthracis (Pasteur Strain) v. Brucella Abortus, Brucella Melitensis, toxins that have the potential to pose a agents and toxins). This review was and Brucella Suis severe threat to public health and safety. initiated within two years of the vi. Venezuelan Equine Encephalitis Virus In determining whether to include a completion of the previous review. In (VEEV) 1AB and 1C biological agent or toxin on the list, the reviewing the list, HHS/CDC is vii. Short, Paralytic Alpha Conotoxins Bioterrorism Response Act (42 U.S.C. considering whether to propose viii. Diacetoxyscirpenol 262a(a)(1)(B)) requires that the HHS amending the HHS list of select agents ix. Staphylococcal Enterotoxins Secretary consider the following and toxins. x. New World Hantaviruses: criteria: The effect on human health of 1. Sin Nombre Virus DATES: Comments should be received on 2. Andes Virus exposure to an agent or toxin; the degree or before May 18, 2020. xi. Old World Hantaviruses: of contagiousness of the agent and the ADDRESSES: You may submit comments, 1. Hantaan Virus methods by which the agent or toxin is identified by Docket No. CDC–2020– 2. Dobrava Virus transferred to humans; the availability 0024 or Regulation Identifier Number B. Toxins Being Considered for Revision to and effectiveness of pharmacotherapies (RIN) 0920–AA71, by any of the Exclusion Amounts (i.e., the Amount and immunizations to treat and prevent following methods: Below Which the Toxin Is Not Subject to illnesses resulting from an agent or • Federal eRulemaking Portal: http:// Regulatory Oversight) toxin; and any other criteria including www.regulations.gov. Follow the i. Saxitoxin the needs of children and other ii. Tetrodotoxin instructions for submitting comments. vulnerable populations that the HHS • iii. Botulinum neurotoxin Mail: Division of Select Agents and C. Designating Nipah Virus as a Tier 1 Secretary deems relevant. Toxins, Centers for Disease Control and Select Agent Under 42 U.S.C. 262a(a)(2), the HHS Prevention, 1600 Clifton Road NE, IV. References Secretary must review and republish the Mailstop H21–7, Atlanta, Georgia 30329, list of HHS select agents and toxins at ATTN: RIN 0920–AA71. I. Public Participation least biennially. For this review, HHS/ Instructions: All submissions received Interested persons or organizations CDC evaluated as discussed below each must include the agency name and RIN are invited to participate by submitting agent and toxin based on: The degree of for this rulemaking. All relevant written views, recommendations, and pathogenicity (ability of an organism to comments received will be posted data. Comments are welcomed on any cause disease); dissemination efficacy; without change to http:// topic related to this advance notice of aerosol stability; matrix stability; ease of www.regulations.gov, including any proposed rulemaking. production; ability to genetically personal information provided. In addition, HHS/CDC invites manipulate or alter; severity of illness; Docket Access: For access to the comments specifically as to whether case fatality rate; long-term health docket to read background documents there are additional biological agents or effects; rate of transmission; available or comments received, or to download toxins that should be added or removed treatment; status of host immunity (e.g. an electronic version of the advance from the HHS list of select agents and whether an individual has already been

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exposed to the agent and generated an peer reviewed research data, that will used to vaccinate U.S. researchers who immune response); vulnerability of better inform us as to whether there are: were at risk (Seqiris Pty Ltd PV, 2014). special populations; decontamination (1) Any biological agents or toxins that Should C. burnetii be removed or and restoration (the extent remediation should be added to the select agents and retained as an HHS select agent? Please efforts are needed due to agent toxin list because they have the provide a detailed explanation for your persistence in the environment and potential to pose a severe threat to response. population); and the burden or impact public health and safety; and (2) iii. Rickettsia prowazekii on the health care system. biological agents or toxins currently on The results of the previous biennial the list that should be removed because Rickettsia prowazekii causes epidemic review, discussed in a final rule they would no longer be considered to typhus, which is a louse-borne disease. published in the Federal Register on have the potential to pose a severe In 2012, HHS/CDC decided to retain R. January 19, 2017 (82 FR 6278), were that threat to public health and safety. prowazekii based in part in anticipation HHS/CDC would make no changes to In addition, HHS/CDC is seeking of studies being conducted that would the list of HHS select agents and toxins comment on the following specific help HHS/CDC to better understand the at that time. Given that HHS/CDC is changes to the list of HHS and overlap potential risk of an intentional release of again considering whether to remove select agents under consideration: this organism. As of 2019, these studies select agents and toxins as proposed in had not been conducted. Based on the a previous notice of proposed A. Select Agents and Toxins Under criteria for listing select agents specified rulemaking (81 FR 2805, January 19, Consideration under 42 U.S.C. 262a(a)(1)(B), HHS/CDC 2016), HHS/CDC will consider the 35 i. Botulinum Neurotoxin Producing is seeking comments from the public to public comments received from that Species of Clostridium provide any information not included notice as part of this biennial review. below to help inform our deliberations The current list of HHS select agents Botulism is a serious paralytic disease regarding R. prowazekii: and toxins can be found at 42 CFR 73.3 caused by a neurotoxin produced during • Transmissibility from person-to- (HHS select agents and toxins) and 42 the growth of the spore-forming person is low because R. prowazekii is CFR 73.4 (Overlap select agents and bacterium Clostridium botulinum (or usually transmitted via blood, although toxins), and is available at https:// rarely, C. argentinense (Puig de Centorbi it can be spread through inhalation of et al., 1997), C. butyricum, or C. baratii) www.selectagents.gov/SelectAgentsand louse feces (ID50), the concentration for ToxinsList.html. (Sobel, 2005). As such, the organism human inhalation routes is unknown, As noted above, the list of HHS select itself does not normally cause disease. but is estimated to be 103–106 organisms agents and toxins is divided into two HHS/CDC is seeking any information based on non-human primate and other sections. The biological agents and that will help inform our deliberations animal studies (Eremeeva et al., 2005, toxins listed in 42 CFR 73.3 (HHS select regarding if Clostridium botulinum Pike, 1976 and Walker, 2003, Reynolds agents and toxins) have the potential to should be treated consistently with the et al., 2003 and International pose a severe threat to human health regulation of other select toxins in Cooperation in Animal Biologics, 2004). and safety and are regulated only by which a toxin is regulated but not the • This agent is difficult to grow and HHS. The biological agents listed in organism that produces the toxin. For purify in quantities that would make it § 73.4 (overlap select agents and toxins) example, Staphylococcus aureus is not a viable biological weapon (Woodman et have not only the potential to pose a listed as a select agent, yet al., 1977). severe threat to human health and Staphylococcal enterotoxins A,B,C,D,E • R. prowazekii is susceptible to safety; but have been determined by the subtypes are regulated toxins. readily available antibiotics and can be USDA, pursuant to USDA’s authority Should Botulinum neurotoxin treated with a single dose of under the Agriculture Bioterrorism producing species of Clostridium be doxycycline when symptoms are Protection Act of 2002 (7 U.S.C. 8401), removed or retained as an HHS select present (Raoult et al., 1991). to have the potential to pose a severe agent? Please provide a detailed • When grown in a laboratory, it is threat to animals and animal products. explanation for your response. difficult to maintain the stability of the Accordingly, these biological agents are ii. Coxiella burnetii organism and therefore it would be jointly regulated by HHS and USDA as difficult to disseminate efficiently to ‘‘overlap’’ select agents. The Q fever is a disease caused by the cause mass exposure or disease that Bioterrorism Response Act defines the bacteria Coxiella burnetii. Q fever is an would have a significant public health term ‘‘overlap agent or toxin’’ to mean acute febrile disease that varies in impact (Bovarnick et al., 1950). a biological agent or toxin that is listed severity and duration. Based on the Should R. prowazekii be removed or pursuant to 42 U.S.C. 262a and is listed criteria for listing select agents specified retained as an HHS select agent? Please pursuant to 7 U.S.C. 8401. See 7 U.S.C. under 42 U.S.C. 262a(a)(1)(B), HHS/CDC provide a detailed explanation for your 8411. If HHS/CDC removes any overlap is seeking comments from the public to response. select agents from its list, these agents provide any information not included iv. Bacillus anthracis (Pasteur Strain) might still be regulated as USDA select below to help inform our deliberations agents dependent on the outcome of regarding C. burnetii: Bacillus anthracis is the bacteria that USDA biennial review. • Q fever has a low mortality rate causes anthrax, an acute disease in (≤2%) with antibiotic treatment (Rolain animals and humans. In order to cause III. Modifications to the List of Select et al., 2005). C. burnetii is susceptible to the disease anthrax, B. anthracis Agents and Toxins Being Considered a number of readily available antibiotics requires two plasmids, pX01 and pX02, The purpose of this advance notice of including tetracycline or doxycycline which carry toxin and capsule genes proposed rulemaking is to seek public (Rolain et al., 2005). (Luna et al., 2006). B. anthracis (Pasteur comment on potential changes to the • Only 0.2–0.5% of the Q fever cases strain) lacks the pX01 plasmid that is current list of HHS and overlap select progress past the acute infection stage needed to cause the disease (Ivins et al., agents and toxins. Specifically, we are (Cutler, 2007). 1986). HHS/CDC excluded the B. providing an opportunity for interested • A whole-cell killed vaccine (Q-Vax) anthracis (Sterne strain) in 2003 persons to submit comments, including is licensed in Australia and has been because the strain lacks the pX02

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plasmid that encodes for the capsule. third reported to a clinic or hospital, via the inhalation route to achieve a However, HHS/CDC has retained B. and 3,000 (4%) were hospitalized for toxic effect, the LD50 (dose required to anthracis (Pasteur strain) to date neuroinvasive disease (sequelae), kill half the members of a tested because of a concern that someone demonstrating that two-thirds of the population after a specified test working in a laboratory could combine cases [in the 1995 outbreak] were mild duration) is estimated at 20 mg/kg by the Pasteur strain with the Sterne strain or asymptomatic (Rivas et al., 1997). inhalation (Thapa et al., 2014). to produce the wild type phenotype B. • While it is theoretically possible for Should conotoxins (short, paralytic anthracis de novo, a select agent. Based VEEV to be spread between humans alpha conotoxins containing the on the criteria for listing select agents since the virus is found in the pharynx following amino acid sequence specified under 42 U.S.C. 262a(a)(1)(B), of 6 to 40% of acutely ill patients, there X1CCX2PACGX3X4X5X6CX7) be removed HHS/CDC is seeking comments from the is no documented evidence of human- or retained as a select toxin? If retained, public to provide any information to to-human transmission (Smith et al., should the exclusion amount for help inform our deliberations regarding 2009). conotoxins be increased or decreased? • if B. anthracis (Pasteur strain) should be An effective equine vaccine is Please provide a detailed explanation removed or retained as an HHS select available and a range of humanized for your response. monoclonal antibodies are currently agent? Please provide a detailed viii. Diacetoxyscirpenol (DAS) explanation for your response. available for emergency use (Weaver et al., 1996). Restricted animal movement, DAS, a derivative of tetracyclic v. Brucella abortus, Brucella melitensis, insecticide application, and equine sesquiterpenes called trichothecenes, is and Brucella suis vaccinations are a part of effective produced from strains of Fusarium Based on the criteria for listing select control measures to contain VEE sambucinum and related species that agents specified under 42 U.S.C. outbreaks and mitigate the spread of grow on barley, corn, oats, rye, or wheat. 262a(a)(1)(B), HHS/CDC is seeking disease from equine to humans. In 2005, HHS/CDC retained DAS comments from the public to provide Should VEEV 1AB and 1C be removed because of limited understanding of the any information not included below to or retained as an HHS select agent? risk at the time of whether DAS has the help inform our deliberations regarding Please provide a detailed explanation potential to pose a severe threat to B. abortus, B. melitensis, and B. suis: for your response. public health. The estimated LD50 of • Brucella infections have a low case vii. Short, Paralytic Alpha Conotoxins DAS for rodents is 2 to 16 mg/kg fatality rate, with an untreated fatality (Knutsen, H.K., et al., 2018). rate usually ranging from 1–2% of those Predatory cone snails (genus Conus) Based on the criteria for listing select identified with the infection (Spickler, produce a rich array of venoms agents specified under 42 U.S.C. 2018). (conotoxins) that collectively contain an 262a(a)(1)(B), HHS/CDC is seeking • Disease caused by these bacteria is estimated 100,000 small, disulfide-rich comments from the public to provide treatable with antibiotics (Spickler, peptides neurotoxins (Bulaj, 2008). any information to help inform our 2018). Short, paralytic alpha conotoxins deliberations regarding DAS. Should • There is no indication that Brucella containing the following amino acid DAS be removed or retained as a select is transmitted between people by casual sequence X1CCX2PACGX3X4X5X6CX7 toxin? If retained, should the DAS contact under ordinary condition. are a group of neurotoxic peptides exclusion amount be increased or Humans are typically infected from isolated from the venom of the marine decreased? Please provide a detailed exposure to animal reservoirs or animal cone snail, genus Conus. Based on the explanation for your response. products; transmission to humans from criteria for listing select agents specified ix. Staphylococcal Enterotoxins wildlife is a rare event unless an under 42 U.S.C. 262a(a)(1)(B), HHS/CDC individual directly handles infected is seeking comments from the public to Staphylococcus aureus produces a animals, such as in butchering meat provide any information not included number of exotoxins, one of which is (Godfroid et al., 2013). below to help inform our deliberations Staphylococcal enterotoxin B, or SEB. • Brucellosis causes mild clinical regarding short, paralytic alpha SEB normally exerts its effect on the symptoms (flu-like illness); incubation conotoxins: intestines and therefore is referred to as • periods typically range from 1 to 4 Production of pure preparations an enterotoxin. SEB is one of the weeks, but can extend to 6 months (chemical synthesis of larger quantities pyrogenic toxins (causing fever) that (Olsen et al., 2018). of appropriately folded peptides) is a commonly causes food poisoning in Should B. abortus, B. melitensis, and challenge due to the thermodynamic humans after the toxin is produced in B. suis be removed or retained as an instability of many conotoxins (Purcell improperly handled foodstuffs and HHS select agent? Please provide a et al., 2012) and most alpha-conotoxins subsequently ingested. Based on the detailed explanation for your response. harvested from the venom bulbs of cone criteria for listing select agents specified snails are inactive precursors that are under 42 U.S.C. 262a(a)(1)(B), HHS/CDC vi. Venezuelan Equine Encephalitis not in the functional form of the select is seeking comments from the public to Virus (VEEV) 1AB and 1C toxin. To generate the functional form, provide any information not included VEEV usually causes mild to severe soluble peptides of the appropriate below to help inform our deliberations influenza-like symptoms. Based on the amino acid sequence must be treated regarding Staphylococcal enterotoxins: criteria for listing select agents specified with proteases to properly fold and • The estimated annual number of under 42 U.S.C. 262a(a)(1)(B), HHS/CDC activate the toxin, which requires domestically acquired foodborne is seeking comments from the public to higher-level technical expertise and is a hospitalization (6% hospitalization rate) provide any information not included slow process involving several months and deaths (<0.1% death rate) caused by below to help inform our deliberations (Wu et al., 2013). S. aureus is low. (Scallan et al., 2011). • regarding VEEV 1AB and 1C: The optimal route of exposure for • The ED50 (concentration of a drug • Case fatality rate is less than 0.7%. toxicity for conotoxins is through that produces a biological response) for Serosurvey data from the 1995 injection. However, even though there is Staphylococcal enterotoxins: Venezuelan 1C outbreak indicated that, currently no published literature to Æ Intravenously: ED50 0.03 mg/kg of 75,000 estimated human cases, one- support conotoxins being administered (rhesus monkeys) (Bergdoll, 1979)

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Æ Ingestion: ED50 1 mg/kg (rhesus of the disease as well as clinical patterns by inhalation; 0.0013–0.0024 ug/kg by monkeys) (Bergdoll, 1979) can manifest as mild, moderate or injection (Guzman et al., 2001) Æ Intragastrically: ED 1.7 mg/kg (5 severe disease, depending upon the 50 D. Designating Nipah Virus as a Tier 1 ug/monkey for 3 kg rhesus monkeys) causative virus. HFRS caused by Select Agent (Donnelly et al., 1967) Hantaan and Dobrava viruses is more Should Staphylococcal enterotoxins severe, while HFRS caused by Seoul Executive Order 13546 ‘‘Optimizing be removed or retained as a select toxin? virus is more moderate and by Puumala the Security of Biological Select Agents If retained, should the Staphylococcal virus is mild (Jonsson et al., 2010). The and Toxins in the United States’’ enterotoxins exclusion amount be clinical picture for Dobrava virus is directed the HHS Secretary to designate increased or decreased? Please provide severe with more hemorrhagic a subset of the select agents and toxins a detailed explanation for your complications, shock (21 to 28%), list that present the greatest risk of response. oliguric renal failure (30 to 47%), and deliberate misuse with the most abdominal and pleural effusions (Maes significant potential for mass casualties B. Biological Agents Under et al., 2009). Due to the severity of or devastating effects to the economy, Consideration for Being Added to the disease with Hantaan virus and Dobrava critical infrastructure, or public HHS Select Agent and Toxin List virus, HHS/CDC is considering the confidence. This subset of select agents i. New World Hantaviruses addition of Hantaan virus and Dobrava and toxins is identified as Tier 1. HHS/ virus to the list of select agents because: CDC is seeking public comment on Some New World Hantaviruses can • HFRS caused by Hantaan and whether Nipah virus should be cause Hantavirus Pulmonary Syndrome Dobrava viruses are more severe than (HPS) in humans. HPS is an acute identified as a Tier 1 select agent. HHS/ infection caused by other Old World CDC is considering whether the Nipah febrile illness with a symptoms Hantaviruses such as Seoul, Puumala, consisting of fever, chills, myalgia, virus should be designated as a Tier 1 Sangassou, and Saaremma viruses (Maes agent because the public health threat headache, and gastrointestinal et al., 2009 and Avsic-Zupanc et al., symptoms (Hooper et al., 2013). Based posed by Nipah virus is similar to that 2019). of Marburg and Ebola viruses which are on the results of the ISATTAC • For Hantaan viruses, inhalation evaluation of New World Hantaviruses, both currently Tier 1, with infectious dose (ID50), is very low and in characteristics such as: HHS/CDC is considering the addition of rats was 0.3–0.7 plaque-forming unit Sin Nombre virus (SNV) and Andes • Human transmissibility (person-to- (Nuzum et al., 1988). person transmission has occurred) virus to the list of select agents because: Should Hantaan virus and Dobrava • (Centers for Disease Control and The average case fatality rate in the virus be added to the select agent list? Prevention, 2014; Gurley et al., 2007; United States from 1993 to 2016 is 36% Should other Old World Hantaviruses (Centers for Disease Control and Luby et al., 2012; and Luby et al., 2009). be regulated as select agents? In • Prevention, 2017). addition, HHS/CDC is seeking High case fatality rate (estimated • Andes virus is capable of person-to- comments regarding the potential between 40–100%) (World Health person transmission (Martinez et al., burden and time needed for an entity Organization, 2017 and Harcourt et al., 2005 and Vitek et al., 1996). possessing the Hantaan or Dobrava virus 2004). • • The infectious and lethal doses are to come into compliance with the select Low infectious dose (ranging from very low. For Andes virus in hamsters, agents and toxins regulatory 100–107 plaque forming units the infectious dose is estimated to be requirements. Please provide a detailed depending on route of infection) (DeWit between 1–10 virus particles, and the explanation for your response. et al., 2014; Geisbert et al., 2010; and lethal dose is estimated to be between Mathieu et al., 2012). 10–100 virus particles (Hooper et al., C. Exclusion Limits Being Considered • High severity of illness (fever, 2001 and Hooper et al., 2008). for the Following Toxins headache, dizziness, vomiting, cough, • There are no FDA-approved Based on the criteria for listing select reduced levels of consciousness, vaccines or drugs to prevent or treat toxins specified under 42 U.S.C. respiratory distress, and death) (Hoh et infection with Andes or SNV. 262a(a)(1)(B), HHS/CDC is seeking al., 2000; Hossain et al., 2008; and Lo et Supportive care is the only current comments from the public to provide al., 2008). method of treatment for patients with any information that will help inform • Severe long-term effects HPS (Avsic-Zupanc et al., 2019). our deliberations regarding this biennial (neurological sequelae including Should Sin Nombre virus and Andes review including increasing or encephalopathy, cranial nerve palsies, virus be added to the select agent list? decreasing the exclusion limit for the and dystonia) (Sejvar et al., 2007 and Lo Should other New World Hantaviruses following toxins: et al., 2008). For entities that are • be regulated as HHS select agents? In Saxitoxin based on the LD50 by currently registered to possess Nipah addition, HHS/CDC is seeking ingestion is estimated as 0.3–1.0 mg/ virus, they are also in possession of comments regarding the potential person (Burrows et al., 1999) and other Tier 1 select agents. Therefore, burden and time needed for an entity estimated mortality rate of 15% for designating Nipah virus as Tier 1 select possessing SNV or Andes virus to come Paralytic Shellfish Poisoning (Rodrique, agent would not require an entity to into compliance with the select agents et al., 1990 and Hallegraeff, et al. 1995) meet additional requirements associated • and toxins regulatory requirements. Tetrodotoxin based on LD50 with Tier 1 agents. Should Nipah virus Please provide a detailed explanation estimated 15–60 mg/kg by ingestion be identified as a Tier 1 select agent? for your response. (Burrows et al., 1999); 2 mg/kg by Please provide a detailed explanation inhalation; 8–14 mg/kg by injection ii. Old World Hantaviruses for your response. (mouse, dog, rabbit) (Bane et al., 2014) Some highly pathogenic Old World and the recent puffer fish poisoning in V. References Hantaviruses can cause severe 2008 Bangladesh involved 141 cases Arnon, S.S., et al., Botulinum toxin as a Hemorrhagic Fever with Renal with 17 deaths (Islam et al., 2011) biological weapon: Medical and public Syndrome (HFRS). HFRS is a • Botulinum neurotoxin estimated at health management. JAMA, 2001. 285(8): generalized infection, and the severity 1 ug/kg by ingestion; 0.01–0.012 ug/kg p. 1059–70.

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Avsic-Zupanc T., et al. M. Hantavirus Candidate Pan-Hantavirus Vaccine Pike, R. Laboratory-Associated Infections: Infections, Clin Micro and Infect. 2019. Against Hantavirus Pulmonary Summary and Analysis of 3921 Cases. p. e1–11. Syndrome (HPS) and Hemorrhagic Fever Health Lab Sci, 1976. 13(2): p. 105–14. Bane, V., et al., Tetrodotoxin: chemistry, with Renal Syndrome (HFRS). Vaccine, Puig de Centorbi, O., et al. Selection of a toxicity, source, distribution and 2013. 31(40): p. 4314–21. Strain of Clostridium argentinense detection. Toxins, 2014. 6(2): p. 693–755. Hooper, J. et al. Immune Serum Produced by Producing High Titers of Type G Bergdoll, M.S. Staphylococcal intoxications. DNA Vaccination Protects Hamsters Botulinal Toxin. Zentralbl Bakteriol. in Foodborne infections and Against Lethal Respiratory Challenge 1997. 286(3): p. 413–9. intoxications, 2nd Edition, H. Riemann with Andes virus. Journal of Virology, Purcell, A., et al. Unravelling Conotoxin and F.L. Bryan, Ed. 1979, Academic 2008. 82(3): p. 1332–1338. Folding and Molecular Diversity. Press. Hossain, M., et al. Clinical Presentation of Australian Biochemist, 2012. 43(2): p. 4– Bovarnick, M., et al. The Influence of Certain Nipah virus Infection in Bangladesh. 6. Salts, Amino Acids, Augars, and Clin Infect Dis, 2008. 46(7): p. 977–84. Raoult, D., et al. Antimicrobial Therapy of Proteins on the Stability of Rickettsiae. J Hussein, I., et al. Recent Advances in Rickettsial Diseases. Antimicrob Agents Bacteriol. 1950. 59(4): p. 509–22. Hantavirus Molecular Biology and Chemother, 1991. 35(12): p. 2457–62. Bulaj G., et al. Folding of Conotoxins: Disease. Adv Appl Microbiol, 2011. 74: Raoult, D., et al. Outbreak of Epidemic Formation of the Native Disulfide p. 35–75. Typhus Associated with Trench Fever in Bridges During Chemical Synthesis and Institute for International Cooperation in Burundi. Lancet, 1998. 352(9125): p. Biosynthesis of Conus Peptides. Antioxid Animal Biologics. 2004. Typhus Fever- 353–8. Redox Signal, 2008. 10(1):p. 141–55. Rickettsia prowazekii. Retrieved from Reynolds, M.G., et al., Flying Squirrel- Burrows, W.D., et al. Biological warfare http://www.cfsph.iastate.edu/Factsheets/ Associated Typhus, United States. Emerg agents as threats to potable water. pdfs/typhus_fever.pdf. Infect Dis, 2003. 9(10): p. 1341–3. Environ Health Perspect, 1999. 107(12): Islam, Q.T., et al., Puffer fish poisoning in Rivas, F., et al. Epidemic Venezuelan Equine p. 975–84. Bangladesh: clinical and toxicological Encephalitis in La Guajira, Colombia. J Centers for Disease Control and Prevention. results from large outbreaks in 2008. Infect Dis, 1997. 175(4): p. 828–32. 2017. Annual U.S. Hantavirus Disease Trans R Soc Trop Med Hyg, 2011. 105(2): Rodrigue, D.C., et al. Lethal paralytic and HPS Case Fatality, 1993–2016. p. 74–80. shellfish poisoning in Guatemala. Am J Retrieved from https://www.cdc.gov/ Ivins, B., et at. Immunization Studies with Trop Med Hyg, 1990. 42(3): p. 267–71. hantavirus/surveillance/annual- Attenuated Strains of Bacillus anthracis. Rolain, J., et al. Correlation Between Ratio of cases.html. Infect Immun, 1986. 52(2): p. 454–458. Serum Doxycycline Concentration to Centers for Disease Control and Prevention. Jonsson, C., et al. A Global Perspective on MIC and Rapid Decline of Antibody 2014. Nipah Virus. Retrieved from http:// Hantavirus Ecology, Epidemiology, and Levels during Treatment of Q Fever www.cdc.gov/vhf/nipah/. Disease. Clin Microbiol Rev, 2010. Endocarditis. Antimicrob Agents Cutler, S. Q Fever. J Infect, 2007. 54(4): p. 23(2):p. 412–41. Chemother, 2005. 49: p. 2673–76. 313–8. Knutsen, H.K., et al. Risk to human and Scallan, E., et al. Foodborne Illness Acquired De Wit, E., et al. Foodborne transmission of animal health related to the presence of in the United States—Major Pathogens. Nipah virus in Syrian Hamsters. PLoS 4,15-diacetoxyscirpenol in food and Emerg Infect Dis, 2011. 17(1): p. 7–15. Pathog, 2014. 10(3): p. e1004001. feed. EFSA Jour, 2018. 16(8): p. 1–106. Seqiris Pty Ltd PV. Q–VAX, Q Fever Vaccine, Donnelly, C.B., et al. Serological Lo, M., et al. The Emergence of Nipah virus, Consumer Medical Information; 2014. identification of enterotoxigenic a Highly Pathogenic Paramyxovirus. J Sejvar J., et al. Long-term Neurological and staphylococci from cheese. Appl Clin Virol, 2008. 43(4): p. 396–400. Functional Outcome in Nipah virus Microbiol, 1967. 15(6): p. 1382–7. Luby, S., et al. Epidemiology of Henipavirus Infection. Ann Neurol. 2007 Sep;62(3): p. Eremeeva, M.E. et al. Typhus, Epidemic disease in Humans. Curr Top Microbiol 235–42. (Rickettsia prowazekii) and Rocky Immunol, 2012. 359: p. 25–40. Sobel, J., Botulism. Clin Infect Dis, 2005. Mountain Spotted Fever (Rickettsia Luby, S., et al. Recurrent Zoonotic 41(8): p. 1167–73. rickettsii). Encyclopedia of Bioterrorism Transmission of Nipah virus into Smith, D. et al. Alphaviruses. Clinical Defense, 2005. John Wiley & Sons, Inc. Humans, Bangladesh, 2001–2007. Emerg Virology, 3rd ed., ASM Press, 2009. pp. Geisbert, T., et al. Development of an Acute Infect Dis, 2009. 15(8): p. 1229–35. 1241–1274. and Highly Pathogenic Nonhuman Luna, V., et al. Bacillus anthracis Virulent Smith, L., The Occurrence of Clostridium Primate Model of Nipah Virus Infection. Plasmid pX02 Genes Found in Large botulinum and Clostridium tetani in the PLoS ONE, 2010. 5(5): p. e10690. Plasmids of Two Other Bacillus species. Soil of the United States. Health Lab Sci, Godfroid, J., et al. Brucellosis in Terrestrial J of Clinical Microbiol, 2006. 44(7): P. 1978. 15(2): p. 74–80. Wildlife. Rev sci tech Off int Epiz, 2013. 2367–77. Spickler, A. 2018. Brucellosis. Retrieved from 32(1), p. 27–42. Maes P., et al. Recent Approaches in http://www.cfsph.iastate.edu/ Goh, K., et al. Clinical Features of Nipah Hantavirus Vaccine Development. Expert DiseaseInfo/factsheets.php. virus Encephalitis Among Pig Farmers in Rev Vaccines, 2009. 8(1): p. 67–76. Thapa, M.J. et al. Conotoxins and their Malaysia. N Engl J Med, 2000. 342(17): Martinez, V., et al. Person-to-Person regulatory considerations. Reg and Tox p. 1229–35. Transmission of Andes virus. Emerg and Pharm, 2014. 70: p. 197–202. Gurley, E., et al. Person-to-Person Infect Dis, 2005. 11(12): p. 1848–53. Vitek, C. et al. Evidence against Person-to- Transmission of Nipah virus in a Mathieu, C., et al. Nonstructural Nipah Virus Person Transmission of Hantavirus to Bangladeshi Community. Emerg Infect C Protein Regulates both the Early Host Health Care Workers. Clin Infect Dis, Dis, 2007. 13(7): p. 1031–7. Proinflammatory Response and Viral 1996. 22: p. 824–6. Guzman, K.D., et al., Biological Terrorism Virulence. Journal of Virology, 2012. Walker, D. Principles of the Malicious Use of Modeling Parameters. 2014, Sandia 86(19): p. 10766–10775. Infectious Agents to Create Terror— National Laboratories. Maurin M., et al. Q Fever. Clin Microbiol Reasons for Concern for Organisms of Hallegraeff, G., et al. Manual on harmful Rev, 1999. 12(4): p. 518–53. the Genus Rickettsia. Rickettsiology: marine microalgae, IOC Manuals and Nuzum, E., et al. Aerosol Transmission of Present and Future Directions, 2003. 990: Guides No. 33. 1995. Hantaan and Related Viruses to p. 739–742. Harcourt, B., et al. Genetic Characterization Laboratory Rats. Am J Trop Med Hyg, Weaver, S., et al. Re-emergence of Epidemic of Nipah virus, Bangladesh, 2004. Emerg 1988. 38(3): p. 636–40. Venezuelan Equine Encephalomyelitis in Infect Dis, 2005. 11(10): p. 1594–1597. Olsen, S., et al. Biosafety Concerns Related to South America. Lancet, 1996. 348(9025): Hooper, J., et al. A Lethal Disease Model for Brucella and its Potential Use as a p. 436–40. Hantavirus Pulmonary Syndrome. Bioweapon. Applied Biosafety, 2018. Woodman, D., et al. Biological Properties of Virology, 2001. 289(1): p. 6–14. 23(2): p. 77–90. Rickettsia prowazekii Strains Isolated Hooper, J., et al. A Novel Sin Nombre virus Parker, N., et al. Q Fever. Lancet, 2006. from Flying Squirrels. Infect Immun, DNA Vaccine and its Inclusion in a 367(9511): p. 679–688. 1977. 16(3): p. 853–60.

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World Health Organization, Nipah Virus No. 20–34; WC Docket No. 19–126; WC Alternative formats are available to Outbreaks in the WHO South-East Asia Docket No. 10–90. persons with disabilities by sending an Region. 2017. Retrieved from • Paper Filers: Parties who choose to email to [email protected] or by calling www.searo.who.int/entity/emerging_ _ _ _ file by paper must file an original and the Consumer & Governmental Affairs diseases/links/nipah virus outbreaks one copy of each filing. If more than one Bureau at (202) 418–0530 (voice), (202) sear/en/. Wu, X., et al. Optimal Cleavage and docket or rulemaking number appears in 418–0432 (TTY). Pursuant to sections Oxidative Folding of Alpha-Conotoxin the caption of this proceeding, filers 1.415 and 1.419 of the Commission’s TxIB as a Therapeutic Candidate must submit two additional copies for rules, 47 CFR 1.415, 1.419, interested Peptide. Mar Drugs, 2013. 11(9): p. 3537– each additional docket or rulemaking parties may file comments and reply 53. number. Filings can be sent by hand or comments on or before the dates Dated: February 21, 2020. messenger delivery, by commercial indicated in the Auction 904 Comment Alex M. Azar II, overnight courier, or by first-class or Public Notice in AU Docket No. 20–34; overnight U.S. Postal Service mail. All WC Docket 19–126; and WC Docket 10– Secretary. filings must be addressed to the 90. [FR Doc. 2020–05477 Filed 3–16–20; 8:45 am] Commission’s Secretary, Office of the I. Introduction BILLING CODE 4163–18–P Secretary, Federal Communications Commission. 1. By the Auction 904 Comment All hand-delivered or messenger- Public Notice, the Commission initiates FEDERAL COMMUNICATIONS delivered paper filings for the the pre-auction process for Phase I of COMMISSION Commission’s Secretary must be the Rural Digital Opportunity Fund delivered to FCC Headquarters at 445 auction (auction or Auction 904). The 47 CFR Parts 1 and 54 12th St. SW, Room TW–A325, auction will award up to $16 billion [AU Docket No. 20–34; WC Docket Nos. 10– Washington, DC 20554. The filing hours over 10 years to service providers that 90, 19–126; FCC 20–21; FRS 16543] are 8:00 a.m. to 7:00 p.m. All hand commit to offer voice and broadband deliveries must be held together with services to fixed locations in eligible Comment Sought on Competitive rubber bands or fasteners. Any unserved high-cost census blocks. Bidding Procedures and Certain envelopes and boxes must be disposed Bidding is expected to begin on October Program Requirements for the Rural of before entering the building. 22, 2020. Digital Opportunity Fund Auction Commercial overnight mail (other 2. Auction 904 will be the (Auction 904) than U.S. Postal Service Express Mail Commission’s second auction to award and Priority Mail) must be sent to 9050 ongoing high-cost universal service AGENCY: Federal Communications support through competitive bidding in Commission. Junction Drive, Annapolis Junction, MD 20701. a multiple-round, reverse auction and ACTION: Proposed rule; proposed auction U.S. Postal Service first-class, follows the successful Connect America procedures. Express, and Priority mail must be Fund (CAF) Phase II auction (Auction 903) that was completed in 2018. As SUMMARY: addressed to 445 12th Street SW, In this document, the Federal with the CAF Phase II auction, the Washington, DC 20554. Communications Commission Commission intends to maximize the (Commission) proposes and seeks FOR FURTHER INFORMATION CONTACT: For value the American people receive for comment on the procedures to be used further information regarding this the universal service dollars the for Phase I of the Rural Digital proceeding, contact Mark Montano in Commission spends, balancing the need Opportunity Fund auction, designated the Auctions Division of the Office of for future-proofed networks and higher- as Auction 904. Economics and Analytics at (202) 418– quality services against cost efficiencies. DATES: Comments are due on or before 0660 or Heidi Lankau in the Therefore, the Commission will again March 27, 2020, and reply comments Telecommunications Access and Policy use an auction mechanism designed to are due on or before April 10, 2020. Division, Wireline Competition Bureau, select bids from providers that would ADDRESSES: Comments may be filed (202) 418–7400. deploy high-speed broadband and voice using the Commission’s Electronic SUPPLEMENTARY INFORMATION: This is a services in unserved communities for Comment Filing System (ECFS) or by summary of the Commission’s lower relative levels of support. filing paper copies. Electronic Filing of document (Auction 904 Comment 3. The pre-auction and bidding Documents in Rulemaking Proceedings, Public Notice), AU Docket No. 20–34; procedures and processes proposed for 63 FR 24121 (May 1, 1998). All filings WC Docket Nos. 19–126 and 10–90; FCC this auction are similar to those that in response to the Auction 904 20–21, adopted on February 28, 2020 proved effective in the CAF Phase II Comment Public Notice must refer to and released on March 2, 2020. The auction. The Commission is proposing AU Docket No. 20–34; WC Docket No. complete text of this document is some new pre-auction and bidding 19–126; and WC Docket No. 10–90. The available for public inspection and procedures and processes that would be Commission strongly encourages copying from 8:00 a.m. to 4:30 p.m. expected to materially improve upon interested parties to file comments Eastern Time (ET) Monday through the Auction 904 based upon its electronically. Thursday or from 8:00 a.m. to 11:30 a.m. experience with Auction 903. • Electronic Filers: Comments may be ET on Fridays in the FCC Reference 4. The Commission proposes and filed electronically using the internet by Information Center, 445 12th Street SW, seeks comment in this Public Notice on accessing the ECFS: https:// Room CY–A257, Washington, DC 20554. the procedures to be used in Auction www.fcc.gov/ecfs/. Filers should follow The complete text is also available on 904, including (i) how an applicant can the instructions provided on the website the Commission’s website at http:// become qualified to participate in the for submitting comments. In completing www.fcc.gov/auction/904/ or by using auction, (ii) how bidders will submit the transmittal screen, filers should the search function for AU Docket No. bids, and (iii) how bids will be include their full name, U.S. Postal 20–34, WC Docket 19–126, or WC processed to determine winners and Service mailing address, and the Docket 10–90 on the Commission’s assign support amounts. The applicable docket numbers, AU Docket ECFS web page at www.fcc.gov/ecfs/. Commission also seeks comment on,

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among other things, how to aggregate will be more that 66,000 census block bidder must establish its eligibility to eligible areas into larger geographic groups containing eligible census blocks participate in the auction. After the units for bidding (‘‘biddable areas’’) and and more that 33,000 census tracts auction, and upon receipt of a winning making auction information available to containing eligible census blocks based bidder’s long-form application, bidders and the public. Commenters on FCC Form 477 data as of December Commission staff will conduct a more advocating a particular procedure are 31, 2018. In comparison, for the CAF extensive review of the winning asked to provide specific details Phase II auction, where the Commission bidder’s technical and financial regarding the costs and benefits of that adopted census block groups as the qualifications before authorizing procedure and explain how that minimum geographic area for bidding, support. procedure would improve upon the there were approximately 30,300 census 12. Short-form Application. Commission’s and the public’s block groups containing eligible census Commission rules require each experience in Auction 903. blocks. applicant seeking to participate in the 5. The Commission will announce 8. The Commission seeks comment on auction to provide in its short-form final procedures and other important whether to retain census block groups or application basic ownership information concerning Auction 904 use census tracts as the minimum information, and certifications regarding after considering comments provided in biddable area for Phase I of the Rural its qualifications to receive support, and response to the Auction 904 Comment Digital Opportunity Fund. Do potential information regarding its operational Public Notice. Even though many bidders foresee any difficulties and financial capabilities. The short- interested parties may be familiar with manipulating and uploading large form application rules also provide for the Commission’s systems and bidding files into the bidding system if the collection of such additional processes from their participation in the the Commission uses census block information as the Commission may CAF Phase II auction, the Commission groups for the minimum geographic require to evaluate an applicant’s will again provide timely educational area, which could be more than 66,000? qualifications to participate in the materials and hands-on practice The Commission also seek comment on auction. opportunities to help all potential alternative biddable areas it should 13. Commission staff will review all bidders understand the procedures consider and how they impact timely submitted applications to ultimately adopted to govern the administrability of the auction and determine whether each applicant has auction. flexibility for bidders participating in it. complied with the application 9. The Wireless Competition Bureau requirements and provided all required II. Minimum Geographc Area for will release a list and map of initially information concerning its Bidding eligible census blocks, and these census qualifications for bidding. After this 6. The Commission first seeks blocks will be subject to a limited review, the Office of Economics and comment on the appropriate minimum challenge process. Additionally, if more Analytics (OEA), in conjunction with geographic area for Phase I of the Rural recent data become available for this the Wireline Competition Bureau Digital Opportunity Fund. In the purpose when the specific procedures (Bureau), will issue a public notice interest of providing bidders flexibility for Auction 904 are adopted, the identifying the applications that are in aligning their bidding strategies with Commission will use the more recent complete and those that are incomplete. future expansion and construction plans data to determine the eligible areas. Applications that are incomplete in Auction 903, the Commission After the challenge process is because of minor defects may be adopted census block groups as the completed, the Commission will corrected, and the public notice will set minimum biddable area. Although the publish a final list and map of eligible a deadline for the resubmission of Commission determined that support census blocks. corrected applications. After reviewing would be available only for specific 10. The Commission proposes to the resubmitted applications, and in eligible census blocks, the Commission round the reserve price for each advance of the start of bidding in determined that support would be biddable area to the nearest dollar Auction 904, OEA, in conjunction with available only for specific eligible consistent with its rounding approach the Bureau, will announce all qualified census blocks, the Commission for the CAF Phase II auction. In the bidders for the auction. Qualified concluded it was appropriate to Rural Digital Opportunity Fund Order, bidders are those applicants that aggregate those eligible census blocks the Commission adopted a methodology submitted short-form applications into their respective census block for calculating area-specific reserve deemed timely-filed, complete, and groups for purposes of bidding. prices. Because the Commission expects meeting the requirements to bid. 7. In the Rural Digital Opportunity that auction participants will place bids However, the finding from Commission Fund Order, the Commission concluded for annual support amounts, the staff that a short-form application is that support would be available only to Commission proposes to multiply the complete and that an applicant is specific eligible census blocks, but monthly reserve price for a biddable qualified to bid only qualifies the indicated that the minimum geographic area by 12 and round that figure to the applicant to participate in the bidding; area for bidding would be no smaller nearest dollar. Thus, any biddable area it does not authorize a winning bidder than a census block group containing that has an annual reserve price of less to receive Rural Digital Opportunity one or more eligible census blocks, and than $0.50 would be ineligible for the Fund support. reserved the option to select tracts, or Rural Digital Opportunity Fund auction. 14. Long-form Application. After other groupings of areas, when the Auction 904 concludes, each winning Commission finalized the auction III. Proposed Application Requirements bidder must submit a long-form design to limit the number of discrete 11. The Rural Digital Opportunity application that Commission staff will biddable units. Based on the decisions Fund Order adopted a two-stage review to determine whether the the Commission made in the Rural application filing process for the winning bidder meets the eligibility Digital Opportunity Fund Order auction. The two stages consist of a pre- requirements for receiving Rural Digital regarding the areas that will be eligible auction short-form application and a Opportunity Fund support and has the for bidding, the Commission estimates post-auction long-form application. In financial and technical qualifications to that prior to the challenge process, there its short-form application, a potential meet the obligations associated with

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such support. Each winning bidder operating company that is assigned one short-form application a brief must submit information about its or more winning bids will be required description of any agreement related to qualifications, funding and the network to file a long-form application in its own the applicant’s participation in the it intends to use to meet its obligations. name to seek authorization for Rural Rural Digital Opportunity Fund auction. Prior to being authorized to receive Digital Opportunity Fund support. The 21. The Commission would limit its Rural Digital Opportunity Fund support, Commission would require that entities proposal to auction applicants. The each winning bidder must demonstrate filing the long-form application be Commission cautions non-applicant that it has been designated as an eligible operating companies or consortium/ entities that any joint venture, telecommunications carrier (ETC) in the joint venture members that were named consortium, or other arrangement into area(s) where it was awarded support in the short-form application or newly which they enter must be consistent and must obtain a letter of credit from formed entities that are controlled by with the antitrust laws and must a bank meeting the Commission’s the applicant or one or more of its otherwise not be prohibited by law. eligibility requirements. If a winning members. Further, the Commission 22. The Commission proposes to bidder is not authorized to receive a proposes that the identified operating require each applicant to certify in its Rural Digital Opportunity Fund support company be the entity that is designated short-form application that it has not (e.g., the bidder fails to file or prosecute as the ETC by the relevant states in the entered into any explicit or implicit its long-form application or its long- areas covered by the winning bids and agreements, arrangements, or form application is dismissed or is named in the letter of credit understandings of any kind related to denied), the winning bidder is in default applicable to the specific winning bids the support to be sought through the and therefore subject to forfeiture. for which it becomes authorized for Rural Digital Opportunity Fund auction, support. other than those disclosed in the short- A. Applicants and State Selections 19. If during short-form application form application. The Commission 15. The Commission proposes to review Commission staff identifies further proposes requiring each winning require each applicant to identify in its separate applicants that are commonly bidder to submit in its long-form short-form application each state in controlled, the Commission proposes application any updated information which it intends to bid for support in that all such applications would be regarding the agreements, arrangements, the Rural Digital Opportunity Fund deemed to be incomplete on initial or understandings related to its Rural auction. An applicant will be able to review. The applicants would be Digital Opportunity Fund auction place bids for eligible areas only in the informed of the issue, and only one support disclosed in its short-form states identified in its application. applicant would ultimately be deemed application. A winning bidder may also 16. In Auction 903, the Commission qualified to bid, assuming that there be required to disclose in its long-form allowed entities that were commonly were no remaining issues with its application the specific terms, controlled to file separate applications application. Because the rule conditions, and parties involved in any so long as they did not select the same prohibiting certain communications in agreement into which it has entered and state(s), and if they were qualified, to section 1.21002(b) would prohibit the the agreement itself. bid separately. The Commission affected applicants from communicating 23. The rule prohibiting certain considers a different approach and with respect to their determination of communications in universal service proposes to prohibit the submission of which entity would be the single support auctions contains an exception more than one application by commonly applicant, commonly controlled entities for applicants that are members of a controlled entities for Auction 904 should coordinate on the submission of joint bidding arrangement that is under any circumstances. one application before the short-form identified on the short-form application. 17. To identify commonly controlled application deadline. The Commission seeks comment on its entities, the Commission proposes to 20. The Commission proposes to ban authority to prohibit joint bidding use the same definition of a controlling applicants from entering into joint arrangements between or among interest as the Commission used in the bidding arrangements for Auction 904, applicants for Auction 904, which CAF Phase II auction. The Commission consistent with its practice in spectrum would render that exception to the proposes to define a ‘‘controlling auctions. For purposes of this prohibited communications rule interest’’ for purposes of the Rural prohibition, the Commission would inapplicable. Digital Opportunity Fund auction as an define ‘‘joint bidding arrangements’’ as 24. The Commission is proposing no individual or entity with positive or it did for Auction 903 as arrangements further modifications with respect to the negative de jure or de facto control of between or among applicants that (1) applicability of the prohibited the applicant. relate to any eligible area in the Rural communications rule for Auction 904. 18. The Commission expects to adopt Digital Opportunity Fund auction, and As set forth in section 1.21002 of the a Divide Winning Bids process for this (2) address or communicate bids or Commission’s rules, an applicant in auction similar to that employed in bidding strategies, including Auction 904 (and any party that controls Auction 903. During the long-form arrangements regarding Rural Digital or is controlled by an applicant) is application process, a winning bidder Opportunity Fund support levels (i.e., prohibited from cooperating or would have the opportunity to assign bidding percentages) and specific areas collaborating with any other applicant some or all of its winning bids to related on which to bid, as well as any with respect to its own or any other operating companies. As in Auction arrangements relating to the post- applicant’s bids or bidding strategies, 903, while the Commission would auction market structure in an eligible and from communicating with any other permit a winning bidder to assign area. As a result, if two or more applicant in any manner the substance winning bids to more than one applicants are parties to an agreement of its own or any other applicant’s bids operating company in each state, the that falls within this definition, they or bidding strategies during the Commission proposes that a winning would be prohibited from bidding in the prohibition period. bidder would not be allowed to split Rural Digital Opportunity Fund auction. 25. The Commission observes that any winning bid among multiple To aid in the identification of such NTCA asserts that an attestation made operating companies. In addition, the arrangements, the Commission proposes by a third-party consultant assisting Commission proposes that any requiring an applicant to provide in its multiple bidders could address its

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concerns regarding collusive conduct by any additional information that the information in its short-form application auction applicants. Even with such an Commission may require to establish its in connection with those certifications. attestation, however, the Commission eligibility for the selected performance 31. The Commission proposes making would continue to be wary of the tier and latency combinations. such determinations on a state-by-state potential harm to competition in the 29. The Commission intends to use basis. Accordingly, for each selected auction from a third-party individual the short-form application to assess the performance tier and latency who is aware of one bidder’s bids or likelihood that an applicant would combination, an applicant will be bidding strategies while advising default if selected as a winning bidder. required to independently demonstrate another bidder. Accordingly, the If the applicant becomes qualified to bid how it intends to provision service if Commission proposes that the guidance in the Rural Digital Opportunity Fund awarded support and that it is in the Auction 903 Procedures Public auction and subsequently becomes a reasonably capable of meeting the Notice regarding the significant risk of winning bidder, Commission staff will relevant public interest obligations for applicants violating the prohibited evaluate the information submitted in each state it selects. communications by employing the same the long-form application and will rely 32. The Commission proposes to third party for bidding advice would on the applicant’s letter of credit to require each applicant to answer the continue to apply. determine whether an applicant is questions listed in Appendix A to the 26. The Commission seeks comment capable of meeting its Rural Digital Public Notice for each state it selects in on these proposals and whether they Opportunity Fund auction obligations its application. The questions are efficiently and effectively promote in the specific areas where it has been substantially similar to the questions straightforward bidding and safeguard selected as a winning bidder. that were included in the CAF Phase II the integrity of the auction. Accordingly, a determination at the auction short-form application. The short-form stage that an applicant is Commission found that in most B. Eligibility To Bid for Performance eligible to bid for a performance tier and instances the questions elicited Tier and Latency Combinations latency combination would not information at a sufficient level of detail 27. In general, the Commission preclude a determination at the long- for its staff to verify that each applicant proposes to collect the same information form application stage that an applicant had developed a preliminary design or and use the same process that was used does not meet the technical business case for meeting the public for the CAF Phase II auction for qualifications for the performance tier interest obligations for its selected Commission staff to determine, at the and latency combination and thus will performance tier and latency short-form application stage and in not be authorized to receive Rural combinations, without imposing undue advance of the start of bidding in the Digital Opportunity Fund support. In burdens on applicants or staff. However, auction, each applicant’s eligibility to addition, the Commission’s adoption of the Commission proposes some edits to bid for the performance tier and latency certain non-compliance measures in the the questions to improve clarity and combinations it has selected in its event of default—both before a winning better elicit information that the application. The Commission seeks bidder is authorized for support and if Commission found useful in making comment on specific improvements to a winning bidder does not fulfill its eligibility determinations for the CAF the CAF Phase II auction short-form Rural Digital Opportunity Fund Phase II auction. The Commission also application and the process used for obligations after it has been proposes providing examples for the that auction based on lessons learned to authorized—should encourage each types of information the Commission ensure that the Commission collects applicant to select performance tier and would expect an applicant to submit. sufficient information to assess an latency combinations with public The Commission seeks comment on the applicant’s technical qualifications to interest obligations that it can questions proposed and whether there bid for specific performance tier and reasonably expect to meet. are other changes or clarifications the latency combinations while minimizing 30. Operational Information. The Commission should make, or additional the burdens on applicants and Commission seeks comment on questions the Commission should ask. Commission staff. proposals for implementing its decision 33. Assumptions. The Commission 28. In the Rural Digital Opportunity to collect high-level operational seeks comment on the assumptions an Fund Order, the Commission concluded information from each applicant to applicant will need to make about that it would accept bids for four enable its staff to determine whether the network usage and subscription rates performance tiers with varying speed applicant is expected to be reasonably when determining whether it can meet and usage allowances and, with respect capable of meeting the public interest the public interest obligations for its to each tier, would provide for bids at obligations (e.g., speed, usage, latency, selected performance tier and latency either high or low latency. Each and build-out milestones) for each combination(s). For example, the applicant for the Rural Digital performance tier and latency Commission’s rules require that each Opportunity Fund auction must combination that it selected in its long-form applicant provide in its long- indicate in its short-form application the application. Each applicant seeking to form application a certification by a performance tier and latency participate in the Rural Digital professional engineer that the combinations for which it intends to bid Opportunity Fund auction is required to applicant’s proposed network can and the technologies it intends to make certain certifications in its short- deliver the required service to at least deploy to meet the relevant public form application, including a 95% of the required number of interest obligations. Additionally, each certification that it is technically locations. Because Rural Digital Rural Digital Opportunity Fund auction qualified to meet the public interest Opportunity Fund support recipients applicant must indicate whether it has obligations in each tier and in each area will ultimately be required to offer at least two years’ experience providing for which it seeks support, and a service to 100% of the actual locations a voice, broadband, and/or electric certification regarding its experience in in their service areas and offer service distribution or transmission service and providing voice, broadband, and/or to newly built locations upon must submit certain financial electric distribution or transmission reasonable request that were built prior information. The Commission’s rules service. The Commission’s rules also to milestone year eight, the Commission also require each applicant to submit require an applicant to submit certain proposes that its staff also review the

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information provided in the short-form band chart used for the CAF Phase II any information that a provider has and long-form applications to verify the auction to include some additional submitted to the Commission in other applicant has the plans and capability to frequencies for the Upper Microwave contexts when determining whether a scale the network if necessary. Flexible Use Service. service provider is reasonably capable of 34. The Commission also seeks 38. The Commission seeks comment meeting the public interest obligations comment on the proposal to require on whether the individual bands for its selected performance tier and each service provider to assume a proposed in Appendix B—or, in some latency combinations. This other subscription rate of at least 70% for both cases, the blocks within them, information would include but voice services and broadband services individually or in combination with potentially not be limited to data when determining whether it can meet each other—provide sufficient uplink or reported in FCC Form 477 Voice the public interest obligations for its downlink bandwidth to support the Telephone Services and internet Access selected performance tier and latency wireless technologies that a provider Services Reports (FCC Form 477), FCC combinations. This subscription rate is may use to meet the Rural Digital Form 481 Carrier Annual Reporting Data consistent with the assumptions made Opportunity Fund obligations. Are there Collection Form (FCC Form 481), FCC in the Connect America Cost Model other spectrum bands that can offer Form 499–A Annual (CAM) when calculating the amount of sufficient uplink or downlink Telecommunications Reporting support made available and is also the bandwidth—individually or in Worksheet (FCC Form 499–A), and any subscription rate assumption required combination—to meet the various public information. For example, for CAF Phase II auction applicants. performance tier and latency Commission staff may consider whether 35. The Commission seeks comment combination qualifications? If so, what an applicant already offers service that on these assumptions and on whether last mile technologies and meets the public interest obligations the Commission should set any other corresponding last mile network associated with its selected performance parameters for assumptions about the architecture can be used in those tier and latency combinations and the network that will be used to meet Rural spectrum bands? number of subscribers to that service. Digital Opportunity Fund obligations. 39. The Commission also seeks 41. The Commission proposes to 36. Spectrum Access. The comment on how an applicant can collect information in the short-form Commission seeks comment on the demonstrate that it has sufficient access application about the unique identifiers spectrum bands—both licensed and to spectrum if it intends to participate a provider uses to submit this data to unlicensed—that could be used to meet in auction proceedings that are the Commission. Specifically, the Rural Digital Opportunity Fund public occurring around the same time of the Commission proposes to collect in the interest obligations. The Rural Digital Rural Digital Opportunity Fund short- short-form application for any applicant Opportunity Fund auction rules require form application process. In the Rural or its parent company (or in the case of a short-form applicant that plans to use Digital Opportunity Fund Order, the a holding company applicant, its radiofrequency spectrum to demonstrate Commission would permit an applicant operating companies): (1) Any FCC that it has (1) the proper spectrum use that plans to operate on the 3550–3650 Registration Numbers (FRNs) used to authorizations, if applicable; (2) access MHz band using a priority access submit their FCC Form 477 data for the to operate on the spectrum it intends to license that will be subject to auction past two years; (2) any associated study use; and (3) sufficient spectrum with bidding scheduled to begin in June area codes (SAC) that indicate the resources to cover peak network usage 2020 to indicate the status of its applicant, its parent company, or its and meet the minimum performance participation in that auction (consistent operating companies are an existing requirements to serve the fixed locations with auction procedures regarding the ETC; and (3) any FCC Form 499 filer in eligible areas. For the described disclosure of non-public auction-related identification numbers used to file an spectrum access to be sufficient as of the information) as long as it provides FCC Form 499–A in the past year, if date of the short-form application, the alternatives for how it intends to meet applicable. applicant must have obtained any its obligations if it were not awarded a 42. The Commission reminds all necessary approvals from the license. But this is not the only interested parties that because FCC Commission for the spectrum, if spectrum auction with proceedings Form 477 data are used to verify an applicable. The Rural Digital taking place this year. For example, the applicant’s operating history and Opportunity Fund auction short-form Commission has Spectrum Frontiers current service offerings as well as to application rules also require an auction proceedings in various stages identify areas that are eligible for the applicant to certify that it will retain and the 2.5 GHz Rural Tribal Priority auction, they should ensure that they such authorizations for 10 years. Window this year. As such, the have filed and will timely file all 37. In Appendix B to the Public Commission proposes allowing an required FCC Form 477 data. Notice, the Commission identifies the applicant that intends to participate in 43. The Commission seeks comment licensed and unlicensed spectrum any of these proceedings the same on its proposed collection and use of bands that could be used by a service option of indicating the status of its these various identifiers, and on provider operating in these bands to, at participation and providing alternatives whether there are other ways its staff a minimum, offer service meeting the for if it does not ultimately obtain a can leverage data that are already requirements for the minimum license. Should the Commission also reported to the Commission to assess performance tier provided that the provide this option to an applicant that the qualifications of Rural Digital service provider is using sufficient intends to participate in any other Opportunity Fund applicants. bandwidth in the spectrum band(s) and upcoming spectrum auction 44. Limiting Eligibility to Bid for a technology that can operate on these proceedings? Certain Performance Tier and Latency spectrum bands consistent with 40. Collection and Use of Identifiers Combinations. The Commission applicable rules and regulations. This is Associated with Information Submitted proposes adopting prohibitions and a non-exhaustive list of spectrum bands to the Commission in Other Contexts. In presumptions for applicants selecting that an applicant could potentially use addition to information provided in a certain performance tier and latency to meet its public interest obligations. short-form application, the Commission combinations that may be inconsistent The Commission updated the spectrum proposes to allow its staff to consider with the technologies they intend to use

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to meet their Rural Digital Opportunity high-latency tier in the CAF Phase II staff to determine whether the applicant Fund auction public interest auction. has planned how it would provide obligations. 47. Third, the Commission proposes service if awarded support and is 45. First, the Commission proposes precluding any applicant that intends to therefore expected to be reasonably prohibiting providers that intend to use use fixed wireless or DSL technologies capable of meeting the public interest geostationary or medium earth orbit from bidding in the Gigabit tier if the obligations for its selected performance satellites from selecting low latency in applicant has not reported offering tier and latency combinations in its combination with any of the Gigabit broadband service in its FCC selected states. The Commission performance tiers. Some service Form 477 data. Based on FCC Form 477 proposes that if staff finds that an providers that use these satellite data as of December 31, 2018, 98% of applicant is reasonably expected to be technologies have acknowledged that fixed wireless and DSL providers have capable of meeting the relevant public they cannot meet the low latency not reported offering Gigabit speeds, interest obligations in a state, the requirement that 95% or more of all and only 17% have reported offering applicant would be eligible to bid for its peak period measurements of network speeds of 100 Mbps or above. By selected performance tier and latency round trip latency are at or below 100 contrast, 82% of optical carrier/fiber-to- combinations in that state. milliseconds. In contrast, SpaceX the-end-user providers report offering 51. If Commission staff, in its initial contends that its low-earth orbit satellite broadband at 100 Mbps speeds. No review, is unable to find that an service can meet the low-latency service provider proposing to use either applicant can reasonably be expected to threshold. The Commission seeks fixed wireless or DSL qualified to bid in meet the relevant public interest comment on whether such providers the Gigabit tier for the CAF Phase II obligations based on the information should also be prohibited from selecting auction. Given the continued lack of submitted in its short-form application, low latency in combination with any of widespread reported deployment at Commission staff would deem the the performance tiers. Should higher speeds, it appears unreasonable application incomplete, and the applicants proposing to use any other to expect that an applicant choosing to applicant would have another types of technologies be prohibited from use either fixed wireless or DSL would opportunity during the application selecting low latency? be able to offer Gigabit speeds by the resubmission period to submit 46. Second, the Commission proposes first service milestone unless it has a additional information to demonstrate prohibiting geostationary satellite reported history of offering such speeds. that it meets this standard. Commission providers from bidding in the Gigabit 48. The Commission seeks comment staff would notify the applicant that performance tier and the Above on the proposals for determining an additional information is required to Baseline performance tier. The applicant’s eligibility to bid on the assess the applicant’s eligibility to bid Commission sees no evidence that performance tier and latency for any or all of the specific states and geostationary satellite providers already combination(s) selected in its short-form performance tier and latency offer service that meets all the application. Should the Commission combinations selected in its short-form requirements for these performance adopt any additional prohibitions or application. During the application tiers. An applicant that bids in the presumptions for applicants intending resubmission period, an applicant Gigabit tier must commit to offering to use other types of technologies? A would be able to submit additional broadband at speeds of at least 1 Gbps/ party submitting alternative proposals information to establish its eligibility to 500 Mbps with a monthly usage should explain how its proposal bid for the relevant performance tier and allowance of at least 2 terabytes, and an appropriately balances the latency combinations. An applicant applicant that bids in the Above Commission’s objectives of assessing an would also have the option of selecting Baseline tier must commit to offering applicant’s capability to meet the Rural a lesser performance tier and latency broadband at speeds of at least 100/20 Digital Opportunity Fund public combination for which it might be more Mbps with a monthly usage allowance interest obligations and not imposing technically qualified. The Commission of at least 2 terabytes. Viasat is the only undue costs on applicants or would consider this to be a permissible geostationary satellite provider that Commission staff. minor modification of the short-form reports offering downstream speeds of 49. The Commission is not inclined to application. Once the application 100 Mbps in FCC Form 477 data (as of adopt performance tier and latency resubmission period has ended, December 31, 2018) to consumers in prohibitions for nascent technologies. Commission staff would make its final certain areas, and it reports associated Rather, the Commission proposes that determination of an applicant’s upload speeds of only 4 Mbps. Notably, its staff review applications from eligibility to bid for any or all of the Viasat bid to provide service at speeds providers using nascent technologies on specific states and performance tier and of 10/1 Mbps and 25/3 Mbps in the CAF a case-by-case basis to determine latency combinations selected in its Phase II auction. While both Viasat and whether they can reasonably be application, and then notify each Hughes offer unlimited data plans in expected to meet the specific applicant in which states and for which some areas, consumers may experience requirements of the Rural Digital performance tier and latency lower speeds once they exceed a certain Opportunity Fund. In such cases—as in combinations it is eligible to bid. The data limit as low as 150 GB. The all cases—Commission staff would have bidding system will be configured to Commission also seeks comment on the authority to determine the specific permit a bidder to bid only in the whether to more generally prohibit any performance tier(s) and latency for state(s) and for the performance tier and service provider that intends to place a which an applicant would be qualified, latency combinations on which it is high-latency bid from selecting either if any. deemed eligible to bid. the Gigabit or Above Baseline 50. Evaluating Eligibility to Bid on 52. The Commission seeks comment performance tier. Are there any high- Selected Performance Tier and Latency on its proposals to use the same process latency technologies that could Combinations. The Commission as in the CAF Phase II auction and on reasonably be expected to meet the proposes that its staff review the whether any changes should be made to requirements for the Gigabit and Above information submitted by an applicant the standard of review or eligibility Baseline performance tiers? Viasat was in its short-form application and any determination process to account for the only service provider that bid in the other relevant information available to lessons learned.

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C. Financial Qualifications framework.’’ An auditor’s findings fulfilling the Rural Digital Opportunity 53. In the Rural Digital Opportunity regarding an entity’s inability to remain Fund obligations should it become a Fund Order, the Commission required in business for a reasonable period of winning bidder. The Commission seeks all applicants to submit financial time would be reflected in a modified comment on this proposed approach statements with their short-form opinion or the opinion letter would and also seek proposals for equitable applications. An applicant certifying include an emphasis-of-matter and efficient approaches it could take to that it has provided voice, broadband, paragraph regarding going concern. review submitted financial statements. 56. An applicant that submits the and/or electric transmission or How could the Commission further required audited financial statements distribution services for at least two streamline its review of financial and has a clean opinion letter on the years and that it is audited in the statements but still adequately verify an submitted audited financial statements ordinary course of business must submit applicant’s financial qualifications? would be deemed financially qualified 59. The Commission staff’s audited financial statements from the to participate in the auction. determination at the short-form stage prior fiscal year that have been audited 57. For an applicant that does not that an applicant is financially qualified by an independent certified public have a clean opinion letter, Commission to bid would not preclude a accountant, including balance sheets, staff would first review whether the determination at the long-form and statements of net income and cash issue is material to the applicant’s application review stage that an flow along with a financial statement participation in the auction. If so, any applicant is not authorized to receive audit opinion letter. If such an applicant such applicants—and any applicants Rural Digital Opportunity Fund support. is not audited in the ordinary course of that submit unaudited financial The Commission’s rules require that, business, it has the option of submitting statements—would be subject to a during the long-form application stage, audited financial statements with the review of the full set of financial a winning bidder: (1) Certify that it will long-form application by a certain statements submitted with the short- have available funds for all project costs deadline if it is announced as a winning form application, as well as other that exceed the amount of Rural Digital bidder, but the applicant must submit information submitted with the Opportunity Fund support for the first unaudited financial statements with the application and/or information two years, (2) submit a description of short-form application. If an applicant submitted to the Commission in other how the required construction will be cannot certify that it has provided voice, contexts (e.g., financials filed with a funded, and (3) obtain a letter of credit broadband, and or electric transmission FCC Form 481, revenues reported in from a bank meeting the Commission’s or distribution services for at least two FCC Form 499, etc.). To the extent this requirements. years, it must submit (1) audited information does not sufficiently financial statements for the three most demonstrate that an applicant is D. Long-Form Application Requirements recent consecutive fiscal years, financially qualified, the application 60. The Commission proposes to including balance sheets, and will be deemed incomplete and the require each winning bidder (or its statements of net income, and cash flow, Commission may request further designee) to submit certain information and (2) a letter of interest from a information from the applicant during in its long-form application to aid qualified bank with terms acceptable to the application resubmission period. Commission staff in evaluating whether the Commission, stating that the bank 58. While the proposed approach may the winning bidder (or its designee) is would provide a letter of credit to the subject more applicants to a more in- technically and financially qualified to bidder if the bidder were selected for depth financial review, a more tailored meet the relevant Rural Digital certain levels of support. financial review of each relevant Opportunity Fund public interest 54. The Commission seeks comment application and other available obligations in the areas where it was on how it should review the financial information would help the awarded support. A long-form applicant statements that an applicant submits Commission to better identify the must also provide in its long-form with its short-form application. Based applicants that may have difficulty application more in-depth information on its experience with the CAF Phase II meeting the relevant public interest regarding the networks it intends to use auction, the Commission proposes to obligations due to various factors to meet its Rural Digital Opportunity deviate from the approach it previously including their financial situation. Fund obligations and how it intends to took during the short-form application Although Commission staff would take fund such networks. Among other process of requiring each applicant to into account the financial metrics in an things, the Commission proposes to identify specific metrics from its applicant’s financial statements as part require each applicant to provide in its financial statements and scoring of this review, those metrics would not long-form application any updates to its applications based on those metrics. by themselves definitively qualify or spectrum authorizations or spectrum 55. The Commission proposes instead disqualify applicants. The Commission access and to certify in its long-form that an applicant submitting audited would decline to define specific application that it will retain access to financial statements with its short-form parameters for the review of an the spectrum for at least 10 years from application will be required to identify applicant that does not have a clean the date of the funding authorization. whether it has a clean opinion letter on opinion letter on its audited financial The Commission seeks comment on its audited financial statements. The statements or an applicant that submits these proposals. Commission will consider an opinion unaudited financial statements because 61. The Commission also would letter to be clean if it has an unmodified the Commission observed for the CAF provide guidance in a future public opinion without an emphasis-of-matter Phase II auction that each applicant’s notice regarding the specific types of paragraph regarding whether there is a financial circumstances differ. Instead, information the Commission expects going concern. An unmodified opinion the Commission would seek to tailor the each long-form applicant to include in is one where ‘‘the auditor concludes review to each applicant’s its long-form application to successfully that the [audited] financial statements circumstances and determine based on meet the requirement to provide a are presented fairly, in all material the totality of information available description of the technology and respects, in accordance with the whether it is reasonable to expect that system design it will use to meet its applicable financial reporting the applicant is financially capable of Rural Digital Opportunity Fund public

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interest obligations and a network combination at any percentage that is A. Bid Collection diagram. The Commission invites greater than or equal to the round’s 1. Round Structure parties to comment on whether and how clock percentage and less than the the guidance it provided for the CAF previous round’s clock percentage. A 67. The Commission proposes that the Phase II auction should be updated or bid indicates that the bidder is willing Rural Digital Opportunity Fund clarified for the Rural Digital to provide service to the area that meets descending clock auction will consist of Opportunity Fund auction. the specified performance tier and sequential bidding rounds according to an announced schedule providing the IV. Proposed Bidding Procedures latency requirements in exchange for support that is no less than the support start time and closing time of each 62. The Commission will use a amount implied by the bid percentage. bidding round. The Commission descending clock auction to identify the proposes to retain the discretion to providers that will be assigned to 65. The clock percentage will change the bidding schedule—with receive Rural Digital Opportunity Fund continue to descend in a series of advance notice to bidders—in order to support and to establish the amount of bidding rounds, implying diminishing foster an auction pace that reasonably support that each bidder will be eligible support amounts, until the aggregate balances speed with giving bidders to receive, subject to post-auction amount of requested support sufficient time to study round results application review. In the Rural Digital represented by the bids placed in a and adjust bidding strategies. OEA may Opportunity Fund Order, the round at the clock percentage is no modify the amount of time for bidding Commission concluded that bids for greater than the budget. At that point, rounds, the amount of time between different areas at specified performance when the budget ‘‘clears,’’ the bidding rounds, or the number of rounds per tier and latency levels will be compared system will begin to assign support, day, depending on bidding activity and to each other based on the percentage prioritizing bids with lower T+L other factors. The Commission seeks each bid represents of their respective weights according to the proposed bid comment on this proposal. Commenters areas’ reserve prices; however, once the processing procedures. Bidding will suggesting alternatives to this proposal budget has cleared, the Commission will continue for areas that were bid at the should address any other means to prioritize bids with lower tier and round’s clock percentage and have not manage the auction pace. latency weights. The Commission also been assigned, and the clock will 2. Clock Percentages and Implied directs OEA, in conjunction with the continue to descend in subsequent Support Amounts Based on Bureau, to release a guide that provides rounds. When there is no longer Performance Tier and Latency Weights further technical and mathematical competition for any area, the auction detail regarding the bidding, will end. Because of the second-price 68. The Commission proposes that assignment, and support amount rule, a winning bidder will be assigned under the descending clock auction determination procedures proposed support in amounts at least as high as format, the clock will be denominated here. In addition, the Commission seeks the support amounts corresponding to in terms of a percentage, which will be comment on what types of additional its bid percentages. decremented for each round. To information (e.g., fact sheets and user determine the annual support amount 66. The bidding procedures the guides) it could make available to help for an area implied at each percentage, Commission proposes for the Rural educate parties, particularly those that the percentage is multiplied by the Digital Opportunity Fund auction are have never participated in a reserve price of the area, adjusted for the the same as those used in the CAF Phase Commission auction. The Commission T+L weight of the bid. also seeks comment on whether the II auction, with several modifications. 69. In the Rural Digital Opportunity Commission’s Office of As adopted in the Rural Digital Fund Order, the Commission concluded Communications Business Opportunity Fund Order, once the that it would accept bids for four Opportunities should engage with small budget has cleared, the bid processing performance tiers with varying speed providers interested in the auction procedures will prioritize bids with and usage allowances and, for each process. lower T+L weights. In line with this performance tier, would provide for 63. The auction will be conducted modification, the Commission proposes bids at either high or low latency. The over the internet, and bidders will to require all areas within a package bid Commission also decided to consider all upload bids in a specified file format for to be bid at the same T+L weight. The bids simultaneously so that bidders processing by the bidding system. The Commission also proposes to set a proposing varying performance bidding system will announce a clock maximum amount of implied support standards would be competing directly percentage before each round. The clock for which a bidder may bid in a round, against each other for the limited Rural percentage is used to delimit the range and the Commission proposes to set that Digital Opportunity Fund budget, but to of acceptable bid percentages in each limit at 100% of the Rural Digital provide an assignment preference for round of the auction and as a common Opportunity Fund budget. The bids with lower T+L weights once the unit to compare bids for different Commission further proposes that the budget has cleared. In addition, the performance tiers and latencies, which bidding system will consider bids Commission decided that bidders would were assigned weights (‘‘T+L weights’’) submitted at the clock percentage of the bid for support expressed as a fraction in the Rural Digital Opportunity Fund previous round, if bid processing of an area’s reserve price. Order. procedures in the clearing round cannot 70. In the Rural Digital Opportunity 64. The Commission proposes to have assign the full budget to bids submitted Fund Order, the Commission adopted the clock percentage begin at a high in the clearing round. Finally, the weights to compare bids for the different level, implying a support amount that is Commission seeks comment on a performance tiers and latency equal to or close to the full reserve modification to the information combinations. The Commission price, even for bids at the largest T+L available to bidders during the auction determined that Minimum performance weight, and descend from one round to that would make available after each tier bids will have a 50 weight; Baseline the next. In a round, a bidder can round the lowest T+L weight in each performance tier bids will have a 35 submit a bid for a given area at a bidding area that has two or more bids weight; Above Baseline performance tier specified performance tier and latency at the prior round’s clock percentage. bids will have a 20 weight; and Gigabit

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performance tier bids will have zero respective performance tier weight. The weight uniquely defines a performance weight. Moreover, high-latency bids will lowest possible weight for a tier and latency combination, as shown have a 40 weight and low latency bids performance tier and latency is 0, and in the table. will have zero weight added to their the highest possible weight is 90. Each

WEIGHTS FOR PERFORMANCE TIERS AND LATENCIES

Minimum Baseline Above baseline Gigabit High latency Low latency High latency Low latency High latency Low latency High latency Low latency

90 50 75 35 60 20 40 0

The Commission’s proposal for a clock types. The Commission seeks comment price and the T+L weight specified in auction format with a clock percentage on this proposal. the bid. The annual support amount and weights for performance tier and 71. The Commission proposes that the implied at the clock percentage will be latency combinations implements these clock percentage in each round will the smaller of the reserve price and the Commission decisions and provides a imply a total amount of annual support annual support amount obtained by simple way to compare bids of multiple in dollars for each area available for using a formula that incorporates the bidding, based on the area’s reserve T+L weights. Specifically:

72. Because the highest implied previous round’s clock percentage, a support amount equal to or less than support amount can never exceed an specified up to two decimal places. This that implied by the clock percentage area’s reserve price, when the clock proposal will reduce the likelihood of will simply bid at the clock percentage. percentage is greater than 100, the total ties and allow bids to correspond to In rounds before the budget clears, a implied annual support for lower smaller increments in annual support bidder may bid at an intermediate price weighted performance tier and latency amounts. The Commission seeks point in one round and then bid again combinations may remain at an area’s comment on this proposal. for the same area in a subsequent round, reserve price for one or more rounds, 75. The Commission proposes that but its ability to do so is limited. In while the total implied annual support bids must imply a support amount that rounds after the budget clears, a bidder of one or more higher weighted is one percent or more of an area’s is not permitted to switch the areas for performance tier and latency reserve price to be acceptable. For a which it is bidding. combinations may be lower than an given performance tier and latency 4. Bidding for Geographic Areas area’s reserve price. When the clock combination, when the price point percentage is decremented below 100, percentage equals T+L, the formula 77. The Commission seeks comment the implied annual support for any implies that the annual support amount on the appropriate minimum geographic performance tier and latency is zero. When the price point percentage area for bidding. A bid in a minimum combination will be below an area’s equals T+L+1, the formula implies an geographic area is a bid for support for respective reserve price. annual support amount that is one the locations within all eligible census 73. The ‘‘implied support formula’’ percent of the area’s reserve price. blocks within that area. can be used to determine the implied Hence, a bid percentage must be at least 78. The Commission proposes to support at any price point percentage by T+L+1 for the bid to be accepted by the allow a bidder to place only one bid on substituting a given percentage for the bidding system. The Commission seeks a given geographic area in a round, clock percentage. The Commission comment on this proposal. whether that area is bid on singly or seeks comment on these proposals. 76. The Commission anticipates that included in a package bid. the ability to submit bids at price points 79. The Commission further proposes 3. Acceptable Bid Amounts other than the clock percentage, as that the total implied support of a single 74. The Commission proposes that, in proposed, will be especially useful to a bidder’s bids in any round not exceed the first round, a bidder may place a bid bidder when the lowest support amount the total Rural Digital Opportunity Fund at any price point percentage equal to or it will accept for an area corresponds to budget. The proposed clock auction greater than the clock percentage and a percentage between the clock procedures are intended to encourage equal to or less than the opening percentages for two consecutive rounds. straightforward bidding, and it would percentage, specified up to two decimal In such a case, the proposed option will not be possible for a single entity to win places. In each subsequent round, a allow the bidder to more precisely support that exceeds the full budget. bidder may place a bid at any price indicate the point at which it wishes to The Commission seeks comment on this point percentage equal to or greater than drop out of bidding for the area. In proposal. Should the Commission the clock percentage and less than the contrast, a bidder still willing to accept impose a different limit instead?

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a. Bid for a Single Area that the ratio of the total implied reduce bidders’ need to submit bids 80. A bid is an offer to serve all support of the subset to the total manually every bidding round and locations in eligible census blocks implied support of the list meets or provide bidders with a safeguard against within the indicated minimum biddable exceeds the bidder-specified minimum accidentally failing to submit a bid. area at the indicated performance tier scale percentage. With proxy bidding, a bidder could 83. The Commission proposes that a and latency combination for a total submit instructions for the system to bidder must bid to serve each biddable annual amount of support that is not continue to bid automatically for an area area in the package bid at the same less than the implied annual support at with a specified performance tier and performance tier and latency the price point percentage specified by latency combination in every round combination. Moreover, the the bidder and not more than the until either the clock percentage falls Commission proposes that every area in reserve price. In each round, a bid for below a bidder-specified proxy amount, a package bid must be in the same state. a single available biddable area with the bidder intervenes to change its bid, The Commission proposes that for a or the area is assigned, whichever reserve price R consists of two pieces: given round, a biddable area can appear A T+L weight and a price point that is happens first. Proxy bidding in at most one bid—either a single bid instructions for a single area or a a percentage not less than the current or a package bid—made by a given round’s clock percentage and is less package of areas would contain all the bidder. A bidder may change the information required for these bids, and than the previous round’s clock minimum scale percentage in any percentage. For a given round, a the specified price point percentage package bid from round to round. The would potentially be valid for multiple biddable area can be included in at most Commission seeks comment, as well, on one bid—whether a bid on a single area rounds. Proxy bidding instructions will whether it should set a limit on the total not be permitted to include instructions or a package bid on multiple areas— amount of implied support that may be made by a bidder, and a bidder can only for changes to the minimum scale included in a single package. Limiting percentage of a package bid nor to the bid on areas that are in states that the packages to the biddable areas within a bidder selected on its application. specified area or areas. state will impose a de facto limit on the 87. During a round, the bidding 81. The Commission proposes not to total support that may be included in a allow a bidder to change the system will generate a bid at the clock package bid, but the Commission asks percentage on behalf of the bidder as performance tier and latency whether a limit, lower than the combination in a bid for a particular long as the percentage specified in the maximum possible state-level amount of proxy instruction is less than or equal area from round to round. Once a bidder support, should also be implemented. to the current clock percentage. If the has submitted a bid for an area at a 84. The Commission also seeks proxy percentage exceeds the current particular performance tier and latency comment on the appropriate upper limit combination (which must be a of the bidder-specified minimum scale clock percentage but is lower than the performance tier and latency percentage. The Commission proposes prior round’s clock percentage, then the combination for the state for which the 75% as its defined maximum of the bidding system will generate a bid at the bidder qualified at the application stage) minimum scale percentage. The price point percentage of the proxy. any bids in subsequent rounds by that Commission proposes to use an upper These bids would be treated by the bidder for the same area must specify limit less than 100% so that small auction system in the same way as any the same performance tier and latency overlaps in the areas included in other bids placed in the auction. During combination. The Commission seeks package bids do not prevent support a bidding round, a bidder may cancel or comment on this proposal. from being assigned to a potentially enter new proxy bidding instructions. Because proxy instructions may expire b. Bid for a Package of Areas much larger number of areas included in the package bids, which could occur as the clock percentage descends and as 82. The Commission proposes if packages were assigned on an all-or- areas get assigned, even with proxy package bidding procedures that will nothing basis. bidding, bidders are strongly urged to give bidders the option to place bids to 85. The proposed package bidding monitor the progress of the auction to serve a bidder-specified list of biddable format permits a bidder to ensure that ensure that they do not need to cancel areas, with corresponding bid it will receive a minimum amount of or adjust their proxy instructions. The processing procedures that may assign support equal to the bidder’s specified Commission seeks comment on whether fewer than the full list of areas to the minimum scale requirement if the bid is to provide for proxy bidding in this bidder as long as the funding associated assigned, or no support if the bid is not way. with the assigned areas is at least equal assigned. The Commission seeks 88. Proxy bidding instructions will be to a bidder-specified percentage of the comment on the proposed package treated as confidential information and funding requested for the complete list bidding format. Will this package would not be disclosed to the public at of areas in the package. The bidding format facilitate packages that any time after the auction concludes, Commission proposes to allow a bidder include areas with diverse costs, because they may reveal cost to specify a package bid by providing a population densities, and other information that would not otherwise be list of biddable areas, a single characteristics, especially considering made public (e.g., if proxy bidding performance tier and latency that the Commission proposes not to instructions are not fully implemented combination, a single price point for the allow different T+L weights for the areas because the clock percentage does not areas in the list, and a minimum scale in the package? Would the option to fall as low as the specified proxy percentage for the package. The submit package bids be useful to both percentage). However, all submitted minimum scale percentage must be no bidders that have small networks and bids and the amount of support awarded higher than a maximum value defined bidders that have large networks? for any assigned bid, regardless of by the Commission, which will be less whether they were placed by the bidder than 100%. Thus, a package bid is an 5. Bids Placed by Proxy Bidding or by the bidding system according to offer by the bidder to serve any subset Instructions proxy bidding instructions, will be of areas in the list at the support amount 86. The Commission proposes to publicly disclosed. The Commission implied at the bid percentage, provided permit proxy bidding, which could seeks comment on these proposals.

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6. Activity Rules (i.e., the budget ‘‘clears’’), bid Therefore, if any applicant is qualified 89. The Commission proposes to processing will take the additional steps to bid to provide service at the measure a bidder’s bidding activity in a of beginning to assign support. Minimum performance tier and high 93. If, after the bids have been round in terms of implied support latency—a performance tier and latency processed in the clearing round, some dollars and to adopt activity rules that combination assigned a weight of 90— areas bid at the clock percentage have prevent a bidder’s activity in a round the Commission proposes that the clock not been assigned (e.g., because there from exceeding its activity in the percentage will start at 190%. Starting were multiple bids for an area at the previous round. the auction at this level will allow same T+L weight at the clock 90. The Commission proposes that a bidders at higher T+L weights multiple percentage), the bidding system will bidder’s activity in a round: (1) Be bidding rounds in which to compete for commence another round of bidding to calculated as the sum of the implied support simultaneously with bidders resolve the competition, and rounds support amounts (calculated at the bid offering lower T+L weights (i.e., higher will continue with bidding for these percentage) for all the areas bid for in performance). areas at lower clock percentages. 98. The Commission seeks comment the round, and (2) not exceed its activity 94. As a result of these proposed from the previous round. The on this approach to setting the opening procedures, the bids that can be percentage, and request that Commission further proposes that a assigned under the budget in the round bidder be limited in its ability to switch commenters, in considering the when the budget clears and in any later proposal, bear in mind the to bidding for support in different areas rounds will determine the areas that from round to round. Specifically, a Commission’s previous decisions to: (1) will be provided support under the Provide an opportunity for bidders bidder’s activity in a round from areas Rural Digital Opportunity Fund. At that the bidder did not bid on at the offering different performance standards most, one bid per area will be assigned to compete against each other for the previous round’s clock percentage support. The specifications of that bid, cannot exceed an amount determined by budget, and (2) balance this approach in turn, determine the performance tier with the use of performance scoring a percentage (the ‘‘switching and latency combination at which percentage’’) of the bidder’s total weights previously determined by the service will be provided to the eligible Commission. implied support from bids at the locations in the area. Additional details previous round’s clock percentage. The and examples of bid processing will be b. Clock Decrements Commission proposes to set this provided in the technical guide. 99. The Commission proposes to switching percentage at 20% for the 95. The Commission seeks comment decrement the clock percentage by 10 second round of the auction only, at generally on its proposed approach to points in each round. However, the 10% for subsequent rounds, and to give assigning bids and determining support Commission also proposes to provide OEA the discretion to change the amounts. The Commission asks any OEA with the discretion to change that switching percentage, with adequate commenters supporting an alternative amount during the auction if it appears notice, before a round begins. The approach to consider the goals of the that a lower or higher decrement would Commission also proposes not to allow Commission in the Rural Digital better manage the pace of the auction. any switching once the budget has Opportunity Fund proceeding, the For example, if bidding is proceeding cleared, that is, under this proposal, a decisions made to date on auction particularly slowly, the Commission bidder would be allowed to bid for an design, and how any suggested may increase the bid decrement to area only if the bidder bid for that area alternatives would integrate with other speed up the auction, recognizing that at the previous round’s clock percentage aspects of the auction design. bidders have the option of bidding at an and if that area has not yet been intra-round price point percentage if the assigned. 1. Clock Percentage clock percentage falls to a percentage 91. The Commission seeks comment 96. The Commission proposes that in corresponding to an amount of support on these proposed activity rules. In each of a series of discrete bidding that is no longer sufficient. The addition, the Commission asks for rounds, a bidder will be offered an Commission would begin the auction comment on the appropriate size of the amount of support for an area at a with a decrement of 10% and limit any switching percentage, and, if it is to be specified performance tier and latency further changes to the decrement to changed across rounds, when and how combination that is determined by the between 5% and 20%. it should be changed. Will the proposed clock percentage for the round and the 100. The Commission seeks comment 20/10 switching percentage allow a area’s reserve price. By bidding at that on this proposal. Alternatively, the bidder sufficient flexibility to react to clock percentage, the bidder indicates Commission seeks comment on using a other bidders’ bids from the prior that it is willing to provide the required decrement larger than 10% in the early round? service within the bid area in exchange rounds of the auction, when the implied for a payment at least as large as that B. Bid Processing support amounts of many bidders are implied by the clock percentage and the capped at the reserve price and 92. The Commission proposes that T+L weight. The opening percentage therefore are not changing from round to once a bidding round closes, the will determine the highest support round. The Commission also seeks bidding system will consider the amount that the bidder will be offered comment on circumstances under submitted bids to determine whether an in the auction for a given area and which it should consider changing the additional round of bidding at a lower performance tier and latency decrement during the auction. clock percentage is needed to bring the combination. amount of requested support down to a 2. Bid Processing After a Clock Round a. Opening Percentage level within the available budget. If the Before the Clearing Round total requested support at the clock 97. The Commission proposes to start percentage exceeds the budget, another the clock percentage at 100% plus an a. Aggregate Cost at the Clock bidding round occurs. In a round in additional percentage equal to the Percentage which the amount of overall requested largest T+L weight that is submitted by 101. After each round until the budget support falls to a level within the budget any qualified bidder in the auction. has cleared, the bidding system will

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calculate an ‘‘aggregate cost,’’ an considered in ascending order of T+L point percentages above the clearing estimate of what it would cost to assign weight. price point. support at the clock percentage to the 105. As it considers bids in ascending 109. The Commission further bids submitted in the round, in order to price point percentage order and then in proposes that, once the system has determine whether the budget will clear ascending T+L weight order, the system processed all the bids submitted in the in that round. More precisely, the assigns a bid with a given T+L weight round, if the system has determined that aggregate cost is the sum of the implied if no other bid for the same area has the clearing price point is equal to the support amounts for all the areas already been assigned, as long as the clock percentage of the previous round receiving bids at the clock percentage area did not receive bids at the clock and there is still available budget, the for the round, evaluated at the clock percentage at the same or at a lower T+L system will proceed to consider bids percentage. The calculation counts each weight and the areas to be assigned in submitted at the clock percentage of the area only once, even if the area receives a package bid meet the bid’s minimum previous round. These carried-forward bids, potentially including package bids, scale percentage. The bidding system bids will be considered in ascending from multiple bidders. If there are also checks to ensure that sufficient order of T+L weights, and bid-specific multiple bids for an area at different budget is available to assign the bid. pseudo-random numbers will be used to performance tier and latency 106. To determine whether there is break ties. This process will be combinations, the calculation uses the sufficient budget to support a bid, the addressed in more detail in the bid with the highest implied support bidding system keeps a running sum of technical guide. amount. If the aggregate cost for the support costs. This cost calculation at b. Support Amount Determination round exceeds the budget, the bidding price point percentages between and system will implement another round including the current and previous 110. To determine the support with a lower clock percentage. The clock percentages extends the concept amount for an assigned area, the system Commission seeks comment on this of the aggregate cost calculation (which considers whether there were any other proposed approach. identifies the clearing round) to take bids for the area in the round below the b. Clearing Determination into account, at sequential intermediate clearing price point. If there were no price points, the cost of bids that have other bids below the clearing price 102. The first round in which the been assigned so far and the estimated point, the assigned area is supported at aggregate cost is less than or equal to the cost for areas bid at the clock percentage the clearing price point. overall support budget is considered the that have not been assigned. 111. If a bid is assigned for an area ‘‘clearing round.’’ In the clearing round, 107. The Commission proposes that at that received more than one bid in the the Commission proposes to have the each ascending price point increment, round below the clearing price point, bidding system further process bids starting at the clock percentage, the the assigned bid is generally supported submitted in the round and, if running cost calculation is the sum of at the next higher price point percentage necessary, bids submitted at the support for three types of bids: (1) For at which there is a bid for the area. For previous round’s clock percentage, to assigned bids for which there were no example, if there are two bids for an determine those areas that can be other bids for support for their area below the clearing price point, the assigned and the support amounts respective areas at price points lower lower bid is supported at the bid winning bidders will receive. Once the than the currently-considered price percentage of the higher bid. clearing round has been identified, the point percentage, the system calculates 112. For any carried-forward bids system no longer calculates the the cost of providing support as the assigned in the clearing round, the aggregate cost, even if there are amount of support implied by the support amounts will be calculated subsequent bidding rounds. The currently considered price point, (2) for based on the clock percentage of the Commission seeks comment on this assigned bids for areas that did receive previous round. A carried-forward bid proposal. other bids at price points lower than the can be assigned in the clearing round 3. Bid Processing in the Clearing Round currently-considered price point, only if the system has determined that the clearing price point is equal to the 103. In the clearing round, the support is generally calculated as the clock percentage of the previous round. bidding system will consider bids in amount implied by the next-higher price 113. The Commission seeks comment more detail to determine which can be point at which the area received a bid on these assignment and pricing identified as winning, or ‘‘assigned,’’ (where next-higher is relative to the proposals for the clearing round. bids in that round; the ‘‘second prices’’ price point of the assigned bid, not the to be paid for winning bids; and which currently-considered price point), and 4. Bids and Bid Processing if the Budge bids will carry over for bidding in an (3) bids at the clearing round’s clock Cleared in a Previous Round percentage that have not been assigned additional bidding round or rounds. The a. Carried-Forward and Acceptable Bids Commission addresses the proposed are evaluated as they were in the pre- procedures for these determinations. clearing aggregate cost calculation: Only 114. Once the budget clears, further one bid per area is included in the bidding resolves competition for areas a. Assignment calculation, namely, the bid with the that were bid at the clock percentage of 104. The Commission proposes that highest implied support amount (i.e., the previous round and have not yet once bid processing has determined that the lowest T+L weight) evaluated at the been assigned. Therefore, bidding the current round is the clearing round, clock percentage. rounds continue after the clearing round the bidding system will begin to assign 108. Once the system has determined at lower clock percentages, but bids are winning bids, awarding support to at which of the bids submitted in the restricted to areas for which the bidder most one bid for a given area. The round are assigned, it then determines had bid at the previous round’s clock system considers all the bids submitted the highest price point percentage at percentage but which could not be in the round in ascending order of price which the total support cost of the assigned. Such bids may be for a given point percentage to determine which assigned bids does not exceed the unassigned area that received multiple bids can be assigned within the budget. budget (the ‘‘clearing price point’’). single bids, package bids that were not Bids at the same price point would be There will be no assigned bids at price assigned because the bidder’s minimum

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scale percentage for the package was not package meet the bid’s minimum scale Æ In rounds after the clearing round, met, or remainders of package bids— percentage. the bidder’s assigned support will also unassigned areas that formed part of 119. To determine the support be available. package bids that were partially amount for an assigned area, the system • Summary statistics of the bidder’s assigned. considers whether there were any other bidding in the previous round, 115. The Commission proposes that bids for the area in the round at the including: Æ these bids at the clock percentage for same or at a lower T+L weight. If there The number of areas for which it unassigned areas will carry forward were no other bids, the assigned area is bid, at the clock percentage and at other automatically to the next bidding round supported at the clock percentage of the price points, and the number of areas for at the previous round’s clock previous round, consistent with the which proxy instructions are in effect percentage, since the bidder had second-price rule. If a bid is assigned for for future rounds. Æ previously accepted that percentage. In an area that received more than one bid A list of the bidder’s carried- in the round at the same or at a lower forward bids. the round into which the bids carry Æ forward, the bidder may also bid for T+L weight, the assigned bid is After the clearing round, areas and support for these areas at the current generally supported at the next higher support amounts that have been price point percentage at which there is assigned to the bidder. round’s clock percentage or at • intermediate price points. In rounds a bid for the area at the same or at a For all eligible areas in all states, after the clearing round, a bidder cannot lower T+L weight. including those in which the bidder was switch to bidding for an area for which 120. If, after the bids of the round not qualified to bid or is not bidding, it did not bid at the previous round’s have been processed, one or more of the whether the number of bidders that clock percentage. areas with bids at the clock percentage placed bids at the previous round’s clock percentage was 0, 1, or 2 or more. 116. While bids for unassigned have not yet been assigned, there will be Æ another bidding round at a lower clock For the clearing round and any packages will carry forward at the subsequent round, bidders are also previous clock percentage, the bidder percentage, with the same restrictions on bids and following the same informed about which areas have been for such a package may group the bids assigned. for the areas in the package into smaller assignment and pricing procedures. 121. The Commission seeks comment 125. Prior to each round, the packages and bid on those smaller Commission also proposes to make packages at the current round’s on these proposed procedures for assigning bids and determining support available to each bidder the implied percentages. However, the unassigned support amounts at the round’s clock remainders of package bids partially amounts in rounds after the clearing round. percentage for the areas and assigned to the bidder will carry performance tier and latency forward as individual area bids. Any c. Closing Conditions combinations for which the bidder is bids the bidder places for the remainder 122. The auction will end once the eligible to bid. areas at the new round’s percentages overall budget has cleared if all areas 126. In addition to informing bidders must be bids for individual areas—that that were bid at the round’s clock whether the number of bidders that is, the bidder cannot create a new percentage were assigned during the bid placed bids at the previous round’s package of any of the unassigned processing of the round. clock percentage was 0, 1, or 2 or more, remainders. the Commission seeks comment on 117. The Commission proposes that d. Availability of Auction-Related making available to bidders the lowest proxy instructions, if at a price point Information T+L weight of any bid for each area in percentage below the clock percentage 123. The Commission proposes that which there were 2 or more bids at the of the previous round, generally the public will have access to certain round’s clock percentage. This continue to apply in rounds after the auction information, while auction information could encourage bidders clearing round under the same participants will have secure access to with relatively higher T+L weights to conditions that apply to other bids. For additional, non-public information. move some bids to areas where they package bids made by proxy that are may be more likely to win support, only partially assigned to the bidder, the (i) Information Available to Bidders thereby increasing the number of areas proxy instructions continue to apply to During the Auction receiving winning bids. Commenters the unassigned areas in the package bid. 124. The Commission proposes to should also consider whether this That is, the price point percentage limit the disclosure of information modification might negatively impact specified in the proxy instructions regarding bidding in the auction. After the auction, such as by risking collusion would apply to bids for the individual each round ends and before the next or discouraging participation by bidders remainder areas. round begins, the Commission proposes with higher T+L weights. The b. Bid Processing to make the following information Commission seeks comment on how available to individual bidders: this proposal could impact competition 118. When processing the bids of a • The clock percentage for the in the auction or affect potential round after the clearing round, the upcoming round. bidders’ interest. system considers bids for assignment • The aggregate cost at the previous and support amount determination in round’s clock percentage up until the (ii) Application Information Procedures ascending order of T+L weight and then budget clears. 127. The Commission proposes to in ascending order of price point Æ The aggregate cost at the clock withhold from the public, as well as percentage. The system assigns a bid percentage is not disclosed for the other applicants, the following with a given T+L weight if the area has clearing round or any later round. information related to the short-form not already been assigned, as long as the • The bidder’s activity, based on all application process at least until the area did not receive bids at the clock bids in the previous round, the implied auction closes and the results are percentage at the same or at a lower T+L support of the bidder’s bids at the clock announced: weight and, in the case of a package bid, percentage, and the implied support of • The state(s) selected by an as long as the areas to be assigned in the the bidder’s carried-forward bids. applicant.

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• The state(s) for which the applicant 130. After the close of bidding and c. Middle-Mile/Backhaul: What are has been determined to be qualified to announcement of auction results, the the relevant topologies, technologies bid. Commission proposes to make publicly and protocols and the corresponding • The performance tier and latency available all short-form application industry standards for the middle-mile/ combination(s) selected by an applicant. information and bidding data, except for backhaul network infrastructure in the • The spectrum access attachment an applicant’s operational information, applicant’s proposal? submitted with the short-form letter of interest, confidential financial d. Internet Access: What are the application. information, and proxy bidding relevant topologies, technologies and • The performance tier and latency instructions. protocols and the corresponding combination(s) for which the applicant 131. The Commission seeks comment industry standards for the internet has been determined to be eligible to bid on its proposals to limit the availability access network infrastructure in the and the associated weight for each of bidding information during the applicant’s proposal? This is the combination. auction and to adopt limited connection to major IXPs, transit • An applicant’s responses to the information procedures for the Rural providers, etc. questions in Appendix A and any Digital Opportunity Fund auction e. If the applicant is proposing to use supporting documentation submitted in concerning the application and bidding non-standard technologies and any attachment(s) that are intended to data that will be publicly available protocols, the applicant should identify demonstrate an applicant’s ability to before, during, and after the auction. which vendor(s) and product(s) are meet the public interest obligations for being considered and provide links to Proposed Auction 904 Short-Form the vendors’ websites and to publicly each performance tier and latency Application Operational Questions combination that the applicant has available technical specifications of the selected in its application. 132. Operational History. product(s). • Any financial information 1. Has the applicant previously 3. Voice Services: Briefly describe the contained in an applicant’s short-form deployed consumer broadband anticipated system(s) that will be used application for which the applicant has networks (Yes/No)? If so: to provide voice services to the requested confidential treatment under a. Provide the date range when applicant’s subscribers. Examples of the abbreviated process. broadband service was offered and in such solutions could include: (1) • An applicant’s letter of interest which state(s) service was offered. Internally designed and operated; (2) from a qualified bank that the bank Specify dates for each state. provided by a Managed Voice Service would provide a letter of credit to the b. Provide an estimate of how many Provider; or (3) or an OTT (Over-The- applicant. subscribers are currently served in each Top) solution available to subscribers state. (If the applicant is no longer via the applicant. If the applicant is All other application information that is providing service in any state, estimate considering multiple solutions, provide not subject to a request for confidential the number of customers that were information on each one and identify treatment under section 0.459 of the served at the beginning of the last full possible vendors or service providers. Commission’s rules would be publicly year that the applicant did provide 4. Network Performance: available upon the release of the public service.) a. Can the applicant demonstrate that notice announcing the status of c. What services (e.g., voice, video, the technology and the engineering submitted short-form applications after broadband internet access) were or are design will fully support the proposed initial review. provided in each state? performance tier, latency and voice 128. The Commission proposes to d. List any data-usage limit (data cap) service requirements for the requisite permit any applicant to use the used as part of existing broadband number of locations during peak periods abbreviated process under section access services. (Yes/No)? 0.459(a)(4) to request confidential e. What specific technologies and b. Briefly describe the capabilities of treatment of the financial information network architecture are used for last- the network technologies that will contained in its short-form application. mile; middle-mile/backhaul; and enable performance tier (speed and The abbreviated process would allow all internet interconnections? usage allowance), latency and (where applicants to answer a simple yes/no f. What are the deployed voice applicable) voice service mean opinion question on FCC Form 183 as to technologies and how are these voice score (MOS) requirements to be met. whether they wish their information to services implemented? This can include traffic management, be withheld from public inspection. The 133. Proposed Network(s) Using Quality of Service, over-building/ Commission will not grant requests to Funding from the Rural Digital scalability, using equipment that easily withhold financial data that applicants Opportunity Fund Auction. allows upgrades and other techniques. elsewhere disclose to the public, and Answer for each state the applicant c. State the target or design peak that information will be disclosed in the selected in its application: period over-subscription ratio(s) for the normal course. 2. Network Infrastructures: last-mile, middle-mile/backhaul and 129. The Commission would a. Briefly describe from a high-level internet interconnection that will be withhold information on the progress of network perspective which network used. Additionally, describe the basic the auction from the general public until architectures and technologies will be assumptions and calculation that will be after the close of bidding when auction used in the applicant’s proposed used in determining these ratios. results are announced. Accordingly, deployment. If there are variations by d. What general rules-of-thumb will during the auction, the public would state, region, or other criteria, describe be used to determine if any portion of not have access to such interim each network or location. the network infrastructure needs to be information as the current round, clock b. Last-mile: What are the relevant improved, upgraded or expanded to percentage, aggregate cost, or any topologies, technologies and protocols ensure the network is able to meet the summary statistics on bidding or and the corresponding industry required speed, latency and where assigned bids that may reveal or suggest standards for the last-mile network required voice quality? For example, the identities of bidders associated with infrastructure in the applicant’s taking action when (1) when middle- any specific bids. proposed deployment? mile link average peak period load is

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greater than 70%; when a link peak proposed performance tier and latency d. If the applicant will use third-party period load exceeds 95% more than 10 combination, can the applicant network management provider, identify times; when a router’s average peak demonstrate that potential vendors, any providers the applicant is currently period processing utilization exceeds integrators and other partners are able to considering. 70%; when an internet access link load provide commercially available and e. If the applicant will develop, exceeds 75% for a specified time period; fully compatible network equipment/ deploy and operate a new system can when call setup, call drop, call systems, interconnection, last mile the applicant demonstrate that it can completion rates meet or exceed technology and customer premise provide internally developed operations applicant targets. equipment (CPE) at cost consistent with systems for provisioning and e. For fixed broadband wireless access applicant’s buildout budget and in time maintaining the proposed network networks, describe how the proposed to meet service milestones (Yes/No)? including equipment and segments, frequency band(s) and technology Describe concisely the information and interconnections, CPE and customer attributes, for both last mile and sources of such information that the services at cost consistent with backhaul, will achieve the performance applicant could make available to applicant’s buildout budget and in time tier(s) and latency requirements to all support this response. to meet service milestones (Yes/No)? If locations. Specifically, describe how the 7. Network Management: not, can the applicant demonstrate that planned frequency bands, base station a. Briefly describe the method(s) that potential vendors, integrators, and other configuration, channel bandwidths, will be used to monitor, operate, partners are able to provide traffic assumptions and propagation problem resolution, provision and commercially available and fully assumptions and calculations yield optimize the network and associated compatible operations systems and tools sufficient capacity to all the planned services such as voice. Identify if the for provisioning and maintaining the locations. proposed solution is internally proposed network at cost consistent 5. Network Buildout: Can the developed and operated; expands with applicant’s buildout budget and in applicant demonstrate that all the existing systems; uses a third-party time to meet service milestones (Yes/ network buildout requirements to network management provider; or is No)? Describe concisely the information achieve all service milestones can be some variant or combination of these and sources of such information that the met (Yes/No)? The applicant will be methods. applicant could make available to required to submit a detailed project b. Remember to include how voice support these responses. plan in the long-form application if it is operations will be monitored, operated, 8. Satellite Networks: If the applicant named as a winning bidder. Describe problems resolved, provisioned and is using satellite technologies, identify concisely the information that the optimized as appropriate. which satellites would be used, and applicant would make available in such c. If the applicant will expand describe concisely the total satellite a detailed project plan. existing network management systems, capacity available, that is, capacity that 6. Network Equipment, Consultants describe how the current system is not currently in use for existing and Deployment Vendors: For the provides successful operations. subscribers.

PROPOSED AUCTION 904 SPECTRUM CHART

Paired licensed Unpaired licensed Unlicensed Spectrum band/service Uplink & downlink freq., Uplink freq., (MHz) Downlink freq., (MHz) (MHz) Unlicensed, (MHz)

600 MHz ...... 663–698 ...... 617–652 ...... Lower 700 MHz ...... 698–716 ...... 728–746 ...... 716–728 (Downlink only) .. Upper 700 MHz ...... 776–787 ...... 746–757 ...... 800 MHz SMR ...... 813.5/817–824 ...... 858.5/862–869 ...... Cellular ...... 824–849 ...... 869–894 ...... Broadband PCS ...... 1850–1915 ...... 1930–1995 ...... AWS–1 ...... 1710–1755 ...... 2110–2155 ...... AWS (H Block) ...... 1915–1920 ...... 1995–2000 ...... AWS–3 ...... 1755–1780 ...... 2155–2180 ...... 1695–1710 (Uplink only) ... AWS–4 ...... 2000–2020, 2180–2200, (Downlink only). BRS/EBS ...... 2496–2690 ...... WCS ...... 2305–2315 ...... 2350–2360 ...... 2315–2320, 2345–2350 .... CBRS (3.5 GHz) ...... 3550–3700 ...... UMFUS (terrestrial) ...... 24,250–24,450, 24,750– 25,250, 27,500–28,350, 37,600–38,600, 38,600– 40,000, 47,200–48,200.

70–80–90 GHz unpaired & Point-to-Point Pairs for 70–80 GHz 71,000–76,000 with 71,000–76,000, 81,000– 70–80 GHz paired 81,000–86,000 86,000, 92,000–94,000, (point-to-point terrestrial). 94,100–95,000.

TV White Spaces ...... 54–72, 76–88, 174–216, 470–698. 900 MHz ...... 902–928. 2.4 GHz ...... 2400–2483.5. 5 GHz ...... 5150–5250, 5250–5350, 5470–5725, 5725–5850.

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PROPOSED AUCTION 904 SPECTRUM CHART—Continued

Paired licensed Unpaired licensed Unlicensed Spectrum band/service Uplink & downlink freq., Uplink freq., (MHz) Downlink freq., (MHz) (MHz) Unlicensed, (MHz)

24 GHz ...... 24,000–24,250. 57–71 GHz ...... 57,000—71,000. Ku Band (satellite) ...... 12,750–13,250, 14,000– 10,700–12,700 ...... 14,500. Ka Band (satellite) ...... 27,500–30,000 ...... 17,700–20,200 ...... V Band (satellite) ...... 47,200–50,200, 50,400– 37,500–42,000 ...... 52,400.

Abbreviations implementing the rules proposed in the which an applicant intends to bid and AWS Advanced Wireless Services Rural Digital Opportunity Fund NPRM providing operational and financial BRS/EBS Broadband Radio Service/ and adopted in the Rural Digital information designed to allow the Education Broadband Service Opportunity Fund Order, the Commission to assess the applicant’s CBRS Citizens Broadband Radio Commission has prepared a qualifications to meet the Rural Digital Service supplemental IRFA seeking comment on Opportunity Fund public interest PCS Personal Communications Service how the proposals in the document obligations for each area for which it SMR Specialized Mobile Radio could affect those Regulatory Flexibility seeks support. The document also UMFUS Upper Microwave Flexible Analyses. makes proposals that address the types Use Service 136. The proposals in the document of further information that may be WCS Wireless Communications include procedures for awarding Rural required in the post-auction long-form Service Digital Opportunity Fund support application that a winning bidder must through a multi-round, reverse auction V. Procedural Matters file to become authorized to receive and the availability of application and support. The application procedures 134. Supplemental Initial Regulatory auction information to bidders and to proposed are intended to require Flexibility Analysis. As required by the the public during and after the auction. applicants to submit enough Regulatory Flexibility Act of 1980 The document also includes detailed information to permit the Commission (RFA), the Commission prepared an proposed bidding procedures for a to determine their qualifications to Initial Regulatory Flexibility Analysis descending clock auction, including bid participate in the Rural Digital (IRFA) in connection with the Rural collection, clock prices, proposed bid Opportunity Fund auction, without Digital Opportunity Fund NPRM, 84 FR format, package bidding format, proxy requiring so much information that it is 43543, August 21, 2019, and a Final bidding, bidder activity rules, bid cost-prohibitive for any entity, Regulatory Flexibility Analysis (FRFA) processing, and how support amounts including small entities, to participate. in connection with the Rural Digital are determined. The bidding procedures 138. The Commission seeks comment Opportunity Fund Order. The proposed are designed to facilitate the on how the proposals in the document Commission sought written public participation of qualified service could affect the IRFA for the Rural comment on the proposals in the Rural providers of all kinds, including small Digital Opportunity Fund NPRM or the Digital Opportunity Fund NPRM, entities, in the Rural Digital FRFA in the Rural Digital Opportunity including comments on the IRFA. The Opportunity Fund program, and to give Fund Order. Such comments must be Commission did not receive any all bidders, including small entities, the filed in accordance with the same filing comments in response to the Regulatory flexibility to place bids that align with deadlines for responses to the Public Flexibility Analyses. their intended network construction or Notice and have a separate and distinct 135. The IRFA for the Rural Digital expansion, regardless of the size of their heading designating them as responses Opportunity Fund NPRM and the FRFA current network footprints. In addition, to the IRFA and FRFA. for the Rural Digital Opportunity Fund the document specifically seeks 139. Ex Parte Rules. The proceeding Order set forth the need for and comment on information the has been designated as a ‘‘permit-but- objectives of the Commission’s rules for Commission could make available to disclose’’ proceeding in accordance the Rural Digital Opportunity Fund help educate parties that have not with the Commission’s ex parte rules. auction; the legal basis for those rules; previously participated in a Persons making ex parte presentations a description and estimate of the Commission auction, and on whether must file a copy of any written number of small entities to which the OEA and the Bureau should work with presentation or a memorandum rules apply; a description of projected the Commission’s Office of summarizing any oral presentation reporting, recordkeeping, and other Communications Business within two business days after the compliance requirements for small Opportunities to engage with small presentation (unless a different deadline entities; steps taken to minimize the providers. applicable to the Sunshine period significant economic impact on small 137. To implement the rules adopted applies). Persons making oral ex parte entities and significant alternatives by the Commission in the Rural Digital presentations are reminded that considered; and a statement that there Opportunity Fund Order for the pre- memoranda summarizing the are no federal rules that may duplicate, auction process, the document proposes presentation must (1) list all persons overlap, or conflict with the rules. The specific procedures and requirements attending or otherwise participating in proposals in the document do not for applying to participate and the meeting at which the ex parte change any of those descriptions. becoming qualified to bid in the Rural presentation was made, and (2) However, because the Public Notice Digital Opportunity Fund auction, summarize all data presented and proposes specific procedures for including designating the state(s) in arguments made during the

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presentation. If the presentation shown or given to Commission staff available for that proceeding, and must consisted in whole or in part of the during ex parte meetings are deemed to be filed in their native format (e.g., .doc, presentation of data or arguments be written ex parte presentations and .xml, .ppt, searchable .pdf). Participants already reflected in the presenter’s must be filed consistent with rule in this proceeding should familiarize written comments, memoranda or other 1.1206(b). In proceedings governed by themselves with the Commission’s ex filings in the proceeding, the presenter rule 1.49(f) or for which the parte rules. may provide citations to such data or Commission has made available a Federal Communications Commission. arguments in his or her prior comments, method of electronic filing, written ex memoranda, or other filings (specifying parte presentations and memoranda Cecilia Sigmund, the relevant page and/or paragraph summarizing oral ex parte Federal Register Liaison Officer Office of the numbers where such data or arguments presentations, and all attachments Secretary. can be found) in lieu of summarizing thereto, must be filed through the [FR Doc. 2020–05171 Filed 3–16–20; 8:45 am] them in the memorandum. Documents electronic comment filing system BILLING CODE 6712–01–P

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Notices Federal Register Vol. 85, No. 52

Tuesday, March 17, 2020

This section of the FEDERAL REGISTER information on the rescheduled date for the implementation of the U.S. Grain contains documents other than rules or the event. Standards Act (7 U.S.C. 71–87k). proposed rules that are applicable to the Information about the Advisory public. Notices of hearings and investigations, Dated: March 11, 2020. Clara Cohen, Committee is available on the AMS committee meetings, agency decisions and website at https://www.ams.usda.gov/ rulings, delegations of authority, filing of Designated Federal Officer, BIFAD. about-ams/facas-advisory-councils/giac. petitions and applications and agency [FR Doc. 2020–05363 Filed 3–16–20; 8:45 am] statements of organization and functions are The agenda will include updates on BILLING CODE P examples of documents appearing in this resolutions from the August 2019 section. meeting, a general program update, an update on AMS rulemaking activities, DEPARTMENT OF AGRICULTURE utilization of technology in grain AGENCY FOR INTERNATIONAL inspection, Corn Borer Certification [DOC. NO. AMS–FGIS–20–0022] DEVELOPMENT Program, updates on FGIS-Food and Grain Inspection Advisory Committee Drug Administration directive on Board for International Food and Meeting ‘‘actionable lots’’, and Japanese Agricultural Development Public phytosanitary requirements. Meeting March 25, 2020, Correction AGENCY: Agricultural Marketing Service, Public participation will be limited to USDA. written statements and interested AGENCY: U.S. Agency for International ACTION: Notice. parties who have registered to present Development. comments orally to the Advisory ACTION: Notice; correction. SUMMARY: Pursuant to the Federal Committee. If interested in submitting a Advisory Committee Act, this written statement or presenting SUMMARY: The public meeting of the constitutes notice of the upcoming comments orally, please contact Kendra Board for International Food and meeting of the Agricultural Marketing Kline at the telephone number or email Agricultural Development (BIFAD) Service (AMS) Grain Inspection listed above. Oral commenting previously scheduled for March 25, Advisory Committee (Advisory opportunities will be first come, first 2020, Agricultural Growth, Structural Committee). The Advisory Committee serve. The meeting will be open to the Transformation, and the Journey to Self- meets no less than once annually to public. Reliance: Implications for USAID advise AMS on the programs and Persons with disabilities who require Programming, has been postponed until services delivered under the U.S. Grain alternative means of communication of a later date. Standards Act. Recommendations by the program information or related FOR FURTHER INFORMATION CONTACT: Advisory Committee help AMS better accommodations should contact Kendra Clara Cohen, 202–712–0119, ccohen@ meet the needs of its customers who Kline at the telephone number or email usaid.gov. operate in a dynamic and changing listed above. marketplace. Dated: March 12, 2020. SUPPLEMENTARY INFORMATION: Correction: In the Federal Register DATES: April 1, 2020, 8:30 a.m. to 5:00 Bruce Summers, notice of 2/7/2020 document number p.m. & April 2, 2020, 8:30 a.m. to 5:00 Administrator, Agricultural Marketing 2020–02423 (https:// p.m. Service. www.federalregister.gov/documents/ ADDRESSES: The Advisory Committee [FR Doc. 2020–05490 Filed 3–16–20; 8:45 am] 2020/02/07/2020-02423/board-for- meeting will take place at the Courtyard BILLING CODE 3410–02–P international-food-and-agricultural- & Residence Inn by Marriott Kansas City development-notice-of-meeting), on p. Downtown/Convention Center, 1535 DEPARTMENT OF AGRICULTURE 7265, please change the notice to read: Baltimore Ave, Kansas City, Missouri 64108. Foreign Agricultural Service U.S. Agency for International Requests to orally address the Development Advisory Committee during the WTO Agricultural Quantity-Based Board for International Food and meeting, or written comments to be Safeguard Trigger Levels Agricultural Development distributed during the meeting, may be sent to: Kendra Kline, AMS–FGIS, U.S. AGENCY: Foreign Agricultural Service, The Board for International Food and Department of Agriculture, 1400 U.S. Department of Agriculture. Agricultural Development (BIFAD) Independence Avenue SW, STOP 3614, ACTION: Notice of product coverage and public meeting previously scheduled for Washington, DC 20250–3601. Requests trigger levels for safeguard measures March 25, 2020 at the National Press and comments may also be emailed to provided for in the World Trade Club, 529 14th St. NW, Washington, DC [email protected]. Organization (WTO) Agreement on 20045, from 9 a.m. to 4:00 p.m., Agriculture. Agricultural Growth, Structural FOR FURTHER INFORMATION CONTACT: Transformation, and the Journey to Self- Kendra Kline by phone at (202) 690– SUMMARY: This notice lists the updated Reliance: Implications for USAID 2410 or by email at Kendra.C.Kline@ quantity-based trigger levels for Programming, has been postponed until usda.gov. products which may be subject to a later date. Please monitor the BIFAD SUPPLEMENTARY INFORMATION: The additional import duties under the website, https://www.usaid.gov/bifad, purpose of the Advisory Committee is to safeguard provisions of the WTO and the Federal Register for more provide advice to AMS with respect to Agreement on Agriculture. This notice

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also includes the relevant period available import data and (2) the change which lies with the Administrator of the applicable for the trigger levels on each in yearly consumption in the most Foreign Agricultural Service (7 CFR of the listed products. recent year for which data are available 2.601(a)(42)). The Annex to this notice DATES: This notice is applicable on (provided that the final trigger level is contains the updated quantity trigger March 17, 2020. not less than 105 percent of the three- levels, consistent with the provisions of year import average). The base trigger ADDRESSES: Multilateral Affairs Article 5. Division, Trade Policy and Geographic level is set at 105, 110, or 125 percent Additional information on the of the three-year import average, Affairs, Foreign Agricultural Service, products subject to safeguards and the depending on the percentage of U.S. Department of Agriculture, Stop additional duties which may apply can domestic consumption that is 1070, 1400 Independence Avenue SW, be found in subchapter IV of Chapter 99 represented by imports. These Washington, DC 20250–1070. of the Harmonized Tariff Schedule of additional duties may not be imposed FOR FURTHER INFORMATION CONTACT: the United States (2019) and in the on quantities for which minimum or Secretary of Agriculture’s Notice of Souleymane Diaby, (202) 720–2916, current access commitments were made [email protected]. Uruguay Round Agricultural Safeguard during the Uruguay Round negotiations, Trigger Levels, published in the Federal SUPPLEMENTARY INFORMATION: Article 5 and only one type of safeguard, price or Register at 60 FR 427 (Jan. 4, 1995). of the WTO Agreement on Agriculture quantity, may be applied at any given Notice: As provided in Section 405 of provides that additional import duties time to an article. may be imposed on imports of products Section 405 of the Uruguay Round the Uruguay Round Agreements Act, subject to tarification as a result of the Agreements Act requires that the consistent with Article 5 of the WTO Uruguay Round, if certain conditions President cause to be published in the Agreement on Agriculture, the safeguard are met. The agreement permits Federal Register information regarding quantity trigger levels previously additional duties to be charged if the the price and quantity safeguards, notified are superseded by the levels price of an individual shipment of including the quantity trigger levels, indicated in the Annex to this notice. imported products falls below the which must be updated annually based The definitions of these products were average price for similar goods imported upon import levels during the most provided in the Notice of Safeguard during the years 1986–88 by a specified recent 3 years. The President delegated Action published in the Federal percentage. It also permits additional this duty to the Secretary of Agriculture Register, at 60 FR 427 (Jan. 4, 1995). duties when the volume of imports of in Presidential Proclamation No. 6763, Issued at Washington, DC, this 28th day of that product exceeds the sum of (1) a dated December 23, 1994, 60 FR 1007 February 2020. base trigger level multiplied by the (Jan. 4, 1995). The Secretary of Ken Isley, average of the last three years of Agriculture further delegated this duty, Administrator, Foreign Agricultural Service.

ANNEX-QUANTITY-BASED SAFEGUARD TRIGGER

2020 Quantity-based safeguard trigger Product Trigger level Unit Period

Beef ...... 255,113 MT ...... Jan 1, 2020—Dec 31, 2020. Mutton ...... 4,657 MT ...... Jan 1, 2020—Dec 31, 2020. Cream ...... 2,195,402 Liters ...... Jan 1, 2020—Dec 31, 2020. Evaporated or Condensed Milk ...... 5,643,813 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Nonfat Dry Milk ...... 1,137,938 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Dried Whole Milk ...... 8,075,070 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Dried Cream ...... 34,923 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Dried Whey/Buttermilk ...... 102,146 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Butter 1 ...... 61,716,866 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Butteroil ...... 13,966,108 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Chocolate Crumb ...... 11,324,477 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Lowfat Chocolate Crumb ...... 76,422 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Animal Feed Containing Milk ...... 622,860 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Ice Cream ...... 9,583,319 Liters ...... Jan 1, 2020—Dec 31, 2020. Dairy Mixtures ...... 7,839,727 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Infant Formula Containing Oligosaccharides ...... 3,931,855 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Blue Cheese ...... 4,218,639 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Cheddar Cheese ...... 8,505,766 Kilograms ...... Jan 1, 2020—Dec 31, 2020. American-Type Cheese ...... 238,299 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Edam/Gouda Cheese ...... 9,479,493 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Italian-Type Cheese ...... 21,815,576 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Swiss Cheese with Eye Formation ...... 28,131,565 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Gruyere Process Cheese ...... 4,007,719 Kilograms ...... Jan 1, 2020—Dec 31, 2020. NSPF Cheese ...... 46,553,755 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Lowfat Cheese ...... 93,681 Kilograms ...... Jan 1, 2020—Dec 31, 2020. Peanut Butter/Paste ...... 4,395 MT ...... Jan 1, 2020—Dec 31, 2020. Peanuts 1 ...... 29,060 MT ...... April 1, 2020—Mar 31, 2021. Raw Cane Sugar 1 ...... 766,524 MT ...... Oct 1, 2020—Sept 30, 2021. Refined Sugars and Syrups 1 ...... 256,005 MT ...... Oct 1, 2020—Sept 30, 2021. Articles over 65% Sugar ...... 482 MT ...... Oct 1, 2020—Sept 30, 2021. Articles over 10% Sugar ...... 11,093 MT ...... Oct 1, 2020—Sept 30, 2021. Blended Syrups ...... 391 MT ...... Oct 1, 2020—Sept 30, 2021. Sweetened Cocoa Powder ...... 459 MT ...... Oct 1, 2020—Sept 30, 2021. Mixes and Doughs ...... 781 MT ...... Oct 1, 2020—Sept 30, 2021.

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ANNEX-QUANTITY-BASED SAFEGUARD TRIGGER—Continued

2020 Quantity-based safeguard trigger Product Trigger level Unit Period

Mixed Condiments and Seasonings ...... 350 MT ...... Oct 1, 2020—Sept 30, 2021. Short Staple Cotton 2 ...... 45,688 Kilograms ...... Sep 20, 2020—Sep 19, 2021. Harsh or Rough Cotton ...... 32,968 Kilograms ...... Aug 1, 2020—July 31, 2021. Medium Staple Cotton ...... 8,417 Kilograms ...... Aug 1, 2020—July 31, 2021. Extra Long Staple Cotton ...... 692,467 Kilograms ...... Aug 1, 2020—July 31, 2021. Cotton Waste 2 ...... 1,013,866 Kilograms ...... Sep 20, 2020—Sep 19, 2021. Cotton Processed but not Spun 2 ...... 124,933 Kilograms ...... Sep 11, 2020—Sep 10, 2021. 1 Includes change in U.S. consumption. 2 12-month period from October to September.

[FR Doc. 2020–05506 Filed 3–16–20; 8:45 am] refund any incurred charges. Callers COMMISSION ON CIVIL RIGHTS BILLING CODE 3410–10–P will incur no charge for calls they initiate over land-line connections to Notice of Public Meetings of the the toll-free telephone number. Persons Mississippi Advisory Committee to the U.S. Commission on Civil Rights COMMISSION ON CIVIL RIGHTS with hearing impairments may also follow the proceedings by first calling AGENCY: U.S. Commission on Civil Notice of Public Meeting of the Ohio the Federal Relay Service at 1–800–877– Rights. 8339 and providing the Service with the Advisory Committee to the U.S. ACTION: Announcement of meeting. Commission on Civil Rights conference call number and confirmation code. SUMMARY: Notice is hereby given, AGENCY: U.S. Commission on Civil pursuant to the provisions of the rules Rights. Members of the public are also entitled to submit written comments; and regulations of the U.S. Commission ACTION: Announcement of meeting. the comments must be received in the on Civil Rights (Commission) and the Federal Advisory Committee Act that SUMMARY: Notice is hereby given, regional office within 30 days following the meeting. Written comments may be the Mississippi Advisory Committee pursuant to the provisions of the rules (Committee) will hold a meeting on and regulations of the U.S. Commission mailed to the Regional Programs Unit Office, U.S. Commission on Civil Rights, Wednesday April 15, 2020 at 12 p.m. on Civil Rights (Commission) and the Central time. The Committee will Federal Advisory Committee Act that 230 S. Dearborn, Suite 2120, Chicago, IL 60604. They may also be faxed to the discuss next steps in their study of the Ohio Advisory Committee prosecutorial discretion in the state. (Committee) will hold a meeting via Commission at (312) 353–8324, or DATES: The meeting will take place on teleconference on Tuesday April 14, emailed to Carolyn Allen at callen@ Wednesday April 15, 2020 at 12:00 p.m. 2020, from 3:00–4:00 p.m. Eastern Time usccr.gov. Persons who desire Central Time. for the purpose of discussing next steps additional information may contact the PUBLIC CALL INFORMATION: in the Committee’s final report and Regional Programs Unit Office at (312) Dial: 800– recommendations to the Commission on 353–8311. 353–6461, Confirmation Code: 1771064. education funding in the state. Records generated from this meeting FOR FURTHER INFORMATION CONTACT: Melissa Wojnaroski, DFO, at DATES: The meeting will be held on may be inspected and reproduced at the [email protected] or (312) 353– Tuesday April 14, 2020, at 3:00 p.m. Regional Programs Unit Office, as they 8311. Eastern Time become available, both before and after Public Call Information: Dial: 800– the meeting. Records of the meeting will SUPPLEMENTARY INFORMATION: Members 367–2403, Confirmation Code: 4941445. be available via www.facadatabase.gov of the public may listen to this under the Commission on Civil Rights, discussion through the above call in FOR FURTHER INFORMATION CONTACT: Melissa Wojnaroski, DFO, at Ohio Advisory Committee link. Persons number. An open comment period will be provided to allow members of the [email protected] or 312–353– interested in the work of this Committee public to make a statement as time 8311. are also directed to the Commission’s website, http://www.usccr.gov, or may allows. The conference call operator SUPPLEMENTARY INFORMATION: Members contact the Regional Programs Unit will ask callers to identify themselves, of the public may listen to the office at the above email or street the organization they are affiliated with discussion. This meeting is available to address. (if any), and an email address prior to the public through the above listed toll placing callers into the conference free number. An open comment period Agenda room. Callers can expect to incur regular will be provided to allow members of Welcome and Roll Call charges for calls they initiate over the public to make a statement as time wireless lines, according to their allows. The conference call operator Discussion: Civil Rights in Ohio wireless plan. The Commission will not will ask callers to identify themselves, Public Comment refund any incurred charges. Callers the organization they are affiliated with Adjournment will incur no charge for calls they (if any), and an email address prior to initiate over land-line connections to placing callers into the conference Dated: March 12, 2020. the toll-free telephone number. Persons room. Callers can expect to incur regular David Mussatt, with hearing impairments may also charges for calls they initiate over Supervisory Chief, Regional Programs Unit. follow the proceedings by first calling wireless lines, according to their [FR Doc. 2020–05509 Filed 3–16–20; 8:45 am] the Federal Relay Service at 1–800–877– wireless plan. The Commission will not BILLING CODE P 8339 and providing the Service with the

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conference call number and following website: https:// DEPARTMENT OF COMMERCE confirmation code. www.census.gov/about/cac/sac.html. Members of the public are entitled to International Trade Administration FOR FURTHER INFORMATION CONTACT: submit written comments; the [C–580–879] comments must be received in the Kimberly Leonard, External Stakeholder regional office within 30 days following Program Manager, Office of Program, Certain Corrosion-Resistant Steel the meeting. Written comments may be Performance and Stakeholder Products From the Republic of Korea: mailed to the Regional Programs Unit, Integrations, by mail at Department of Final Results of Countervailing Duty U.S. Commission on Civil Rights, 230 S. Commerce, U.S. Census Bureau, Room Administrative Review; 2017 Dearborn, Suite 2120, Chicago, IL 2K137, 4600 Silver Hill Road, 60604. They may also be faxed to the Washington, DC 20233 or by phone at AGENCY: Enforcement and Compliance, Commission at (312) 353–8324, or 301–763–7281, or via email at: International Trade Administration, emailed to Corrine Sanders at csanders@ census.scientific.advisory.committee@ Department of Commerce. usccr.gov. Persons who desire census.gov. Individuals who use SUMMARY: The Department of Commerce additional information may contact the telecommunication devices for the deaf (Commerce) determines that Dongbu Regional Programs Unit at (312) 353– (TDD) may call the Federal Information Steel Co., Ltd/Dongbu Incheon Steel 8311. Relay Service (FIRS) at 1–800–877–8339 Co., Ltd. (Dongbu) received countervailable subsidies that are above Records generated from this meeting between 8:00 a.m. and 8:00 p.m., de minimis, and that Hyundai Steel may be inspected and reproduced at the Monday through Friday. Regional Programs Unit Office, as they Company (Hyundai Steel) received become available, both before and after SUPPLEMENTARY INFORMATION: The countervailable subsidies that are de the meeting. Records of the meeting will Census Bureau is giving notice that it is minimis. The period of review (POR) is be available via www.facadatabase.gov postponing a meeting of the Census January 1, 2017 through December 31, under the Commission on Civil Rights, Scientific Advisory Committee (CSAC). 2017. Mississippi Advisory Committee link. The Census Bureau originally published DATES: Applicable March 17, 2020. Persons interested in the work of this in the Federal Register on Thursday, FOR FURTHER INFORMATION CONTACT: Committee are directed to the March 5, 2020 (85 FR 12891) a notice Myrna Lobo or Jun Jack Zhao, AD/CVD Commission’s website, http:// announcing that the CSAC would be Operations, Office VII, Enforcement and www.usccr.gov, or may contact the meeting on Thursday, March 26, 2020, Compliance, International Trade Regional Programs Unit at the above from 8:30 a.m. to 5:00 p.m. and on Administration, U.S. Department of email or street address. Friday, March 27, 2020, from 8:30 a.m. Commerce, 1401 Constitution Avenue Agenda to 2:00 p.m. The Census Bureau is NW, Washington, DC 20230; telephone: postponing that meeting. In a future (202) 482–2371 or (202) 482–1396, I. Welcome and roll call respectively. II. Discussion: Prosecutorial Discretion Federal Register notice, we will in Mississippi announce a rescheduled date and time SUPPLEMENTARY INFORMATION for the CSAC meeting. III. Public comment Background IV. Next steps The Committee addresses policy, V. Adjournment research, and technical issues relating to Commerce published the Preliminary Results of this review on September 12, a full range of Census Bureau programs Dated: March 12, 2020. 2019.1 In addition, Commerce issued a and activities, including David Mussatt, post-preliminary determination on the communications, decennial, Supervisory Chief, Regional Programs Unit. upstream allegation on electricity on [FR Doc. 2020–05510 Filed 3–16–20; 8:45 am] demographic, economic, field February 5, 2020.2 For a history of BILLING CODE P operations, geographic, information events that occurred since the technology, and statistics. Last minute Preliminary Results, see the Issues and changes to the schedule are possible, Decision Memorandum.3 DEPARTMENT OF COMMERCE which could prevent giving advance On December 30, 2019, we postponed public notice of schedule adjustments. the final results of this review until Census Bureau The members of the CSAC are March 10, 2020.4 appointed by the Director, Census Census Scientific Advisory Committee 1 Bureau. The Committee provides See Certain Corrosion-Resistant Steel Products from the Republic of Korea: Preliminary Results of AGENCY: Bureau of the Census, scientific and technical expertise, as Countervailing Duty Administrative Review, and Department of Commerce. appropriate, to address Census Bureau Rescission of Review, in Part; 2017, 84 FR 48107 ACTION: Notice of public meeting; program needs and objectives. The (September 12, 2019) (Preliminary Results) and accompanying Decision Memorandum (Preliminary postponed. Committee has been established in Decision Memorandum). accordance with the Federal Advisory 2 SUMMARY: The Bureau of the Census See Memorandum, ‘‘Upstream Subsidy on Committee Act (Title 5, United States Electricity,’’ dated February 5, 2020 (Upstream (Census Bureau) is giving notice that it Code, Appendix 2, Section 10). Analysis Memorandum). is postponing a meeting of the Census 3 See Memorandum, ‘‘Issues and Decision Scientific Advisory Committee (CSAC). Dated: March 11, 2020. Memorandum for the Final Results of the 2017 The meeting was scheduled for March Ron S. Jarmin, Administrative Review of the Countervailing Duty Order on Certain Corrosion-Resistant Steel Products 26 and March 27. The Census Bureau is Deputy Director, Bureau of the Census. from the Republic of Korea (Issues and Decision postponing that meeting due to health [FR Doc. 2020–05465 Filed 3–16–20; 8:45 am] Memorandum, or IDM), dated concurrently with, concerns with the coronavirus. In a and hereby adopted by, this notice. BILLING CODE 3510–07–P future Federal Register notice, we will 4 See Memorandum, ‘‘Certain Corrosion-Resistant Steel Products from the Republic of Korea: announce a rescheduled date and time Extension of Deadline for Final Results of for the CSAC meeting. CSAC Countervailing Duty Administrative Review,’’ dated information can be found at the December 30, 2019.

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Scope of the Order establishment of rates to be applied to Assessment and Cash Deposit The products covered by this order companies not selected for individual Requirements are certain corrosion-resistant steel examination where Commerce limits its examination in an administrative review In accordance with 19 CFR products. For a complete description of 351.212(b)(2), Commerce intends to the scope of this order, see attachment pursuant to section 777A(e)(2) of the Act. However, Commerce normally issue appropriate instructions to U.S. to the Issues and Decision Customs and Border Protection (CBP) 15 Memorandum. determines the rates for non-selected companies in reviews in a manner that days after publication of these final Analysis of Comments Received is consistent with section 705(c)(5) of results to liquidate shipments of subject merchandise. Because we have All issues raised in interested parties’ the Act, which provides instructions for calculated a de minimis countervailable case briefs are addressed in the Issues calculating the all-others rate in an subsidy rate for Hyundai Steel, we will and Decision Memorandum. The issues investigation. instruct CBP to liquidate the appropriate are identified in the Appendix to this Section 705(c)(5)(A)(i) of the Act entries without regard to countervailing notice. The Issues and Decision instructs Commerce, as a general rule, to duties in accordance with 19 CFR Memorandum is a public document and calculate an all-others rate equal to the 351.212. We will instruct CBP to is on file electronically via Enforcement weighted average of the countervailable liquidate shipments of subject and Compliance’s Antidumping and subsidy rates established for exporters merchandise produced and/or exported Countervailing Duty Centralized and producers individually by Dongbu and the above listed Electronic Service System (ACCESS). investigated, excluding any zero, de companies, entered or withdrawn from ACCESS is available to registered users minimis, or rates based entirely on facts warehouse for consumption from at http://access.trade.gov and to all available. In this review, the only January 1, 2017 through December 31, parties in the Central Records Unit, subsidy rate above de minimis is the 2017, at the ad valorem rates listed room B8024 of the main Commerce rate calculated for Dongbu. Therefore, above for each respective company. building. In addition, a complete for the companies for which a review version of the Issues and Decision was requested that were not selected as In accordance with section Memorandum can be accessed directly mandatory respondents, we are 751(a)(2)(C) of the Ac, we intend also to at http://enforcement.trade.gov/frn/ applying the subsidy rate calculated for instruct CBP to collect cash deposits of index.html. The signed Issues and Dongbu. estimated countervailing duties, in the Decision Memorandum and the amounts shown above, with the electronic version of the Issues and Final Results of Administrative Review exception of Hyundai Steel, on shipments of subject merchandise Decision Memorandum are identical in In accordance with section content. entered, or withdrawn from warehouse, 751(a)(1)(A) of the Act and 19 CFR for consumption on or after the date of Changes Since the Preliminary Results 351.221(b)(5), we determine the total publication of the final results of this estimated net countervailable subsidy Based on the comments received from review. Because the countervailable rates for the period January 1, 2017 interested parties and record subsidy rate for Hyundai Steel is de through December 31, 2017 to be as information, we have made changes to minimis, Commerce will instruct CBP to follows: the net subsidy rates calculated for collect cash deposits at a rate of zero for Dongbu and for those companies not Hyundai Steel for all shipments of the Net selected for individual review. The countervailable subject merchandise that are entered, or changes made for Hyundai Steel did not Company subsidy rate withdrawn from warehouse, for result in a change to its net subsidy rate. (percent ad consumption on or after the date of For a discussion of these issues, see the valorem) publication of the final results of this Issues and Decision Memorandum. administrative review. For all non- Dongbu Steel Co., Ltd./ 7.16 reviewed firms, we will instruct CBP to Methodology Dongbu Incheon Steel Co., Ltd. continue to collect cash deposits of Commerce conducted this review in Hyundai Steel Company ...... 0.44 (de mini- estimated countervailing duties at the accordance with section 751(a)(1)(A) of mis). most-recent company-specific or all- the Tariff Act of 1930, as amended (the Bukook Steel Co., Ltd ...... 7.16 others rate applicable to the company, Act). For each of the subsidy programs CJ Korea Express ...... 7.16 as appropriate. These cash deposit found countervailable, we find that DK Dongshin Co., Ltd ...... 7.16 requirements, when imposed, shall there is a subsidy, i.e., a government- Dongbu Express ...... 7.16 remain in effect until further notice. provided financial contribution that Hongyi (HK) Hardware Prod- 7.16 Administrative Protective Order gives rise to a benefit to the recipient, ucts Co., Ltd. and that the subsidy is specific.5 For a Hyundai Glovis Co., Ltd ...... 7.16 This notice also serves as a final description of the methodology Jeil Sanup Co., Ltd ...... 7.16 reminder to parties subject to an underlying all of Commerce’s POSCO ...... 7.16 administrative protective order (APO) of conclusions, see the Issues and Decision POSCO C&C ...... 7.16 their responsibility concerning the Memorandum. POSCO Daewoo Corp ...... 7.16 return or destruction of proprietary POSCO P&S ...... 7.16 information disclosed under APO in Companies Not Selected for Individual Sejung Shipping Co., Ltd ..... 7.16 Review accordance with 19 CFR 351.305(a)(3), SeAH Steel ...... 7.16 which continues to govern business Seil Steel Co., Ltd ...... 7.16 The statute and Commerce’s proprietary information in this segment SK Networks Co., Ltd ...... 7.16 regulations do not directly address the of proceeding. Timely written Soon Hong Trading Co., Ltd 7.16 notification of the return/destruction of 5 Taisan Construction Co., Ltd 7.16 See sections 771(5)(B) and (D) of the Act APO materials or conversion to judicial regarding financial contribution; section 771(5)(E) TCC Steel Co., Ltd ...... 7.16 of the Act regarding benefit; and section 771(5A) of Young Sun Steel Co ...... 7.16 protective order is hereby requested. the Act regarding specificity. Failure to comply with the regulations

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and terms of an APO is a violation DEPARTMENT OF COMMERCE Scope of the Order which is subject to sanction. International Trade Administration The products covered by this order Disclosure are certain corrosion-resistant steel [A–580–878] We will disclose the calculations products. For a complete description of performed within five days of the date Corrosion-Resistant Steel Products the scope of this order, see attachment of publication of this notice to parties in From the Republic of Korea: Final to the IDM. this proceeding, in accordance with 19 Results of Antidumping Duty Analysis of Comments Received CFR 351.224(b). Administrative Review and Final These final results are issued and Determination of No Shipments; 2017– All issues raised in the case and published in accordance with sections 2018 rebuttal briefs by parties are addressed 751(a)(1) and 777(i)(1) of the Act. in the IDM. The issues are identified in AGENCY: Enforcement and Compliance, Dated: March 10, 2020. the Appendix to this notice. The IDM is International Trade Administration, Jeffrey I. Kessler, a public document and is on-file Department of Commerce. electronically via Enforcement and Assistant Secretary for Enforcement and SUMMARY: The Department of Commerce Compliance. Compliance’s Antidumping and (Commerce) determines that Dongkuk Countervailing Duty Centralized Appendix Steel Mill Co., Ltd. (Dongkuk) made Electronic Service System (ACCESS). sales of corrosion-resistant steel List of Topics Discussed in the Issues and ACCESS is available to registered users products (CORE) from the Republic of Decision Memorandum at https://access.trade.gov and in the Korea (Korea) at less than normal value, Central Records Unit, room B8024 of the I. Summary and Hyundai Steel Company (Hyundai) II. List of Issues main Commerce building. In addition, a did not, during the period of review III. Background complete version of the IDM can be (POR), July 1, 2017 through June 30, IV. Changes Since the Preliminary Results accessed at http:// 2018. V. Scope of the Order enforcement.trade.gov/frn/index.html. VI. Period of Review DATES: Applicable March 17, 2020. VII. Subsidies Valuation Information The signed and the electronic versions VIII. Analysis of Programs FOR FURTHER INFORMATION CONTACT: of the IDM are identical in content. Lingjun Wang or Elfi Blum-Page, AD/ IX. Discussion of Comments Changes Since the Preliminary Results Comment 1: Whether the Electricity for CVD Operations, Office VII, LTAR Upstream Subsidy Allegation Enforcement and Compliance, We increased the cost of the Confers a Benefit International Trade Administration, respondents’ purchased hot-rolled coil Comment 2: Whether the Subsidy Rate for U.S. Department of Commerce, 1401 by 17.29 percent for the final results, the Industrial Technology Innovation Constitution Avenue NW, Washington, Promotion Act (ITIPA) Grants Was revised from the 13.97 percent used in DC 20230; telephone: (202) 482–2316 or 5 Improperly Calculated the post-preliminarily results. Comment 3: Whether Tax Credit Programs (202) 482–0197, respectively. Under the RSTA Meet the Specificity SUPPLEMENTARY INFORMATION: Final Determination of No Shipments Requirement We received no comments regarding Comment 4: Whether Tax Benefits Should Background Not Be Adjusted for the Special Rural Commerce published the Preliminary our preliminary determination of no Development Tax Results on September 12, 2019.1 On shipments with respect to Samsung C&T Comment 5: Whether the Trading of January 27, 2020, Commerce determined Corporation, Hyosung Corporation, and Demand Response Resource Program is that a cost-based particular market Hyosung TNC. As the record contains Countervailable situation (PMS) existed with respect to no other information that calls into Comment 6: Whether the Modal Shift question our preliminary findings, we Program Confers a Countervailable the production cost of CORE in Korea during the POR.2 For a history of events continue to find that those three Benefit companies had no shipments of subject Comment 7: Whether the Non-Government that occurred since the Preliminary Banks Were Entrusted or Directed to Results, see the IDM.3 On January 2, merchandise during the POR. Provide a Financial Contribution to 2020, Commerce postponed the final Rate for Non-Examined Companies Dongbu through the Debt Restructuring results of this review until March 10, Program 2020.4 For the final results of this review, the Comment 8: Whether the Restructuring of only weighted-average dumping margin Dongbu’s Existing Loans by GOK- 1 See Corrosion-Resistant Steel Products from the that is not zero, de minimis, or controlled Banks Provided a Financial Republic of Korea: Preliminary Results of determined entirely on the basis of facts Contribution to Dongbu Antidumping Duty Administrative Review and is the margin calculated for Dongkuk. Comment 9: Whether the Restructured Preliminary Determination of No Shipments; 2016– Loans Provided to Dongbu were Specific 2017, 84 FR 48118 (September 12, 2019) Thus, Commerce has assigned the Comment 10: Whether Commerce Should (Preliminary Results), and accompanying margin calculated for Dongkuk to the Use the Interest Rates from Loans Preliminary Decision Memorandum (PDM). non-examined companies. provided by Commercial Banks 2 See Memorandum, ‘‘Antidumping Duty Participating in the Creditor Bank Administrative Review of Certain Corrosion- Final Results of the Administrative Resistant Steel Products from the Republic of Korea; Review Committee as Benchmarks 2017–2018: Post-Preliminary Decision Comment 11: Whether Dongbu Is Memorandum on Particular Market Situation,’’ Equityworthy and the Debt-to-Equity dated January 27, 2020 (PMS Memorandum). We have determined the following Swaps should be Countervailed 3 See Memorandum, ‘‘Issues and Decision weighted-average dumping margins for Comment 12: Whether Commerce Correctly Memorandum for the Final Results of Antidumping the exporters or producers listed below Calculated the Benefit to Dongbu from Duty Administrative Review and Final exist for the POR: KDB Short-Term Discounted Loans for Determination of No Shipments: Certain Corrosion- Export Receivables Program Resistant Steel Products from the Republic of Korea; Extension of Deadline for Final Results of 2017–2018’’, dated concurrently with, and hereby Antidumping Duty Administrative Review,’’ dated X. Recommendation adopted by, this notice (IDM). January 2, 2020. [FR Doc. 2020–05488 Filed 3–16–20; 8:45 am] 4 See Memorandum, ‘‘Certain Corrosion-Resistant 5 BILLING CODE 3510–DS–P Steel Products from the Republic of Korea: See PMS Memorandum and IDM.

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Weighted- continue to be the company-specific rate Dated: March 10, 2020. average published for the most recently Jeffrey I. Kessler, Exporter/producer dumping completed segment of this proceeding; Assistant Secretary for Enforcement and margin (percent) (3) if the exporter is not a firm covered Compliance. in this review, a prior review, or the Appendix—List of Topics Discussed in Dongkuk Steel Mill Co., Ltd .. 2.43 original investigation, but the producer the IDM Hyundai Steel Company ...... 0.00 is, then the cash deposit rate will be the Anjeon Tech Co., Ltd ...... 2.43 rate established for the most recently I. Summary Benion Corp...... 2.43 II. Background Dongbu Steel, Co., Ltd ...... 2.43 completed segment of this proceeding III. Scope of the Order Dongbu Incheon Steel Co., for the producer of the subject IV. Changes Since the Preliminary Results Ltd ...... 2.43 merchandise; and (4) the cash deposit V. Companies Not Selected for Individual GS Global Corp ...... 2.43 rate for all other producers or exporters Examination Kima Steel Corporation Ltd .. 2.43 will continue to be 8.31 percent, the all- VI. Final Determination of No Shipments Mitsubishi Corp. (Korea) Ltd 2.43 VII. Discussion of the Comments POSCO ...... 2.43 others cash deposit rate established in the investigation.6 These cash deposit Comment 1: Legal Authority for Applying POSCO Coated & Color PMS to the Sales-Below-Cost Test Steel Co., Ltd ...... 2.43 requirements, when imposed, shall Comment 2: Existence of a PMS POSCO Daewoo Corporation 2.43 remain in effect until further notice. Comment 3: Quantifying the PMS SeAH Coated Metal Cor- Comment 4: Dongkuk’s Constructed Export poration ...... 2.43 Notification to Importers Regarding the Price (CEP) Offset Young Steel Co., Ltd ...... 2.43 Reimbursement of Duties Comment 5: Dongkuk’s Inland Freight from Plant to Port of Exportation Assessment Rates This notice also serves as a final VII. Recommendation reminder to importers of their Pursuant to section 751(a)(2)(A) of the [FR Doc. 2020–05489 Filed 3–16–20; 8:45 am] responsibility under 19 CFR 351.402(f) Tariff Act of 1930, as amended (the Act), BILLING CODE 3510–DS–P to file a certificate regarding the and 19 CFR 351.212(b)(1), Commerce will determine, and U.S. Customs and reimbursement of antidumping duties DEPARTMENT OF COMMERCE Border Protections (CBP) shall assess, prior to liquidation of the relevant antidumping duties on all appropriate entries during the POR. Failure to comply with this requirement could National Oceanic and Atmospheric entries of subject merchandise in Administration accordance with the final results of this result in Commerce’s presumption that review. We will calculate importer- reimbursement of antidumping duties [RTID 0648–XA082] specific assessment rates on the basis of occurred and the subsequent assessment the ratio of the total amount of of doubled antidumping duties. New England Fishery Management antidumping duties calculated for each Council; Public Meeting Administrative Protective Order importer’s examined sales and the total AGENCY: National Marine Fisheries entered value of the sales in accordance This notice also serves as a reminder Service (NMFS), National Oceanic and with 19 CFR 351.212(b)(1). to parties subject to administrative Atmospheric Administration (NOAA), For entries of subject merchandise protective orders (APO) of their Commerce. during the POR produced by each responsibility concerning the return or ACTION: respondent for which it did not know its Notice; public meeting. destruction of proprietary information merchandise was destined for the SUMMARY: The New England Fishery United States, we will instruct CBP to disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely Management Council (Council) is liquidate such entries at the all-others scheduling a public meeting of its rate if there is no rate for the written notification of the return or destruction of APO materials, or Groundfish Advisory Panel to consider intermediate company(ies) involved in actions affecting New England fisheries conversion to judicial protective order, the transaction. We intend to issue in the exclusive economic zone (EEZ). is hereby requested. Failure to comply liquidation instructions to CBP 15 days Recommendations from this group will with the regulations and the terms of an after publication of the final results of be brought to the full Council for formal this review. APO is a sanctionable violation. consideration and action, if appropriate. Cash Deposit Requirements Notification to Interested Parties DATES: This meeting will be held on Thursday, April 2, 2020 at 9 a.m., The following cash deposit We are issuing and publishing this requirements will be effective upon however, due to the evolving notice in accordance with sections coronavirus situation, the Council may publication of the notice of final results 751(a)(1) and 777(i) of the Act, and 19 of administrative review for all decide to change this meeting to a CFR 351.221(b)(5). shipments of subject merchandise webinar, possibly on short notice. The entered, or withdrawn from warehouse, Council website and official Council for consumption on or after the date of communications are the best source for this information. publication, as provided by section 6 See Certain Corrosion-Resistant Steel Products 751(a)(2) of the Act: (1) The cash deposit from India, Italy, the People’s Republic of China, ADDRESSES: The meeting will be held at rate for the respondents noted above the Republic of Korea and Taiwan: Amended Final the DoubleTree by Hilton, 50 Ferncroft will be the rate established in the final Affirmative Antidumping Determination for India Road, Danvers, MA 01950; telephone: results of this administrative review; (2) and Taiwan, and Antidumping Duty Orders, 81 FR (978) 777–2500. for merchandise exported by 48390 (July 25, 2016), as amended by Certain Council address: New England manufacturers or exporters not covered Corrosion-Resistant Steel Products from the Fishery Management Council, 50 Water Republic of Korea: Notice of Court Decision Not in Street, Mill 2, Newburyport, MA 01950. in this administrative review but Harmony with Final Determination of Investigation covered in a prior segment of the and Notice of Amended Final Results, 83 FR 39054 FOR FURTHER INFORMATION CONTACT: proceeding, the cash deposit rate will (August 8, 2018). Thomas A. Nies, Executive Director,

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New England Fishery Management implementing the Fish and Fish Product comments and information received Council; telephone: (978) 465–0492. Import Provisions of the Marine during the comment period in preparing SUPPLEMENTARY INFORMATION: Mammal Protection Act (MMPA). The a final LOFF. NMFS will also seek input draft 2020 LOFF reflects new from nations on the draft LOFF at Agenda information received from nations bilateral and multilateral meetings, as The Advisory Panel will receive and submitting their 2019 Progress Reports appropriate. discuss the Groundfish Catch Share on interactions between commercial Program Review final report. Also on fisheries exporting fish and fish FOR FURTHER INFORMATION CONTACT: the agenda is the discussion of Council’s products to the United States and Nina Young, NMFS F/IASI at priorities. Other business will be marine mammals, and updates the 2017 [email protected], mmpa.loff@ discussed as necessary. LOFF. NMFS classified each noaa.gov, or 301–427–8383. Although non-emergency issues not commercial fishery in this draft 2020 SUPPLEMENTARY INFORMATION: In August contained in this agenda may come LOFF into one of two categories, either 2016, NMFS published a final rule (81 before this group for discussion, those ‘‘export’’ or ‘‘exempt,’’ based upon FR 54390; August 15, 2016) issues may not be the subject of formal frequency and likelihood of incidental implementing the fish and fish product action during these meetings. Action mortality and serious injury of marine import provisions (section 101(a)(2)) of will be restricted to those issues mammals likely to occur incidental to the MMPA. This rule established specifically listed in this notice and any each fishery. The classification of a conditions for evaluating a harvesting issues arising after publication of this fishery on the draft 2020 LOFF nation’s regulatory programs to address notice that require emergency action determines which regulatory incidental and intentional mortality and under section 305(c) of the Magnuson- requirements will be applicable to that serious injury of marine mammals in its Stevens Act, provided the public has fishery for it to receive a comparability fisheries producing fish and fish been notified of the Council’s intent to finding necessary to export fish and fish products exported to the United States. take final action to address the products to the United States from that Specifically, fish or fish products cannot fishery. emergency. be imported into the United States from DATES: Special Accommodations Written comments must be commercial fishing operations that received by 5 p.m. Eastern Time on May result in the incidental mortality or This meeting is physically accessible 1, 2020. serious injury of marine mammals in to people with disabilities. Requests for ADDRESSES: The draft 2020 LOFF can be excess of United States standards. Fish sign language interpretation or other found at: https:// and fish products from export and auxiliary aids should be directed to www.fisheries.noaa.gov/foreign/ exempt fisheries identified by the Thomas A. Nies, Executive Director, at international-affairs/list-foreign- Assistant Administrator for Fisheries in (978) 465–0492, at least 5 days prior to fisheries. the LOFF can only be imported into the the meeting date. This meeting will be You may submit comments on this United States if the harvesting nation recorded. Consistent with 16 U.S.C. document, identified by NOAA–NMFS– has applied for and received a 1852, a copy of the recording is 2020–0001, by either of the following available upon request. comparability finding from NMFS. The methods: 2016 final rule established procedures Authority: 16 U.S.C. 1801 et seq. 1. Electronic Submissions: Submit all that a harvesting nation must follow and Dated: March 12, 2020. electronic comments via the Federal e- conditions it must meet to receive a Rulemaking Portal. Go to Tracey L. Thompson, comparability finding for a fishery. The www.regulations.gov/ rule also established provisions for Acting Deputy Director, Office of Sustainable #!docketDetail;D=NOAA-NMFS-2020- Fisheries, National Marine Fisheries Service. intermediary nations to ensure that such 0001, click the ‘‘Comment Now!’’ icon, nations do not import and re-export to [FR Doc. 2020–05496 Filed 3–16–20; 8:45 am] complete the required fields and enter BILLING CODE 3510–22–P the United States fish or fish products or attach your comments. that are subject to an import prohibition. 2. Mail: Submit written comments to: Director, Office of International Affairs This draft 2020 LOFF (see https:// DEPARTMENT OF COMMERCE and Seafood Inspection, Attn: MMPA www.fisheries.noaa.gov/foreign/ List of Foreign Fisheries, NMFS, F/IASI, international-affairs/list-foreign- National Oceanic and Atmospheric fisheries) makes updates to the final Administration 1315 East-West Highway, Silver Spring, MD 20910. 2017 LOFF, which was published on [Docket No. 200309–0071; RTID 0648– Instructions: Comments sent by any March 16, 2018 (83 FR 11703). XQ007] other method, to any other address or What is the List of Foreign Fisheries? Fish and Fish Product Import individual, or received after the end of Provisions of the Marine Mammal the comment period, may not be Based on information provided by Protection Act 2020 List of Foreign considered. All comments received are nations, industry, the public, and other Fisheries a part of the public record and will readily available sources, NMFS generally be posted for public viewing identified nations with commercial AGENCY: National Marine Fisheries on www.regulations.gov without change. fishing operations that export fish and Service (NMFS), National Oceanic and All personal identifying information fish products to the United States and Atmospheric Administration (NOAA), (e.g., name, address, etc.), confidential classified each of those fisheries based Commerce. business information, or otherwise on their frequency of marine mammal ACTION: Notice of availability; request sensitive information submitted interactions as either ‘‘exempt’’ or for comments. voluntarily by the sender will be ‘‘export’’ fisheries (see Definitions publicly accessible. NMFS will accept below). The entire list of these export SUMMARY: NMFS is publishing its draft anonymous comments (enter ‘‘N/A’’ in and exempt fisheries, organized by 2020 List of Foreign Fisheries (LOFF), as the required fields if you wish to remain nation (or economy), constitutes the required by the regulations anonymous). NMFS will consider all LOFF.

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Why is the LOFF important? incidental marine mammal bycatch (see periods, consultations, or in Progress Under the MMPA, the United States 50 CFR 216.24(h)(6)). The definitions of Reports). ‘‘exempt fishery’’ and ‘‘export fishery’’ prohibits imports of commercial fish or Overview of the 2020 Draft LOFF fish products caught in commercial are stated in the Definitions below. The 2020 draft LOFF is composed of fishing operations resulting in the What type of fisheries are included in 906 exempt fisheries and 1990 export incidental killing or serious injury the List of Foreign Fisheries? fisheries from 129 nations (or (bycatch) of marine mammals in excess The LOFF contains only those economies). Ninety-six nations of United States standards (16 U.S.C. commercial fishing operations submitted their 2019 Progress Reports, 1371(a)(2)). NMFS published authorized by the harvesting nation to and NMFS used information from those regulations implementing these MMPA fish and export fish and fish products to reports to revise the 2017 LOFF and import provisions in August 2016 (81 the United States. 50 CFR 18.3 defines create the updated draft 2020 LOFF. The FR 54390; August 15, 2016). The ‘‘commercial fishing operation’’ as the 2017 LOFF and the draft 2020 LOFF, as regulations apply to any foreign nation lawful harvesting of fish from the well as a list of Intermediary nations (or with fisheries exporting fish and fish marine environment for profit as part of economies) and their associated products to the United States, either an on-going business enterprise. Such products and sources of those products, directly or through an intermediary term shall not include sport fishing and a list of fisheries and nations where nation.1 The LOFF lists foreign commercial activities whether or not carried out by the rule does not apply, can be found at: fisheries that export fish and fish charter boat or otherwise, and whether https://www.fisheries.noaa.gov/foreign/ products to the United States and that or not the fish so caught are international-affairs/list-foreign- have been classified as either ‘‘export’’ subsequently sold. 50 CFR 229.2 also fisheries. defines ‘‘commercial fishing operation’’ or ‘‘exempt’’ based on the frequency and Nations Failing To Respond as the catching, taking, or harvesting of likelihood of interactions or incidental More than 37 nations (or economies) 2 mortality and serious injury of a marine fish from the marine environment (or other areas where marine mammals failed to submit a 2019 Progress Report. mammal. All fisheries that export to the These nations include: Azerbaijan, United States must be on the LOFF. A occur) that results in the sale or barter of all or part of the fish harvested. The Bahrain, British Virgin Islands, harvesting nation must apply for and Cameroon, Cape Verde, Colombia, receive a comparability finding for each term includes licensed commercial passenger fishing vessel (as defined in Dominican Republic, Egypt, Fiji, French of its export and exempt fisheries on the Polynesia, France, Ghana, Haiti, Iran, LOFF to continue to export fish and fish section 216.3 of 50 CFR 216) activities and aquaculture activities. Per the Israel, Kiribati, Libya, Lithuania, products from those fisheries to the Malaysia, Mauritania, Mozambique, United States. application of these two definitions, the LOFF contains export and exempt New Caledonia, Nicaragua, Papua New What do the classifications of ‘‘exempt fisheries that are engaged in the lawful Guinea, Romania, Russian Federation, fishery’’ and ‘‘export fishery’’ mean? and authorized commercial harvest of Saudi Arabia, Senegal, Solomon Islands, The classifications of ‘‘exempt fish from the marine environment. The South Africa, Saint Kitts Nevis, Saint fishery’’ or ‘‘export fishery’’ determine term ‘‘commercial fishing operation’’ is Pierre Miquelon, Tanzania, Tunisia, the criteria that a nation’s fishery must used in the definitions of exempt fishery Turks and Caicos Islands, and meet to receive a comparability finding and export fishery (see Definitions Venezuela. Some nations, such as for that fishery. A comparability finding below). Colombia, France, French Polynesia, Ghana, Senegal, Tunisia, and the is required for both exempt and export How did NMFS classify a fishery if a fisheries, but the criteria for exempt and Russian Federation, were in various harvesting nation did not provide stages of completing their 2019 Progress export fisheries differ. information? For an exempt fishery, the criteria to Reports at the time of the deadline. receive a comparability finding are Information on the frequency or The following nations are solely limited only to conditions related to the likelihood of interactions or bycatch in intermediary nations and were not prohibition of intentional killing or most foreign fisheries was lacking or technically required to submit a 2019 injury of marine mammals (see 50 CFR incomplete. Absent such information, Progress Report: Belarus, Monaco, 216.24(h)(6)(iii)(A)). For an export NMFS used readily available Reunion, and Switzerland. Switzerland fishery, the criteria to receive a information, noted below, to classify submitted a 2019 Progress Report comparability finding include the fisheries, which included drawing requesting the deletion of all of its conditions related to the prohibition of analogies to similar U.S. fisheries and intermediary products, which NMFS intentional killing or injury of marine gear types interacting with similar denied because U.S. trade records mammals (see 50 CFR marine mammal stocks. Where no clearly indicate that these products are 216.24(h)(6)(iii)(A)) and the requirement analogous fishery or fishery information exports from Switzerland. to develop and maintain regulatory existed, NMFS classified the Of the 37 nations listed above, programs comparable in effectiveness to commercial fishing operation as an approximately 26 failed to submit to the U.S. regulatory program for reducing export fishery until information NMFS either their 2019 Progress becomes available to properly classify Reports or information for development 1 With respect to all references to ‘‘nation’’ or the fishery. Henceforth, in the year prior of the LOFF. These nations are: ‘‘nations’’ in the rule, it should be noted that the to the year in which a determination is Azerbaijan, Bahrain, British Virgin Taiwan Relations Act of 1979, Public Law 96–8, required on a comparability finding Islands, Cameroon, Cape Verde, Section 4(b)(1), provides that [w]henever the laws Dominican Republic, Egypt, Fiji, Haiti, of the United States refer or relate to foreign application (e.g., 2020 and 2024), NMFS countries, nations, states, governments, territories will revise the LOFF. When revising the Israel, Kiribati, Lithuania, Luxembourg, or similar entities, such terms shall include and LOFF, NMFS may reclassify a fishery if such laws shall apply with respect to Taiwan. 22 a harvesting nation provides reliable 2 The term ‘‘nation or harvesting nation’’ includes U.S.C. 3303(b)(1). This is consistent with the United foreign countries, nations, states, governments, States’ one-China policy, under which the United information to reclassify the fishery or territories, economies, or similar entities that have States has maintained unofficial relations with such information is readily available to laws governing the fisheries operating under their Taiwan since 1979. NMFS (e.g., during the comment control.

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Mauritania, Nicaragua, Papua New are overlooked in this process, nations In contrast, IAICRS uses the Food and Guinea, Romania, Russian Federation, should be as inclusive as possible. Agriculture (FAO) definitions of fishing Saudi Arabia, Solomon Islands, Saint Nations or other entities should provide gear, grouped by categories, in Helena, Saint Kitts Nevis, Saint Lucia, all the documentation and applicable accordance with the FAO-recommended Saint Pierre Miquelon, Tanzania, and references necessary to support any classification system, the International Tunisia. If any of these nations fail to proposed modifications to the fisheries Standard Statistical Classification of submit information or comments on this on the LOFF. Nations on these lists Fishing Gear (ISSCFG). These FAO 2020 draft LOFF, these nations will not should send a letter to NMFS to confirm definitions and FAO-recommended be on a positive trajectory toward that they do not intend to export fish classifications are valid on a worldwide receiving a comparability finding for and fish products to the United States basis for fisheries in both inland waters their commercial fisheries. between January 1, 2022, and January 1, and oceans, as well as for small-, Approximately 17 nations have a 2026. If any nation on these lists intends medium- and large-scale fisheries. limited or sporadic history of exporting to export fish and fish products to the Therefore, using IAICRS, harvesting fish and fish products to the United United States, they should contact and nations updated their gear types using States over the last 20 years. In the 2017 work with NMFS to ensure their these FAO definitions for gear types. Draft LOFF, NMFS proposed several of fisheries are on the LOFF and that they NMFS discourages harvesting nations these nations for removal from the LOFF apply for and receive a comparability from combining gear types with and provided its rationale (82 FR 39762, finding. dissimilar bycatch risk profiles. For August 22, 2017). These nations are: example, exempt gear types should not Albania, Bermuda, Cambodia, French General Changes From the 2017 LOFF be listed with export gear types with Guiana, Jordan, Kazakhstan, Libya, Nations submitted their 2019 Progress high bycatch risk profiles (e.g., gillnets), Macedonia, Malta, Moldova, Mongolia, Reports through the NMFS International because this could result in fisheries Montserrat, Rwanda, Slovakia, Somalia, Affairs Information Capture and using these exempt gear types being Togo, and Yemen. NMFS urge these Reporting System (IAICRS). IAICRS was classified as export fisheries. Therefore, nations to contact NMFS or the developed, in part, to achieve greater harvesting nations are urged to review Department of State to clarify whether consistency and standardization in the their gear types and separate exempt they intend to continue to export fish reporting of target species, gear types, gear types from export gear types. and fish products to the United States. area of operation, and marine mammal IAICRS denotes area of operation Approximately 72 nation have no interactions. Nations were instructed to using the FAO major fishing areas and record of exporting fish and fish revise their fisheries to reflect the subareas, and allows nations to products to the United States. These fishery management regime within that designate management areas within nations are: Afghanistan, Algeria, harvesting nation. Consequently, nearly their EEZ within those FAO fishing Andorra, Angola, Anguilla, Aruba, every harvesting nation that submitted a subareas. Harvesting nations were Bhutan, Bolivia, Bosnia and 2019 Progress Report updated the requested to use this construct to Herzegovina, Botswana, Burkina Faso, information on the LOFF. These designate their area of operation. Nearly Burundi, Cayman Islands, Chad, Congo, modifications significantly improved every harvesting nation submitting a Cuba, Djibouti, Dominica, East Timor, the quantity, quality, consistency, and 2019 Progress Report updated its area of Equatorial Guinea, Eritrea, Ethiopia, accuracy of the draft 2020 LOFF. operation for the LOFF. French Indian Ocean Area, French Although the modifications are too Harvesting nations were requested to Pacific Islands, French Southern numerous and fine-scale to enumerate review the 2017 LOFF and identify Territories, French West Indies, Gabon, in detail within this Federal Register fisheries that could be consolidated by Gaza Strip, Georgia, Gibraltar, notice, a record of all modifications are area or target species, especially multi- Guadeloupe, Guinea-Bissau, Heard and retained within IAICRS. The species fisheries (e.g., fisheries with McDonald Islands, Iraq, Kosovo, modifications are summarized below. permits issued to one gear type to fish Kuwait, Kyrgyzstan, Laos, Lebanon, The target species listed on the 2017 multiple target species) or fisheries that Lesotho, Liechtenstein, Luxembourg, Draft LOFF were initially identified should be eliminated because the Malawi, Mali, Martinique, Mayotte, based on the fish and fish products fisheries are solely for domestic Montenegro, Nauru, Nepal, Netherlands exported to the United States from that consumption. NMFS also requested that Antilles, Niger, Niue, North Korea, harvesting nation. Nations were harvesting nations add fisheries that Paraguay, Qatar, San Marino, Serbia, requested to link those exported seafood export fish and fish products or intend Sudan, Svalbard Jan Mayen, Swaziland, products to specific fisheries and the in the future to export such products to Syria, Tajikistan, Tokelau, Trust target species of those fisheries. In some the United States. Territories of Pacific Islands, Tuvalu, instances, the exported product was a NMFS maintains that the fisheries on Uzbekistan, Vatican City, Wallis and non-target species harvested in a the LOFF should reflect the commercial Futuna, West Bank, Western Sahara, fishery. Therefore, in the 2019 Progress fisheries authorized by the harvesting Zambia, and Zimbabwe. Report, harvesting nations were nation, according to their fishery In these latter two cases (of having requested to identify target and non- management system, to commercially limited or sporadic history of exporting target species for each fishery. If a fish and export fish and fish products to to the United States over the last 20 particular fishery was a multi-species the United States. A list of commercial years, or of having no records of fishery, harvesting nations were fisheries that were deleted or added can exporting to the United States), NMFS instructed to include all species be found at: https:// urges nations to examine their exports harvested or authorized to be harvested www.fisheries.noaa.gov/foreign/ to the United States over the last two in that fishery. NMFS still encourages international-affairs/list-foreign- decades and include all fisheries or nations to aggregate multi-species fisheries. processors and processed product, fisheries into one fishery, as After harvesting nations revised the which have, are, or in the future may be appropriate. LOFF as part of the 2019 Progress the source of fish and fish products The 2017 LOFF included fisheries Reports, NMFS reviewed fisheries and exported to the United States. To ensure with unknown gear types or that used identified gear types indicated in a that no fisheries or processed products parochial names for certain gear types. fishery that should be classified as an

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export fishery rather than as an exempt for marine mammal populations/stock bycatch limit for that marine mammal fishery, or vice-a-versa. NMFS in their waters; stock. reclassified such fisheries from export to • Update their bycatch limit, using Description of the Columns on the LOFF exempt or from exempt to export as the guidance (provided in IAICRS) to and Additional Instructions appropriate. A list of commercial calculate a bycatch limit and the new fisheries with revised classifications can look-up feature that will automatically The draft 2020 LOFF, like the 2017 be found at: https:// calculate the bycatch limit for the LOFF, is again organized by nation, and www.fisheries.noaa.gov/foreign/ selected marine mammal stock; has listed for each nation its exempt and • international-affairs/list-foreign- Update their marine mammal export fisheries. This list contains the fisheries. bycatch estimates for each fishery on the following seven columns. LOFF, including adding additional ‘‘Target Species or Product’’ is a list Instructions to Nations Reviewing the years of data (e.g., at least five years); of the target species and the non-target Draft 2020 LOFF and Actions Needed • Provide and update bycatch species associated with that exempt or by Nations estimates including information on the export fishery. For standardization In the draft 2020 LOFF, the vast number of marine mammals killed, purposes, this list includes common and majority of fisheries (1990 fisheries) are injured, and released alive in the fishery scientific names for the fisheries’ target classified as export fisheries, in (note that any fishery for which a nation and non-target species. ‘‘Gear Type’’ is the list of fishing gears accordance with 50 CFR 216.24(h)(3) indicated that an observer program used to harvest the target species. As and 216.3. To ensure that all of the exists should be accompanied by previously discussed, the gears are information for their fisheries is bycatch estimates); • Provide information in any category designated according to the FAO complete and can be appropriately where the data set is labelled ‘‘none definitions of fishing gear, and are classified, harvesting nations should provided’’ or ‘‘unknown’’; grouped by categories in accordance review carefully the draft 2020 LOFF • Provide gear types for any gear with the FAO-recommended ISSCFG within IAICRS (https:// listed as Unknown/Gear not known/Not classification system. www.fisheries.noaa.gov/foreign/ provided; and ‘‘Number of Vessels/Licenses/ international-affairs/list-foreign- • Update and include information on Participants, Aquaculture Facilities’’ is fisheries), together with this Federal distant water fisheries that are operating an estimate of the number of vessels Register notice, and make any revisions under a licensing or access agreement authorized to fish in this fishery, the in IAICRS. Harvesting nations may also (even if nations are uncertain whether number of fishing permits or licenses submit detailed comments on their this product is exported to the United issued by the nation for vessels or commercial fishing and processing States). number of participants authorized to ADDRESSES operations in writing (see We know that nations may have legally fish or operate in this fishery. In above) or in IAICRS. submitted deletion requests for fisheries the case of aquaculture, it is the number The final 2020 LOFF will be the last and intermediary products (see below), of facilities authorized by the nation to LOFF prior to the deadline for and that NMFS declined requests due to operate aquaculture operations. Nations submission of comparability finding inadequate information to support the are requested to provide at least one of applications by nations. The 2020 LOFF deletion request or due to the existence these data points. will be the foundation for all responses of contrary trade data demonstrating ‘‘Area of Operation’’ is the FAO global that nations must provide as part of that the fish and fish products were fishing area and sub-regional statistical their comparability finding application. exported to the United States. For area or division where the fishery Therefore, NMFS urges nations to example, Hong Kong, while submitting operates. Nations may also include update the draft 2020 LOFF and provide its 2019 Progress Report, did so by fishery management areas specific to the information that is lacking for their requesting the deletion of all of its their laws and management structure nation. NMFS further urges nations to fisheries. NMFS denied these deletion with the FAO area, division or subarea. provide as much detail as possible about requests because the U.S. trade data ‘‘Marine Mammal Interactions or Co- the fishery, its operational (https://www.fisheries.noaa.gov/ occurrence by Group, Species or Stock’’ characteristics, and, in particular, its national/sustainable-fisheries/foreign- is a listing by marine mammal species interactions with and bycatch of marine fishery-trade-data) indicate that Hong or stock of known marine mammals mammals, including applicable Kong exports these products to the whose distribution overlaps the area of references. It is in the interest of nations United States. If appropriate, nations are operation of the fishery during the time to provide the requested information, encouraged to use the deletion request when the fishery is in operation. This because the information allows NMFS system to request a fishery deletion or list does not need to be an exhaustive to determine whether the MMPA import an intermediary product deletion. In list of all of the marine mammal rule applies to all of the fish and fish addition, as stated above, nations are species/stock that may be found in or products exported to the United States encouraged to review and revise their migrate through a nation’s waters, but it or only to a particular fishery or marine mammal lists under the should reflect the marine mammals that fisheries, what fishery classification is ‘‘Manage Marine Mammals’’ tab in have a regular and significant co- appropriate, whether the nation is only IAICRS. Many nations failed to submit occurrence with this fishery, depredate a processor of that fish or fish product, marine mammal population abundance on bait or catch, are captured and or if the nation is a harvester and estimates and bycatch limit estimates, released alive, or are killed or injured in processor of that fish or fish product. even when the estimate could be found the fishery. Co-occurrence data is useful Specifically, we request that harvesting in the scientific literature. NMFS has to develop risk assessment models in nations: developed a new tool in IACRS where the absence of bycatch estimates. • Update their marine mammal nations can look up the marine mammal Nations are requested to review and abundance estimates using the new tool stock, click on the appropriate stock, update this list. in IAICRS containing a look-up feature and populate the data fields with the ‘‘Marine Mammal Bycatch Estimates’’ that provides the ‘‘best available’’ abundance estimate, maximum net are the marine mammal species/stocks marine mammal abundance estimates reproductive rate, recovery factor, and and the average annual bycatch estimate

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for that species as provided by the added), thus changing the product’s LOFF, they provide as much detail and harvesting nation. This list is likely to origin so that it becomes a product of supporting documentary evidence as be a subset of the marine mammal the nation through which it is possible. While literature contains species/stocks listed in the ‘‘Marine transshipped, that nation should references to marine mammal bycatch in Mammal Interactions or Co-occurrence indicate that it is solely a transshipper certain foreign fisheries, it may be that by Group, Species or Stock’’ column. In of the product. If a nation is performing fish and fish products originating from IAICRS, nations are requested to some form of value-added processing of those fisheries are not exported to the carefully review their existing the product, that nation should not United States (e.g., artisanal or coastal submission and edit this data to provide indicate that it is a transshipper. fisheries for domestic consumption). marine mammal mortality and injury Finally, if a nation is also the harvester NMFS would like to receive information data for no less than five years. Nations of this product, that nation should on which fish and fish products are are also requested to calculate an indicate that it is sourcing this product exported to the United States and the average annual mortality estimate or from other nations and possibly co- frequency of marine mammal average annual mortality and injury mingling the product with product from interactions or bycatch in those estimate for all of the years where data its own active-harvest fisheries already fisheries. is provided in the IAICRS. NMFS on the LOFF. The intermediary nation expects that, for any fishery for which and the product feature came online in Frequently Asked Questions About the there is an observer program, nations IAICRS mid-way through the 2019 LOFF and the MMPA Import Provisions will provide bycatch estimates using Progress Report reporting period. NMFS Definitions Within the MMPA Import that observer data, and will extrapolate strongly encourages nations to use Provisions the observed bycatch data/rate to IAICRS to complete or update their list What is a ‘‘comparability finding’’? estimate bycatch in the entire fleet. of intermediary products. The current ‘‘RFMO’’ indicates that the fishery is list of intermediary products is at: A comparability finding is a finding operating under the jurisdiction of, or https://www.fisheries.noaa.gov/foreign/ by NMFS that the harvesting nation has adhering to the management measures international-affairs/list-foreign- implemented a regulatory program for of, one or several regional fishery fisheries. an export or exempt fishery that has met management organizations (RFMO). If the applicable conditions specified in the fishery is operating under an RFMO, Instructions for Fisheries Listed in ‘‘Rule the regulations (see 50 CFR 216.24(h)) nations should indicate each RFMO Does Not Apply’’ subject to the additional considerations associated with that fishery. The MMPA import provisions do not for comparability findings set out in the apply to any land-based or freshwater regulations. A comparability finding is Instruction for Intermediary Nations aquaculture operations, as these required for a nation to export fish and and Products for Nations That Are commercial fishing operations do not fish products to the United States. To Processing Fish and Fish Products occur in marine mammal habitat. receive a comparability finding for an For the purposes of identifying Nevertheless, NMFS is attempting to export fishery, the harvesting nation intermediary nations, if a nation exports account for all fish and fish products must maintain a regulatory program a fish or fish product (for which it is the exported by a nation to the United with respect to that fishery that is processor) to the United States, or if the States in one of three categories: (1) comparable in effectiveness to the U.S. nation is the harvester and processor, or LOFF (exempt and export fisheries); (2) regulatory program for reducing if the fish in that product is harvested Intermediary (processed products); (3) incidental marine mammal bycatch. elsewhere and transshipped through Rule Does Not Apply (freshwater and This requirement may be met by that nation, NMFS strongly encourages inland fisheries). developing, implementing and that nation to identify those products Fisheries that occur solely in fresh maintaining a regulatory program that and the source fisheries and nations for water outside any marine mammal includes measures that are comparable, those products. Providing this habitat, and inland aquaculture or that effectively achieve comparable information may allow NMFS to operations, are exempt from this rule. If results to the regulatory program under reclassify a nation as an intermediary any such fisheries operations have been which the analogous U.S. fishery nation for that specific fish or fish included in the LOFF, nations should operates. product. In addition, the intermediary indicate such fisheries and operations What is the definition of an ‘‘export nation list and the product feature in and provide the necessary documentary fishery’’? IAICRS also identify whether the evidence so NMFS can include them on specific fish or fish product was the LOFF under ‘‘Rule Does Not The definition of export fishery can be harvested in the nation’s waters under Apply’’. However, nations wishing to found in the implementing regulations an ‘‘Access/License/Charter Agreement designate a fishery under ‘‘Rule Does for section 101(a)(2) of the MMPA (see or Bilateral/Permitting Agreement.’’ Not Apply’’ cannot use as a rationale 50 CFR 216.3). NMFS considers Nations should indicate whether the that it occurs in an estuary, has no ‘‘export’’ fisheries to be functionally product was harvested by another documented marine mammal bycatch, equivalent to Category I and II fisheries nation operating under an agreement, or exports small quantities of fish and under the U.S. regulatory program (see and should indicate which nations are fish products. definitions at 50 CFR 229.2). actively fishing in its waters for this NMFS defines ‘‘export fishery’’ as a product. If the product was not Instructions for Non-Nation Entities foreign commercial fishing operation harvested in a nation’s waters, but NMFS welcomes the input of the determined by the Assistant rather was imported into a nation from public, non-governmental organizations, Administrator to be the source of another nation for the purposes of and scientists. These entities can exports of commercial fish and fish processing, that nation should indicate provide critical information about products to the United States that have which nations provided the product or marine mammal bycatch in global more than a remote likelihood of raw material. If the product was fisheries and efforts to mitigate such incidental mortality and serious injury transshipped through a nation’s border bycatch. NMFS requests that when such of marine mammals in the course of its (i.e., transport only, with no value entities comment on the draft 2020 commercial fishing operations.

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Where reliable information on the (2) More than ten percent of any enforcement entities and documents, frequency of incidental mortality and marine mammal stock’s bycatch limit; transshipment vessel workers and fish serious injury of marine mammals yet that fishery by itself removes one importers; government vessel registries; caused by the commercial fishing percent or less of that stock’s bycatch RFMO or intergovernmental agreement operation is not provided by the limit annually or documents, reports, national reports, harvesting nation, the Assistant (3) Where reliable information has not and statistical document programs; Administrator may determine the been provided by the harvesting nation appropriate catch certification likelihood of incidental mortality and on the frequency of incidental mortality programs; FAO documents and profiles; serious injury as more than remote by and serious injury of marine mammals and published literature and reports on evaluating information concerning caused by the commercial fishing commercial fishing operations with factors such as fishing techniques, gear operation, the Assistant Administrator intentional or incidental mortality and used, methods used to deter marine may determine whether the likelihood serious injury of marine mammals. mammals, target fish species, seasons of incidental mortality and serious NMFS has used these sources of and areas fished, qualitative data from injury is ‘‘remote’’ by evaluating information and any other readily logbooks or fisher reports, stranding information such as fishing techniques, available information to classify the data, the species and distribution of gear used, methods to deter marine fisheries as ‘‘export’’ or ‘‘exempt’’ marine mammals in the area, or other mammals, target fish species, seasons fisheries to develop the LOFF. factors. and areas fished, qualitative data from How did NMFS determine which species Commercial fishing operations not logbooks or fisher reports, stranding or stocks are included as incidentally or specifically identified in the current data, the species and distribution of intentionally killed or seriously injured LOFF as either exempt or export marine mammals in the area, or other in a fishery? fisheries are deemed to be export factors at the discretion of the Assistant The LOFF includes a column fisheries until a revised LOFF is posted, Administrator. consisting of a list of marine mammals unless the harvesting nation provides A foreign fishery will not be classified that co-occur with the commercial the Assistant Administrator with as an exempt fishery unless the fisheries, that is, the distribution of information to properly classify a Assistant Administrator has reliable marine mammals that overlaps with the foreign commercial fishing operation information from the harvesting nation, distribution of commercial fishing not on the LOFF. To properly classify or other information, to support such a activity. The marine mammals that co- the foreign commercial fishing finding. occur with a fishery may or may not operation, the Assistant Administrator Developing the 2020 List of Foreign interact with, or be incidentally or may also request additional information Fisheries intentionally killed or injured in, the from the harvesting nation, as well as fishery. The LOFF also includes a list of consider other relevant information How is the List of Foreign Fisheries organized? marine mammal species and/or stocks about such commercial fishing incidentally or intentionally killed or operations and the frequency of NMFS organized the LOFF by injured in a commercial fishing incidental mortality and serious injury harvesting nation (or economy). The operation. The list of species and/or of marine mammals. LOFF may include ‘‘exempt fisheries’’ stocks incidentally or intentionally What is the definition of an ‘‘exempt and ‘‘export fisheries’’ for each killed or injured includes ‘‘serious’’ and fishery’’? harvesting nation. The fisheries are ‘‘non-serious’’ documented injuries and defined by target species, geographic interactions with fishing gear, including The definition of exempt fishery can location of harvest, gear-type or a interactions such as depredation. be found in the implementing combination thereof. Where known, the NMFS reviewed information regulations for section 101(a)(2) of the LOFF also includes a list of the marine submitted by nations (for inclusion in MMPA (see 50 CFR 216.3). NMFS mammals that co-occur with the fishery, the 2017 LOFF and in their 2019 considers ‘‘exempt’’ fisheries to be a list of marine mammals that interact Progress Report) and readily available functionally equivalent to Category III (e.g., depredate the fishing gear, are scientific information including co- fisheries under the U.S. regulatory killed or injured in, or are released from occurrence models demonstrating program (see definitions at 50 CFR the fishery) with each commercial distributional overlap of commercial 229.2). fishing operation, and, when available, fishing operations and marine mammals NMFS defines an exempt fishery as a numerical estimates of the incidental to determine which species or stocks to foreign commercial fishing operation mortality and serious injury of marine include as incidentally or intentionally determined by the Assistant mammals in each commercial fishing killed or injured in or interacting with Administrator to be the source of operation. a fishery. NMFS also reviewed, when exports of commercial fish and fish What sources of information did NMFS available, injury determination reports, products to the United States that have bycatch estimation reports, observer a remote likelihood of, or no known, use to classify the commercial fisheries included in the LOFF? data, logbook data, disentanglement incidental mortality and serious injury network data, fisher self-reports, and the of marine mammals in the course of NMFS reviewed and considered information referenced in the definition commercial fishing operations. A documentation provided by nations of exempt and export fishery (see commercial fishing operation that has a during the development of the 2017 Definitions above or 50 CFR 216.3). remote likelihood of causing incidental LOFF and the 2019 Progress Report. mortality and serious injury of marine NMFS also reviewed and considered the How often will NMFS revise the List of mammals is one that, collectively with information provided by the public and Foreign Fisheries? other foreign fisheries exporting fish other sources of information, where NMFS will re-evaluate foreign and fish products to the United States, available, including fishing vessel commercial fishing operations and causes the annual removal of: records; reports of on-board fishery publish in the Federal Register the year (1) Ten percent or less of any marine observers; information from off-loading prior to the expiration of the exemption mammal stock’s bycatch limit; or facilities, port-side government officials, period (e.g., this year and again in 2024)

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a notice of availability of the draft for including the percent coverage, number information exists, in analogous U.S. public comment and a notice of of vessels and sets or hauls observed. fisheries (MMPA List of Fisheries found availability of the final revised LOFF. Nations should also indicate whether at: https://www.fisheries.noaa.gov/ NMFS will revise the final LOFF, as bycatch estimates from observer data are action/list-fisheries-2019) and appropriate, and publish a notice of observed minimum counts or international fisheries or gear types; and availability in the Federal Register extrapolated estimates for the entire (3) overarching classifications, every four years thereafter. In revising fishery. Nations submitting logbook evaluation of gears and fishing the list, NMFS may reclassify a fishery information should include details operations and their risk of marine if new, substantive information about the reporting system, including mammal bycatch (see section below for indicates the need to re-examine and examples of forms and requirements for further discussion). NMFS also possibly reclassify a fishery. After reporting. Nations may make formal evaluated other relevant information January 1, 2022, all fisheries wishing to requests to NMFS to reconsider a fishy including, but not limited to export to the United States must be on classification. information on fishing techniques, gear the LOFF and have a comparability used, methods used to deter marine Classification Criteria, Rationale, and finding. (see 50 CFR 216.24(h)(1)). mammals, target fish species, and Process Used To Classify Fisheries After publication of the LOFF, if a seasons and areas fished; qualitative nation wishes to commence exporting Process When Incidental Mortality and data from logbooks or fisher reports; fish and fish products to the United Serious Injury Estimates and Bycatch stranding data; and information on the States from a fishery not currently Limits Are Available species and distribution of marine included in the LOFF, that fishery will If estimates of the total incidental mammals in the area, or other factors. be classified as an export fishery until Published scientific literature provides the next LOFF is published and will be mortality and serious injury were available and a bycatch limit calculated numerous risk assessments of marine provided a provisional comparability mammal bycatch in fisheries, routinely finding for a period not to exceed twelve for a marine mammal stock, NMFS used the quantitative and tiered analysis to using these approaches to estimate months. If a harvesting nation can marine mammal mortality rates, identify provide the reliable information classify foreign commercial fishing operations as export or exempt fisheries information gaps, set priorities for necessary to classify the commercial conservation, and transfer technology fishing operation at the time of the under the category definition within 50 CFR 229.2 and the procedures used to for deterring marine mammals from gear request for a provisional comparability and catch. Findings from the most finding or prior to the expiration of the categorize U.S. fisheries as Category I, II, or III, at https://www.fisheries.noaa.gov/ recent publications cited in this Federal provisional comparability finding, Register notice often demonstrate levels NMFS will classify the fishery in national/marine-mammal-protection/ marine-mammal-protection-act-list- of risk by location, season, fishery, and accordance with the definitions. The gear. provisions for new entrants are fisheries. discussed in the regulations Process When Only Incidental Mortality Classification in the Absence of implementing section 101(a)(2) of the and Serious Injury Estimates Were Information MMPA (see 50 CFR 216.24(h)(8)(vi)). Available When no analogous gear, fishery, or How can a classification be changed? For most commercial fisheries, NMFS fishery information existed, or To change a fishery’s classification, is still lacking detail regarding marine insufficient information was provided nations or other interested stakeholders mammal interactions, and/or lacking by the nation and information was not must provide observer data, logbook quantitative information on the readily available, NMFS classified the summaries (preferably over a five-year frequency of interactions. Where nations commercial fishing operation as an period), or reports that specifically provided estimates of bycatch or NMFS export fishery per the definition of indicate the presence or absence of found estimates of bycatch in published ‘‘export fishery’’ at 50 CFR 216.3. These marine mammal interactions, quantify literature, national reports, or through fishing operations will remain classified such interactions wherever possible, other readily available sources, NMFS as export fisheries until the harvesting provide additional information on the classified the fishery as an export nation provides the reliable information location and operation of the fishery, fishery if the information indicated that necessary to classify properly the details about the gear type and how it there was a likelihood that the mortality fishery or, in the course of revising the is used, maps showing the distribution and serious injury was more than LOFF, such information becomes of marine mammals and the operational remote. readily available to NMFS. area of the fishery, information Alternative Approaches When Estimates Global Classifications for Some Fishing regarding marine mammal populations Gear Types and the biological impact of that fishery of Marine Mammal Bycatch Are on those populations, and/or any other Unavailable Due to a lack of information about documentation that clearly As bycatch estimates are lacking for marine mammal bycatch, NMFS used demonstrates that a fishery is either an most fisheries, NMFS relied on three gear types to classify fisheries as either export or exempt fishery. Data from considerations to assess the likelihood export or exempt. The detailed rationale independent onboard observer programs of bycatch or interaction with marine for these classifications by gear type documenting marine mammal mammals, including: (1) Co-occurrence, were provided in the Federal Register interaction and bycatch is preferable the spatial and seasonal distribution and notice for the draft 2017 LOFF (82 FR and is given higher consideration than overlap of marine mammals and fishing 39762; August 22, 2017) and are self-reports, logbooks, fishermen operations as a measure of risk summarized here. In the absence of interviews, or sales tickets or dockside (Komoroske & Lewison 2015; FAO 2010; specific information showing a remote interviews. Such data can be Watson et al., 2006; Read et al., 2006; likelihood of marine mammal bycatch summarized and averaged over at least Reeves et al., 2004); (2) analogous gear, in a particular fishery, NMFS classified a five-year period and include evaluation of records of bycatch and fisheries using these gear types as information on the observer program assessment of risk, where such export. Exceptions to those

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classifications are included in the those instances, NMFS classifies the facilities to intentionally kill or injure discussion below. purse seine fisheries as exempt because marine mammals. NMFS classi fied as export all trap the evidence suggests that, where purse General Trends and Observations and pot fisheries because the risk of seine vessels do not intentionally set on Related to the LOFF and the 2019 entanglement in float/buoy lines and marine mammals, the likelihood of Progress Report groundlines is more than remote, marine mammal bycatch is generally especially in areas of co-occurrence remote. However, if there is Gillnets represent the vast majority of with large whales. While many nations documentary evidence that a nation’s the export fisheries with documented assert that marine mammals cannot purse seine fishery continues to marine mammal bycatch. Mitigation enter the trap and become entangled, incidentally kill or injure marine measures for gillnets are few. Active the risk is not from the trap but from the mammals despite such a prohibition, sound emitters such as ‘‘pingers’’ are surface buoy line and the groundlines NMFS classified the fishery as an export used in gillnet fisheries to reduce small (line that connects the trap). These lines fishery. Similarly, if any nation cetacean bycatch. However, pingers are represent an entanglement risk to large demonstrated that it had adopted and not effective for all small cetacean whales and some small cetaceans. implemented a regulatory measure species and may be less effective in However, NMFS classified as exempt prohibiting the intentional encirclement operational fisheries than research trap and pot fisheries operating in the of marine mammals by a purse seine programs (Dawson et al., 2013). Given Gulf of Mexico and Caribbean due to the vessel, that fishery would be designated the limited mitigation options, nations low co-occurrence with large whales in as exempt, absent evidence that it should consider substituting gillnets this region and an analogous U.S. continued to incidentally kill or injure with other non-entangling fishing gear, Category III mixed species and lobster marine mammals. where there is overlap between trap/pot fishery operating in the Gulf of NMFS classified as export all trawl operational area of the fishery and the Mexico and Caribbean. NMFS classifies fisheries, including bream trawls, pair distribution of marine mammal as exempt small-scale fish, crab, and trawls, and otter trawls, because the populations. lobster pot fisheries using mitigation marine mammal bycatch in this gear The LOFF highlights the clear need strategies to prevent large whale type is more than remote, and this gear for bycatch monitoring programs to entanglements, including seasonal type often co-occurs with marine better estimate marine mammal bycatch closures during migration periods, mammal stocks. However, the krill trawl and to identify where mitigation efforts ropeless fishing, and vertical line fishery operating under changes to are most needed. For example, several acoustic release technology. Commission for the Conservation of nations recommended that longline and NMFS classified as export longline Antarctic Marine Living Resources purse seine fisheries be classified as gear and troll line fisheries because the (CCAMLR) in subareas 48.1–4 of exempt fisheries because there are few likelihood of marine mammal bycatch is CCAMLR is classified as exempt due to interactions with marine mammals. more than remote. However, NMFS the conservation and management However, the logbook and observer data classified as exempt longline and troll measure requiring marine mammal and reports from various RFMOs that fisheries with demonstrated bycatch excluding devices and levels of marine NMFS received did not fully rates that are less than remote or the mammal mortalities that are less than substantiate that the likelihood of fishery is analogous (by area, gear type, ten percent of the bycatch limit/PBR for bycatch in these fisheries is remote. and target species) to U.S. Category III marine mammal stocks that interact NMFS believes accurate classification fishery operating in the area where the with that fishery. of longline fisheries, especially for tuna, fishery occurs. The entanglement rates There are several gear types that and purse seine fisheries for pelagic from marine mammals depredating NMFS classified as exempt because they species would benefit from monitoring longline gear is largely unknown. NMFS are highly selective, have a remote programs (e.g., observer programs) or classifies as exempt snapper/grouper likelihood of marine mammal bycatch, analyses of observer and logbook bottom-set longline fisheries operating and have analogous U.S. Category III programs to assess the bycatch rates in the Gulf of Mexico and the Caribbean fisheries. These gear types are: Hand associated with these gear types. RFMOs because they are analogous to U.S. collection, diving, manual extraction, are well-situated to evaluate marine Category III bottom-set longline gear hand lines, hook and line, jigs, dredges, mammal bycatch rates in tuna and operating in these areas. NMFS also clam rakes, beach-operated hauling nets, swordfish longline fisheries. classifies as exempt longline fisheries ring nets, beach seines, small lift nets, Information from these sources could be using a cachalotera system, which cast nets, bamboo weir, and floating used to determine whether the prevents and, in some cases, eliminates mats for roe collection. likelihood of marine mammal bycatch is marine mammal hook depredation and NMFS classified Danish seine remote. Nations should strongly entanglement. fisheries as exempt based on the remote consider bycatch monitoring programs, NMFS uniformly classified as export likelihood of marine mammal bycatch especially observer and electronic video all gillnet, driftnet, set net, fyke net, because of a lack of documented monitoring, as a core element in any trammel net, and pound net fisheries interactions with marine mammals. The regulatory program and a key to the because the likelihood of marine exception are Danish seine fisheries appropriate classification of their mammal bycatch in this gear type is with documentary evidence of marine fisheries. more than remote. No nation provided mammal interactions, which NMFS There is a growing volume of evidence that the likelihood of marine classified as export. information available on marine mammal bycatch in these gillnet and set Finally, NMFS classified as exempt mammal bycatch mitigation. The most net fisheries was less than remote. most forms of aquaculture, including comprehensive report is that of the NMFS classified purse seine fisheries lines and floating cages, unless Expert Workshop on the Means and as export, unless the fishery is operating documentary evidence indicates marine Methods for Reducing Marine Mammal under an RFMO that has implemented mammal interactions or entanglement, Mortality in Fishing and Aquaculture conservation and management measures particularly of large whale entanglement Operations (FAO 2018), which reviewed prohibiting the intentional encirclement in aquaculture seaweed or shellfish the current state of knowledge on the of marine mammals by a purse seine. In lines, or nations permit aquaculture issue of marine mammal bycatch, and

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evaluated the efficacy and net fisheries. J. Cetacean Res. Manage. 1: Administrator and shall be appointed by implementation of different strategies 123–135.) the Under Secretary for a term of two and measures for mitigating bycatch. Dated: March 10, 2020. years at the discretion of the Under The workshop produced some key Samuel D. Rauch, III, Secretary. technical outputs, including an Deputy Assistant Administrator for The Committee will function solely as extensive review of techniques across Regulatory Programs, National Marine an advisory body, and in compliance different gear types and species, Fisheries Service. with provisions of the Federal Advisory together with a summary table and a [FR Doc. 2020–05380 Filed 3–16–20; 8:45 am] Committee Act. Copies of the draft decision-making tool (decision BILLING CODE 3510–22–P Committee’s revised Charter have been tree) which could be used to support filed with the appropriate committees of management decision-making processes. the Congress and with the Library of The workshop recommended that FAO DEPARTMENT OF COMMERCE Congress. develop technical guidelines on means Stephen M. Volz, and methods for prevention and National Oceanic and Atmospheric reduction of marine mammal bycatch Administration Assistant Administrator, for Satellite and Information Services. and mortality in fishing and aquaculture operations in support of FAO’s Code of Notice of Renewal of the Advisory [FR Doc. 2020–05288 Filed 3–16–20; 8:45 am] Conduct for Responsible Fisheries, Committee on Commercial Remote BILLING CODE 3510–HR–P which are currently under development. Sensing References AGENCY: National Oceanic and DEPARTMENT OF COMMERCE Atmospheric Administration, CCAMLR. 2015a. Krill fishery report 2015. Commerce. National Oceanic and Atmospheric D’agrosa, Caterina, C.E. Lennert-Cody, and O. Administration Vidal. 2000 Vaquita Bycatch in Mexico’s ACTION: Notice of renewal. Artisanal Gillnet Fisheries: Driving a SUMMARY: [RTID 0648–XA083] Small Population to Extinction. In accordance with the Conservation Biology Vol. 14 1110–1119. provisions of the Federal Advisory New England Fishery Management Dawson, S.M., S. Northridge, D. Waples, and Committee Act and the General Services Council; Public Meeting A.J. Read. (2013) To ping or not to ping: Administration (GSA) rule on Federal The use of active acoustic devices in Advisory Committee Management, and AGENCY: National Marine Fisheries mitigating interactions between small after consultation with GSA, the Service (NMFS), National Oceanic and cetaceans and gillnet fisheries. Secretary of Commerce has determined Atmospheric Administration (NOAA), Endangered Species Research Vol. 19 that the renewal of the Advisory Commerce. 201–221. Committee on Commercial Remote FAO. 2018. Report of the Expert Workshop ACTION: Notice; public meeting. on Means and Methods for Reducing Sensing (ACCRES) is in the public Marine Mammal Mortality in Fishing interest in connection with the SUMMARY: The New England Fishery and Aquaculture Operations Rome, 20– performance of duties imposed on the Management Council (Council) is 23 March 2018. Department by law. ACCRES was last scheduling a public meeting of its IUCN. 2008. Arctocephalus gazella: Hofmeyr, renewed on March 8, 2018. Groundfish Committee to consider G.: The IUCN Red List of Threatened FOR FURTHER INFORMATION CONTACT: actions affecting New England fisheries Species 2014: e.T2058A45223888. in the exclusive economic zone (EEZ). Koschinski, S. & Strempel, R. (2012): Tashaun Pierre, Commercial Remote Sensing Regulatory Affairs Office, Recommendations from this group will Strategies for the Prevention of Bycatch be brought to the full Council for formal of Seabirds and Marine Mammals in NOAA Satellite and Information Baltic Sea Fisheries. ASCOBANS AC19/ Services, 1335 East West Highway, consideration and action, if appropriate. Doc.4–17 (S). 19th ASCOBANS Advisory Room G101, Silver Spring, Maryland DATES: This meeting will be held on Committee Meeting, Galway, Ireland, 20910; telephone (301) 713–7047, email Friday, April 3, 2020 at 9 a.m., however, 20–22 March. 69 pp.; Herr, H., Siebert, [email protected]. due to the evolving coronavirus U. & Benke, H. (2009b): Stranding SUPPLEMENTARY INFORMATION: situation, the Council may decide to numbers and bycatch implications of The Committee was first established in May change this meeting to a webinar, harbor porpoises along the German possibly on short notice. The Council Baltic Sea coast. Document AC16/Doc.62 2002, to advise the Under Secretary of (P). 16th ASCOBANS Advisory Commerce for Oceans and Atmosphere website and official Council Committee Meeting, Brugge, Belgium, on matters relating to the U.S. communications are the best source for 20–24 April 2009. ASCOBANS, Bonn. 3 commercial remote-sensing industry this information. pp.). and NOAA’s activities to carry out the ADDRESSES: The meeting will be held at SCAR EGS. 2004. Scientific Committee on responsibilities of the Department of the DoubleTree by Hilton, 50 Ferncroft Antarctic Research Expert Group on Commerce set forth in the National and Road, Danvers, MA 01950; telephone: Seals (SCAR EGS): Scientific Committee (978) 777–2500. for Antarctic Research—Expert Group on Commercial Space Programs Act of 2010 Seals Report. (The Act) Title 51 U.S.C. 60101 et seq Council address: New England Skora, K.E., Kuklik, I. (2003) Bycatch as a (formally the Land Remote Sensing Fishery Management Council, 50 Water potential threat to harbor porpoises Policy Act of 1992 15 U.S.C. Secs. 5621– Street, Mill 2, Newburyport, MA 01950. (Phocoena phocoena) in Polish Baltic 5625). FOR FURTHER INFORMATION CONTACT: waters. NAMMCO Scientific ACCRES will have a fairly balanced Thomas A. Nies, Executive Director, Publications 5: 303–315. membership consisting of New England Fishery Management Vanhatalo, J., Vetemaa, M., Herrero, A., Aho, approximately 9 to 20 members serving Council; telephone: (978) 465–0492. T., Tiilikainen, R. 2014.) By-catch of grey seals (Halichoerus grypus) in Baltic in a representative capacity. All SUPPLEMENTARY INFORMATION: members should have expertise in fisheries—a Bayesian analysis of Agenda interview survey. Plos One. remote sensing, space commerce or a Vinther (1999, Bycatches of harbor porpoises related field. Each candidate member The Committee will receive and (Phocoena phocoena L.) in Danish set- shall be recommended by the Assistant discuss the Groundfish Catch Share

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Program Review final report. Also on Meeting address: The meeting will be • Review alternative reference case the agenda is the discussion of Council’s held via webinar. The webinar is open catch streams (as alternate states of priorities. Other business will be to members of the public. Registration is nature) which are robust to the major discussed as necessary. available online at: https:// uncertainties identified in commercial Although non-emergency issues not attendee.gotowebinar.com/register/ bycatch discard estimation, recreational contained in this agenda may come 3734975434235325709. catch live discard estimation, and post- before this group for discussion, those SEDAR address: South Atlantic release live-discard mortality issues may not be the subject of formal Fishery Management Council, 4055 estimation. Review the base case model action during these meetings. Action Faber Place Drive, Suite 201, N. to develop reference case model run(s) will be restricted to those issues Charleston, SC 29405; (as alternate states of nature) which are specifically listed in this notice and any www.sedarweb.org. robust to the major uncertainties issues arising after publication of this FOR FURTHER INFORMATION CONTACT: identified in commercial bycatch notice that require emergency action Kathleen Howington, SEDAR discard estimation (and post-release under section 305(c) of the Magnuson- Coordinator, 4055 Faber Place Drive, mortality) as well as the major Stevens Act, provided the public has Suite 201, North Charleston, SC 29405; uncertainties identified in the indices of been notified of the Council’s intent to phone: (843) 571–4366; email: relative abundance. take final action to address the [email protected]. Although non-emergency issues not emergency. SUPPLEMENTARY INFORMATION: The Gulf contained in this agenda may come before this group for discussion, those Special Accommodations of Mexico, South Atlantic, and Caribbean Fishery Management issues may not be the subject of formal This meeting is physically accessible Councils, in conjunction with NOAA action during this meeting. Action will to people with disabilities. Requests for Fisheries and the Atlantic and Gulf be restricted to those issues specifically sign language interpretation or other States Marine Fisheries Commissions, identified in this notice and any issues auxiliary aids should be directed to have implemented the Southeast Data, arising after publication of this notice Thomas A. Nies, Executive Director, at Assessment and Review (SEDAR) that require emergency action under (978) 465–0492, at least 5 days prior to process, a multi-step method for section 305(c) of the Magnuson-Stevens the meeting date. This meeting will be determining the status of fish stocks in Fishery Conservation and Management recorded. Consistent with 16 U.S.C. the Southeast Region. SEDAR is a three- Act, provided the public has been 1852, a copy of the recording is step process including: (1) Data notified of the intent to take final action available upon request. Workshop; (2) Assessment Process to address the emergency. Authority: 16 U.S.C. 1801 et seq. utilizing webinars; and (3) Review Special Accommodations Workshop. The product of the Data Dated: March 12, 2020. This meeting is accessible to people Workshop is a data report which Tracey L. Thompson, with disabilities. Requests for auxiliary compiles and evaluates potential Acting Deputy Director, Office of Sustainable aids should be directed to the South datasets and recommends which Fisheries, National Marine Fisheries Service. Atlantic Fishery Management Council datasets are appropriate for assessment [FR Doc. 2020–05497 Filed 3–16–20; 8:45 am] office (see ADDRESSES) at least 5 analyses. The product of the Assessment BILLING CODE 3510–22–P business days prior to the meeting. Process is a stock assessment report which describes the fisheries, evaluates Note: The times and sequence specified in this agenda are subject to change. DEPARTMENT OF COMMERCE the status of the stock, estimates biological benchmarks, projects future Authority: 16 U.S.C. 1801 et seq. National Oceanic and Atmospheric population conditions, and recommends Dated: March 12, 2020. Administration research and monitoring needs. The assessment is independently peer Tracey L. Thompson, [RTID 0648–XA081] reviewed at the Review Workshop. The Acting Deputy Director, Office of Sustainable product of the Review Workshop is a Fisheries, National Marine Fisheries Service. Fisheries of the Atlantic; Southeast Summary, documenting panel opinions [FR Doc. 2020–05495 Filed 3–16–20; 8:45 am] Data, Assessment, and Review regarding the strengths and weaknesses BILLING CODE 3510–22–P (SEDAR); Public Meeting of the stock assessment and input data. Participants for SEDAR Workshops are AGENCY: National Marine Fisheries appointed by the Gulf of Mexico, South DEPARTMENT OF COMMERCE Service (NMFS), National Oceanic and Atlantic, and Caribbean Fishery Atmospheric Administration (NOAA), Management Councils and NOAA National Oceanic and Atmospheric Commerce. Fisheries Southeast Regional Office, Administration ACTION: Notice of SEDAR 65 Assessment Highly Migratory Species Management [RTID 0648–XF505] Webinar II for Highly Migratory Species Division, and Southeast Fisheries Atlantic Blacktip Shark. Science Center. Participants include: Takes of Marine Mammals Incidental to Data collectors and database managers; Specified Activities; Taking Marine SUMMARY: The SEDAR 65 assessment of stock assessment scientists, biologists, Mammals Incidental to Construction the Atlantic stock of Blacktip Shark will and researchers; constituency Activities Associated With the Raritan consist of a series of workshops and representatives including fishermen, Bay Pipeline webinars: Data Workshop; Assessment environmentalists, and non- Webinars; and a Review workshop. AGENCY: National Marine Fisheries governmental organizations (NGOs); Service (NMFS), National Oceanic and DATES: The SEDAR 65 Assessment international experts; and staff of Atmospheric Administration (NOAA), Webinar II has been scheduled for April Councils, Commissions, and state and Commerce. 17, 2020, from 12 p.m. until 3 p.m., federal agencies. The items of ACTION: Notice; issuance of an incidental Eastern Standard Time. discussion at the Assessment Webinar II harassment authorization. ADDRESSES: are as follows:

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SUMMARY: In accordance with the and reporting of such takings are set Bay, the Lower New York Bay, and the regulations implementing the Marine forth. Atlantic Ocean (see Figure 1 in the IHA Mammal Protection Act (MMPA) as The definitions of all applicable application). amended, notification is hereby given MMPA statutory terms cited above are A detailed description of Transco’s that NMFS has issued an incidental included in the relevant sections below. planned activities is provided in the harassment authorization (IHA) to notice of proposed IHA (84 FR 45955; Summary of Request Transcontinental Gas Pipe Line September 9, 2019). Since that time, no Company, LLC (Transco), a subsidiary On February 7, 2019, NMFS received changes have been made to the of Williams Partners L.P., to a request from Transco for an IHA to activities. Therefore, a detailed incidentally harass, by Level A and take marine mammals incidental to description is not provided here. Please Level B harassment, marine mammals construction activities associated with refer to that notice for the detailed incidental to construction activities the Raritan Bay Loop pipeline offshore description of the specified activity. associated with the Raritan Bay of New York and New Jersey. Transco Mitigation, monitoring, and reporting Pipeline. submitted a revised version of the measures are described in detail later in this document (please see ‘‘Mitigation’’ DATES: This authorization is valid from application on May 23, 2019, and this and ‘‘Monitoring and Reporting’’). May 1, 2021 through April 30, 2022. application was deemed adequate and complete. Transco’s request is for take FOR FURTHER INFORMATION CONTACT: Comments and Responses of 10 species of marine mammals by Jordan Carduner, Office of Protected harassment. Neither Transco nor NMFS A notice of proposed IHA was Resources, NMFS, (301) 427–8401. expects serious injury or mortality to published in the Federal Register on Electronic copies of the application and result from this activity and, therefore, September 9, 2019 (84 FR 45955). supporting documents, as well as a list an IHA is appropriate. During the 30-day public comment of the references cited in this document, period, NMFS received a comment letter may be obtained online at: Description of the Proposed Activity from the Marine Mammal Commission www.fisheries.noaa.gov/permit/ Overview (Commission) and one comment from a incidental-take-authorizations-under- member of the general public. NMFS marine-mammal-protection-act. In case Transco, a subsidiary of Williams has posted the comments online at: of problems accessing these documents, Partners L.P., is proposing to expand its www.fisheries.noaa.gov/national/ please call the contact listed above. existing interstate natural gas pipeline marine-mammal-protection/incidental- SUPPLEMENTARY INFORMATION: system in Pennsylvania and New Jersey take-authorizations-other-energy- and its existing offshore natural gas Background activities-renewable. pipeline system in New Jersey and New A summary of the public comments The MMPA prohibits the ‘‘take’’ of York waters. The Northeast Supply received and NMFS’ responses to those marine mammals, with certain Enhancement Project would consist of comments are below. exceptions. Sections 101(a)(5)(A) and several components, including offshore Comment 1: A member of the general (D) of the MMPA (16 U.S.C. 1361 et pipeline facilities in New Jersey and public asked several questions seq.) direct the Secretary of Commerce New York. The proposed offshore including whether Transco (as delegated to NMFS) to allow, upon pipeline facilities would include the demonstrated prior cooperation with request, the incidental, but not Raritan Bay Loop pipeline, which NOAA for any previously-issued intentional, taking of small numbers of would be located primarily in Raritan authorizations; whether Transco marine mammals by U.S. citizens who Bay, as well as parts of the Lower New qualifies and trains the PSOs that will engage in a specified activity (other than York Bay and the Atlantic Ocean. be responsible for marine mammal; commercial fishing) within a specified Construction of the Raritan Bay Loop what kind of reporting NOAA will geographical region if certain findings pipeline would require pile installation receive regarding Transco’s activities; are made and either regulations are and removal, using both impact and how the environmental review for the issued or, if the taking is limited to vibratory pile driving, which may result proposed project is being handled to harassment, a notice of a proposed in the incidental take of marine ensure that pipeline leakages and incidental take authorization may be mammals. Transco would install and vibrational noise from operations are provided to the public for review. remove a total of 163 piles, which addressed; and the definition of ‘‘take’’. Authorization for incidental takings would range in size from 10 to 60 inches NMFS response: The answers to the shall be granted if NMFS finds that the in diameter, using a vibratory device commenter’s questions are provided in taking will have a negligible impact on and/or diesel impact hammer. These the IHA application the notice of the species or stock(s) and will not have piles would be temporary; they would proposed IHA (84 FR 45955; September an unmitigable adverse impact on the remain in the water only for the 9, 2019). The commenter does not availability of the species or stock(s) for duration of each related offshore provide any substantive taking for subsistence uses (where construction activity. Once offshore recommendations regarding the IHA relevant). Further, NMFS must prescribe construction of the project is complete, therefore we have not made any the permissible methods of taking and all piles installed by Transco would be revisions to the IHA in response to the other ‘‘means of effecting the least removed. In-water construction is comment. practicable adverse impact’’ on the anticipated to occur between the 2nd Comment 2: The Commission affected species or stocks and their quarter of 2020 and the 4th quarter of recommended that NMFS revise the habitat, paying particular attention to 2020. Pile installation and removal numbers of authorized takes for gray rookeries, mating grounds, and areas of activities are planned to occur from June and harbor seals by: Estimating a daily similar significance, and on the through August 2020, however the sightings rate (versus a monthly availability of such species or stocks for timeframe for pile removal may occur in sightings rate); relying on observational taking for certain subsistence uses fall 2020. Pile installation and removal data from Sandy Hook Bay as opposed (referred to in shorthand as activities are expected to take a total of to Cupsogue Beach Park; and, using the ‘‘mitigation’’); and requirements 65.5 days. Transco’s proposed activity total estimated take of harbor seals to pertaining to the mitigation, monitoring would occur in the waters of Raritan inform the number of gray seal takes

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(rather than being reduced by the sightings rate to estimate take, and Comment 5: The Commission number of gray seal takes). The increased the number of authorized recommended that NMFS include a Commission recommended that NMFS takes by Level A harassment based on requirement for Skipjack to provide authorize 833 Level B harassment takes 14 days of impact pile driving. We have marine mammal observational and at least 14 Level A harassment takes authorized 35 Level B harassment takes datasheets or raw sightings data in its of gray seals and that we authorize at and 14 Level A harassment takes of draft and final monitoring report. least 1,593 Level A harassment takes humpback whales. Please see the Response: NMFS agrees with the and 6,136 Level B harassment takes of ‘‘Estimated Take’’ section below for Commission’s recommendation and has harbor seals. further details on the methods for incorporated this requirement in the NMFS response: We agree with the determining the take estimates for IHA. Commission’s recommendations to humpback whales. Comment 6: The Commission revise harbor and gray seal takes by Comment 4: The Commission recommended that NMFS include a estimating a daily sightings rate as recommended that NMFS increase the requirement to estimate the total takes opposed to a monthly sightings rate, and number of Level B harassment takes of by extrapolating Level A and B to use the total estimated takes of harbor North Atlantic right whales from two to harassment takes to the proportion of seals to inform the number of gray seal at least three based on average group the zones that are not visible by PSOs takes, rather than reducing the number size. and ensure that Transco keeps a running of harbor seal takes by the estimated NMFS response: The Commission tally of the total takes for each species number of gray seal takes; we have refers to authorized take numbers of while the project is underway. taken both of these steps in estimating right whales in three previously issued Response: NMFS agrees with the revised take numbers in the final IHA. IHAs as justification for increasing Commission’s recommendation and has We do not agree with the Commission’s group size from two to at least three incorporated this requirement in the recommendation to rely on North Atlantic right whales in this IHA. IHA. observational data from Sandy Hook One previously-issued IHA cited by the Comment 7: The Commission Bay as opposed to Cupsogue Beach Park Commission (NMFS, 2015; 80 FR 27635) recommended that NMFS include the for harbor seal take estimates because, authorized three takes of right whales number and location of PSOs in the while Sandy Hook Bay is closer to the apparently to account for group size; final IHA rather than referencing the project location, we do not consider the however, a review of that IHA shows the application. data from Sandy Hook Bay to be reliable citation relied upon for that group size Response: NMFS agrees with the for estimating a take estimate. The data estimate, which summarized right Commission’s recommendation and has from Sandy Hook Bay is based on a whale sightings during vessel-based incorporated this requirement in the much smaller sample size (only 24 data surveys offshore New Jersey from 2008– IHA. points over a period of 10 years for 2009, reported group size ranged from Changes From the Proposed IHA to Sandy Hook Bay compared with 32 one to two whales (Whitt et al., 2013). Final IHA surveys from 2018–2019 for Cupsogue Another previously-issued IHA cited by Beach Park) and is based on citizen the Commission (NMFS, 2014; 79 FR As described above, revisions have science alone, as opposed to the data 57538) authorized the take of five right been made to the take estimates for available from Cupsogue Beach Park whales; however, a review of that IHA harbor seals, gray seals and humpback which is based on systematic data shows that the authorized take number whales. These changes are also collected over multiple years by the was based on the actual modeled described in greater detail in the Coastal Research and Education Society number of takes, not on an estimate of ‘‘Estimated Take’’ section below. mean group size. The third previously- of Long Island, which conducts research Description of Marine Mammals in the issued IHA cited by the Commission on marine mammals in the project area. Area of Specified Activity We have authorized 1,535 Level B (NMFS, 2014; 79 FR 52121) authorized harassment takes and 399 Level A the take of three right whales; however, Sections 3 and 4 of the IHA harassment takes of gray seals, and a review of that IHA shows that the application summarize available 4,264 Level B harassment takes and citation for mean group size, the Bureau information regarding status and trends, 1,107 Level A harassment takes of of Land Management’s Cetacean and distribution and habitat preferences, harbor seals. Please see the ‘‘Estimated Turtle Assessment Program (CeTAP), and behavior and life history, of the Take’’ section below for further details reported a mean group size of 2.6 right potentially affected species. Additional on the methods for determining the take whales (CeTAP, 1982), but CeTAP information regarding population trends estimates for harbor and gray seals. surveys included areas of known and threats may be found in NMFS’ Comment 3: The Commission feeding aggregations which would result Stock Assessment Reports (SARs; recommended that NMFS revise the in higher mean group size estimates. www.fisheries.noaa.gov/national/ numbers of authorized takes of While larger group sizes of right whales marine-mammal-protection/marine- humpback whales, specifically by are known to occur in areas of mammal-stock-assessments) and more obtaining the most recent 2018 and 2019 importance for feeding, the project area general information about these species sightings data from Gotham Whale and is not an important feeding area, (e.g., physical and behavioral using a daily sightings rate to estimate therefore any right whales in the area descriptions) may be found on NMFS’ take, and including a sufficient number would be expected to be migrating website (www.fisheries.noaa.gov/find- of Level A harassment takes of through the area. An average group size species). humpback whales based on 14 days of of two represents the best estimate for We expect that the species listed in impact pile driving. right whales that are migrating, and this Table 1 will potentially occur in the NMFS response: We agree with the is supported by sightings near the project area and will potentially be Commission’s recommendations project area off New Jersey from 2008– taken as a result of the proposed project. regarding the methods for estimating 2009 (Whitt et al, 2013). We have Table 1 summarizes information related takes of humpback whales and have therefore not revised the number of to the population or stock, including obtained the 2018 and 2019 sightings authorized Level B harassment takes of regulatory status under the MMPA and data from Gotham Whale, used a daily North Atlantic right whales. ESA and potential biological removal

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(PBR), where known. For taxonomy, we as a gross indicator of the status of the some species, this geographic area may follow Committee on Taxonomy (2018). species and other threats. extend beyond U.S. waters. All managed PBR is defined by the MMPA as the Marine mammal abundance estimates stocks in this region are assessed in maximum number of animals, not presented in this document represent NMFS’ U.S. Atlantic SARs. All values including natural mortalities, that may the total number of individuals that presented in Table 1 are the most recent be removed from a marine mammal make up a given stock or the total available at the time of publication and stock while allowing that stock to reach number estimated within a particular are available in the 2018 Atlantic SARs or maintain its optimum sustainable study or survey area. NMFS’ stock (Hayes et al., 2019) available online at: population (as described in NMFS’ abundance estimates for most species www.fisheries.noaa.gov/action/2018- represent the total estimate of SARs). While no mortality is anticipated draft-marine-mammal-stock- individuals within the geographic area, or authorized here, PBR is included here assessment-reports-available. if known, that comprises that stock. For TABLE 1—MARINE MAMMALS KNOWN TO OCCUR IN THE PROJECT AREA THAT MAY BE AFFECTED BY THE SPECIFIED ACTIVITY

MMPA Common name and ESA Stock abundance Predicted Annual Occurrence and seasonality Stock status; (CV, N , most recent abundance PBR 4 (scientific name) min M/SI 4 in project area strategic abundance survey) 2 (CV) 3 (Y/N) 1

Toothed whales (Odontoceti)

Bottlenose dolphin (Tursiops W. North At- -;N 77,532 (0.40; 56,053; 5 97,476 (0.06) 561 39.4 ...... Rare in summer; absent in truncatus). lantic, Off- 2011). winter. shore. W. North At- -;N 6,639 (0.41; 4,759; ...... 48 unknown ... Common year round. lantic Coast- 2015). al Migratory. Common dolphin 6 (Delphinus W. North At- -;N 173,486 (0.55; 55,690; 86,098 (0.12) 557 406 ...... Common year round. delphis). lantic. 2011). Harbor porpoise (Phocoena Gulf of Maine/ -;N 79,833 (0.32; 61,415; * 45,089 (0.12) 706 255 ...... Common year round. phocoena). Bay of 2011). Fundy.

Baleen whales (Mysticeti)

North Atlantic right whale W. North At- E; Y 451 (0; 455; n/a) ...... * 535 (0.45) 0.9 56 ...... Year round in continental (Eubalaena glacialis). lantic. shelf and slope waters, occur seasonally. Humpback whale 7 Gulf of Maine -;N 896 (0.42; 239; n/a) ..... * 1,637 (0.07) 14.6 9.8 ...... Common year round. (Megaptera novaeangliae). Minke whale 6 (Balaenoptera Canadian East -;N 20,741 (0.3; 1,425; n/a) * 2,112 (0.05) 14 7.5 ...... Year round in continental acutorostrata). Coast. shelf and slope waters, occur seasonally.

Earless seals (Phocidae)

Gray seal 8 (Halichoerus W. North At- -;N 27,131 (0.10; 25,908; ...... 1,389 5,688 ...... Common year round. grypus). lantic. n/a). Harbor seal (Phoca vitulina) .. W. North At- -;N 75,834 (0.15; 66,884; ...... 2,006 345 ...... Common year round. lantic. 2012). Harp seal (Pagophilus W. North At- -;N 7,411,000 (unk.; unk; ...... unk 225,687 .... Rare groenlandicus). lantic. 2014). 1 ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as de- pleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR (see footnote 3) or which is de- termined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 Stock abundance as reported in NMFS marine mammal stock assessment reports (SAR) except where otherwise noted. SARs available online at: www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. For certain stocks, abundance estimates are actual counts of animals and there is no associated CV. The most re- cent abundance survey that is reflected in the abundance estimate is presented; there may be more recent surveys that have not yet been incorporated into the esti- mate. All values presented here are from the 2018 draft Atlantic SARs. 3 This information represents species- or guild-specific abundance predicted by recent habitat-based cetacean density models (Roberts et al., 2016, 2017, 2018). These models provide the best available scientific information regarding predicted density patterns of cetaceans in the U.S. Atlantic Ocean, and we provide the cor- responding abundance predictions as a point of reference. Total abundance estimates were produced by computing the mean density of all pixels in the modeled area and multiplying by its area. For those species marked with an asterisk, the available information supported development of either two or four seasonal models; each model has an associated abundance prediction. Here, we report the maximum predicted abundance. 4 Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP). Annual M/SI, found in NMFS’ SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, subsistence hunting, ship strike). Annual M/SI values often cannot be determined precisely and is in some cases presented as a minimum value. All M/SI values are as presented in the draft 2018 SARs. 5 Abundance estimates are in some cases reported for a guild or group of species when those species are difficult to differentiate at sea. Similarly, the habitat- based cetacean density models produced by Roberts et al. (2016) are based in part on available observational data which, in some cases, is limited to genus or guild in terms of taxonomic definition. Roberts et al. (2016) produced a density model for bottlenose dolphins that does not differentiate between offshore and coastal stocks. 6 Abundance as reported in the 2007 Canadian Trans-North Atlantic Sighting Survey (TNASS), which provided full coverage of the Atlantic Canadian coast (Lawson and Gosselin, 2009). Abundance estimates from TNASS were corrected for perception and availability bias, when possible. In general, where the TNASS survey ef- fort provided superior coverage of a stock’s range (as compared with NOAA shipboard survey effort), the resulting abundance estimate is considered more accurate than the current NMFS abundance estimate (derived from survey effort with inferior coverage of the stock range). NMFS stock abundance estimate for the common dolphin is 70,184. NMFS stock abundance estimate for the fin whale is 1,618. NMFS stock abundance estimate for the minke whale is 2,591. 7 2018 U.S. Atlantic draft SAR for the Gulf of Maine feeding population lists a current abundance estimate of 896 individuals. However, we note that the estimate is defined on the basis of feeding location alone (i.e., Gulf of Maine) and is therefore likely an underestimate. 8 NMFS stock abundance estimate applies to U.S. population only, actual stock abundance is approximately 505,000.

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Two marine mammal species that are stock in the wild (Level A harassment); Level B Harassment—Though listed under the Endangered Species Act or (ii) has the potential to disturb a significantly driven by received level, (ESA) may be present in the project area marine mammal or marine mammal the onset of behavioral disturbance from and may be taken incidental to the stock in the wild by causing disruption anthropogenic noise exposure is also proposed activity: The North Atlantic of behavioral patterns, including, but informed to varying degrees by other right whale and fin whale. not limited to, migration, breathing, factors related to the source (e.g., A detailed description of the of the nursing, breeding, feeding, or sheltering frequency, predictability, duty cycle), species likely to be affected by Transco’s (Level B harassment). the environment (e.g., bathymetry), and activities, including brief introductions Authorized takes would primarily be the receiving animals (hearing, to the species and relevant stocks as by Level B harassment, as noise from motivation, experience, demography, well as available information regarding pile driving has the potential to result behavioral context) and can be difficult population trends and threats, and in disruption of behavioral patterns for to predict (Southall et al., 2007; Ellison information regarding local occurrence, individual marine mammals. There is et al., 2012). Based on what the were provided in the notice of proposed also some potential for auditory injury available science indicates and the IHA (84 FR 45955; September 9, 2019); (Level A harassment) to result. The practical need to use a threshold based since that time, we are not aware of any mitigation and monitoring measures are on a factor that is both predictable and changes in the status of these species expected to minimize the severity of measurable for most activities, NMFS and stocks; therefore, detailed such taking to the extent practicable. uses a generalized acoustic threshold descriptions are not provided here. The mitigation and monitoring based on received level to estimate the Please refer to that notice for these measures are expected to minimize the onset of behavioral harassment. NMFS descriptions. Please also refer to NMFS’ severity of such taking to the extent predicts that marine mammals are likely website (www.fisheries.noaa.gov/find- practicable. to be behaviorally harassed in a manner species) for generalized species As described previously, no mortality we consider Level B harassment when accounts. is anticipated or authorized for this exposed to underwater anthropogenic Potential Effects of Specified Activities activity. Below we describe how the noise above received levels of 160 dB re on Marine Mammals and Their Habitat take is estimated. 1 mPa (rms) for impulsive and/or intermittent sources (e.g., impact pile The effects of underwater noise from Generally speaking, we estimate take driving) and 120 dB rms for continuous Transco’s construction activities have by considering: (1) Acoustic thresholds sources (e.g., vibratory driving). the potential to result in behavioral above which NMFS believes the best Transco’s proposed activity includes the harassment of marine mammals in the available science indicates marine use of intermittent sources (impact pile vicinity of the survey area. The notice mammals will be behaviorally harassed driving) and continuous sources of proposed IHA (84 FR 45955; or incur some degree of permanent (vibratory driving), therefore use of the September 9, 2019) included a hearing impairment; (2) the area or 120 and 160 dB re 1 mPa (rms) discussion of the effects of volume of water that will be ensonified thresholds are applicable. anthropogenic noise on marine above these levels in a day; (3) the mammals and the potential effects of density or occurrence of marine Level A harassment—NMFS’ underwater noise from Skipjack’s mammals within these ensonified areas; Technical Guidance for Assessing the survey activities on marine mammals and, (4) and the number of days of Effects of Anthropogenic Sound on and their habitat. That information and activities. We note that while these Marine Mammal Hearing (Version 2.0) analysis is incorporated by reference basic factors can contribute to a basic (Technical Guidance, 2018) identifies into this final IHA determination and is calculation to provide an initial dual criteria to assess auditory injury not repeated here; please refer to the prediction of takes, additional (Level A harassment) to five different notice of proposed IHA (84 FR 45955; information that can qualitatively marine mammal groups (based on September 9, 2019). inform take estimates is also sometimes hearing sensitivity) as a result of available (e.g., previous monitoring exposure to noise from two different Estimated Take results or average group size). Below, we types of sources (impulsive or non- This section provides an estimate of describe the factors considered here in impulsive). The components of the number of incidental takes more detail and present the take Transco’s proposed activity that may authorized through this IHA, which will estimate. result in the take of marine mammals include the use of impulsive and non- inform both NMFS’ consideration of Acoustic Thresholds ‘‘small numbers’’ and the negligible impulsive sources. impact determination. Using the best available science, These thresholds are provided in Harassment is the only type of take NMFS has developed acoustic Table 2 below. The references, analysis, expected to result from these activities. thresholds that identify the received and methodology used in the Except with respect to certain activities level of underwater sound above which development of the thresholds are not pertinent here, section 3(18) of the exposed marine mammals would be described in NMFS 2018 Technical MMPA defines ‘‘harassment’’ as any act reasonably expected to be behaviorally Guidance, which may be accessed at: of pursuit, torment, or annoyance, harassed (equated to Level B www.fisheries.noaa.gov/national/ which (i) has the potential to injure a harassment) or to incur PTS of some marine-mammal-protection/marine- marine mammal or marine mammal degree (equated to Level A harassment). mammal-acoustic-technical-guidance.

TABLE 2—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

PTS onset acoustic thresholds * Hearing group (received level) Impulsive Non-impulsive

Low-Frequency (LF) Cetaceans ...... Cell 1: Lpk,flat: 219 dB; LE,LF,24h: 183 dB ...... Cell 2: LE,LF,24h: 199 dB.

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TABLE 2—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT—Continued

PTS onset acoustic thresholds * Hearing group (received level) Impulsive Non-impulsive

Mid-Frequency (MF) Cetaceans ...... Cell 3: Lpk,flat: 230 dB; LE,MF,24h: 185 dB ...... Cell 4: LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Cell 5: Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...... Cell 6: LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Cell 7: Lpk,flat: 218 dB; LE,PW,24h: 185 dB ...... Cell 8: LE,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) ...... Cell 9: Lpk,flat: 232 dB; LE,OW,24h: 203 dB ...... Cell 10: LE,OW,24h: 219 dB. * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul- sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. 2 Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.

Ensonified Area or water surface, resulting in a 6 dB recorded during various in-water pile Here, we describe operational and reduction in sound level for each driving projects in California, Oregon, environmental parameters of the activity doubling of distance from the source Washington, and Nebraska. The that will feed into identifying the area (20*log(range)). Cylindrical spreading compendium is a commonly used ensonified above the acoustic occurs in an environment in which reference document for pile driving thresholds, which include source levels sound propagation is bounded by the source levels when analyzing potential and transmission loss coefficient. water surface and sea bottom, resulting impacts on protected species, including Sound Propagation—Transmission in a reduction of 3 dB in sound level for marine mammals, from pile driving loss (TL) is the decrease in acoustic each doubling of distance from the activities. intensity as an acoustic pressure wave source (10*log(range)). As is common The proposed project would include propagates out from a source. TL practice in coastal waters, here we impact and vibratory installation and parameters vary with frequency, assume practical spreading loss (4.5 dB vibratory removal of 0.25-m (10-in), temperature, sea conditions, current, reduction in sound level for each 0.61-m (24-in), 0.86-m (34-in), 0.91-m source and receiver depth, water depth, doubling of distance). Practical (36-in), 0.91- to 1.2-m (36- to 48-in), and water chemistry, and bottom spreading is a compromise that is often 1.5-m (60-in)-diameter steel pipe piles. composition and topography. The used under conditions where water Reference source levels from Caltrans general formula for underwater TL is: depth increases as the receiver moves (2015) were determined using data for TL = B * log10(R1/R2) away from the shoreline, resulting in an piles of similar sizes, the same pile expected propagation environment that where, driving method as that proposed for the would lie between spherical and project, and at similar water depths B = transmission loss coefficient (assumed to cylindrical spreading loss conditions. be 15) (Table 3). While the pile sizes and water R1 = the distance of the modeled SPL from Sound Source Levels—The intensity depths chosen as proxies do not exactly the driven pile, and of pile driving sounds is greatly match those for the proposed project, R2 = the distance from the driven pile of the influenced by factors such as the type of they represent the closest matches initial measurement. piles, hammers, and the physical available. It is assumed that the source This formula neglects loss due to environment in which the activity takes levels shown in Table 3 are the most scattering and absorption, which is place. Acoustic measurements of pile representative for each pile type and assumed to be zero here. The degree to driving at the project area are not associated pile driving method. To be which underwater sound propagates available. Therefore, to estimate sound conservative, the representative sound away from a sound source is dependent levels associated with the proposed source levels were based on the largest on a variety of factors, most notably the project, representative source levels for pile expected to be driven/removed at water bathymetry and presence or installation and removal of each pile each potential in-water construction absence of reflective or absorptive type and size were identified using the site. For example, where Transco may conditions including in-water structures compendium compiled by the California use a range of pile sizes (i.e., 0.91 to 1.2 and sediments. Spherical spreading Department of Transportation (Caltrans, m (36 to 48 in)), the largest potential occurs in a perfectly unobstructed (free- 2015). The information presented in pile size (1.2 m (48 in)) was used in the field) environment not limited by depth Caltrans (2015) is a compilation of SPLs modeling.

TABLE 3—MODELED PILE INSTALLATION AND REMOVAL SOURCE LEVELS

RMS (dB) SEL Pile diameter (in) Impact Vibratory Impact Vibratory

Installation

10 ...... 150 ...... 150 24 ...... 160 ...... 160

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TABLE 3—MODELED PILE INSTALLATION AND REMOVAL SOURCE LEVELS—Continued

RMS (dB) SEL Pile diameter (in) Impact Vibratory Impact Vibratory

34 ...... 193 168 183 168 36 ...... 193 168 183 168 48 ...... 170 ...... 170 60 ...... 195 170 185 170

Removal

10 ...... 150 ...... 150 24 ...... 160 ...... 160 34 ...... 168 ...... 168 36 ...... 168 ...... 168 48 ...... 170 ...... 170 60 ...... 170 ...... 170

Since there would be many piles at pile, and results would have been nearly pile locations (Table 4) (See Figure 8 in each of the construction sites within identical for all similarly sized piles at the IHA application for the close proximately to one another, it was each construction location. In order to representative locations). not practical to estimate zones of simplify calculations, a representative influence (ZOIs) for each individual pile site was selected for eight separate

TABLE 4—REPRESENTATIVE PILE SITES SELECTED FOR MODELING

Location/mile post Pile size (MP) (inches)

HDD Morgan Offshore (MP 12.59) ...... 24 36 48 Neptune Power Cable Crossing (MP 13.84) ...... 10 MP 14.5 to MP 16.5 ...... 24 MP 28.0 to MP 29.36 ...... 34 HDD Ambrose West Side (MP 29.4) ...... 24 36 48 60 HDD Ambrose East Side (MP 30.48) ...... 24 36 48 60 MP 34.5 to MP 35.04 ...... 34 Neptune Power Cable Crossing (MP 35.04) ...... 10

For strings where only a single pile Distances to isopleths associated with which may result in some degree of type would be installed or removed (i.e., Level A and Level B harassment overestimate of Level A harassment Neptune Power Cable Crossing MP13.84 thresholds were calculated for each pile take. However, these tools offer the best and MP35.04, MP14.5 to MP16.5, size, for vibratory and impact way to predict appropriate isopleths MP28.0 to MP29.36, and MP34.5 to installation and removal activities, at when more sophisticated 3D modeling MP35.04), the representative pile the representative pile locations (Table methods are not available, and NMFS location was selected in the middle of 4). When the NMFS Technical Guidance continues to develop ways to the string. For the HDD Morgan Offshore (2016) was published, in recognition of quantitatively refine these tools, and string site, the location closest to the the fact that ensonified area/volume will qualitatively address the output platform installation was selected as the could be more technically challenging where appropriate. For stationary representative pile location as it to predict because of the duration sources such as pile driving from the represents the area with the largest pile component in the new thresholds, we proposed project the NMFS Optional sizes. The HDD Ambrose West Side and developed a User Spreadsheet that User Spreadsheet predicts the closest HDD Ambrose East Side representative includes tools to help predict a simple distance at which, if a marine mammal pile locations were selected based on isopleth that can be used in conjunction remained at that distance the whole the entry and exit pits. The HDD with marine mammal density or duration of the activity, it would incur Ambrose East Side is the entry pit and occurrence to help predict takes. We PTS. Inputs used in the Optional User the HDD Ambrose West Side is the exit note that because of some of the Spreadsheet, and the resulting isopleths, pit. This would also represent the outer assumptions included in the methods are reported below. The ‘‘Impact Pile limit of the HDD Ambrose string, and is used for these tools, we anticipate that Driving’’ and ‘‘Non-Impulse-stationary- therefore the most conservative isopleths produced are typically going continuous’’ tabs of the Optional User modeling option. to be overestimates of some degree, Spreadsheet were used to calculate

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isopleth distances to the Level A sound pressure level metrics, for all pile conservative estimate of Level A harassment thresholds for impact and sizes at the representative pile driving exposures because the SELcum metric vibratory driving, respectively. locations as described above. The largest assumes continuous exposure to the The updated acoustic thresholds for modeled isopleth distance to total duration of pile driving anticipated impulsive sounds (such as pile driving) harassment thresholds based on the for a given day, which represents an contained in the Technical Guidance peak SPL metric was 34.1 m which was unlikely scenario given that there is (NMFS, 2018) were presented as dual modeled based on 60 inch piles for the likely both some temporal and spatial metric acoustic thresholds using both high frequency functional hearing group separation between pile driving SEL and peak sound pressure level cum (threshold of 202 dB re 1 mPa). operations within a day (when multiple metrics. As dual metrics, NMFS Calculation of isopleth distances to piles are driven), and that marine considers onset of PTS (Level A relevant Level A harassment thresholds mammals are mobile and would be harassment) to have occurred when for all pile sizes and all marine mammal either one of the two metrics is functional hearing groups resulted in expected to move away from a sound exceeded (i.e., metric resulting in the greater modeled distances associated source before it reached a level that would have the potential to result in largest isopleth). The SELcum metric with the SELcum metric than the peak considers both level and duration of sound pressure level metric, thus the auditory injury. Inputs to the Optional exposure, as well as auditory weighting modeled distances associated with the User Spreadsheet are shown in Tables 5 functions by marine mammal hearing SELcum metric were carried forward in and 6. The resulting isopleth distances group. Isopleth distances to relevant the exposure analysis to be to Level A harassment thresholds are Level A harassment thresholds were conservative. It should be noted that shown in Tables 7 and 8. calculated, for both the SELcum and peak this method likely results in a

TABLE 5—INPUTS TO NMFS OPTIONAL USER SPREADSHEET (NMFS, 2018) TO CALCULATE ISOPLETH DISTANCES TO LEVEL A HARASSMENT THRESHOLDS FOR VIBRATORY DRIVING AND REMOVAL

Pile driving Pile removal Weighting Distance of Pile size Source level duration duration factor Propagation source level (representative pile location) (RMS SPL) (hours) within (hours) within adjustment (xLogR) measurement 24-hour period 24-hour Period (kHz) (m)

10 in. (Neptune Power Cable Crossing (MP 13.84)...... 150 1.0 1.0 2.5 15 10 10 in. (Neptune Power Cable Crossing MP 35.04)...... 150 0.5 0.5 2.5 15 10 24 in. (Ambrose East MP 30.48) ...... 160 1.25 5.5 2.5 15 10 24 in. (Ambrose West MP 29.4) ...... 160 1.5 0.5 2.5 15 10 24 in. (Morgan Offshore MP 12.59) ...... 160 1.0 0.3 2.5 15 10 24 in. (MP 14.5) ...... 160 1.25 2.75 2.5 15 10 36 in. (Morgan Offshore MP 12.59) ...... 168 1.0 4 2.5 15 10 36 in. (Ambrose East MP 30.48) ...... 168 0.75 0.75 2.5 15 10 36 in. (Ambrose West MP 29.4) ...... 168 0.5 0.75 2.5 15 10 48 in. (Ambrose East MP 30.48) ...... 170 2.0 2.0 2.5 15 10 48 in. (Ambrose West MP 29.4) ...... 170 1.0 2.0 2.5 15 10 48 in. (Morgan Offshore MP 12.59) ...... 170 1.0 0.75 2.5 15 10 60 in. (Ambrose East MP 30.48) ...... 170 0.25 0.25 2.5 15 10 60 in. (Ambrose West MP 29.4) ...... 170 0.5 4.0 2.5 15 10 Note: Tab A (‘‘Non Impulsive Static Continuous’’) in the NMFS Optional User Spreadsheet (NMFS, 2018) was used for all calculations for vi- bratory installation of piles.

TABLE 6–INPUTS TO NMFS OPTIONAL USER SPREADSHEET (NMFS, 2018) TO CALCULATE ISOPLETH DISTANCES TO LEVEL A HARASSMENT THRESHOLDS FOR IMPACT DRIVING

Distance of Source level Number of Number of Weighting Propagation source level Pile size (representative pile location) (RMS SPL) strikes per pile piles per day Factor Adjust- (xLogR) measurement ment (kHz) (m)

36 in. (Morgan Offshore MP 12.59) ...... 183 2,500 2/4* 2 15 10 60 in. (Ambrose West ...... 185 3,382 2 2 15 10 *The number of piles driven per day will vary based on the construction schedule, thus both scenarios (i.e. 2 and 4 piles driven per day) were modeled. Note: Tab E1 (‘‘Impact Pile Driving’’) in the NMFS Optional User Spreadsheet (NMFS, 2018) was used for all calculations for impact pile driving.

NMFS has established Level B removal equipment to the Level B threshold for vibratory driving/removal harassment thresholds of 160 dB re1mPa harassment thresholds were calculated, were estimated to propagate as far as (rms) for impulsive sounds (e.g., impact using the distance to the 160 dB 21,544 m (13 mi) from pile installation pile driving) and 120 dB re1mPa (rms) threshold for the diesel impact hammer and removal activities based on for non-impulsive sounds (e.g., and the distance to the 120 dB threshold modeling, it is likely that the noise vibratory driving and removal). Based for the vibratory device, at the produced from vibratory activities on the predicted source levels representative pile locations (Table 4). It associated with the project would be associated with various pile sizes (Table should be noted that while sound levels masked by background noise before 3) the distances from the pile driving/ associated with the Level B harassment reaching this distance, as the Port of

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New York and New Jersey, which propagate throughout the project area. distances to isopleths associated with represents the busiest port on the east However, take estimates conservatively Level B harassment thresholds for coast of the United States and the third assume propagation of project-related impact and vibratory driving are shown busiest port in the United States, is noise to the full extent of the modeled in Tables 7 and 8. located near the project area and sounds isopleth distance to the Level B from the port and from vessel traffic harassment threshold. The modeled

TABLE 7—MODELED ISOPLETH DISTANCES TO LEVEL A AND LEVEL B HARASSMENT THRESHOLDS FOR IMPACT AND VIBRATORY PILE INSTALLATION

Low- Mid- High- Cetaceans frequency frequency frequency Phocid and cetaceans cetaceans cetaceans seals phocids

Impulsive ...... 183 dB 185 dB 155 dB 185 dB 160 dB Non-Impulsive ...... 199 dB 198 dB 173 dB 201 dB 120 dB

Location/mile post Pile size Hammer Distance to Level A harassment threshold (m) * Distance to (MP) (inches) type Level B harassment threshold (m)

HDD Morgan Offshore (MP 12.59) .... 24 Vibratory ...... 5.9 0.5 8.7 3.6 4,641.6 36 Vibratory ...... 20.0 1.8 29.6 12.2 15,848.9 Impact ...... 4,635.2 164.9 5,521.3 2,480.6 1,584.9 48 Vibratory ...... 27.2 2.4 40.2 16.5 21,544.3 Neptune Power Cable Crossing (MP 10 Vibratory...... 1.3 0.1 1.9 0.8 1,000.0 13.84). MP 14.5 to MP 16.5 ...... 24 Vibratory ...... 6.8 0.6 10.1 4.1 4,641.6 MP 28.0 to MP 29.36 ...... 34 Vibratory ...... 20.0 1.8 29.6 12.2 15,848.9 HDD Ambrose West Side (MP 29.4) 24 Vibratory ...... 7.7 0.7 11.3 4.7 4,641.6 36 Vibratory ...... 12.6 1.1 18.6 7.7 15,848.9 48 Vibratory ...... 27.2 2.4 40.2 16.5 21,544.3 60 Vibratory ...... 17.1 1.5 25.3 10.4 21,544.3 Impact ...... 4,855.2 172.7 5,783.3 2,598.3 2,154.4 HDD Ambrose East Side (MP 30.48) 24 Vibratory ...... 6.8 0.6 10.1 4.1 4,641.6 36 Vibratory ...... 16.5 1.5 24.4 10.0 15,848.9 48 Vibratory ...... 43.2 3.8 63.8 26.2 21,544.3 60 Vibratory ...... 10.8 1.0 16.0 6.6 21,544.3 MP 34.5 to MP 35.04 ...... 34 Vibratory ...... 12.6 1.1 18.6 7.7 15,848.9 Impact ...... 2,920.0 103.9 3,478.2 1,562.7 1,584.9 Neptune Power Cable Crossing (MP 10 Vibratory...... 0.8 0.1 1.2 0.5 1,000.0 35.04). * All distances shown are based on the SELcum metric. Distances to the peak SPL metric for impact driving were smaller than those for the SELcum metric for all pile sizes and scenarios.

TABLE 8—MODELED ISOPLETH DISTANCES TO LEVEL A AND LEVEL B HARASSMENT THRESHOLDS FOR VIBRATORY PILE REMOVAL

Low- Mid- High- Cetaceans frequency frequency frequency Phocid and cetaceans cetaceans cetaceans seals phocids

Non-Impulsive ...... 199 dB 198 dB 173 dB 201 dB 120 dB

Location/mile post Pile size Hammer Distance to level A harassment threshold (m) * Distance to (MP) (inches) type Level B harassment threshold (m)

HDD Morgan Offshore (MP 12.59) .... 24 Vibratory ...... 2.6 0.2 3.9 1.6 4,641.6 36 Vibratory ...... 50.4 4.5 74.5 30.6 15,848.9 48 Vibratory ...... 22.4 2.0 33.2 13.6 21,544.3 Neptune Power Cable Crossing (MP 10 Vibratory...... 1.3 0.1 1.9 0.8 1,000.0 13.84). MP 14.5 to MP 16.5 ...... 24 Vibratory ...... 11.5 1.0 17.0 7.0 4,641.6 MP 28.0 to MP 29.36 ...... 34 Vibratory ...... 41.6 3.7 61.5 25.3 15,848.9 HDD Ambrose West Side (MP 29.4) 24 Vibratory ...... 3.7 0.3 5.5 2.2 4,641.6 36 Vibratory ...... 16.5 1.5 24.4 10.0 15,848.9 48 Vibratory ...... 43.2 3.8 63.8 26.2 21,544.3 60 Vibratory ...... 68.5 6.1 101.3 41.6 21,544.3 HDD Ambrose East Side (MP 30.48) 24 Vibratory ...... 18.3 1.6 27.0 11.1 4,641.6 36 Vibratory ...... 16.5 1.5 24.4 10.0 15,848.9 48 Vibratory ...... 43.2 3.8 63.8 26.2 21,544.3

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Location/mile post (MP)

60 Vibratory ...... 10.8 1.0 16.0 6.6 21,544.3 MP 34.5 to MP 35.04 ...... 34 Vibratory ...... 12.6 1.1 18.6 7.7 15,848.9 Neptune Power Cable Crossing (MP 10 Vibratory...... 0.8 0.1 1.2 0.5 1,000.0 35.04).

Marine Mammal Occurrence marine mammals for pile installation for each pile size for vibratory and In this section we provide the and removal activities. It should be impact installation and removal information about the presence, density, noted that this approach likely results in activities at the representative pile or group dynamics of marine mammals conservative estimates of cetacean locations within the Project area, as that will inform the take calculations. density for the project area, as cetacean described above. There are no marine mammal density densities in Raritan Bay are expected to 2. GIS analysis was then used, estimates for Raritan Bay. The best be lower than the densities in the areas incorporating these distance values and available information regarding marine of the Atlantic Ocean from which the a viewshed analysis (described below), mammal densities in the project area is densities were extrapolated (with the to calculate resulting ZOIs. provided by habitat-based density exception of humpback whales, as 3. Species density estimations were models produced by the Duke described below). incorporated in the GIS analysis to University Marine Geospatial Ecology For harbor seals and gray seals, determine estimated number of daily Laboratory (Roberts et al., 2016, 2017, densities were first obtained from exposures. 2018). These density models were Roberts et al. (2018), as described above 4. Daily exposure estimates were originally developed for all cetacean for cetacean densities. However, multiplied by the duration (days) of the taxa in the U.S. Atlantic (Roberts et al., because the pinniped data used in the corresponding in-water construction 2016); more information, including the Roberts et al. (2018) density models activity (based on pile size and model results and supplementary were derived from offshore aerial and location). information for each model, is available vessel surveys, the models did not As described above, the distances to online at: seamap.env.duke.edu/ accurately represent the densities of isopleths associated with Level A and models/Duke-EC-GOM-2015/. In pinnipeds that would be expected in Level B harassment thresholds were subsequent years, certain models have Raritan Bay, as they underestimate calculated for each pile size for been updated on the basis of additional densities that would be expected closer vibratory and impact installation and data as well as certain methodological to shore which would be higher than removal activities (Tables 7 and 8). improvements. Although these updated those offshore due to closer proximity to These distances to relevant thresholds models (and a newly developed seal haulouts. Thus, the extrapolation of were then incorporated into a GIS density model) are not currently pinniped densities from Roberts et al. analysis to analyze the relevant ZOIs publicly available, our evaluation of the (2018) to Raritan Bay resulted in within which take of marine mammals changes leads to a conclusion that these exposure estimates that were not would be expected to occur. represent the best scientific evidence consistent with expectations of actual Given that the proposed activity available. Marine mammal density pinniped densities based on the number would occur in a semi-enclosed bay, the estimates in the project area (animals/ of opportunistic sightings reported in modeled distances to thresholds would km2) were obtained using these model the project area. There have been no in some cases be truncated by land (i.e., results (Roberts et al., 2016, 2017, 2018). systematic studies focusing on seal the sounds from the proposed activity As noted, the updated models populations within Raritan Bay, Lower would not propagate to the full modeled incorporate additional sighting data, New York Bay, or Sandy Hook Bay. isopleth distances because of the including sightings from the NOAA Therefore, pinniped densities were presence of land, which in some cases Atlantic Marine Assessment Program for estimated using systematic data is closer to the pile driving/removal Protected Species (AMAPPS) surveys collected by Coastal Research and location than the total distances). A from 2010–2014 (NEFSC & SEFSC, Education Society of Long Island, Inc. viewshed analysis is a standard 2011b, 2012, 2014a, 2014b, 2015, 2016). (CRESLI) from November 18, 2018, to technique used in GIS to determine For each cetacean species, density data April 16, 2019, at Cupsogue Beach Park whether an area is visible from a for summer (June–August) and fall in Westhampton Beach, NY (CRESLI, specific location (Kim et al., 2004). The (September, October, November) were 2019). analysis uses an elevation value of two used to generate source grids by points with direct line of sight to Take Calculation and Estimation averaging monthly densities (see Figure determine the likelihood of seeing the 15 in the IHA application for an Here we describe how the information elevated point from the ground. example of one such source grid). Since provided above is brought together to Incorporating the viewshed analysis the source density grids do not extend produce a quantitative take estimate. allowed GIS modeling of sound to Raritan Bay, the grids were The following steps were performed to propagation to replicate how sound extrapolated to cover the bay and values estimate the potential numbers of waves traveling through the water are were pulled from the nearest grid cell to marine mammal exposures above Level truncated when they encounter land. assign density values to those empty A and Level B harassment thresholds as GIS modeling used an artificial cells in order to approximate densities a result of the proposed activity: elevation model setting the water to zero in Raritan Bay (see Figure 16 in the IHA 1. Distances to isopleths (ground) and any land mass to 100 application). The resulting density grid corresponding to Level A and Level B (elevated point) and focusing only on was used to calculate take estimates of harassment thresholds were calculated areas within the Project area where

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sound would propagate. Any land calculated between the two scenarios number of sightings from 2011 through within direct ‘line of sight’ to the sound were then carried forward in the 2019, we used the number of sightings source would prevent the sound from analysis. from 2019 (which represented the propagating farther. This method was Note that for bottlenose dolphins, the highest number of sightings per day of applied to each of the eight density data presented by Roberts et al. all years) to develop a conservative take representative pile locations. This (2016) does not differentiate between estimate for humpback whales. The simple model does not account for bottlenose dolphin stocks. Thus, the daily sightings rate in 2019 (0.54 whales diffusion, which would be minimal take estimate for bottlenose dolphins per day) was multiplied by the number with large landmasses; therefore in the calculated by the method described of days of construction activities (65.5) model no sound bends around above resulted in an estimate of the total to come up with an estimate of total landmasses. See Figure 9 in the IHA of bottlenose dolphins expected to be takes by Level B harassment (i.e., 0.54 application for an example of applying taken, from all stocks (for a total of * 65.5 = 35 takes; Table 9). To calculate the viewshed analysis to a single 6,331 takes by Level B harassment). takes by Level A harassment, we representative pile location (HDD However, as described above, both the conservatively estimated that one Morgan Offshore). Western North Atlantic Northern humpback whale may be taken by Level A custom Python script was Migratory Coastal stock and the Western A harassment during each day of impact developed to calculate potential North Atlantic Offshore stock have the pile driving (14 days); thus, we have cetacean takes due to pile installation potential to occur in the project area. As authorized 14 takes of humpback and removal activities. The script the project area represents the extreme whales by Level A harassment. overlays the species-specific Level A northern extent of the known range of As described above, local survey data and Level B harassment ZOIs (each the Western North Atlantic Northern represents the best available information clipped by the viewshed) for each pile Migratory Coastal stock, and as dolphins on abundance estimates for pinnipeds size and type at each of the from the Western North Atlantic in the project area. Estimates of take by representative pile locations (Table 4), Northern Migratory Coastal stock have Level B harassment for harbor seals over the density grid cells. The script never been documented in Raritan Bay, were calculated using systematic data then multiplies the total density value we assume that 25 percent of bottlenose collected by CRESLI from November 18, by the area of the ZOI, resulting in dolphins taken would be from the North 2018 through April 28, 2019, where a initial take estimate outputs. The Atlantic Northern Migratory Coastal total of 2,621 harbor seals were sighted following formulas were implemented stock and the remaining 75 percent of at Cupsogue Beach Park. The total by the script for each species at each bottlenose dolphins taken will be from number of sightings was divided by the representative pile location: the Western North Atlantic Offshore total number of survey days to come up stock. Thus, we allocated 75 percent of with a daily sightings rate (82 seals per Initial Level A take estimate = ZOI * d the total authorized bottlenose dolphin day). That number was then multiplied Initial Level B take estimate = ZOI * d takes to the Western North Atlantic by the number of days of construction where: Offshore stock (total 4,748 takes by activities (65.5) to come up with an ZOI = the ensonified area at or above the Level B harassment), and 25 percent to estimate of total takes by Level B species-specific acoustic threshold, the Western North Atlantic Northern harassment (i.e., 82 * 65.5 = 5,371 clipped by the viewshed. Migratory Coastal stock (total 1,583 takes). To calculate an estimate of takes d = density estimate for each species within takes by Level B harassment) (Table 9). by Level A harassment, the daily the ZOI. For humpback whales and harbor, sightings rate was multiplied by the The initial take estimates were then gray and harp seals, the methods used number of days of impact pile driving multiplied by the duration (days) of the to estimate take were slightly different (14 days, for a total of 1,107 takes by corresponding in-water construction than the methodology described above. Level A harassment). activity (based on pile size and For humpback whales, the steps above Data on gray seals in the project area location). The following formulas resulted in zero exposures above the was not available; however, anecdotal demonstrate this method: Level B harassment threshold. However, information indicates gray seals are Level A take estimate = initial take there are humpback whales are known present in the project area and may be estimate * X days of activity to occur in the project area, indicating taken by Transco’s proposed activities. Level B take estimate = initial take that potential takes may occur and Therefore, to come up with an estimate estimate * X days of activity therefore should be accounted for. As of gray seal takes, a ratio of gray seals the exposure estimate method described to harbor seals was estimated. While the where: above resulted in zero exposures, other data presented by Roberts et al. (2018) X days of activity = number of days for which methods for calculating take were represent the best available density the corresponding in-water construction applied. estimates for pinnipeds in the project activity occurs. Humpback whale sightings data from area, that data does not differentiate by These numbers were then totaled to Gotham Whale, a whale watching seal species. Thus the best available provide estimates of the numbers of take organization that collects data on information on the ratio of gray seals to by Level A and Level B harassment for marine mammals in and around New harbor seals comes from the U.S. Navy’s each species. The exposure numbers York harbor and Raritan Bay, represent OPAREA density estimates (Halpin et were rounded to the nearest whole the best available information on al. 2009; Navy 2007, 2012). The individual. As the construction humpback whale abundance in the OPAREA data indicate the ratio of gray schedule has not yet been finalized, the project area. Based on Gotham Whale’s seals to harbor seals is 36 percent to 64 take calculations described above were sightings data, an estimate of the percent, respectively. Thus, the performed for two scenarios: (1) All number of humpback whales observed estimated number of takes by Level A construction activities occurring during per day was estimated by dividing the harassment and Level B harassment for summer 2020, and (2) installation number of humpback whale harbor seals (1,107 and 5,371 occurring during the summer and observations by the number of trips. As respectively) were multiplied by 0.36 to removal in fall of 2020. To be sightings data from 2011 through 2019 come up with an estimate of total takes conservative, the higher take estimates demonstrated an increasing trend in the by Level A harassment and Level B

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harassment for gray seals (399 and 1,934 revised from the numbers proposed in Atlantic coast. Because so few harp respectively). the notice of proposed IHA as result of seals have been documented in the Note that the take estimate methods these changes. region of the project area, we estimate described above for harbor seals, gray Due to lack of data and their rare that up to four harp seals (the total seals, and humpback whales have been occurrence in the Mid-Atlantic region, number opportunistically observed at revised from the methods proposed in no densities for harp seals are available. Cupsogue Beach (CRESLI, 2008) could the notice of proposed IHA (84 FR However, harp seals have been enter the Level B harassment zone and 45955; September 9, 2019) based on documented along the southern coast of be taken by Level B harassment. public comments received in response Long Island during the winter, and a Authorized take numbers are shown in to the notice of proposed IHA, and recent pinniped UME has resulted in Table 9. authorized take numbers have also been increased strandings of harp seals on the

TABLE 9—TOTAL NUMBERS OF POTENTIAL INCIDENTAL TAKES OF MARINE MAMMALS AUTHORIZED AND AUTHORIZED TAKES AS A PERCENTAGE OF POPULATION

Total authorized Authorized Authorized Total takes Species takes by takes by authorized authorized Level A Level B takes as a harassment harassment percentage of stock taken *

Fin whale ...... 0 5 5 0.1 Humpback Whale ...... 14 35 49 3.0 Minke Whale ...... 0 1 1 0.0 North Atlantic Right Whale ...... 0 2 2 0.5 Bottlenose Dolphin—Western North Atlantic Northern Migratory Coastal stock ...... 0 1,583 1,583 23.8 Bottlenose Dolphin—Western North Atlantic Offshore stock ...... 0 4,748 4,748 6.1 Common Dolphin ...... 0 95 95 0.1 Harbor porpoise ...... 0 11 11 0.0 Gray seal ...... 399 1,934 2,333 8.6 Harbor seal ...... 1,107 5,371 6,478 8.5 Harp seal ...... 0 4 4 0.0 * Calculations of percentage of stock taken are based on the best available abundance estimate as shown in Table 1. For North Atlantic right whales the best available abundance estimate is derived from the 2018 North Atlantic Right Whale Consortium 2018 Annual Report Card (Pettis et al., 2018). For the pinniped species the best available abundance estimates are derived from the most recent NMFS Stock Assessment Re- ports. For all other species, the best available abundance estimates are derived from Roberts et al. (2016, 2017, 2018).

The take numbers authorized are applicable for this action). NMFS implemented as planned), the considered conservative for the regulations require applicants for likelihood of effective implementation following reasons: incidental take authorizations to include (probability implemented as planned), • Density estimates assume are information about the availability and and; largely derived from adjacent grid-cells feasibility (economic and technological) (2) The practicability of the measures that likely overestimate density in the of equipment, methods, and manner of for applicant implementation, which vicinity of the project area. conducting such activity or other means may consider such things as cost and • Level A harassment take numbers of effecting the least practicable adverse impact on operations. do not account for the likelihood that impact upon the affected species or The mitigation strategies described marine mammals will avoid a stimulus stocks and their habitat (50 CFR below are consistent with those required when possible before that stimulus 216.104(a)(11)). and successfully implemented under reaches a level that would have the previous incidental take authorizations In evaluating how mitigation may or potential to result in injury; and issued in association with in-water may not be appropriate to ensure the • Level A harassment take numbers construction activities. Modeling was least practicable adverse impact on do not account for the effectiveness of performed to estimate zones of species or stocks and their habitat, as mitigation and monitoring measures in influence (ZOI; see ‘‘Estimated Take’’); well as subsistence uses where reducing the number of takes. these ZOI values were used to inform applicable, we carefully consider two mitigation measures for pile driving Mitigation primary factors: activities to minimize Level A In order to issue an IHA under (1) The manner in which, and the harassment and Level B harassment to Section 101(a)(5)(D) of the MMPA, degree to which, the successful the extent possible, while providing NMFS must set forth the permissible implementation of the measure(s) is estimates of the areas within which methods of taking pursuant to such expected to reduce impacts to marine Level B harassment might occur. activity, and other means of effecting mammals, marine mammal species or In addition to the specific measures the least practicable impact on such stocks, and their habitat. This considers described later in this section, Transco species or stock and its habitat, paying the nature of the potential adverse would conduct briefings for particular attention to rookeries, mating impact being mitigated (likelihood, construction supervisors and crews, the grounds, and areas of similar scope, range). It further considers the marine mammal monitoring teams, and significance, and on the availability of likelihood that the measure will be Transco staff prior to the start of all pile such species or stock for taking for effective if implemented (probability of driving activity, and when new certain subsistence uses (latter not accomplishing the mitigating result if personnel join the work, in order to

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explain responsibilities, communication ‘‘clearance’’ of a particular zone is to case is to prevent auditory injury (Level procedures, the marine mammal prevent potential instances of auditory A harassment), and the pre-clearance monitoring protocol, and operational injury and potential instances of more zones are larger than the modeled procedures. severe behavioral disturbance as a result distances to the isopleths corresponding of exposure to pile driving noise Pre-Clearance Zones to Level A harassment (based on peak (serious injury or death are unlikely SPL) for all marine mammal functional Transco would use Protected Species outcomes even in the absence of hearing groups. These zones vary Observers (PSOs) to establish pre- mitigation measures) by delaying the depending on species and are shown in clearance zones around the pile driving activity before it begins if marine Table 10. All distances to pre-clearance equipment to ensure these zones are mammals are detected within certain zones are the radius from the center of clear of marine mammals prior to the pre-defined distances of the pile driving the pile being driven. start of pile driving. The purpose of equipment. The primary goal in this

TABLE 10—PRE-CLEARANCE ZONES DURING TRANSCO PILE DRIVING AND REMOVAL ACTIVITIES

Species Clearance zone

North Atlantic right whale ...... Any distance Fin and humpback whale ...... 1,000 m All other marine mammal species ...... 100 m

If a marine mammal is observed requirement to initiate sound from the stability and a shutdown would not be approaching or entering the relevant hammer at reduced energy followed by feasible until after that depth was pre-clearance zones prior to the start of a waiting period. Transco will utilize reached. We therefore propose that pile driving operations, pile driving soft start techniques for impact pile shutdown would be implemented when activity would be delayed until either driving by performing an initial set of feasible. If shutdown is called for by a the marine mammal has voluntarily left three strikes from the impact hammer at PSO, and Transco determines a the respective clearance zone and been a reduced energy level followed by a shutdown to be technically feasible, pile visually confirmed beyond that zone, or, thirty second waiting period. The soft driving would be halted immediately. 30 minutes have elapsed without re- start process would be conducted a total After shutdown, pile driving may be detection of the animal. of three times prior to driving each pile initiated once all clearance zones are Prior to the start of pile driving (e.g., three strikes followed by a thirty clear of marine mammals for the activity, the pre-clearance zones will be second delay, then three additional minimum species-specific time periods, monitored for 30 minutes to ensure that single strikes followed by a thirty or, if required to maintain installation they are clear of the relevant species of second delay, then a final set of three feasibility. For North Atlantic right marine mammals. Pile driving would strikes followed by an additional thirty whales, shutdown would occur when a only commence once PSOs have second delay). Soft start would be right whale is observed by PSOs at any declared the respective pre-clearance required at the beginning of each day’s distance, and a shutdown zone of 85 m zones clear of marine mammals. Marine impact pile driving work and at any (279 ft) would be implemented for all mammals observed within a pre- time following a cessation of impact pile other species (Table 11). The 500 m clearance zone will be allowed to driving of thirty minutes or longer. remain in the pre-clearance zone (i.e., zone is a protective measure to avoid Shutdown must leave of their own volition), and takes by Level A harassment, and their behavior will be monitored and The purpose of a shutdown is to potentially some takes by Level B documented. The pre-clearance zones prevent some undesirable outcome, harassment, of North Atlantic right (to a distance of 1,000 m) may only be such as auditory injury or behavioral whales. The 85 m zone was calculated declared clear, and pile driving started, disturbance of sensitive species, by based on the distance to the Level A when the entire pre-clearance zones are halting the activity. If a marine mammal harassment threshold based on the peak visible (i.e., when not obscured by dark, is observed entering or within the sound pressure metric (202 dB re 1m Pa) rain, fog, etc.) for a full 30 minutes prior shutdown zones after pile driving has for a 66-inch steel pile, plus an to pile driving. begun, the PSO will request a temporary additional 50 m (164-ft) buffer. During cessation of pile driving. Transco has in-water construction activities that do Soft Start proposed that, when called for by a not entail pile driving (e.g., excavating, The use of a soft start procedure is PSO, shutdown of pile driving would be dredging, and use of other heavy believed to provide additional implemented when feasible. However, if machinery), if a marine mammal comes protection to marine mammals by a shutdown is called for before a pile within 10-m of the construction warning marine mammals or providing has been driven to a sufficient depth to equipment, Transco must cease them with a chance to leave the area allow for pile stability, then for safety operations and reduce vessel speed to prior to the hammer operating at full reasons the pile would need to be the minimum level required to maintain capacity, and typically involves a driven to a sufficient depth to allow for steerage and safe working conditions.

TABLE 11—SHUTDOWN ZONES DURING TRANSCO PILE DRIVING AND REMOVAL ACTIVITIES

Species Shutdown zone

North Atlantic right whale ...... Any distance All other marine mammal species ...... 85 m

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Visibility Requirements (4) Monitoring will be conducted from or related field) or training for All in-water construction and removal 30 minutes prior to commencement of experience; • One observer will be designated as activities would be conducted during pile driving, throughout the time lead observer or monitoring coordinator. daylight hours, no earlier than 30 required to drive a pile, and for 30 The lead observer must have prior minutes after sunrise and no later than minutes following the conclusion of pile experience working as an observer; and 30 minutes before sunset. Pile driving driving; (5) PSOs will have no other • NMFS will require submission and would not be initiated at night, or, when construction-related tasks while approval of observer CVs. the full extent of all relevant clearance conducting monitoring; and zones cannot be confirmed to be clear of Vessel Strike Avoidance (6) PSOs would have the following marine mammals, as determined by the minimum qualifications: Vessel strike avoidance measures will lead PSO on duty. The clearance zones • Visual acuity in both eyes include, but are not limited to, the may only be declared clear, and pile (correction is permissible) sufficient for following, except under circumstances driving started, when the full extent of discernment of moving targets at the when complying with these measures all clearance zones are visible (i.e., water’s surface with ability to estimate would put the safety of the vessel or when not obscured by dark, rain, fog, target size and distance; use of crew at risk: etc.) for a full 30 minutes prior to pile binoculars may be necessary to correctly • All vessel operators and crew must driving. identify the target; maintain vigilant watch for cetaceans Monitoring Protocols • Ability to conduct field and pinnipeds, and slow down or stop observations and collect data according their vessel to avoid striking these Monitoring would be conducted to assigned protocols; protected species; before, during, and after pile driving • Experience or training in the field • All vessels must travel at 10 knots activities. In addition, observers will identification of marine mammals, (18.5 km/hr) or less within any record all incidents of marine mammal including the identification of designated Dynamic Management Area occurrence, regardless of distance from behaviors; (DMA) for North Atlantic right whales; the construction activity, and monitors • Sufficient training, orientation, or • All vessels greater than or equal to will document any behavioral reactions experience with the construction 65 ft (19.8 m) in overall length will in concert with distance from piles operation to provide for personal safety comply with 10 knot (18.5 km/hr) or being driven. Observations made during observations; less speed restriction in any Seasonal outside the shutdown zones will not • Writing skills sufficient to Management Area (SMA) for North result in delay of pile driving; that pile document observations including, but Atlantic right whales per the NOAA segment may be completed without not limited to: The number and species ship strike reduction rule (73 FR 60173; cessation, unless the marine mammal of marine mammals observed; dates and October 10, 2008); approaches or enters the shutdown times when in-water construction • All vessel operators will reduce zone, at which point pile driving activities were conducted; dates and vessel speed to 10 knots (18.5 km/hr) or activities would be halted when times when in-water construction less when any large whale, any mother/ practicable, as described above. Pile activities were suspended to avoid calf pairs, pods, or large assemblages of driving activities include the time to potential incidental injury of marine non-delphinoid cetaceans are observed install a single pile or series of piles, as mammals from construction noise near (within 100 m (330 ft)) an long as the time elapsed between uses within a defined shutdown zone; and underway vessel; of the pile driving equipment is no more marine mammal behavior; and • All survey vessels will maintain a than 30 minutes. • Ability to communicate orally, by separation distance of 500 m (1640 ft) or The following additional measures radio or in person, with project greater from any sighted North Atlantic apply to visual monitoring: personnel to provide real-time right whale; (1) A minimum of two PSOs would be information on marine mammals • If underway, vessels must steer a on duty at all times during pile driving observed in the area as necessary. course away from any sighted North and removal activity; PSOs employed by Transco in Atlantic right whale at 10 knots (18.5 (2) Monitoring must be conducted by satisfaction of the mitigation and km/hr) or less until the 500 m (1,640 ft) qualified, trained PSOs. One PSO must monitoring requirements described minimum separation distance has been be stationed on an escort boat and the herein must meet the following established. If a North Atlantic right other either on the construction barge or additional requirements: whale is sighted in a vessel’s path, or another vessel during impact and • Independent observers (i.e., not within 500 m (330 ft) to an underway vibratory pile installation and removal. construction personnel) are required vessel, the underway vessel must reduce The escort boat location may shift during all pile driving and removal speed and shift the engine to neutral. depending on work location, but will be activities (during non-pile driving Engines will not be engaged until the a minimum of 100 to 200 m (328 to 656 construction activities (e.g., excavating, right whale has moved outside of the ft) from the pile-driving location, dredging, and use of other heavy vessel’s path and beyond 500 m. If depending on the site and the machinery), construction personnel may stationary, the vessel must not engage ensonification area associated with that act as observers for the 10-m exclusion engines until the North Atlantic right specific pile-driving scenario; zone described above. Construction whale has moved beyond 500 m; (3) PSOs may not exceed four personnel acting as observers for the 10- • All vessels will maintain a consecutive watch hours (PSOs may m exclusion zone must have no other separation distance of 100 m (330 ft) or conduct duties not related to marine construction-related responsibilities greater from any sighted non-delphinoid mammal observation beyond four during times of marine mammal cetacean. If sighted, the vessel consecutive hours); must have a monitoring); underway must reduce speed and shift minimum two-hour break between • At least one observer must have the engine to neutral, and must not watches; and may not exceed a prior experience working as an observer; engage the engines until the non- combined watch schedule of more than • Other observers may substitute delphinoid cetacean has moved outside 12 hours in a 24- hour period; education (degree in biological science of the vessel’s path and beyond 100 m.

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If a vessel is stationary, the vessel will monitoring and reporting of such taking. zones and would document any marine not engage engines until the non- The MMPA implementing regulations at mammals observed within these zones, delphinoid cetacean has moved out of 50 CFR 216.104(a)(13) indicate that to the extent practicable (noting that the vessel’s path and beyond 100 m; requests for authorizations must include some distances to these zones are too • All vessels will maintain a the suggested means of accomplishing large to fully observe). Transco would separation distance of 50 m (164 ft) or the necessary monitoring and reporting conduct monitoring before, during, and greater from any sighted delphinoid that will result in increased knowledge after pile driving and removal, with cetacean, with the exception of of the species and of the level of taking observers located at the best practicable delphinoid cetaceans that voluntarily or impacts on populations of marine vantage points. approach the vessel (i.e., bow ride). Any mammals that are expected to be Transco would implement the vessel underway must remain parallel to present in the action area. Effective following monitoring procedures: a sighted delphinoid cetacean’s course reporting is critical both to compliance • A minimum of two PSOs will whenever possible, and avoid excessive as well as ensuring that the most value maintain watch at all times when pile speed or abrupt changes in direction. is obtained from the required driving or removal is underway; Any vessel underway must reduce monitoring. • PSOs would be located at the best vessel speed to 10 knots (18.5 km/hr) or Monitoring and reporting possible vantage point(s) to ensure that less when pods (including mother/calf requirements prescribed by NMFS they are able to observe the entire pairs) or large assemblages of should contribute to improved clearance zones and as much of the delphinoid cetaceans are observed. understanding of one or more of the Level B harassment zone as possible; Vessels may not adjust course and speed following: • During all observation periods, • until the delphinoid cetaceans have Occurrence of marine mammal PSOs will use binoculars and the naked moved beyond 50 m and/or the abeam species or stocks in the area in which eye to search continuously for marine of the underway vessel; take is anticipated (e.g., presence, mammals; • All vessels will maintain a abundance, distribution, density); • If the clearance zones are obscured separation distance of 50 m (164 ft) or • Nature, scope, or context of likely by fog or poor lighting conditions, pile greater from any sighted pinniped; and marine mammal exposure to potential • All vessels underway will not driving will not be initiated until stressors/impacts (individual or clearance zones are fully visible. Should divert or alter course in order to cumulative, acute or chronic), through approach any whale, delphinoid such conditions arise while impact better understanding of: (1) Action or driving is underway, the activity would cetacean, or pinniped. Any vessel environment (e.g., source underway will avoid excessive speed or be halted when practicable, as described characterization, propagation, ambient above; and abrupt changes in direction to avoid noise); (2) affected species (e.g., life • injury to the sighted cetacean or The clearance zones will be history, dive patterns); (3) co-occurrence monitored for the presence of marine pinniped. of marine mammal species with the Transco will ensure that vessel mammals before, during, and after all action; or (4) biological or behavioral pile driving activity. operators and crew maintain a vigilant context of exposure (e.g., age, calving or Individuals implementing the watch for marine mammals by slowing feeding areas); monitoring protocol will assess its down or stopping the vessel to avoid • Individual marine mammal effectiveness using an adaptive striking marine mammals. Project- responses (behavioral or physiological) approach. PSOs will use their best specific training will be conducted for to acoustic stressors (acute, chronic, or professional judgment throughout all vessel crew prior to the start of the cumulative), other stressors, or implementation and seek improvements construction activities. Confirmation of cumulative impacts from multiple to these methods when deemed the training and understanding of the stressors; requirements will be documented on a • How anticipated responses to appropriate. Any modifications to the training course log sheet. stressors impact either: (1) Long-term protocol will be coordinated between We have carefully evaluated Transco’s fitness and survival of individual NMFS and Transco. proposed mitigation measures and marine mammals; or (2) populations, Data Collection considered a range of other measures in species, or stocks; the context of ensuring that we • Effects on marine mammal habitat We require that observers use prescribed the means of effecting the (e.g., marine mammal prey species, standardized data forms. Among other least practicable adverse impact on the acoustic habitat, or other important pieces of information, Transco will affected marine mammal species and physical components of marine record detailed information about any stocks and their habitat. Based on our mammal habitat); and implementation of delays or shutdowns, evaluation of these measures, we have • Mitigation and monitoring including the distance of animals to the determined that the mitigation measures effectiveness. pile and a description of specific actions provide the means of effecting the least that ensued and resulting behavior of Visual Marine Mammal Observations practicable adverse impact on marine the animal, if any. We require that, at a mammal species or stocks and their Transco will collect sighting data and minimum, the following information be habitat, paying particular attention to behavioral responses to pile driving collected on the sighting forms: • rookeries, mating grounds, and areas of activity for marine mammal species Date and time that monitored similar significance, and on the observed in the region of activity during activity begins or ends; • availability of such species or stock for the period of activity. All observers will Construction activities occurring subsistence uses. be trained in marine mammal during each observation period; identification and behaviors and are • Weather parameters (e.g., wind Monitoring and Reporting required to have no other construction- speed, percent cloud cover, visibility); In order to issue an IHA for an related tasks while conducting • Water conditions (e.g., sea state, activity, Section 101(a)(5)(D) of the monitoring. PSOs would monitor all tide state); MMPA states that NMFS must set forth clearance zones at all times. PSOs • Species, numbers, and, if possible, requirements pertaining to the would also monitor Level B harassment sex and age class of marine mammals;

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• Description of any observable of any responses (e.g., intensity, injurious or resulting in more severe marine mammal behavior patterns, duration), the context of any responses behavioral reactions. including bearing and direction of travel (e.g., critical reproductive time or We expect that any exposures above and distance from pile driving activity; location, migration), as well as effects the Level A harassment threshold would • Distance from pile driving activities on habitat, and the likely effectiveness be in the form of slight PTS, i.e. minor to marine mammals and distance from of the mitigation. We also assess the degradation of hearing capabilities the marine mammals to the observation number, intensity, and context of within regions of hearing that align most point; estimated takes by evaluating this completely with the energy produced by • Type of construction activity (e.g., information relative to population pile driving (i.e. the low-frequency impact or vibratory driving/removal) status. Consistent with the 1989 region below 2 kHz), not severe hearing when marine mammals are observed. preamble for NMFS’s implementing impairment. If hearing impairment • Description of implementation of regulations (54 FR 40338; September 29, occurs, it is most likely that the affected mitigation measures (e.g., delay or 1989), the impacts from other past and animal would lose a few decibels in its shutdown). ongoing anthropogenic activities are hearing sensitivity, which in most cases • Locations of all marine mammal incorporated into this analysis via their is not likely to meaningfully affect its observations; and ability to forage and communicate with • impacts on the environmental baseline Other human activity in the area. (e.g., as reflected in the regulatory status conspecifics. However, given sufficient Transco would note behavioral of the species, population size and notice through use of soft start, marine observations, to the extent practicable, if growth rate where known, ongoing mammals are expected to move away an animal has remained in the area sources of human-caused mortality, or from a sound source that is annoying during construction activities. ambient noise levels). prior to its becoming potentially Reporting Pile driving and removal activities injurious or resulting in more severe associated with the proposed project, as behavioral reactions. A draft report would be submitted to Additionally, the numbers of described previously, have the potential NMFS within 90 days of the completion exposures above the Level A harassment to disturb or temporarily displace of monitoring for each installation’s in- authorized are very low for all marine marine mammals. Specifically, the water work window. The report would mammal stocks and species: For 9 of 11 specified activities may result in take, in include marine mammal observations stocks, we authorize no takes by Level the form of Level A harassment pre-activity, during-activity, and post- A harassment; for the remaining two (potential injury) or Level B harassment activity during pile driving days, and stocks we authorize no more than 12 (potential behavioral disturbance) from would also provide descriptions of any takes by Level A harassment of a low behavioral responses to construction underwater sounds generated from pile level that would not be expected to activities by marine mammals. The driving and removal. Potential takes impact reproduction or survival of any report would detail the monitoring could occur if individual marine individuals. No serious injury or protocol, summarize the data recorded mammals are present in the ensonified mortality of any marine mammal stocks during monitoring including an estimate zone when pile driving and removal is are anticipated or authorized. Serious of the number of marine mammals that occurring. To avoid repetition, the our injury or mortality as a result of the may have been harassed during the analyses apply to all the species listed proposed activities would not be period of the report, and describe any in Table 1, given that the anticipated expected even in the absence of the mitigation actions taken (i.e., delays or effects of the proposed project on mitigation and monitoring measures. shutdowns due to detections of marine different marine mammal species and Repeated exposures of individuals to mammals, and documentation of when stocks are expected to be similar in relatively low levels of sound outside of shutdowns were called for but not nature. preferred habitat areas are unlikely to implemented and why). A final report Impact pile driving has source significantly disrupt critical behaviors. must be submitted within 30 days characteristics (short, sharp pulses with Thus, in this case, even repeated Level following resolution of comments on the higher peak levels and sharper rise time B harassment of some small subset of an draft report. to reach those peaks) that are potentially overall stock is unlikely to result in any injurious or more likely to produce significant realized decrease in viability Negligible Impact Analysis and severe behavioral reactions. However, for the affected individuals, and thus Determination modeling indicates there is limited would not result in any adverse impact NMFS has defined negligible impact potential for injury even in the absence to the stock as a whole. Instances of as an impact resulting from the of the mitigation measures, with most more severe behavioral harassment are specified activity that cannot be species predicted to experience no Level expected to be minimized by mitigation reasonably expected to, and is not A harassment based on modeling and monitoring measures. Effects on reasonably likely to, adversely affect the results. In addition, the potential for individuals that are taken by Level B species or stock through effects on injury is expected to be greatly harassment, on the basis of reports in annual rates of recruitment or survival minimized through implementation of the literature as well as monitoring from (50 CFR 216.103). A negligible impact the mitigation measures including soft other similar activities, will likely be finding is based on the lack of likely start and the implementation of limited to reactions such as increased adverse effects on annual rates of clearance zones that would facilitate a swimming speeds, increased surfacing recruitment or survival (i.e., population- delay of pile driving if marine mammals time, or decreased foraging (if such level effects). An estimate of the number were observed approaching or within activity were occurring) (e.g., Thorson of takes alone is not enough information areas that could be ensonified above and Reyff, 2006; HDR, Inc., 2012; Lerma, on which to base an impact sound levels that could result in 2014). Most likely, individuals will determination. In addition to auditory injury. Given sufficient notice simply move away from the sound considering estimates of the number of through use of soft start, marine source and temporarily avoid the area marine mammals that might be ‘‘taken’’ mammals are expected to move away where pile driving is occurring. through harassment, NMFS considers from a sound source that is annoying Therefore, we expect that animals other factors, such as the likely nature prior to its becoming potentially disturbed by project sound would

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simply avoid the area during pile through use of mitigation measures, the species) and as described above, any driving in favor of other, similar authorized takes of right whales would Level A harassment would be expected habitats. We expect that any avoidance not exacerbate or compound the to be in the form of slight PTS, i.e. of the project area by marine mammals ongoing UME in any way. For minke minor degradation of hearing would be temporary in nature and that whales, although the ongoing UME is capabilities which is not likely to any marine mammals that avoid the under investigation (as occurs for all meaningfully affect the ability to forage project area during construction UMEs), this event does not provide or communicate with conspecifics. No activities would not be permanently cause for concern regarding population serious injury or mortality is expected displaced. level impacts, as the likely population or authorized, and Level B harassment Feeding behavior is not likely to be abundance is greater than 20,000 of North Atlantic right, humpback and significantly impacted, as prey species whales. Even though the PBR value is minke whales and gray, harbor and harp are mobile and are broadly distributed based on an abundance for U.S. waters seals will be reduced to the level of least throughout the project area; therefore, that is negatively biased and a small practicable adverse impact through use marine mammals that may be fraction of the true population of mitigation measures. As such, the temporarily displaced during abundance, annual M/SI does not authorized takes of North Atlantic right, construction activities are expected to exceed the calculated PBR value for humpback and minke whales and gray, be able to resume foraging once they minke whales. With regard to humpback harbor and harp seals would not have moved away from areas with whales, the UME does not yet provide exacerbate or compound the ongoing disturbing levels of underwater noise. cause for concern regarding population- UMEs in any way. Because of the temporary nature of the level impacts. Despite the UME, the In summary and as described above, disturbance and the availability of relevant population of humpback the following factors primarily support similar habitat and resources in the whales (the West Indies breeding our determination that the impacts surrounding area, the impacts to marine population, or distinct population resulting from this activity are not mammals and the food sources that they segment (DPS)) remains healthy. The expected to adversely affect the species utilize are not expected to cause West Indies DPS, which consists of the or stock through effects on annual rates significant or long-term consequences whales whose breeding range includes of recruitment or survival: for individual marine mammals or their the Atlantic margin of the Antilles from • No mortality or serious injury is populations. There are no areas of Cuba to northern Venezuela, and whose anticipated or authorized; notable biological significance for feeding range primarily includes the • The anticipated impacts of the marine mammal feeding known to exist Gulf of Maine, eastern Canada, and proposed activity on marine mammals in the project area. In addition, there are western Greenland, was delisted. The would be temporary behavioral changes no rookeries, mating areas, calving areas status review identified harmful algal due to avoidance of the project area and or migratory areas known to be blooms, vessel collisions, and fishing limited instances of Level A harassment biologically important to marine gear entanglements as relevant threats in the form of a slight PTS for two mammals within the proposed project for this DPS, but noted that all other marine mammal stocks; area. threats are considered likely to have no • Potential instances of exposure NMFS concludes that exposures to or minor impact on population size or above the Level A harassment threshold marine mammals due to the proposed the growth rate of this DPS (Bettridge et are expected to be zero for most species project would result in only short-term al., 2015). As described in Bettridge et and relatively low for others; any PTS effects to individuals exposed. Marine al. (2015), the West Indies DPS has a incurred is expected to be of a low level; mammals may temporarily avoid the substantial population size (i.e., • Total authorized takes as a immediate area but are not expected to approximately 10,000; Stevick et al., percentage of population are low for all permanently abandon the area. Impacts 2003; Smith et al., 1999; Bettridge et al., species and stocks (i.e., less than 24 to breeding, feeding, sheltering, resting, 2015), and appears to be experiencing percent for one stock and less than 7 or migration are not expected, nor are consistent growth. percent for the remaining 10 stocks); shifts in habitat use, distribution, or With regard to gray seals, harbor seals • The availability of alternate areas of foraging success. NMFS does not and harp seals, although the ongoing similar habitat value for marine anticipate the marine mammal takes UME is under investigation, the UME mammals to temporarily vacate the that would result from the proposed does not yet provide cause for concern project area during the proposed project project would impact annual rates of regarding population-level impacts to to avoid exposure to sounds from the recruitment or survival. any of these stocks. For harbor seals, the activity; As described above, north Atlantic population abundance is over 75,000 • Effects on species that serve as prey right, humpback, and minke whales, and annual M/SI (345) is well below species for marine mammals from the and gray, harbor and harp seals are PBR (2,006) (Hayes et al., 2018). For proposed project are expected to be experiencing ongoing UMEs. For North gray seals, the population abundance is short-term and are not expected to result Atlantic right whales, as described over 27,000, and abundance is likely in significant or long-term consequences above, no injury as a result of the increasing in the U.S. Atlantic EEZ and for individual marine mammals, or to proposed project is expected or in Canada (Hayes et al., 2018). For harp contribute to adverse impacts on their authorized, and Level B harassment seals, the current population trend in populations; takes of right whales are expected to be U.S. waters is unknown, as is PBR • There are no known important in the form of avoidance of the (Hayes et al., 2018), however the feeding, breeding, calving or migratory immediate area of construction. In population abundance is over 7 million areas in the project area. addition, the number of exposures seals, suggesting that the UME is • The mitigation measures, including above the Level B harassment threshold unlikely to result in population-level visual and acoustic monitoring, are minimal (i.e., 2). As no injury or impacts (Hayes et al., 2018). clearance zones, and soft start, are mortality is expected or authorized, and Authorized takes by Level A expected to minimize potential impacts Level B harassment of North Atlantic harassment for all species are very low to marine mammals. right whales will be reduced to the level (i.e., no more than 12 takes by Level A Based on the analysis contained of least practicable adverse impact harassment authorized for any of these herein of the likely effects of the

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specified activity on marine mammals proposed action (i.e., the promulgation COMMODITY FUTURES TRADING and their habitat, and taking into of regulations and subsequent issuance COMMISSION consideration the implementation of the of incidental take authorization) and monitoring and mitigation measures, alternatives with respect to potential Sunshine Act Meetings NMFS finds that the total marine impacts on the human environment. mammal take from the proposed activity This action is consistent with TIME AND DATE: 10:00 a.m., Thursday, will have a negligible impact on all categories of activities identified in March 19, 2020. affected marine mammal species or Categorical Exclusion B4 of the stocks. Companion Manual for NAO 216–6A, PLACE: CFTC Headquarters, Lobby-Level which do not individually or Hearing Room, Three Lafayette Centre, Small Numbers cumulatively have the potential for 1155 21st Street NW Washington, DC. As noted above, only small numbers significant impacts on the quality of the STATUS: Open. of incidental take may be authorized human environment and for which we under sections 101(a)(5)(A) and (D) of have not identified any extraordinary MATTERS TO BE CONSIDERED: The the MMPA for specified activities other circumstances that would preclude this Commodity Futures Trading than military readiness activities. The categorical exclusion. Accordingly, Commission (‘‘Commission’’ or MMPA does not define small numbers NMFS has determined that the proposed ‘‘CFTC’’) will hold this meeting to and so, in practice, where estimated action qualifies to be categorically consider the following matters: numbers are available, NMFS compares excluded from further NEPA review. • Final Rule: Amendment to the number of individuals taken to the Regulation 23.161—Compliance most appropriate estimation of Endangered Species Act (ESA) Schedule Extension for Initial Margin abundance of the relevant species or Section 7(a)(2) of the Endangered stock in our determination of whether Species Act of 1973 (16 U.S.C. 1531 et Requirements for Uncleared Swaps; an authorization is limited to small seq.) requires that each Federal agency • Proposed Rule: Amendments to numbers of marine mammals. insure that any action it authorizes, Compliance Requirements for Additionally, other qualitative factors funds, or carries out is not likely to Commodity Pool Operators on Form may be considered in the analysis, such jeopardize the continued existence of CPO–PQR; as the temporal or spatial scale of the any endangered or threatened species or • Final Interpretive Guidance: Retail activities. result in the destruction or adverse Commodity Transactions Involving We are authorizing the incidental take modification of designated critical Certain Digital Assets; and of 11 marine mammal stocks. The total habitat. To ensure ESA compliance for • amount of taking authorized is less than the issuance of IHAs, NMFS consults Other Commission business. 24 percent for one of these stocks, and internally, in this case with the NMFS The agenda for this meeting will be less than 9 percent for all remaining Greater Atlantic Regional Fisheries available to the public and posted on stocks (Table 9), which we consider to Office (GARFO), whenever we propose the Commission’s website at https:// be relatively small percentages and we to authorize take for endangered or www.cftc.gov. In the event that the time, find are small numbers of marine threatened species. date, or place of this meeting changes, mammals relative to the estimated The NMFS Office of Protected an announcement of the change, along overall population abundances for those Resources Permits and Conservation with the new time, date, or place of the stocks. Division is authorizing the incidental meeting, will be posted on the Based on the analysis contained take of two species of marine mammals Commission’s website. herein of the proposed activity which are listed under the ESA: The (including the mitigation and North Atlantic right whale and fin CONTACT PERSON FOR MORE INFORMATION: monitoring measures) and the whale. We requested initiation of Christopher Kirkpatrick, Secretary of the anticipated take of marine mammals, consultation under Section 7 of the ESA Commission, 202–418–5964. NMFS finds that small numbers of with NMFS GARFO on August 14, 2019, marine mammals will be taken relative SUPPLEMENTARY INFORMATION: As a for the issuance of this IHA. On precaution due to the coronavirus, to the population size of all affected February 25, 2020, NMFS GARFO members of the public, including media, species or stocks. determined our issuance of the IHA to will not be able to attend the open Transco was not likely to adversely Unmitigable Adverse Impact Analysis meeting in person. However, the public and Determination affect any ESA-listed species or result in the take of any marine mammals in may listen to a live, audio-only feed via There are no relevant subsistence uses violation of the ESA. conference call using a domestic toll- of the affected marine mammal stocks or free telephone or international toll or species implicated by this action. Authorization toll-free number. A live webcast may Therefore, NMFS has determined that NMFS has issued an IHA to Transco also be available in the event the open the total taking of affected species or for conducting construction activities in meeting is conducted in person. More stocks would not have an unmitigable Raritan Bay for a period of one year, information about the available public adverse impact on the availability of provided the previously mentioned observation options may be found on such species or stocks for taking for mitigation, monitoring, and reporting the Commission’s website at https:// subsistence purposes. requirements are incorporated. www.cftc.gov. National Environmental Policy Act Dated: March 11, 2020. Dated: March 12, 2020. Donna Wieting, To comply with the National Robert Sidman, Environmental Policy Act of 1969 Director, Office of Protected Resources, Deputy Secretary of the Commission. (NEPA; 42 U.S.C. 4321 et seq.) and National Marine Fisheries Service. NOAA Administrative Order (NAO) [FR Doc. 2020–05385 Filed 3–16–20; 8:45 am] [FR Doc. 2020–05577 Filed 3–13–20; 11:15 am] 216–6A, NMFS must evaluate our BILLING CODE 3510–22–P BILLING CODE 6351–01–P

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DEPARTMENT OF DEFENSE confirm receipt of your comment(s), or to a mutually agreed upon substitute please check www.regulations.gov date; and (3) advises the contracting Defense Acquisition Regulations approximately two to three days after officer of the estimated amount of System submission to verify posting. Please additional funds that will be required [Docket Number DARS–2020–0014; OMB allow 30 days for posting of comments for the timely performance of the items Control Number 0704–0359] submitted by postal mail. funded pursuant to the clause, for a FOR FURTHER INFORMATION CONTACT: Ms. subsequent period as may be specified Information Collection Requirement; Amy G. Williams, telephone 571–372– in the allotment schedule, or otherwise Defense Federal Acquisition 6106. agreed to by the parties to the contract. Regulation Supplement, Contract DFARS subpart 232.10 requires the SUPPLEMENTARY INFORMATION: Financing contracting officer, when considering Title and OMB Number: Defense performance-based payments, to obtain AGENCY: Defense Acquisition Federal Acquisition Regulation from the contractor a proposed Regulations System, Department of Supplement (DFARS) Part 232, Contract performance-based payments schedule Defense (DoD). Financing and Related Clauses at which includes all performance-based ACTION: Notice and request for 252.232; OMB Control Number 0704– payments events, completion criteria comments regarding a proposed 0359. and event values along with the Type of Request: Extension. extension of an approved information expected expenditure profile. Affected Public: Businesses or other collection requirement. DFARS 252.232–7012 is prescribed for-profit and not-for-profit institutions. for use at DFARS 232.1005–70(a). This SUMMARY: In compliance with section Respondents’ Obligation: Required to clause requires contractors to report the 3506(c)(2)(A) of the Paperwork obtain or retain benefits. negotiated value of all previously Reduction Act of 1995, DoD announces Respondents: 1,000. completed performance-based the proposed revision of a public Responses per Respondent: 14. payments; negotiated value of current information collection requirement and Annual Responses: 14,000. seeks public comment on the provisions Hours per Response: 1.2 hour. performance-based payment(s) event(s); thereof. DoD invites comments on: (a) Estimated Hours: 16,800. cumulative negotiated value of Whether the proposed collection of Reporting Frequency: On occasion. performance-based payment(s) events information is necessary for the proper Needs and Uses: completed to date; total costs incurred performance of the functions of DoD, • DFARS 252.232–7007, Limitation of to date; cumulative amount of payments including whether the information will Government’s Obligation. The data previously requested; and the payment have practical utility; (b) the accuracy of submitted by contractors enables amount requested for the current the estimate of the burden of the contracting officers to calculate performance based payment. proposed information collection; (c) improved financing opportunities that DFARS 252.232–7013 is prescribed ways to enhance the quality, utility, and will provide benefit to both industry for use at 232.1005–70(b). This clause clarity of the information to be (prime and subcontractor level) and the requires contractors to report the collected; and (d) ways to minimize the taxpayer. negotiated value of current burden of the information collection on • DFARS subpart 232.10, performance-based payment(s) event(s); respondents, including the use of Performance-Based Payments, 252.232– cumulative negotiated value of automated collection techniques or 7012, Performance Based Payments— performance-based payment(s) events other forms of information technology. Whole Contract Basis, and 252.232– completed to date; total costs incurred The Office of Management and Budget 7013, Performance Based Payments— to date; cumulative amount of payments (OMB) has approved this information Deliverable-Item Basis. Contracting previously requested; and the payment collection requirement for use through officers use the information provided by amount requested for the current May 31, 2020. DoD proposes that OMB contractors to create a cash-flow model performance based payment. extend its approval for an additional for use in evaluating alternative Jennifer Lee Hawes, three years. financing arrangements. The analysis Regulatory Control Officer, Defense DATES: DoD will consider all comments tool calculates improved financing Acquisition Regulations System. received by May 18, 2020. opportunities that will provide benefit [FR Doc. 2020–05353 Filed 3–16–20; 8:45 am] ADDRESSES: You may submit comments, to both industry (prime and BILLING CODE 5001–06–P identified by OMB Control Number subcontractor level) and the taxpayer. 0704–0359, using any of the following Summary of Information Collection methods: DEPARTMENT OF DEFENSE Æ Federal eRulemaking Portal: http:// DFARS 252.232–7007 is prescribed www.regulations.gov. Follow the for use in solicitations and resultant Office of the Secretary incrementally-funded fixed-price instructions for submitting comments. [Transmittal No. 20–09] Æ Email: [email protected]. Include contracts. Paragraph (c) of the clause OMB Control Number 0704–0359 in the requires a written notification from the Arms Sales Notification subject line of the message. contractor that: (1) States the estimated Æ Fax: 571–372–6094. date when the total amount payable by AGENCY: Defense Security Cooperation Æ Mail: Defense Acquisition the Government, including any cost for Agency, Department of Defense. Regulations System, Attn: Ms. Amy G. termination for convenience, will ACTION: Arms sales notice. Williams, OUSD(A&S)DPC/DARS, approximate 85 percent of the total Room 3B941, 3060 Defense Pentagon, amount then allotted to the contract for SUMMARY: The Department of Defense is Washington, DC 20301–3060. performance of the applicable items; (2) publishing the unclassified text of an Comments received generally will be states an estimate of additional funding, arms sales notification. posted without change to http:// if any, needed to continue performance FOR FURTHER INFORMATION CONTACT: www.regulations.gov, including any of applicable line items up to the next Karma Job at [email protected] personal information provided. To scheduled date for allotment of funds, or (703) 697–8976.

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SUPPLEMENTARY INFORMATION: This copy of a letter to the Speaker of the Dated: March 10, 2020. 36(b)(1) arms sales notification is House of Representatives, Transmittal Aaron T. Siegel, published to fulfill the requirements of 20–09 with attached Policy Justification Alternate OSD Federal Register Liaison section 155 of Public Law 104–164 and Sensitivity of Technology. Officer, Department of Defense. dated July 21, 1996. The following is a BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C This proposed sale of the Javelin missile is autonomously guided to the Transmittal No. 20-09 system will help Poland build its long- target which allows the gunner the term defense capacity to defend its ability to reload and engage another Notice of Proposed Issuance of Letter of sovereignty and territorial integrity in target after firing a missile. The missile Offer Pursuant to Section 36(b)(1) of the order to meet its national defense has a tandem warhead that is effective Arms Export Control Act, as amended requirements. Poland will have no against armor threats. (i) Prospective Purchaser: Government difficulty absorbing this system into its 4. The Javelin Missile System of Poland armed forces. hardware and the documentation are (ii) Total Estimated Value: The proposed sale of this equipment UNCLASSIFIED. The missile software Major Defense Equipment * .. $ 75 million and support will not alter the basic which resides in the CLU is Other ...... $ 25 million military balance in the region. CLASSIFIED. Total ...... $100 million The prime contractors will be 5. If a technologically advanced Raytheon/Lockheed Martin Javelin Joint adversary obtains knowledge of the (iii) Description and Quantity or Venture, Orlando, Florida and Tucson, Quantities of Articles or Services under specific hardware and software Arizona. There are no known offset elements, the information could be used Consideration for Purchase: agreements proposed in connection Major Defense Equipment (MDE): to develop countermeasures or with this potential sale. However, the equivalent systems that might reduce One hundred eighty (180) Javelin purchaser typically requests offsets. Any weapon system effectiveness or be used Missiles offset agreement will be defined in in the development of a system with Seventy-nine (79) Javelin Command negotiations between the purchaser and similar or advanced capabilities. Launch Units (CLU) the contractor(s). 6. A determination has been made Non-MDE: Implementation of this proposed sale that Poland can provide substantially Also included are Basic Skill Trainers will not require the assignment of U.S. the same degree of protection for the (BST), Missile Simulation Rounds Government or contractor sensitive technology being released as (MSR), Battery Coolant Units (BCU), representatives to Poland. the U.S. Government. This proposed tool kits, modified 2-level There will be no adverse impact on sale is necessary to further the U.S. maintenance parts, training, U.S. U.S. defense readiness as a result of this foreign policy and national security Government and contractor technical proposed sale. objectives outlined in the Policy assistance, transportation and other Transmittal No. 20-09 Justification. related elements of logistics support. 7. All defense articles and services Notice of Proposed Issuance of Letter of (iv) Military Department: Army (PL-B- listed on this transmittal are authorized Offer Pursuant to Section 36(b)(1) of the for release and export to the UDN) Arms Export Control Act (v) Prior Related Cases, if any: None Government of Poland. (vi) Sales Commission, Fee, etc., Paid, Annex [FR Doc. 2020–05389 Filed 3–16–20; 8:45 am] Offered, or Agreed to be Paid: None Item No. vii BILLING CODE 5001–06–P (vii) Sensitivity of Technology (vii) Sensitivity of Technology: Contained in the Defense Article or 1. The Javelin Weapon System is a DEPARTMENT OF DEFENSE Defense Services Proposed to be Sold: medium-range, man-portable, shoulder- See Attached Annex. launched, fire-and-forget, anti-tank Office of the Secretary (viii) Date Report Delivered to system for infantry, scouts, and combat Congress: March 4, 2020 engineers. It may also be mounted on a [Transmittal No. 19–71] *As defined in Section 47(6) of the variety of platforms including vehicles, Arms Export Control Act. aircraft, and watercraft. The system Arms Sales Notification POLICY JUSTIFICATION weighs 49.5 pounds and has a AGENCY: Defense Security Cooperation maximum range in excess of 2,500 Poland—Javelin Missile and Command Agency, Department of Defense. meters. The system is highly lethal Launch Unit ACTION: Arms sales notice. against tanks and other systems with The Government of Poland has conventional and reactive armors. The SUMMARY: The Department of Defense is requested to buy one hundred eighty system possesses a secondary capability publishing the unclassified text of an (180) Javelin missiles and seventy-nine against bunkers. arms sales notification. (79) Javelin Command Launch Units 2. The Javelin Weapon System is FOR FURTHER INFORMATION CONTACT: (CLUs). Also included are Basic Skill comprised of two major tactical Karma Job at [email protected] Trainers (BST), Missile Simulation components, which are a reusable or (703) 697–8976. Rounds (MSR), Battery Coolant Units Command Launch Unit (CLU) and a SUPPLEMENTARY INFORMATION: This (BCU), tool kits, modified 2-level round contained in a disposable launch 36(b)(1) arms sales notification is maintenance parts, training, U.S. tube assembly. The CLU incorporates an published to fulfill the requirements of Government and contractor technical integrated day-night sight that provides section 155 of Public Law 104–164 assistance, transportation and other a target engagement capability in dated July 21, 1996. The following is a related elements of logistics support. adverse weather and countermeasure copy of a letter to the Speaker of the The total estimated program cost is $100 environments. The CLU may also be House of Representatives, Transmittal million. used in a stand-alone mode for 19–71 with attached Policy Justification This proposed sale will support the battlefield surveillance and target and Sensitivity of Technology. foreign policy and national security of detection. The CLU’s thermal sight is a the United States by improving the Forward Looking Infrared (FLIR) sensor. Dated: March 10, 2020. security of a NATO ally and partner 3. The Javelin’s key technical feature Aaron T. Siegel, nation which is an important force for is the use of fire-and-forget technology Alternate OSD Federal Register Liaison peace, political stability, and economic which allows the gunner to fire and Officer, Department of Defense. progress in Eastern Europe. immediately relocate or take cover. The BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C Major Defense Equipment * .. $123.2 mil- Major Defense Equipment (MDE): Transmittal No. 19-71 lion Three hundred twelve (312) MAU-169 Other ...... $202.6 mil- Computer Control Groups (CCG) Notice of Proposed Issuance of Letter of lion Offer Pursuant to Section 36(b)(l) of the Three hundred twelve (312) MXU- Arms Export Control Act, as amended TOTAL ...... $325.8 mil- 1006/B Air Foil Groups (AFG) lion Four hundred sixty-eight (468) MK81 (i) Prospective Purchaser: Government 250 LB GP Bombs of Tunisia (iii) Description and Quantity or Eighteen (18) BDU-50s (MK-82 Filled (ii) Total Estimated Value: Quantities of Articles or Services under Consideration for Purchase: Inert)

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Sixty-six (66) MXU-650 C/B Air Foil 209, GBU-10,12,16; forty-eight (48) MK- will be defined in negotiations between Groups (AFG), GBU-12 82 500lb bombs; five hundred sixteen the purchaser and the contractor. Sixty (60) Guidance Section, Guided (516) FMU-152 A/B fuzes; eighteen (18) Implementation of this proposed sale Bombs, MAU-209, GBU-10,12,16 MAU-169H(D-2)/B Computer Control will require the assignment of two (2) Forty-eight (48) MK-82 5001b Bombs Groups; and three thousand two U.S. contractor logistics representatives Five hundred sixteen (516) FMU-152 hundred ninety (3,290) Advanced to Tunisia. A/B Fuzes Precision Kill Weapon Systems There will be no adverse impact on Eighteen (18) MAU-169H(D-2)/B (APKWS); two (2) Pratt & Whitney U.S. defense readiness as a result of this Computer Control Groups PT6A-68D 1600 SHP engines (spares); proposed sale. Three thousand two hundred ninety six (6) L-3 WESCAM MX-15D Multi- Transmittal No. 19-71 (3290) Advanced Precision Kill Weapon Spectral Targeting System; six (6) Systems (APKWS) Machine Gun Caliber .50; Cartridge Notice of Proposed Issuance of Letter of Non-Major Defense Equipment (MDE): Actuated Device/Propellant Actuated Offer Pursuant to Section 36(b)(1) of the Also included are four (4) AT-6C Device (CAD/PAD); High Explosive Arms Export Control Act Wolverine Light Attack Aircraft; two (2) Warhead; bomb components, repair and Annex Pratt & Whitney PT6A-68D 1600 SHP return of weapons, weapons training Item No. vii engines (spares); six (6) L-3 WESCAM equipment, practice bombs, TTU-595 MX-15D Multi-Spectral Targeting Test Set and spares, fin assemblies, (vii) Sensitivity of Technology: System; six (6) Machine Gun Caliber rocket motors, training aids/devices/ 1. The AT-6 Wolverine is a Beechcraft .50; Cartridge Actuated Device/ spare parts, aircraft spare parts, support light attack, armed reconnaissance and Propellant Actuated Device (CAD/PAD); equipment, clothing and textiles, irregular warfare and counterinsurgency High Explosive Warhead; bomb publications and technical mission aircraft. With a single engine components, repair and return of documentation, travel expenses, PT6A–68D Pratt & Whitney engine and weapons, weapons training equipment, medical services, construction, aircraft Lockheed Martin A-10C mission practice bombs, TTU-595 Test Set and ferry support, technical and logistical computer and plug and-play weapons management system with Seek Eagle spares, fin assemblies, rocket motors, support services, major modifications/ certification, the AT-6 Wolverine can training aids/devices/spare parts, class IV support, personnel training and fire laser-guided rockets and deliver aircraft spare parts, support equipment, training equipment, U.S. Government general purpose and inertially-aided clothing and textiles, publications and and contractor program support, and munitions. technical documentation, travel other related elements of logistics and expenses, medical services, 2. GBU–12 is a 5001b Mk-82 General program support. The estimated value is Purpose (GP) bomb body fitted with the construction, aircraft ferry support, $325.8 million. technical and logistical support MXU-650 AFG, and MAU-209C/B or This proposed sale will support the MAU-168L/B Computer Control Group services, major modifications/class IV foreign policy and national security of support, personnel training and training (CCG) to guide to its laser designated the United States by helping to improve target. The GBU–12 is a maneuverable, equipment, U.S. Government and the defense capabilities and capacity of contractor program support, and other free-fall Laser Guided Bomb (LGB) that a major non-NATO ally, which is an guides to a spot of laser energy reflected related elements of logistics and important force for political stability program support. off of the target. Laser designation for and economic progress in North Africa. the LGB can be provided by a variety of (iv) Military Department: Air Force This potential sale will provide (TU-D-SAC) laser target markers or designators. additional opportunities for bilateral 3. GBU–58 is a 2501b Mk-81 GP bomb (v) Prior Related Cases, if any: None engagements and further strengthen the body fitted with the MXU-1006 AFG, (vi) Sales Commission, Fee, etc., Paid, bilateral relationship between the Offered, or Agreed to be Paid: None and MAU-209C/B or MAU-168L/B CCG United States and Tunisia. to guide to its laser designated target. (vii) Sensitivity of Technology The proposed sale will improve Contained in the Defense Article or The GBU–58 is a maneuverable, free-fall Tunisia’s ability to meet current and LGB that guides to a spot of laser energy Defense Services Proposed to be Sold: future threats by increasing their See Attached Annex. reflected from the target. Laser capability and capacity to counter- designation for the LGB can be provided (viii) Date Report Delivered to terrorism and other violent extremist Congress: February 25, 2020 by a variety of laser target markers or organization threats. The AT-6 platform designators. * As defined in Section 47(6) of the will bolster their capability to respond 4. Mk-82 General Purpose (GP) bomb Arms Export Control Act to and engage threats in multiple areas is a 500 pound, free-fall, unguided, low- POLICY JUSTIFICATION across the country. Additionally, the drag weapon usually equipped with the procurement of the AT-6 aircraft mechanical M904 (nose) and M905 (tail) Tunisia—AT-6 Light Attack Aircraft strengthens interoperability between fuzes or the radar-proximity FMU-113 The Government of Tunisia has Tunisia, regional allies, and the United air-burst fuze. The Mk-82 is designed for requested to buy four (4) AT-6C States. Tunisia will have no difficulty soft, fragment sensitive targets and is Wolverine Light Attack Aircraft with absorbing this aircraft into its armed not intended for hard targets or supporting equipment, to include: three forces. penetrations. The explosive filling is hundred twelve (312) MAU-169 The proposed sale of this equipment usually tritonal, though other Computer Control Groups (CCG); three and support will not alter the basic compositions have sometimes been hundred twelve (312) MXU-1006/B Air military balance in the region. used. Foil Groups (AFG); four hundred sixty- The prime contractor will be Textron 5. BDU-50 (Mk-82 Inert) GP bomb is eight (468) MK81 250 LB GP bombs; Aviation Defense LLC, Wichita, Kansas. a 500 pound, free-fall, unguided, low- eighteen (18) BDU-50s (MK-82 Filled There are no known offset agreements drag training weapon. There are no Inert); sixty-six (66) MXU-650 C/B Air proposed with this potential sale. explosive elements with this bomb; it Foil Groups (AFG), GBU-12; sixty (60) However, the purchaser typically does not have a fuze and will not Guidance Section, guided bombs, MAU- requests offsets. Any offset agreement detonate when it hits the ground. It is

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used from flight training to give the to develop countermeasures, which ACTION: Arms sales notice. pilot the insight into aircraft handling might reduce weapon system characteristics with the additional effectiveness or be used in the SUMMARY: The Department of Defense is weight on the wing. development of a system with similar or publishing the unclassified text of an 6. The Joint Programmable Fuze (JPF) advanced capabilities. arms sales notification. FMU-152 is a multi-delay, multi-arm 9. A determination has been made and proximity sensor compatible with that the recipient country can provide FOR FURTHER INFORMATION CONTACT: general purpose blast, frag and substantially the same degree of Karma Job at [email protected] hardened-target penetrator weapons. protection for the technology being or (703) 697–8976. The JPF settings are cockpit selectable released as the U.S. Government. This SUPPLEMENTARY INFORMATION: This in flight when used with JDAM sale is necessary in furtherance of the weapons. U.S. foreign policy and national security 36(b)(1) arms sales notification is 7. Advanced Precision Kill Weapon objectives outlined in the Policy published to fulfill the requirements of System (APKWS) II All-Up-Round Justification. section 155 of Public Law 104–164 (AUR) is an air-to-ground weapon that 10. All defense articles and services dated July 21, 1996. The following is a consists of an APKWS II Guidance listed in this transmittal have been copy of a letter to the Speaker of the Section (GS), legacy 2.75 inch MK66 authorized for release and export to the House of Representatives, Transmittal Mod 4 rocket motor, and legacy MK152 Government of Tunisia. 19–75 with attached Policy Justification and MK435/436 warhead/fuze. APKWS [FR Doc. 2020–05398 Filed 3–16–20; 8:45 am] and Sensitivity of Technology. II uses a semi-active laser seeker. The BILLING CODE 5001–06–P Dated: March 10, 2020. GS is installed between the rocket motor and warhead to create a guided rocket. Aaron T. Siegel, The APKWS II may be procured as an DEPARTMENT OF DEFENSE Alternate OSD Federal Register Liaison independent component to be mated to Officer, Department of Defense. appropriate 2.75-inch warheads/fuzes Office of the Secretary BILLING CODE 5001–06–P and rocket motors purchased separately, or may be purchased as an AUR. [Transmittal No. 19–75] 8. If a technologically advanced Arms Sales Notification adversary were to obtain knowledge of the specific hardware and software AGENCY: Defense Security Cooperation elements, the information could be used Agency, Department of Defense.

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BILLING CODE 5001–06–C Other ...... $10 million Sixteen (16) MK–48 Mod 7 Advanced Transmittal No. 19–75 Technology (AT) Torpedo Conversion Total ...... $85 million Kits Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the (iii) Description and Quantity or Non-MDE: Arms Export Control Act, as amended Quantities of Articles or Services under Also included are spare parts, (i) Prospective Purchaser: Government Consideration for Purchase: containers, associated hardware, of the Netherlands Major Defense Equipment (MDE): torpedo handling equipment, and (ii) Total Estimated Value: cables; U.S. Government and Major Defense Equipment * .. $75 million contractor engineering, technical, and

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logistics support services; and other There will be no adverse impact on Enterprise Data (DRCED),’’ DUSDC 01. related elements of logistics and U.S. defense readiness as a result of this This system will automate financial and program support. proposed sale. business transactions, perform cost- management analysis, produce oversight (iv) Military Department: Navy (NE– Transmittal No. 19–75 P–LHC A5) and audit reports, and provide critical (v) Prior Related Cases, if any: NE–P– Notice of Proposed Issuance of Letter of data linking to improve performance of LHC Offer Pursuant to Section 36(b)(1) of the mission objectives. Congress mandated Arms Export Control Act (vi) Sales Commission, Fee, etc., Paid, the creation of this system through the Offered, or Agreed to be Paid: None Annex National Defense Authorization Act of 2018 and then codified it by statute as (vii) Sensitivity of Technology Item No. vii Contained in the Defense Article or ‘‘Defense Business Systems: Business Defense Services Proposed to be Sold: (vii) Sensitivity of Technology: Process Reengineering; Enterprise 1. The Mod 7 configuration is the See Annex Attached Architecture; Management.’’ The United States Navy’s most capable DRCED’s purpose is to improve the (viii) Date Report Delivered to submarine launched torpedo. It has a Department’s defense business Congress: February 25, 2020 new sonar receiver that has a broader enterprise by synchronizing and *As defined in Section 47(6) of the bandwidth capability than previous normalizing data for affordability, Arms Export Control Act. versions, and also employs a new performance, and mission readiness. To POLICY JUSTIFICATION tactical processor that has increased achieve this, the DRCED will optimize memory and throughput. The Mod 7AT technology to provide an enterprise Netherlands—MK–48 Torpedo configuration has the same guidance solution for integrating and analyzing Conversion Kits and control system and the same targeted data from existing Department The Government of the Netherlands software as the Mod 7. However, it systems to develop timely, actionable, has requested to buy sixteen (16) MK– employs the Mod 4M afterbody which and insightful conclusions in support of 48 Mod 7 Advanced Technology (AT) results in higher radiated noise. national strategies. Also, DRCED is torpedo conversion kits. Also included 2. If a technologically advanced capable of creating predictive analytic are spare parts, containers, associated adversary were to obtain knowledge of models based upon specific data hardware, torpedo handling equipment, the specific hardware and software streams to equip decision makers with and cables; U.S. Government and elements, the information could be used critical data necessary for execution of contractor engineering, technical, and to develop countermeasures that might fiscal and operational requirements. logistics support services; and other reduce weapon system effectiveness or DATES: This new System of Records is related elements of logistics and be used in the development of a system effective upon publication; however, program support. The total estimated with similar or advanced capabilities. comments on the Routine Uses will be 3. A determination has been made program cost is $85 million. accepted on or before April 16, 2020. that the Netherlands can provide This proposed sale will support the The Routine Uses are effective at the substantially the same degree of foreign policy and national security of close of the comment period. the United States by helping to improve protection for the technology being ADDRESSES: You may submit comments, security of a NATO ally which is an released as the U.S. Government. This identified by docket number and title, important force for political stability proposed sustainment program is by any of the following methods: and economic progress in Northern necessary to the furtherance of the U.S. Europe. foreign policy and national security * Federal Rulemaking Portal: https:// www.regulations.gov. The Netherlands desires to upgrade objectives as outlined in the Policy additional MK 48 Mod 4 torpedoes to Justification. Follow the instructions for submitting the MK 48 Mod 7 AT model. They 4. All defense articles and services comments. intend to use the MK 48 Mod 7 AT listed in this transmittal have been * Mail: Department of Defense, Office torpedo on their Walrus Class authorized for release and export to the of the Chief Management Officer, submarines. The Netherlands will have Netherlands. Directorate for Oversight and no difficulty absorbing this equipment [FR Doc. 2020–05381 Filed 3–16–20; 8:45 am] Compliance, 4800 Mark Center Drive, into its armed forces. BILLING CODE 5001–06–P Mailbox #24, Suite 08D09, Alexandria, The proposed sale of this equipment VA 22350–1700. will not alter the basic military balance Instructions: All submissions received in the region. DEPARTMENT OF DEFENSE must include the agency name and The prime contractor will be docket number for this Federal Register Office of the Secretary Raytheon Company, Portsmouth, RI. document. The general policy for The Netherlands may require offset [Docket ID: DoD–2020–OS–0031] comments and other submissions from agreements in connection with this members of the public is to make these potential sale. Any offset agreement will Privacy Act of 1974; System of submissions available for public be defined in negotiations between the Records viewing on the internet at https:// Purchaser and the prime contractor. www.regulations.gov as they are AGENCY: Office of the Under Secretary of received without change, including any Implementation of this proposed sale Defense (Comptroller), Department of will not require the assignment of any personal identifiers or contact Defense (DoD). information. additional U.S. Government or ACTION: Notice of a new System of contractor representatives to the Records. FOR FURTHER INFORMATION CONTACT: Ms. Netherlands. Travel of U.S. Government Cynthia B. Stanley, Department of or contractor representatives to the SUMMARY: The Office of the Under Defense, Office of the Chief Netherlands on a temporary basis for Secretary of Defense (Comptroller) Management Officer, Directorate for program technical support and proposes to add a System of Records Oversight and Compliance, 4800 Mark management oversight will be required. titled, ‘‘Defense Repository for Common Center Drive, Mailbox #24, Suite 08D09,

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Alexandria, VA 22350–1700, or by SECURITY CLASSIFICATION: employees, contractors, or individuals phone at (703) 571–0070. Unclassified and Classified. (and their surviving beneficiaries) SUPPLEMENTARY INFORMATION: accorded benefits, rights, privileges, or DRCED is SYSTEM LOCATION: a single authoritative repository for DoD immunities associated with DoD as Marine Corps Information Technology Common Enterprise Data (CED) to provided by U.S. law. Center (MCITC), 2306 East Bannister provide decision-makers greater insight Road, Kansas City, MO 64131–3088. CATEGORIES OF RECORDS IN THE SYSTEM: into financial auditability, business Amazon Web Services (AWS), 12900 Personal Information: Name; DoD ID processes, and operational combat/ Worldgate Drive, Suite 800, Herndon, number; Social Security Number (SSN); mission readiness. CED is defined as VA 20170–6040. address; email address(es); date of birth; automatically accessible data from gender; branch of service; citizenship; business operations or management SYSTEM MANAGER(S): Defense Enrollment Eligibility Reporting records provided in a usable format to Director, Business Integration Office, System benefit number; sponsorship authorized DoD personnel or DoD OUSD Comptroller, 1100 Defense and beneficiary information; race and components. DRCED will extract Pentagon, Washington, DC 20301–1100; ethnic origin; records from relevant Department email: osd.pentagon.ousd-c.mbx.audit- Employment Information: mployment systems, synchronize and normalize [email protected]; Phone: (703) 614– status; duty position; leave balances and CED from those systems to facilitate and 8575. history; work schedules; individual streamline enterprise-wide analysis and personnel records; time and attendance management of business processes. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: records; retirement records, sponsor DRCED capabilities include: robust 10 U.S.C. 2222, Defense Business duty location, unit of assignment; auditing to recognize fraudulent budget, Systems: Business Process occupation; rank; skill specialty; programming, and fiscal transactions; Reengineering; Enterprise Architecture; security clearance information. linking of data from multiple systems Management; 31 U.S.C. 902, Authority and Functions of Agency Chief Personal Financial Information: Pay, (such as personnel, financial, and wage, earnings information; separation medical systems) to specific operations Financial Officers, as amended; 31 U.S.C. 6101, Digital Accountability and information; financial benefit records; and missions for visibility and income tax withholding records; traceability of expenditures and Transparency Act of 2006, as amended in 2014; 31 U.S.C. 3512(b), Executive accounting records. resource allocation; producing reports Medical Readiness and Deployment Agency Accounting and Other Financial for individual transaction processing for Information: Inpatient and outpatient Management Reports and Plans; 10 each stage of the budgetary life cycle; medical records; pharmacy records; U.S.C. 117, Readiness Reporting System; assessment tools for decision-makers immunization records; Medical and DoD Directive 7045.14, The Planning, charged with overseeing costs for Physical Evaluation Board records; Programming, Budgeting, and Execution specific missions or functions (e.g., neuropsychological functioning and (PPBE) Process; DoD Instruction equipment, training, personnel); and cognitive testing data; periodic and 8320.02, Data Sharing in a Net-Centric applying predictive analysis to identify deployment-related health assessments. common operational factors for Department of Defense; and E.O. 9397 readiness and unit deploy ability. (SSN), as amended. RECORD SOURCE CATEGORIES: The DoD notices for Systems of PURPOSE(S) OF THE SYSTEM: Individuals; all DoD databases Records subject to the Privacy Act of This system establishes a single flowing into or accessed through the 1974, as amended, have been published authoritative repository for DoD CED following integrated data systems, in the Federal Register and are available providing decision-makers an integrated environments, applications, and tools: from the address in FOR FURTHER system for data processing and the Defense Finance and Accounting INFORMATION CONTACT or at the Defense production of reports for auditability, Services financial business feeder Privacy, Civil Liberties, and business operations, cost performance, systems, Procurement Integrated Transparency Division website at and combat/mission readiness. As a Enterprise Environment, Defense https://dpcld.defense.gov. single system repository of department- Manpower Data Center including the The proposed systems reports, as Defense Eligibility Enrollment System, required by of the Privacy Act, as wide CED, the DRCED will maintain information retrieved from several Defense Readiness Reporting System amended, were submitted on January (DRRS) enterprise (including DRRS- 24, 2020, to the House Committee on systems of record within the Department. As a shared data Strategic and DRRS-Army Database), Oversight and Reform, the Senate Defense Medical Logistics—Enterprise Committee on Homeland Security and environment DRCED will make information more easily accessible, Solution, Digital Training Management Governmental Affairs, and the Office of System; Defense Occupational and Management and Budget (OMB) standardized, efficiently processed, and useful for customers across the DoD. Environmental Health Readiness pursuant to Section 6 to OMB Circular System, Global Force Management Data No. A–108, ‘‘Federal Agency CATEGORIES OF INDIVIDUALS COVERED BY THE Initiative, Medical Operations Data Responsibilities for Review, Reporting, SYSTEM: System, Force Risk Reduction, Medical and Publication under the Privacy Act,’’ All armed services personnel, Readiness Reporting System, the revised December 23, 2016 (December including National Guard and Reserve Medical Data Repository, Army National 23, 2016, 81 FR 94424). components; former members, and Guard Human/Personnel, Resource, and Dated: March 12, 2020. retirees of the armed services; Manpower, and commensurate data Aaron T. Siegel, dependent family members of armed from National Guard Bureau systems. Alternate OSD Federal Register Liaison services members; DoD ‘‘affiliated’’ The following standalone systems and Officer, Department of Defense. individuals (e.g. non-appropriated fund datasets: Drug and Alcohol Management employees, Red Cross volunteers, Information System; Physical Disability SYSTEM NAME AND NUMBER: United Services Organization (USO) Case Processing System; Personnel Defense Repository for Common staff, Congressional staff members, etc.), Tempo; TRANSCOM Patient Regulating Enterprise Data (DRCED), DUSDC 01. presidential appointees, civilian Command & Control Evaluation System,

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Substance Abuse Program, DoD Suicide or confirms a breach of the System of safeguarded as appropriate. Physical Event Report System, Unit Risk Records; (2) the DoD determines as a access to servers are controlled at Inventory, Global Assessment Tool, result of the suspected or confirmed building access points utilizing Defense Organizational Climate Survey: breach there is a risk of harm to detection systems other electronic alert Military, Learning Management System, individuals, the DoD (including its systems. Electronic intrusion detection Total Human Resource Managers information systems, programs, and systems are installed within the Information System, Navy Manpower operations), the Federal Government, or facilities to monitor, detect, and Program and Budget System, and Army national security; and (3) the disclosure automatically alert appropriate Training Requirements and Resources made to such agencies, entities, and personnel of security incidents. Access System. persons is reasonably necessary to assist to server rooms are secured with devices in connection with the DoD’s efforts to that require each individual to provide ROUTINE USES OF RECORDS MAINTAINED IN THE respond to the suspected or confirmed multi-factor authentication before SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES: breach or to prevent, minimize, or granting entry or exit. remedy such harm. In addition to those disclosures h. To another Federal agency or RECORD ACCESS PROCEDURES: generally permitted under 5 U.S.C. Federal entity, when the DoD Individuals seeking access to their 552a(b) of the Privacy Act of 1974, as determines that information from this records should address written inquiries amended, the records contained herein System of Records is reasonably to the Office of the Secretary of Defense/ may specifically be disclosed outside necessary to assist the recipient agency Joint Staff Freedom of Information Act the DoD as a routine use pursuant to 5 or entity in (1) responding to a Requester Service Center, 1155 Defense U.S.C. 552a(b)(3) as follows: suspected or confirmed breach or (2) Pentagon, Washington, DC 20301–1155. a. To contractors, grantees, experts, preventing, minimizing, or remedying Signed written requests should contain consultants, students, and others the risk of harm to individuals, the the name and number of this System of performing or working on a contract, recipient agency or entity (including its Records Notice along with the full service, grant, cooperative agreement, or information systems, programs and name, identifier (i.e., DoD ID Number or other assignment for the federal operations), the Federal Government, or Defense Benefits Number), date of birth, government when necessary to national security, resulting from a current address, and telephone number accomplish an agency function related suspected or confirmed breach. of the individual. In addition, the to this System of Records. requester must provide either a b. To the appropriate Federal, State, POLICIES AND PRACTICES FOR STORAGE OF notarized statement or an unsworn local, territorial, tribal, foreign, or RECORDS: declaration made in accordance with 28 international law enforcement authority Records are stored on electronic U.S.C. 1746, in the following format: or other appropriate entity where a media. If executed outside the United States: record, either alone or in conjunction ‘‘I declare (or certify, verify, or state) with other information, indicates a POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS: under penalty of perjury under the laws violation or potential violation of law, Records will be typically retrieved by of the United States of America that the whether criminal, civil, or regulatory in foregoing is true and correct. Executed nature. individual’s full name, key words and/ or DoD ID number. on (date). (Signature).’’ c. To any component of the If executed within the United States, Department of Justice for the purpose of POLICIES AND PRACTICES FOR RETENTION AND its territories, possessions, or representing the DoD, or its DISPOSAL OF RECORDS: commonwealths: ‘‘I declare (or certify, components, officers, employees, or Permanent. Cut off when canceled or verify, or state) under penalty of perjury members in pending or potential superseded. Transfer to NARA 25 years that the foregoing is true and correct. litigation to which the record is after cutoff. Executed on (date). (Signature).’’ pertinent. d. In an appropriate proceeding before ADMINISTRATIVE, TECHNICAL, AND PHYSICAL CONTESTING RECORD PROCEDURES: a court, grand jury, or administrative or SAFEGUARDS: The DoD rules for accessing records, adjudicative body or official, when the Multifactor log-in authentication contesting contents, and appealing DoD or other Agency representing the including CAC authentication and initial agency determinations are DoD determines that the records are password; SIPR token as required. contained in 32 CFR part 310, or may relevant and necessary to the Access controls enforce need-to-know be obtained from the system manager. proceeding; or in an appropriate policies so only authorized users have proceeding before an administrative or access to PII. Additionally, security NOTIFICATION PROCEDURES: adjudicative body when the adjudicator audit and accountability policies and Individuals seeking to determine determines the records to be relevant to procedures directly support privacy and whether information about themselves the proceeding. accountability procedures. Network is contained in this system should e. To the National Archives and encryption protects data transmitted address written inquiries to the Director, Records Administration for the purpose over the network while disk encryption Business Integration Office, OUSD of records management inspections secures the disks storing data. Key Comptroller, 1100 Defense Pentagon, conducted under the authority of 44 management services safeguards Washington, DC 20301–1100; email: U.S.C. 2904 and 2906. encryption keys. Sensitive data is osd.pentagon.ousd-c.mbx.audit- f. To a Member of Congress or staff identified and masked as practicable. [email protected]; Phone: (703) 614– acting upon the Member’s behalf when All individuals granted access to this 8575. Signed written requests should the Member or staff requests the System of Records must complete contain the full name, identifier (i.e. information on behalf of, and at the requisite training to include Information DoD ID Number or DoD Benefits request of, the individual who is the Assurance and Privacy Act training. Number), date of birth, and current subject of the record. Sensitive data will be identified, address and telephone number of the g. To appropriate agencies, entities, properly marked with access by only individual. In addition, the requester and persons when (1) the DoD suspects those with a need to know, and must provide either a notarized

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statement or an unsworn declaration HISTORY: FOR FURTHER INFORMATION CONTACT: made in accordance with 28 U.S.C. None. Karma Job at [email protected] 1746, in the following format: [FR Doc. 2020–05504 Filed 3–16–20; 8:45 am] or (703) 697–8976. If executed outside the United States: BILLING CODE 5001–06–P SUPPLEMENTARY INFORMATION: This ‘‘I declare (or certify, verify, or state) 36(b)(1) arms sales notification is under penalty of perjury under the laws DEPARTMENT OF DEFENSE published to fulfill the requirements of of the United States of America that the section 155 of Public Law 104–164 foregoing is true and correct. Executed Office of the Secretary dated July 21, 1996. The following is a on (date). (Signature).’’ copy of a letter to the Speaker of the [Transmittal No. 20–12] If executed within the United States, House of Representatives, Transmittal its territories, possessions, or Arms Sales Notification 20–12 with attached Policy Justification commonwealths: ‘‘I declare (or certify, and Sensitivity of Technology. AGENCY: Defense Security Cooperation verify, or state) under penalty of perjury Dated: March 10, 2020. Agency, Department of Defense. that the foregoing is true and correct. Aaron T. Siegel, Executed on (date). (Signature).’’ ACTION: Arms sales notice. Alternate OSD Federal Register Liaison SUMMARY: Officer, Department of Defense. EXEMPTIONS PROMULGATED FOR THE SYSTEM: The Department of Defense is publishing the unclassified text of an BILLING CODE 5001–06–P None. arms sales notification.

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BILLING CODE 5001–06–C Other ...... $0.15 billion Up to eighteen (18) MAGR 2K-GPS Transmittal No. 20-12 SAASM Receivers (16 installed, 2 Total ...... $2.40 billion spares) Notice of Proposed Issuance of Letter of (iii) Description and Quantity or Offer Pursuant to Section 36(b)(1) of the Quantities of Articles or Services under Non-MDE: Arms Export Control Act, as amended Consideration for Purchase: Also included are AN/ARC-210 U/VHF (i) Prospective Purchaser: Government Major Defense Equipment (MDE): radios, APX-119 Identification Friend of Israel Up to eight (8) KC-46 Aircraft or Foe transponders, initial spares and (ii) Total Estimated Value: Up to seventeen (17) PW4062 Turbofan repair parts, consumables, support Major Defense Equipment * .. $2.25 billion Engines (16 installed, 1 spare) equipment, technical data,

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engineering change proposals, The proposed sale further supports performance, all-in-view GPS satellite publications, Field Service the foreign policy and national security tracking and GPS integrity. Representatives (FSRs), repair and of the United States by allowing Israel 3. If a technologically advanced return, depot maintenance, training to provide a redundant capability to adversary were to obtain knowledge of and training equipment, contractor U.S. assets within the region, potentially the specific hardware and software technical and logistics personnel freeing U.S. assets for use elsewhere elements, the information could be used services, U.S. Government and during times of war. Aerial refueling to develop countermeasures or contractor representative support, and strategic airlift are consistently equivalent systems which might reduce Group A and B installation for cited as significant shortfalls for our system effectiveness or be used in the subsystems, flight test and allies. In addition, the sale improves development of a system with similar or certification, other related elements of Israel’s national security posture as a advanced capabilities. logistics support and training. key U.S. ally. Israel will have no 4. A determination has been made (iv) Military Department: Air Force difficulty absorbing this equipment into that Israel can provide substantially the (IS-D-YAG) its armed forces. same degree of protection for the (v) Prior Related Cases, if any: None The proposed equipment and support sensitive technology being released as (vi) Sales Commission, Fee, etc., Paid, will not alter the basic military balance the U.S. Government. This sale is Offered, or Agreed to be Paid: None in the region. necessary in furtherance of the U.S. (vii) Sensitivity of Technology The principal contractors will be foreign policy and national security Contained in the Defense Article or Boeing Corporation, Everett, WA, for the objectives outlined in the Policy Defense Services Proposed to be Sold: aircraft; and Raytheon Company, Justification. See Attached Annex Waltham, MA, for the MAGR 2K. There 5. All defense articles and services (viii) Date Report Delivered to are no known offset agreements listed in this transmittal have been Congress: March 3, 2020 proposed in connection with this authorized for release and export to the *As defined in Section 47(6) of the potential sale. Government of Israel. Arms Export Control Act. Implementation of this proposed sale [FR Doc. 2020–05387 Filed 3–16–20; 8:45 am] will require the assignment of two U.S. POLICY JUSTIFICATION BILLING CODE 5001–06–P field service/contractor representatives Israel—KC–46A Aerial Refueling to Israel. Aircraft There will be no adverse impact on DEPARTMENT OF DEFENSE The Government of Israel has U.S. defense readiness as a result of this requested to buy up to eight (8) KC-46 proposed sale. Office of the Secretary aircraft; up to seventeen (17) PW4062 Transmittal No. 20-12 turbofan engines (16 installed, 1 spare); [Transmittal No. 20–03] and up to eighteen (18) MAGR 2K-GPS Notice of Proposed Issuance of Letter of SAASM receivers (16 installed, 2 Offer Pursuant to Section 36(b)(1) of the Arms Sales Notification spares). Also included are AN/ARC-210 Arms Export Control Act U/VHF radios, APX-119 Identification Annex AGENCY: Defense Security Cooperation Friend or Foe transponders, initial Agency, Department of Defense. Item No. vii spares and repair parts, consumables, ACTION: Arms sales notice. support equipment, technical data, (vii) Sensitivity of Technology: engineering change proposals, 1. The Boeing KC-46 is an aerial SUMMARY: The Department of Defense is publications, Field Service refueling aircraft with two (2) Pratt & publishing the unclassified text of an Representatives (FSRs), repair and Whitney Model 4062 (PW4062) arms sales notification. return, depot maintenance, training and Turbofan engines. The KC-46 evolved FOR FURTHER INFORMATION CONTACT: training equipment, contractor technical from the Boeing 767-200ER passenger Karma Job at [email protected] and logistics personnel services, U.S. aircraft and the 767-2C provision or (703) 697–8976. Government and contractor freighter. Refueling systems and military SUPPLEMENTARY INFORMATION: This representative support, Group A and B avionics have been added to the aircraft. 36(b)(1) arms sales notification is installation for subsystems, flight test 2. The Miniature Airborne Global published to fulfill the requirements of and certification, other related elements Positioning System Receiver 2000 section 155 of Public Law 104–164 of logistics support and training. The (MAGR 2K) with Selective Availability dated July 21, 1996. The following is a total estimated program cost is $2.4 Anti-Spoofing Module (SAASM) design copy of a letter to the Speaker of the billion. is a GPS Receiver Applications Module The United States is committed to the based open system architecture that is House of Representatives, Transmittal security of Israel, and it is vital to U.S. modular in design and incorporates 20–03 with attached Policy Justification national interests to assist Israel to modern electronics. The MAGR 2K is a and Sensitivity of Technology. develop and maintain a strong and form, fit, and function backward Dated: March 10, 2020. ready self-defense capability. This compatible replacement of the MAGR, Aaron T. Siegel, proposed sale is consistent with those and provides enhancements including Alternate OSD Federal Register Liaison objectives. improved acquisition and GPS solution Officer, Department of Defense.

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BILLING CODE 5001–06–C TOTAL ...... $239.35 mil- Non-MDE: Transmittal No. 20-03 lion Also included are twenty five (25) Notice of Proposed Issuance of Letter of (iii) Description and Quantity or export Single Channel Ground and Offer Pursuant to Section 36(b)(1) of the Quantities of Articles or Services under Airborne Radio System (SINCGARS); Arms Export Control Act, as amended Consideration for Purchase: twenty five (25) AN/PSN-13A Defense Major Defense Equipment (MDE): Advanced Global Positioning System (i) Prospective Purchaser: Kingdom of Twenty five (25) M88A2 Heavy (GPS) Receiver (DAGR) with Selective- Morocco Equipment Recovery Combat Utility Availability/Anti-Spoofing Module (ii) Total Estimated Value: Lift and Evacuation System (SAASM); thirty (30) AN/VAS-5B Driver Vision Enhancer (DVE) kits; twenty five Major Defense Equipment * $211.18 mil- (HERCULES) Vehicles and/or M88A1 lion Long Supply HERCULES Refurbished (25) M239 or M250 smoke grenade Other ...... $ 28.17 mil- Vehicles launchers; one thousand eight hundred lion Twenty-five (25) M2 .50 Caliber (1,800) M76 (G826) or L8A1/L8A3 Machine Guns (G815) smoke grenade rounds; spare

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parts; support equipment; depot level (1,800) M76 (G826) or L8A1/L8A3 system checkout and new equipment support; Government-Furnished (G815) smoke grenade rounds; spare training. Equipment (GFE); repair parts; parts; support equipment; depot level There will be no adverse impact on communication support equipment; support; Government-Furnished U.S. defense readiness as a result of this communication equipment integration; Equipment (GFE); repair parts; proposed sale. tools and test equipment; training; communication support equipment; Transmittal No. 20-03 training simulators; repair and return communication equipment integration; program; U.S. Government and tools and test equipment; training; Notice of Proposed Issuance of Letter of contractor engineering, technical, and training simulators; repair and return Offer Pursuant to Section 36(b)(1) of the logistics support services; Technical program; U.S. Government and Arms Export Control Act Assistance Field Team (TAFT); and contractor engineering, technical, and Annex other related elements of logistics and logistics support services; Technical program support. Additionally, the Assistance Field Team (TAFT); and Item No. vii following recommended basic load other related elements of logistics and (vii) Sensitivity of Technology: ammunition may be included upon program support. Additionally, the 1. The M88A2 Improved Recovery request from customer: Twenty five following recommended basic load Vehicle HERCULES (Heavy Equipment thousand (25,000) A576 cartridges, .50 ammunition may be included upon Recovery Combat Utility Lift and caliber linked 4 API/API-T F/M2; three request from customer: twenty five Evacuation System) recovers tanks hundred (300) G815 - grenade, smoke thousand (25,000) A576 cartridges, .50 mired to different depths, removes and screening L8A1/A3; two thousand five caliber linked 4 API/API-T F/M2; three replaces tank turrets and power packs, hundred (2,500) A541 - 50 armor hundred (300) G815 - grenade, smoke and uprights overturned heavy combat piercing incendiary, tracer M20 F/M2; screening L8A1/A3; two thousand five vehicles. The main winch on the ninety-one thousand eight hundred hundred (2,500) A541 - 50 armor M88A2 is capable of a 70-ton, single- (91,800) A557 - cartridge, .50 caliber 4 piercing incendiary, tracer M20 F/M2; line recovery, allowing the HERCULES ball/1 tracer linked M33 F/M2; fifty four ninety-one thousand eight hundred to provide recovery of the 70-ton M1A2 thousand (54,000) A598 - cartridge, .50 (91,800) A557 - cartridge, .50 caliber 4 Abrams tanks. The highest level of caliber blank F/M2; other technical ball/1 tracer linked M33 F/M2; fifty four information that could be transferred assistance and support equipment; and thousand (54,000) A598 - cartridge, .50 with the sale of HERCULES is other related elements of logistics and caliber blank F/M2; other technical UNCLASSIFIED. program support. assistance and support equipment; and 2. If a technologically advanced (iv) Military Department: Army (MO- other related elements of logistics and adversary were to obtain knowledge of B-UTS) program support. The total estimated the specific hardware and software (v) Prior Related Cases, if any: None cost is $239.35 million. elements, the information could be used This proposed sale will support the (vi) Sales Commission, Fee, etc., Paid, to develop countermeasures that might foreign policy and national security of Offered, or Agreed to be Paid: None reduce weapon system effectiveness or the United States by helping to improve (vii) Sensitivity of Technology be used in the development of a system the security of a major non-NATO ally Contained in the Defense Article or with similar or advanced capabilities. that continues to be an important force Defense Services Proposed to be Sold: 3. A determination has been made for political stability and economic See Attached Annex. that Morocco can provide substantially (viii) Date Report Delivered to progress in North Africa. The proposed sale will improve the same degree of protection for the Congress: March 3, 2020 Morocco’s capability to meet current sensitive technology being released as * As defined in Section 47(6) of the and future combat vehicle recovery the U.S. Government. This sale is Arms Export Control Act. requirements. Morocco will use the necessary in furtherance of the U.S. POLICY JUSTIFICATION enhanced capability to enable armored foreign policy and national security forces training to strengthen its objectives outlined in the Policy Morocco—M88A2 Heavy Equipment Justification. Recovery Combat Utility Lift and homeland defense and deter regional threats. Morocco intends to use these 4. All defense articles and services Evacuation System (HERCULES), listed in this transmittal are authorized Support, and Equipment defense articles and services to modernize its armed forces by updating for release and export to the The Government of Morocco has their combat vehicle recovery capability Government of Morocco. requested to buy twenty five (25) in pace with their armored unit [FR Doc. 2020–05468 Filed 3–16–20; 8:45 am] M88A2 Heavy Equipment Recovery upgrades. Morocco will have no BILLING CODE 5001–06–P Combat Utility Lift and Evacuation difficulty absorbing these vehicles into System (HERCULES) vehicles and/or its armed forces. M88A1 long supply HERCULES The proposed sale of this equipment DEPARTMENT OF EDUCATION refurbished vehicles; and twenty-five and services will not alter the basic [Docket No. ED–2020–SCC–0010] (25) M2 .50 caliber machine guns. Also military balance in the region. included are twenty five (25) export The principal contractor will be BAE, Statewide Longitudinal Data System Single Channel Ground and Airborne York, Pennsylvania. The purchaser (SLDS) Survey 2020–2022; ED–2020– Radio System (SINCGARS); twenty five typically requests offsets. Any offset SCC–0010; Correction (25) AN/PSN-13A Defense Advanced agreement will be defined in Global Positioning System (GPS) negotiations between the purchaser and AGENCY: National Center for Education Receiver (DAGR) with Selective- the contractor(s). Statistics (NCES), Department of Availability/Anti-Spoofing Module Implementation of this sale will Education (ED). (SAASM); thirty (30) AN/VAS-5B Driver require the assignment of approximately ACTION: Correction notice. Vision Enhancer (DVE) kits; twenty five 30 U.S. Government or contractor (25) M239 or M250 smoke grenade representatives to travel to Morocco for SUMMARY: On March 6, 2020, the U.S. launchers; one thousand eight hundred equipment deprocessing/fielding, Department of Education published a

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30-day comment period notice in the information or comments submitted by provided under Section 1003 of Title I, Federal Register with FR DOC# 2020– postal mail or delivery should be Part A—as well as Title I, Part B of the 04568 seeking public comment for an addressed to the Director of the Strategic Individuals with Disabilities Education information collection entitled, Collections and Clearance Governance Act (IDEA). The study will collect ‘‘Statewide Longitudinal Data System and Strategy Division, U.S. Department detailed fiscal data from a nationally (SLDS) Survey 2020–2022’’. The of Education, 400 Maryland Ave SW, representative sample of 400 school comment period ends on April 17, 2020 LBJ, Room 6W–208B, Washington, DC districts, including budgets, plans, instead of April 6, 2020, and interested 20202–4537. expenditure data, and personnel and persons are invited to submit comments FOR FURTHER INFORMATION CONTACT: For payroll data. In addition, the study will on or before April 17, 2020. specific questions related to collection collect data on allocations to districts The PRA Coordinator, Strategic activities, please contact Stephanie and schools to examine how the Collections and Clearance Governance Stullich, 202–245–6468. distribution of funds varies in relation and Strategy Division, Office of Chief SUPPLEMENTARY INFORMATION: The to program goals and student needs; Data Officer, hereby issues a correction Department of Education (ED), in survey district and school officials to notice as required by the Paperwork accordance with the Paperwork explore such issues as the types of Reduction Act of 1995. Reduction Act of 1995 (PRA) (44 U.S.C. services and resources that are provided Dated: March 12, 2020. 3506(c)(2)(A)), provides the general through the federal funds, coordination Kathy Axt, public and Federal agencies with an across programs, and use of flexibility; conduct interviews in nine site visits to PRA Coordinator, Strategic Collections and opportunity to comment on proposed, Clearance, Governance and Strategy Division, revised, and continuing collections of districts to obtain more in-depth data; Office of Chief Data Officer. information. This helps the Department and analyze fiscal data. [FR Doc. 2020–05494 Filed 3–16–20; 8:45 am] assess the impact of its information Dated: March 12, 2020. BILLING CODE 4000–01–P collection requirements and minimize Kathy Axt, the public’s reporting burden. It also PRA Coordinator, Strategic Collections and helps the public understand the Clearance, Governance and Strategy Division, DEPARTMENT OF EDUCATION Department’s information collection Office of Chief Data Officer. [Docket No.: ED–2019–ICCD–0160] requirements and provide the requested [FR Doc. 2020–05475 Filed 3–16–20; 8:45 am] data in the desired format. ED is BILLING CODE 4000–01–P Agency Information Collection soliciting comments on the proposed Activities; Submission to the Office of information collection request (ICR) that Management and Budget for Review is described below. The Department of DEPARTMENT OF ENERGY and Approval; Comment Request; Education is especially interested in Study of District and School Uses of public comment addressing the Federal Energy Regulatory Federal Education Funds following issues: (1) Is this collection Commission necessary to the proper functions of the [Project No. 7189–014] AGENCY: Institute of Education Sciences Department; (2) will this information be (IES), Department of Education (ED). processed and used in a timely manner; Green Lake Water Power Company; ACTION: Notice. (3) is the estimate of burden accurate; Green Lake Hydroelectric Project; (4) how might the Department enhance SUMMARY: In accordance with the Notice of Dispute Resolution Panel the quality, utility, and clarity of the Meeting and Technical Conference Paperwork Reduction Act of 1995, ED is information to be collected; and (5) how proposing a new information collection. might the Department minimize the On March 9, 2020, Commission staff, DATES: Interested persons are invited to burden of this collection on the in response to the filing of a notice of submit comments on or before April 16, respondents, including through the use study dispute by the U.S. National 2020. of information technology. Please note Marine Fisheries Service (NMFS) on ADDRESSES: To access and review all the that written comments received in February 25, 2020, convened a single documents related to the information response to this notice will be three-person Dispute Resolution Panel collection listed in this notice, please considered public records. (Panel) pursuant to 18 CFR 5.14(d). use http://www.regulations.gov by Title of Collection: Study of District The Panel will hold a technical searching the Docket ID number ED– and School Uses of Federal Education conference, via conference call, at the 2019–ICCD–0160. Comments submitted Funds. time identified below. The technical in response to this notice should be OMB Control Number: 1850–NEW. conference will address the study submitted electronically through the Type of Review: A new information dispute regarding an assessment of the Federal eRulemaking Portal at http:// collection. feasibility of various fish passage www.regulations.gov by selecting the Respondents/Affected Public: State, options for Atlantic salmon and alewife Docket ID number or via postal mail, Local, and Tribal Governments. at the Green Lake Project, as requested commercial delivery, or hand delivery. Total Estimated Number of Annual by NMFS in its study request filed on If the regulations.gov site is not Responses: 306. July 26, 2019. available to the public for any reason, Total Estimated Number of Annual The purpose of the technical session ED will temporarily accept comments at Burden Hours: 306. is for the disputing agency, applicant, [email protected]. Please include the Abstract: The Study of District and and Commission to provide the Panel docket ID number and the title of the School Uses of Federal Education Funds with additional information necessary information collection request when will examine targeting and resource to evaluate the disputed study. All local, requesting documents or submitting allocation for five major federal state, and federal agencies, Indian tribes, comments. Please note that comments education programs: Part A of Titles I, and other interested parties are invited submitted by fax or email and those II, III, and IV of the Elementary and to participate in the conference call as submitted after the comment period will Secondary Education Act (ESEA)— observers. The Panel may also request not be accepted. Written requests for including school improvement grants information or clarification on written

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submissions as necessary to understand Secretary of the Commission, 888 First The Commission will only submit a the matters in dispute. The Panel will Street NE, Washington, DC 20426. collection for approval under this limit all input that it receives to the Instructions: All submissions must be generic clearance if it meets the specific study or information in dispute formatted and filed in accordance with following conditions: and will focus on the applicability of submission guidelines at: http:// • The collections are voluntary; the study or information to the study www.ferc.gov/help/submission- • The collections are low burden for criteria stipulated in 18 CFR 5.9(b). If guide.asp. For user assistance contact respondents (based on considerations of the number of participants wishing to FERC Online Support by email at total burden hours, total number of speak creates time constraints, the Panel [email protected], or by phone respondents, or burden hours per may, at its discretion, limit the speaking at: (866) 208–3676 (toll-free), or (202) respondent) and are low-cost for both time for each participant. 502–8659 for TTY. the respondents and the Federal For more information, please contact Docket: Users interested in receiving Government; • Jody Callihan, the Dispute Resolution automatic notification of activity in this The collections are non- Panel Chair, at [email protected] or docket or in viewing/downloading controversial and do not raise issues of 202–502–8278. comments and issuances in this docket concern to other Federal agencies; may do so at http://www.ferc.gov/docs- • The collection is targeted to the Technical Conference Call filing/docs-filing.asp. solicitation of opinions from Date: Monday, March 30, 2020 FOR FURTHER INFORMATION CONTACT: respondents who have experience with Time: 10:00 a.m.–12:00 p.m. (EST) Ellen Brown may be reached by email the program or may have experience at [email protected], telephone with the program soon; Conference Call-in Information at (202) 502–8663, and fax at (202) 273– • Personal identifiable information WebEx 0873. (PII) is collected only to the extent Call-in number: 202–502–8001 necessary and is not retained; SUPPLEMENTARY INFORMATION: • Meeting ID number: 991839900 Title: FERC–153, Generic Clearance Information gathered is intended to for the Collection of Qualitative be used only internally for general Dated: March 11, 2020.. service improvement and program Kimberly D. Bose, Feedback on Commission Service Delivery. management purposes and is not Secretary. OMB Control No.: 1902–0293. intended for release outside of the [FR Doc. 2020–05462 Filed 3–16–20; 8:45 am] Type of Request: Generic information Commission (if released, the BILLING CODE 6717–01–P collection. Commission must indicate the Abstract: This information collection qualitative nature of the information); provides a means to garner qualitative • Information gathered will not be DEPARTMENT OF ENERGY customer and stakeholder feedback in used for the purpose of substantially an efficient, timely manner, in informing influential policy decisions; Federal Energy Regulatory accordance with the Administration’s and Commission commitment to improving service • Information gathered will yield [Docket No. IC20–11–000] delivery. By qualitative feedback, we qualitative information; the collections mean data that provides useful insights will not be designed or expected to Commission Information Collection on perceptions and opinions but are not yield statistically reliable results or used Activities; Comment Request for statistical surveys that yield quantitative as though the results are generalizable to Generic Clearance for the Collection of results that can be generalized to the the population of study. Qualitative Feedback on Commission population of study. This feedback will Feedback collected under this generic Service Delivery provide insights into customer or clearance provides useful information, stakeholder perceptions, experiences, but it does not yield data that can be AGENCY: Federal Energy Regulatory and expectations, provide an early generalized to the overall population. Commission. warning of issues with service, or focus This type of generic clearance for ACTION: Notice of information collection attention on areas where qualitative information will not be used and request for comments. communication, training or changes in for quantitative information collections operations might improve delivery of that are designed to yield reliably SUMMARY: In compliance with the products or services. This collection actionable results, such as monitoring requirements of the Paperwork will allow for ongoing, collaborative and trends over time or documenting Reduction Act of 1995 (PRA), the actionable communications between program performance. Such data uses Federal Energy Regulatory Commission FERC and its customers and require more rigorous designs that (Commission or FERC) is soliciting stakeholders. It will also allow feedback address: The target population to which public comment on the currently to contribute directly to the generalizations will be made, the approved information collection, FERC– improvement of program management. sampling frame, the sample design 153, ‘‘Generic Clearance for the The solicitation of feedback will target (including stratification and clustering), Collection of Qualitative Feedback on areas such as: Timeliness, the precision requirements or power Commission Service Delivery’’. appropriateness, accuracy of calculations that justify the proposed DATES: Comments on the collection of information, courtesy, efficiency of sample size, the expected response rate, information are due May 18, 2020. service delivery, and resolution of methods for assessing potential non- ADDRESSES: You may submit comments issues with service delivery. Responses response bias, the protocols for data (identified by Docket No. IC20–11–000) will be assessed to plan and inform collection, and any testing procedures by either of the following methods: efforts to improve or maintain the that were or will be undertaken prior to • eFiling at Commission’s website: quality of service offered to the public. fielding the study. http://www.ferc.gov/docs-filing/ If this information is not collected, vital As a general matter, this information efiling.asp. feedback from customers and collection will not result in any new • Mail/Hand Delivery/Courier: stakeholders on the Commission’s system of records containing privacy Federal Energy Regulatory Commission, services will be unavailable. information and will not ask questions

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of a sensitive nature, such as sexual and displays a currently valid OMB Type of Respondents/Affected Public: behavior and attitudes, religious beliefs, Control Number. In addition, Individuals and households; Businesses and other matters that are commonly notwithstanding any other provisions of or other for-profit and not-for-profit considered private. law, no person shall generally be subject organizations; State, Local, or Tribal This information collection is subject to penalty for failing to comply with a government. to the PRA. The Commission generally collection of information which does Estimate of Annual Burden: 1 The cannot conduct or sponsor a collection not display a valid OMB Control of information, and the public is Number. See 5 CFR 1320. OMB Commission estimates the annual public generally not required to respond to an authorization for an information reporting burden and cost for the information collection, unless it is collection cannot be for more than three information collection as: approved by the OMB under the PRA years without renewal.

FERC–153, ESTIMATED ANNUAL BURDEN FOR GENERIC CLEARANCE

Number of Number of responses per Total number Average burden minutes per Total burden hours respondents respondent of responses response

(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5)

Generic Clearance ...... 15,000 1 15,000 6 minutes ...... 2 1,500 hours.

Comments: Comments are invited on: certain terms and conditions of service with any FERC Online service, please (a) Whether the collection of related to a proposed new transportation email [email protected], or information is necessary for the proper service from the U.S. Gulf Coast receipt call (866) 208–3676 (toll free). For TTY, performance of the functions of the points on Explorer’s system to a new call (202) 502–8659. Commission, including whether the delivery point on Explorer’s system in Comment Date: 5:00 p.m. Eastern time information shall have practical utility; Melissa, Texas, all as more fully on April 1, 2020. (b) the accuracy of the Commission’s explained in the petition. Dated: March 11, 2020. estimate of the burden of the collection Any person desiring to intervene or to Kimberly D. Bose, protest this filing must file in of information; (c) ways to enhance the Secretary. quality, utility, and clarity of the accordance with Rules 211 and 214 of information to be collected; (d) ways to the Commission’s Rules of Practice and [FR Doc. 2020–05464 Filed 3–16–20; 8:45 am] minimize the burden of the collection of Procedure (18 CFR 385.211, 385.214). BILLING CODE 6717–01–P information on respondents, including Protests will be considered by the through the use of automated collection Commission in determining the DEPARTMENT OF ENERGY techniques or other forms of information appropriate action to be taken, but will technology; and (e) estimates of capital not serve to make protestants parties to Federal Energy Regulatory or start-up costs and costs of operation, the proceeding. Any person wishing to Commission maintenance, and purchase of services become a party must file a notice of to provide information. intervention or motion to intervene, as [Docket No. OR20–9–000] Dated: March 10, 2020. appropriate. Such notices, motions, or Apex Oil Company, Inc. FutureFuel Kimberly D. Bose, protests must be filed on or before the Chemical Company v. Colonial Secretary. comment date. Anyone filing a motion Pipeline Company; Notice of to intervene or protest must serve a copy [FR Doc. 2020–05391 Filed 3–16–20; 8:45 am] Complaint of that document on the Petitioner. BILLING CODE 6717–01–P The Commission encourages Take notice that on March 9, 2020, electronic submission of protests and pursuant to Rule 206 of the Rules of DEPARTMENT OF ENERGY interventions in lieu of paper using the Practice and Procedure of the Federal eFiling link at http://www.ferc.gov. Energy Regulatory Commission’s Federal Energy Regulatory Persons unable to file electronically (Commission) 18 CFR 385.206 (2019), Commission should submit an original and 5 copies Part 343 of the Commission’s Rules and of the protest or intervention to the Regulations, 18 CFR 343, et seq. (2019) [Docket No. OR20–8–000] Federal Energy Regulatory Commission, and sections 1(5), 6, 8, 9, 13, 15, and 16 of the Interstate Commerce Act (ICA), 49 Explorer Pipeline Company; Notice of 888 First Street NE, Washington, DC U.S.C. App. 1(5), 6, 8, 9, 13, 15, and 16 Petition for Declaratory Order 20426. This filing is accessible on-line at and section 1803 of the Energy Policy Take notice that on February 26, 2020, http://www.ferc.gov, using the eLibrary Act of 1992, Apex Oil Company, Inc. pursuant to Rule 207(a)(2) of the Federal link and is available for review in the and FutureFuel Chemical Company, Energy Regulatory Commission’s Commission’s Public Reference Room in (jointly Complainants) filed a formal (Commission) Rules of Practice and Washington, DC. There is an complaint against Colonial Pipeline Procedure, 18 CFR 385.207(a)(2) (2019), eSubscription link on the website that Company (Colonial or Respondent), Explorer Pipeline Company (Explorer), enables subscribers to receive email challenging the just and reasonableness filed a petition for declaratory order notification when a document is added of (1) Colonial’s cost-based requesting that the Commission approve to a subscribed docket(s). For assistance transportation rates in FERC Tariff No.

1 Burden is defined as the total time, effort, or information to or for a Federal agency. For further collection burden, refer to 5 Code of Federal financial resources expended by persons to explanation of what is included in the information Regulations 1320.3. generate, maintain, retain, or disclose or provide 2 1,500 hours = 90,000 minutes.

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99.56.0 and all predecessor tariffs; (2) DEPARTMENT OF ENERGY motions to intervene, notices of intent, Colonial’s market-based rate authority and competing applications using the and rates charged pursuant to that Federal Energy Regulatory Commission’s eFiling system at http:// authority; and (3) Colonial’s charges Commission www.ferc.gov/docs-filing/efiling.asp. relating to product loss allocation and [Project No. 15019–000] Commenters can submit brief comments transmix, all as more fully explained in up to 6,000 characters, without prior the complaint. Paddy Hill Holdings, LLC; Notice of registration, using the eComment system Preliminary Permit Application at http://www.ferc.gov/docs-filing/ Complainants certifies that copies of Accepted for Filing and Soliciting ecomment.asp. You must include your the complaint were served on the Comments, Motions To Intervene, and name and contact information at the end contacts for Respondent as listed on the Competing Applications of your comments. For assistance, Commission’s list of Corporate Officials. please contact FERC Online Support at Any person desiring to intervene or to March 11, 2020. [email protected], (866) protest this filing must file in On December 13, 2019, Paddy Hill 208–3676 (toll free), or (202) 502–8659 accordance with Rules 211 and 214 of Holdings, LLC, filed an application for (TTY). In lieu of electronic filing, please a preliminary permit, pursuant to the Commission’s Rules of Practice and send a paper copy to: Secretary, Federal section 4(f) of the Federal Power Act Procedure (18 CFR 385.211, 385.214). Energy Regulatory Commission, 888 (FPA), proposing to study the feasibility First Street NE, Washington, DC 20426. Protests will be considered by the of the Brownville Hydroelectric Project Commission in determining the The first page of any filing should to be located on the Black River in include docket number P–15019–000. appropriate action to be taken, but will Jefferson County, New York. The sole not serve to make protestants parties to More information about this project, purpose of a preliminary permit, if including a copy of the application, can the proceeding. Any person wishing to issued, is to grant the permit holder be viewed or printed on the ‘‘eLibrary’’ become a party must file a notice of priority to file a license application link of the Commission’s website at intervention or motion to intervene, as during the permit term. A preliminary http://www.ferc.gov/docs-filing/ appropriate. The Respondent’s answer permit does not authorize the permit elibrary.asp. Enter the docket number and all interventions, or protests must holder to perform any land-disturbing (P–15019) in the docket number field to be filed on or before the comment date. activities or otherwise enter upon lands access the document. For assistance, The Respondent’s answer, motions to or waters owned by others without the contact FERC Online Support. intervene, and protests must be served owners’ express permission. on the Complainants. The proposed project would consist of Kimberly D. Bose, the following: (1) A new impoundment Secretary. The Commission encourages with a surface area of 19 acres and a [FR Doc. 2020–05463 Filed 3–16–20; 8:45 am] electronic submission of protests and storage capacity of 500 acre-feet at a BILLING CODE 6717–01–P interventions in lieu of paper using the normal pool level of 284 feet mean sea eFiling link at http://www.ferc.gov. level; (2) a new 178-foot-long, 22-foot- Persons unable to file electronically high concrete gravity dam with an ogee- DEPARTMENT OF ENERGY should submit an original and 5 copies crest spillway and 2 feet of adjustable of the protest or intervention to the crest gates or flashboards; (3) a new 10- Federal Energy Regulatory Federal Energy Regulatory Commission, foot-long, 8-foot-wide fishway; (4) two Commission 888 First Street NE, Washington, DC turbine-generator units with a total rated Sunshine Act Meeting Notice 20426. capacity of 9 megawatts; (5) a new 90- This filing is accessible on-line at foot-long, 60-foot-wide, 45-foot-high The following notice of meeting is http://www.ferc.gov, using the eLibrary powerhouse; (6) a new 70-foot-wide published pursuant to section 3(a) of the link and is available for electronic tailrace with a new 700-foot-long government in the Sunshine Act (Pub. review in the Commission’s Public training wall; (7) a new 200-foot-long, L. 94–409), 5 U.S.C. 552b: Reference Room in Washington, DC. 4.16-kilovolt underground transmission Agency Holding Meeting: Federal There is an eSubscription link on the line connecting the new generating Energy Regulatory Commission. Date and Time: March 19, 2020, 10:00 website that enables subscribers to units to an existing National Grid substation; and (8) appurtenant a.m. receive email notification when a facilities. The proposed project would Place: Room 2C, 888 First Street NE, document is added to a subscribed have an annual generation of 43,000 Washington, DC 20426, Open to the docket(s). For assistance with any FERC 1 megawatt-hours. public via Webcast only. Online service, please email Applicant Contact: Stuart Brown, Status: Open. [email protected], or call Paddy Hill Holdings, LLC, 800 Starbuck Matters to be Considered: Agenda, * (866) 208–3676 (toll free). For TTY, call Avenue, Watertown, NY 13601; phone: NOTE—Items listed on the agenda may (202) 502–8659. 315–681–6381. be deleted without further notice. Contact Person for More Information: Comment Date: 5:00 p.m. Eastern FERC Contact: Woohee Choi; phone: Kimberly D. Bose, Secretary, Telephone Time on April 8, 2020. (202) 502–6336. Deadline for filing comments, motions (202) 502–8400. Dated: March 11, 2020. to intervene, competing applications Kimberly D. Bose, (without notices of intent), or notices of 1 A free webcast of this event is available through www.ferc.gov. Anyone may view this event via the Secretary. intent to file competing applications: 60 internet by navigating to www.ferc.gov Calendar of [FR Doc. 2020–05461 Filed 3–16–20; 8:45 am] days from the issuance of this notice. Events and locating this event in the Calendar. This event will contain a link to the webcast. Members BILLING CODE 6717–01–P Competing applications and notices of intent must meet the requirements of 18 of the media who have Capitol Hill accreditation, or who represent media outlets that regularly follow CFR 4.36. FERC, can attend this meeting but must pre-register The Commission strongly encourages at https://www.ferc.gov/whats-new/registration/03- electronic filing. Please file comments, 19-20-form.asp.

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For a recorded message listing items not include a listing of all documents ferc.capitolconnection.org/ using the struck from or added to the meeting, call relevant to the items on the agenda. All eLibrary link, or may be examined in (202) 502–8627. public documents, however, may be the Commission’s Public Reference This is a list of matters to be viewed on line at the Commission’s Room. considered by the Commission. It does website at http://

1066TH MEETING—OPEN MEETING [March 19, 2020, 10:00 a.m.]

Item No. Docket No. Company

Administrative

A–1 ...... AD20–1–000 ...... Agency Administrative Matters. A–2 ...... AD20–2–000 ...... Customer Matters, Reliability, Security and Market Operations. A–3 ...... AD06–3–000 ...... Market Update.

Electric

E–1 ...... RM20–10–000 ...... Electric Transmission Incentives Policy Under Section 219 of the Federal Power Act. E–2 ...... ER19–1965–000, ER19– Alcoa Power Generating Inc. 1965–001. E–3 ...... ER19–1887–000, ER19– Emera Maine. 1887–001. E–4 ...... ER19–1961–000, ER19– GridLiance High Plains LLC. 1961–002. E–5 ...... ER19–1936–000, ER19– Idaho Power Company. 1936–001. E–6 ...... ER19–1951–000 ...... ISO New England Inc. and Participating Transmission Owners Administrative Committee. E–7 ...... ER19–1904–000 ...... Nevada Power Company. E–8 ...... ER19–1947–000, ER19– Puget Sound Energy, Inc. 1947–001. E–9 ...... ER19–2112–000 ...... Sky River LLC. E–10 ...... ER19–2233–000, ER19– Smoky Mountain Transmission LLC. 2233–001. E–11 ...... ER19–2165–001 ...... Western Interconnect LLC. E–12 ...... OMITTED E–13 ...... OMITTED E–14 ...... ER18–462–001 ...... Midcontinent Independent System Operator, Inc. E–15 ...... ER11–4081–006 ...... Midwest Independent Transmission System Operator, Inc. E–16 ...... ER17–1138–002, ER17– PJM Interconnection, L.L.C. 1138–003. E–17 ...... ER19–1952–000 ...... ISO New England Inc., New England Power Pool Participants Committee, and Participating Trans- mission Owners Administrative Committee. E–18 ...... RM20–11–000 ...... Reporting of Transmission Investments. E–19 ...... ER20–681–000, ...... Tri-State Generation and Transmission Association, Inc. ER20–682–000 ...... Thermo Cogeneration Partnership, L.P. E–20 ...... ER20–676–000, ER20– Tri-State Generation and Transmission Association, Inc. 683–000, ER20–683– 001, EL20–26–000. E–21 ...... ER20–686–000, ER20– Tri-State Generation and Transmission Association, Inc. 688–000, ER20–688– 001, ER20–726–000. ER20–728–000, EL20– 25–000. E–22 ...... ER20–689–000, ER20– Tri-State Generation and Transmission Association, Inc. 690–000, ER20–691– 000, ER20–691–001, ER20–693–000, ER20– 694–000, ER20–694– 001, ER20–695–000, ER20–695–001, ER20– 772–000, ER20–782– 000, ER20–872–000, ER20–970–000. E–23 ...... EL20–16–000 ...... Tri-State Generation and Transmission Association, Inc. E–24 ...... OMITTED E–25 ...... ER20–855–000 ...... Midcontinent Independent System Operator, Inc. E–26 ...... ER20–170–000, ER20– Midcontinent Independent System Operator, Inc. 170–001. E–27 ...... EL15–70–002 ...... Public Citizen, Inc. v. Midcontinent Independent System Operator, Inc. EL15–71–002 ...... The People of the State of Illinois By Illinois Attorney General Lisa Madigan v. Midcontinent Inde- pendent System Operator, Inc. EL15–72–002 ...... Southwestern Electric Cooperative, Inc. v. Midcontinent Independent System Operator, Inc., Dynegy, Inc. and Sellers of Capacity into Zone 4 of the 2015–2016 MISO Planning Resource Auction.

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1066TH MEETING—OPEN MEETING—Continued [March 19, 2020, 10:00 a.m.]

Item No. Docket No. Company

E–28 ...... OMITTED E–29 ...... TX19–1–000 ...... Mountain Breeze Wind, LLC. E–30 ...... EL15–55–003 ...... Modesto Irrigation District and Turlock Irrigation District v. Pacific Gas and Electric Company E–31 ...... ER20–629–000 ...... NYC ENERGY LLC.

Hydro

H–1 ...... P–14991–001 ...... Premium Energy Holdings, LLC. H–2 ...... P–606–027, P–606–037 .... Pacific Gas and Electric Company. H–3 ...... P–2800–050 ...... Essex Company, LLC.

Certificates

C–1 ...... CP19–78–000 ...... PennEast Pipeline Company, LLC. C–2 ...... CP19–475–000 ...... Gulfstream Natural Gas System, L.L.C. C–3 ...... CP19–474–000 ...... Florida Gas Transmission Company, LLC. C–4 ...... CP19–125–000 ...... Gulf South Pipeline Company, LP. C–5 ...... CP20–1–000 ...... ANR Pipeline Company. C–6 ...... CP18–485–001 ...... Texas Eastern Transmission, LP and Transcontinental Gas Pipe Line Company, LLC. CP18–505–001 ...... Texas Eastern Transmission, LP. C–7 ...... CP17–495–000 ...... Jordan Cove Energy Project L.P. CP17–494–000 ...... Pacific Connector Gas Pipeline, LP.

Issued: March 12, 2020. DEPARTMENT OF ENERGY Protests will be considered by the Kimberly D. Bose, Commission in determining the Secretary. Federal Energy Regulatory appropriate action to be taken, but will Commission not serve to make protestants parties to A free webcast of this event is [Docket No. EL20–30–000] the proceeding. Any person wishing to available through http:// become a party must file a notice of ferc.capitolconnection.org/. Anyone Indiana Municipal Power Agency, City intervention or motion to intervene, as with internet access who desires to view of Lawrenceburg, Indiana v. PJM appropriate. The Respondents’ answer this event can do so by navigating to Interconnection, L.L.C., American and all interventions, or protests must www.ferc.gov’s Calendar of Events and Electric Power Service Corp., be filed on or before the comment date. locating this event in the Calendar. The Lawrenceburg Power, LLC; Notice of The Respondents’ answer, motions to event will contain a link to its webcast. Complaint intervene, and protests must be served The Capitol Connection provides Take notice that on March 9, 2020, on the Complainants’. technical support for the free webcasts. pursuant to section 306 of the Federal The Commission encourages It also offers access to this event via Power Act 16 U.S.C. 824e, and Rules electronic submission of protests and television in the DC area and via phone 206 and 207 of the Federal Energy interventions in lieu of paper using the bridge for a fee. If you have any Regulatory Commission’s (Commission) eFiling link at http://www.ferc.gov. questions, visit http:// Rules of Practice and Procedure, 18 CFR Persons unable to file electronically ferc.capitolconnection.org/ or contact 385.206 and 207, Indiana Municipal should submit an original and 5 copies Shirley Al-Jarani at 703–993–3104. Power Agency and the City of of the protest or intervention to the Immediately following the conclusion Lawrenceburg, Indiana (Complainants) filed a complaint against PJM Federal Energy Regulatory Commission, of the Commission Meeting, a press Interconnection, L.L.C., American 888 First Street NE, Washington, DC briefing will be held in the Commission Electric Power Service Corp., and 20426. Meeting Room. Members of the public Lawrenceburg Power, LLC This filing is accessible on-line at may view this briefing in the designated (Respondents). Complainants allege that http://www.ferc.gov, using the eLibrary overflow room. This statement is Respondents’ conduct violates the rate link and is available for electronic intended to notify the public that the regulatory structure of the Federal review in the Commission’s Public press briefings that follow Commission Power Act and state and local retail rate Reference Room in Washington, DC. meetings may now be viewed remotely authority, more fully explained in the There is an eSubscription link on the at Commission headquarters, but will complaint. website that enables subscribers to not be telecast through the Capitol The Complainants certifies that copies receive email notification when a Connection service. of the complaint were served on the document is added to a subscribed contacts for the Respondents as listed [FR Doc. 2020–05571 Filed 3–13–20; 11:15 am] docket(s). For assistance with any FERC on the Commission’s list of Corporate BILLING CODE 6717–01–P Online service, please email Officials. Any person desiring to intervene or to [email protected], or call protest this filing must file in (866) 208–3676 (toll free). For TTY, call accordance with Rules 211 and 214 of (202) 502–8659. the Commission’s Rules of Practice and Comment Date: 5:00 p.m. Eastern Procedure (18 CFR 385.211, 385.214). Time on March 30, 2020.

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Dated: March 10, 2020. that document on each person on the For assistance, contact FERC Online Kimberly D. Bose, official service list for the project. Support. A copy is also available for Secretary. Further, if an intervenor files comments inspection and reproduction at the [FR Doc. 2020–05393 Filed 3–16–20; 8:45 am] or documents with the Commission address in item h above. BILLING CODE 6717–01–P relating to the merits of an issue that n. You may also register online at may affect the responsibilities of a http://www.ferc.gov/docs-filing/ particular resource agency, they must esubscription.asp to be notified via DEPARTMENT OF ENERGY also serve a copy of the document on email of new filings and issuances that resource agency. related to this or other pending projects. Federal Energy Regulatory k. This application is not ready for For assistance, contact FERC Online Commission environmental analysis at this time. Support. l. The existing Coneross Project o. Scoping Process [Project No. 6731–015] consists of: (1) An existing 288-foot- Commission staff intend to prepare a Coneross Power Corporation; Notice long, 25-foot-high concrete dam with a single Environmental Assessment (EA) Soliciting Scoping Comments 123-foot-long, 20-foot-wide concrete for the Coneross Hydroelectric Project in spillway with 1.5-foot-high flashboards; accordance with the National Take notice that the following (2) an existing nine-acre reservoir Environmental Policy Act. The EA will hydroelectric application has been filed having a gross storage capacity of 13.5 consider both site-specific and with the Commission and is available acre-feet at elevation 746.5 feet mean cumulative environmental impacts and for public inspection. sea level; (3); a 780-foot-long, 8-foot in reasonable alternatives to the proposed a. Type of Application: Subsequent diameter concrete penstock with an 8- action. Minor License. foot-wide and 8-foot-high intake gate At this time, we do not anticipate b. Project No.: 6731–015. and a 25-foot-long, 19-foot-deep trash holding on-site public or agency scoping c. Date filed: February 28, 2019. rack structure with 2.0-inch clear bar meetings. Instead, we are soliciting your d. Applicant: Coneross Power spacing; (4) a powerhouse containing comments and suggestions on the Corporation. three generating units, two Kaplan preliminary list of issues and e. Name of Project: Coneross hydro turbines and one Francis hydro alternatives to be addressed in the EA, Hydroelectric Project. turbine for a total installed capacity of as described in scoping document 1 f. Location: The Coneross 889 kilowatts; (5) a 95-foot-long tailrace; (SD1), issued February 20, 2020. We are Hydroelectric Project is located on (6) a 1,300-foot-long bypassed reach extending the comment deadline set in Coneross Creek in Oconee County, between the dam and the tailrace; (7); an the February 20, 2020 SD1 to provide an South Carolina. The project does not existing 93-foot-long, 12.47-kilovolt additional 30 days from the date of this occupy Federal lands. transmission line; and (8) appurtenant notice to file comments. g. Filed Pursuant to: Federal Power facilities. The average annual generation Copies of the SD1 outlining the Act 16 U.S.C. 791 (a)–825(r). was 2,215,800 kilowatt-hours for the subject areas to be addressed in the EA h. Applicant Contact: Mr. Kevin period 2008 to 2017. were distributed to the parties on the Webb, Hydro Licensing Manager, Enel Coneross Power is operated in a Commission’s mailing list and the Green Power North America, Inc., 100 modified run-of-river mode using applicant’s distribution list. Copies of Brickstone Square, Suite 300, Andover, automatic pond level control of the SD1 may be viewed on the web at MA 01810, (978) 935–6039. turbine-generator units to minimize http://www.ferc.gov using the eLibrary i. FERC Contact: Jeanne Edwards, fluctuations of the impoundment link. Enter the docket number excluding (202) 502–6181, or jeanne.edwards@ surface elevation, and maintain the the last three digits in the docket ferc.gov. impoundment elevation within 6 inches number field to access the document. j. Deadline for filing scoping of the spillway flashboard crest from For assistance, call 1–866–208–3676 or comments: April 9, 2020. March 1 through June 30, and within 18 for TTY, (202) 502–8659. The Commission strongly encourages inches of the flashboard crest from July electronic filing. Please file scoping 1 through the end of February. The Dated: March 10, 2020. comments using the Commission’s project bypasses approximately 1,300 Kimberly D. Bose, eFiling system at http://www.ferc.gov/ feet of the Coneross Creek. A 36-cubic Secretary. docs-filing/efiling.asp. Commenters can feet per second (cfs) minimum flow is [FR Doc. 2020–05392 Filed 3–16–20; 8:45 am] submit brief comments up to 6,000 continuously released into the Coneross BILLING CODE 6717–01–P characters, without prior registration, Creek downstream of the project using the eComment system at http:// tailrace. In addition, a continuous www.ferc.gov/docs-filing/ minimum flow release of 35 cfs from DEPARTMENT OF ENERGY ecomment.asp. You must include your February 1 to May 31, and 25 cfs from name and contact information at the end June 1 to January 31, or inflow, Federal Energy Regulatory of your comments. For assistance, whichever is less, is released into the Commission please contact FERC Online Support at bypassed reach. The minimum bypassed Combined Notice of Filings #1 [email protected], (866) reach flow is provided through a sluice 208–3676 (toll free), or (202) 502–8659 gate in the west non-overflow section of Take notice that the Commission (TTY). In lieu of electronic filing, please the dam. received the following electric corporate send a paper copy to: Secretary, Federal m. A copy of the application is filings: Energy Regulatory Commission, 888 available for review at the Commission Docket Numbers: EC20–42–000. First Street, NE, Washington, DC 20426. in the Public Reference Room or may be Applicants: Griffith Energy LLC. The first page of any filing should viewed on the Commission’s website at Description: Supplement to February include docket number P–6731–015. http://www.ferc.gov using the eLibrary 28, 2020 Application for Authorization The Commission’s Rules of Practice link. Enter the docket number excluding Under Section 203 of the Federal Power require all intervenors filing documents the last three digits in the docket Act, et al. of Griffith Energy LLC. with the Commission to serve a copy of number field to access the document. Filed Date: 3/10/20.

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Accession Number: 20200310–5189. Description: § 205(d) Rate Filing: Accession Number: 20200311–5101. Comments Due: 5 p.m. ET 3/20/20. 2020–03–11_SA 3455 OTP-Tatanka Comments Due: 5 p.m. ET 4/1/20. Take notice that the Commission Ridge Wind FSA (J493) Astoria BSSB In The filings are accessible in the received the following electric rate & Out to be effective Commission’s eLibrary system by filings: 3/12/2020. clicking on the links or querying the Docket Numbers: ER19–2717–000. Filed Date: 3/11/20. docket number. Applicants: Madison ESS, LLC. Accession Number: 20200311–5073. Any person desiring to intervene or Description: Report Filing: Madison Comments Due: 5 p.m. ET 4/1/20. protest in any of the above proceedings ESS Supplemental Refund Report Filing Docket Numbers: ER20–1225–000. must file in accordance with Rules 211 to be effective N/A. Applicants: Midcontinent and 214 of the Commission’s Filed Date: 3/10/20. Independent System Operator, Inc., Regulations (18 CFR 385.211 and Accession Number: 20200310–5000. Otter Tail Power Company. 385.214) on or before 5:00 p.m. Eastern Comments Due: 5 p.m. ET 3/31/20. Description: § 205(d) Rate Filing: time on the specified comment date. Docket Numbers: ER20–793–001. 2020–03–11_SA 3456 OTP–OTP FSA Protests may be considered, but Applicants: American Transmission (J510) Astoria BSSB In & Out to be intervention is necessary to become a Systems, Incorporated, PJM effective 3/12/20.20. party to the proceeding. Interconnection, L.L.C. Filed Date: 3/11/20. eFiling is encouraged. More detailed Description: Tariff Amendment: ATSI Accession Number: 20200311–5074. information relating to filing submits Revised ECSAs, Service Comments Due: 5 p.m. ET 4/1/20. requirements, interventions, protests, Agreement No. 5390 and 5516 to be Docket Numbers: ER20–1226–000. service, and qualifying facilities filings effective 3/14/2020. Applicants: Midcontinent can be found at: http://www.ferc.gov/ Filed Date: 3/10/20. Independent System Operator, Inc., docs-filing/efiling/filing-req.pdf. For Accession Number: 20200310–5158. Otter Tail Power Company. other information, call (866) 208–3676 Comments Due: 5 p.m. ET 3/20/20. Description: § 205(d) Rate Filing: (toll free). For TTY, call (202) 502–8659. Docket Numbers: ER20–971–001. 2020–03–11_SA 3457 OTP-Tatanka Dated: March 11, 2020.. Applicants: Midcontinent Ridge Wind FSA (J493) Astoria Nathaniel J. Davis, Sr., Independent System Operator, Inc. Switching Station to be effective 3/12/ Deputy Secretary. Description: Tariff Amendment: 2020. 2020–03–10_SA 3421 MEC-Heartland [FR Doc. 2020–05469 Filed 3–16–20; 8:45 am] Filed Date: 3/11/20. BILLING CODE 6717–01–P Divide Wind II Substitute GIA (J583) to Accession Number: 20200311–5079. be effective 1/28/2020. Comments Due: 5 p.m. ET 4/1/20. Filed Date: 3/10/20. DEPARTMENT OF ENERGY Accession Number: 20200310–5134. Docket Numbers: ER20–1227–000. Comments Due: 5 p.m. ET 3/31/20. Applicants: Midcontinent Independent System Operator, Inc., Federal Energy Regulatory Docket Numbers: ER20–972–001. Otter Tail Power Company. Commission Applicants: Midcontinent Description: § 205(d) Rate Filing: Independent System Operator, Inc. [Docket No. CP20–37–000] 2020–03–11_SA 3458 OTP–OTP FSA Description: Tariff Amendment: (J510) Astoria Switching Station to be Texas Eastern Transmission, LP; 2020–03–11_SA 3422 ITC-Three Waters effective 3/12/2020. Notice of Schedule for Environmental Wind Farm Substitute GIA (J720) to be Filed Date: 3/11/20. Review of the Lilly Compressor Units effective 1/28/2020. Accession Number: 20200311–5082. Replacement Project Filed Date: 3/11/20. Comments Due: 5 p.m. ET 4/1/20. Accession Number: 20200311–5041. On January 10, 2020, Texas Eastern Comments Due: 5 p.m. ET 4/1/20. Docket Numbers: ER20–1228–000. Transmission, LP filed an application in Docket Numbers: ER20–991–001. Applicants: Duke Energy Progress, Docket No. CP20–37–000 requesting a Applicants: Midcontinent LLC., Duke Energy Carolinas, LLC. Certificate of Public Convenience and Independent System Operator, Inc. Description: § 205(d) Rate Filing: Necessity pursuant to Sections 7(c) of Description: Tariff Amendment: DEC–DEP NC Excess ADIT Credit to be the Natural Gas Act to construct and 2020–03–11_SA 1495 NSP-Walleye effective 1/1/2020. operate certain natural gas pipeline Wind Substitute 1st Rev GIA (G253 Filed Date: 3/11/20. facilities in Cambria County, J569) to be effective 1/29/2020. Accession Number: 20200311–5088. Pennsylvania. The proposed project is Filed Date: 3/11/20. Comments Due: 5 p.m. ET 4/1/20. known as the Lilly Compressor Unit Accession Number: 20200311–5090. Docket Numbers: ER20–1232–000. Replacement Project (Project) and Comments Due: 5 p.m. ET 4/1/20. Applicants: Louisville Gas and consists of Texas Eastern Transmission, Docket Numbers: ER20–1223–000. Electric Company. LP’s proposed replacement of four Applicants: PJM Interconnection, Description: Tariff Cancellation: EEI existing compressor units at the Lilly L.L.C. IA Notice of Termination to be effective Compressor Station with two new more Description: § 205(d) Rate Filing: 2/29/2020. efficient turbine units. Amendment to ISA, SA No. 5422; Filed Date: 3/11/20. On January 22, 2020, the Federal Queue No. AC1–158 to be effective Accession Number: 20200311–5098. Energy Regulatory Commission 6/14/2019. Comments Due: 5 p.m. ET 4/1/20. (Commission or FERC) issued its Notice Filed Date: 3/10/20. Docket Numbers: ER20–1233–000. of Application for the Project. Among Accession Number: 20200310–5151 Applicants: Kentucky Utilities other things, that notice alerted agencies Comments Due: 5 p.m. ET 3/31/20. Company. issuing federal authorizations of the Docket Numbers: ER20–1224–000. Description: Tariff Cancellation: KU requirement to complete all necessary Applicants: Midcontinent Concurrence EEI IA Notice of reviews and to reach a final decision on Independent System Operator, Inc., Termination to be effective 2/29/2020. a request for a federal authorization Otter Tail Power Company. Filed Date: 3/11/20. within 90 days of the date of issuance

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of the Commission staff’s Environmental eLibrary link, select General Search j. This application is not ready for Assessment (EA) for the Project. This from the eLibrary menu, enter the environmental analysis at this time. instant notice identifies the FERC staff’s selected date range and Docket Number k. The Ozark Beach Project consists of planned schedule for the completion of excluding the last three digits (i.e., the following existing facilities: (1) 2,200 the EA for the Project. CP20–37), and follow the instructions. acre Lake Taneycomo with a gross For assistance with access to eLibrary, Schedule for Environmental Review storage capacity of 22,000 acre-feet and the helpline can be reached at (866) a usable storage capacity of 6,500 acre- Issuance of EA June 5, 2020 208–3676, TTY (202) 502–8659, or at feet at a water surface elevation of 90-day Federal Authorization Decision [email protected]. The 701.35 feet National Geodetic Vertical Deadline September 3, 2020 eLibrary link on the FERC website also Datum of 1929; (2) a 1,273-foot-long, 53- If a schedule change becomes provides access to the texts of formal foot-high dam consisting of, from west necessary, additional notice will be documents issued by the Commission, to east: (a) A 420-foot-long earth fill provided so that the relevant agencies such as orders, notices, and rule embankment, (b) a 575-foot-long are kept informed of the Project’s makings. concrete overflow spillway topped with progress. Dated: March 11, 2020. 32 Obermeyer gates, (c) an 18-foot-long Project Description Kimberly D. Bose, concrete overflow spillway, (d) an Secretary. integral 210-foot-long reinforced The Lilly Compressor Units concrete powerhouse, and (e) a 50-foot- [FR Doc. 2020–05459 Filed 3–16–20; 8:45 am] Replacement Project would comprise long concrete non-overflow section; (3) replacing the four existing gas turbine BILLING CODE 6717–01–P a 210-foot-long, 80-foot-wide, 92-foot- units totaling 34,800 horsepower (hp) high reinforced concrete integral with two new, more efficient, 18,100 hp DEPARTMENT OF ENERGY powerhouse with an operating head of gas turbine units. Software controls 50 feet; (4) trash racks at the entrance to would be installed on the two new units Federal Energy Regulatory intakes; (5) four 7,250 horsepower to limit the total station hp to 34,800 hp, Commission vertical-shaft Francis-type turbines with keeping the delivery capacity at the a total capacity of 29,000 horsepower, [Project No. 2221–041] station the same. The Project also each couple to a 4.0 megawatt (MW) involves the construction of a new Empire District Electric Company; generator with a total capacity of 16.0 compressor building to house the two MW; (6) a 200-foot-long, 4,600-volt new compressor units. All facilities are Notice of Application Tendered for Filing With the Commission and overhead transmission line connected to located in Cambria County, a three phase 22,400-kilovolt ampere Pennsylvania. Establishing Procedural Schedule for Licensing and Deadline for 4,600 to 161,000-volt step-up Background Submission of Final Amendments transformer that connects to Empire On February 25, 2020, the District Electric Company’s 161,000-volt Take notice that the following Commission issued a Notice of Intent to transmission system; and (7) hydroelectric application has been filed Prepare an Environmental Assessment appurtenant facilities. with the Commission and is available for the Proposed Lilly Compressor Units The existing Ozark Beach Project is for public inspection. Replacement Project and Request for situated between two multipurpose a. Type of Application: New Major projects that are owned by the Corps. Comments on Environmental Issues License. (NOI). The NOI was sent to affected The Table Rock Project, which is b. Project No.: 2221–041. immediately upstream of the Ozark landowners; federal, state, and local c. Date Filed: February 28, 2020. Beach Project, is operated in a peaking government agencies; elected officials; d. Applicant: Empire District Electric mode based on regional demand environmental and public interest Company (Empire District). groups; Native American tribes; other e. Name of Project: Ozark Beach requirements. The Ozark Beach Project interested parties; and local libraries Hydroelectric Project (Ozark Beach discharges directly into the Bull Shoals and newspapers. In response to the NOI, Project). Project reservoir, which is immediately the Commission received no comments f. Location: The existing project is downstream. Using the storage in Lake to date. All substantive comments will located on the White River in Taney Taneycomo, the Ozark Beach Project is be addressed in the EA. County, Missouri. The project occupies operated based on various conditions 5.1 acres of United States lands including closely matching the releases Additional Information administered by the U.S. Army Corps of of the upstream Table Rock Project, In order to receive notification of the Engineers (Corps). market pricing, Lake Taneycomo water issuance of the EA and to keep track of g. Filed Pursuant to: Federal Power level, Bull Shoals water level and all formal issuances and submittals in Act, 16 U.S.C. 791 (a)–825(r). rainfall. The Ozark Beach Project has an specific dockets, the Commission offers h. Applicant Contact: Tim Wilson, estimated annual energy production of a free service called eSubscription. This Strategic Projects and Energy Supply, about 50,768 megawatt hours. Empire can reduce the amount of time you Empire District Electric Company, 602 District proposes to continue to operate spend researching proceedings by South Joplin Avenue, P.O. Box 127, using the storage in Lake Taneycomo. automatically providing you with Joplin, MO 64802, (913) 458–6437 or Empire District does not propose any notification of these filings, document [email protected]; and Randy new construction. summaries, and direct links to the Richardson, Plant Manager, Empire Empire District proposes to modify documents. Go to www.ferc.gov/docs- District Electric Company, 2537 Fir the project boundary by removing 6,021 filing/esubscription.asp. Road, Sarcoxie, MO 64862, (417) 625– acres from the existing area of 8,267 Additional information about the 6138 or RRichardson@ acres for a proposed project boundary of Project is available from the libertyutilities.com. 2,246 acres. Empire District’s proposal Commission’s Office of External Affairs i. FERC Contact: Colleen Corballis at would reduce the existing area of at (866) 208–FERC or on the FERC (202) 502–8598 or email at United States lands administered by the website (www.ferc.gov). Using the [email protected]. Corps from 5.1 acres to 0.64 acres.

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l. A copy of the application is Online Support at email of new filings and issuances available for review at the Commission [email protected], (866) related to this or other pending projects. in the Public Reference Room or may be 208–3676 (toll free), or (202) 502–8659 For assistance, contact FERC Online viewed on the Commission’s website at (TTY). A copy is also available for Support. http://www.ferc.gov using the eLibrary inspection and reproduction at the n. Procedural Schedule: The link. Enter the docket number excluding address in item (h) above. application will be processed according the last three digits in the docket m. You may also register online at to the following preliminary schedule. number field to access the document. http://www.ferc.gov/docs-filing/ Revisions to the schedule may be made For assistance, please contact FERC esubscription.asp to be notified via as appropriate.

Milestone Target date

Notice of Acceptance/Notice of Ready for Environmental Analysis ...... June 2020. Filing of recommendations, preliminary terms and conditions, and fishway prescriptions ...... October 2020. Commission issues Environmental Assessment (EA) ...... April 2021. Comments on EA ...... May 2021. Modified terms and conditions ...... July 2021.

o. Final amendments to the Pennsylvania Avenue NW, Washington, Chantilly, Virginia. Plateau/ERG and application must be filed with the DC 20460. SRA International, Inc. will assist the Commission no later than 30 days from FOR FURTHER INFORMATION CONTACT: Office of Enforcement and Compliance the issuance date of the notice of ready LaShan Haynes, Document Control Assurance, as well as EPA regional for environmental analysis. Officer, Office of Resource Conservation offices, in the electronic storage of Dated: March 10, 2020. and Recovery, (5305P), U.S. information gathered during inspections Kimberly D. Bose, Environmental Protection Agency, 1200 conducted under the authority of RCRA; Secretary. Pennsylvania Avenue NW, Washington, some of which may contain RCRA CBI. [FR Doc. 2020–05390 Filed 3–16–20; 8:45 am] DC 20460; 703–605–0516. The Plateau/ERG contract period is from BILLING CODE 6717–01–P SUPPLEMENTARY INFORMATION: April 30, 2019 to April 29, 2021. The Access to Confidential Business SRA International, Inc. contract period Information (CBI) is from March 29, 2017 to March 28, 2022. Plateau/ERG and SRA ENVIRONMENTAL PROTECTION The EPA has issued regulations at 40 AGENCY International, Inc. shall protect from CFR part 2, subpart B that outline unauthorized disclosure all information [FRL—10006–57–OLEM] business confidentiality provisions for designated as confidential and shall the Agency and require all EPA offices abide by all RCRA CBI requirements, Resource Conservation and Recovery that receive information designated by Act (RCRA); Contractor Access to the submitter as CBI to abide by these including procedures outlined in the Confidential Business Information provisions. Specifically, 40 CFR 2.305 RCRA CBI Security Manual. governs information obtained under the All EPA contractor and subcontractor AGENCY: Environmental Protection Solid Waste Disposal Act, as amended, personnel are bound by the Agency (EPA). including amendments made by the requirements and sanctions contained ACTION: Notice of Contractor/ Resource Conservation and Recovery in their contracts with EPA and in Subcontractor Access to Data and Act of 1976, as amended, 42 U.S.C. 6901 EPA’s CBI regulations found at 40 CFR Request for Comments. et seq. In accordance with the part 2, subpart B. Plateau/ERG will provisions of 40 CFR part 2, subpart B, SUMMARY: adhere to an EPA-approved security EPA intends to authorize its policies and procedures for handling contractors, Plateau, and their plan which describes procedures to information collected from industry, protect CBI. Plateau/ERG will apply the subcontractor, Eastern Research Group under the authority of RCRA, have been procedures in this plan to CBI (ERG) as well as SRA International, Inc. established, including the RCRA CBI previously gathered by EPA and to CBI to access Confidential Business Security Manual. Information (CBI) which has been Pursuant to 40 CFR 2.305(h)(2)-(3), that may be gathered in the future. The submitted to EPA under the authority of EPA is giving notice that it has entered security plan specifies that contractor all sections of the Resource into a contract with Plateau, Contract personnel are required to sign non- Conservation and Recovery Act (RCRA) GS–35F–0166V, entitled ‘‘Smart Mobile disclosure agreements and are briefed of 1976, as amended. EPA has issued Tools for Field Inspectors’’, located in on appropriate security procedures regulations that outline business Fairfax, Virginia. To assist in fulfilling before they are permitted access to CBI. confidentiality provisions for the this contract, Plateau has entered into a No person is automatically granted Agency and require all EPA offices that subcontract with the Eastern Research access to CBI: A need to know must receive information designated by the Group (ERG), located in Lexington, exist. submitter as CBI to abide by these Massachusetts. Additionally, SRA Dated: February 28, 2020. provisions. International, Inc. is the prime Kathleen Salyer, DATES: Comments on this notice are due contractor for the EPA Task Order March 27, 2020. Comments may be sent entitled ‘‘Infrastructure Support and Acting Office Director, Office of Resource to LaShan Haynes, Document Control Applications Hosting’’, Task Order No. Conservation and Recovery. Officer, Office of Resource Conservation GSQ0017AJ0037, which includes a [FR Doc. 2020–05514 Filed 3–16–20; 8:45 am] and Recovery, (5305P), U.S. work scope for the Smart Tools project. BILLING CODE 6560–50–P Environmental Protection Agency, 1200 SRA International, Inc. is located in

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ENVIRONMENTAL PROTECTION members of the public interested in the endangered under the ESA or destroy or AGENCY sale, distribution, or use of pesticides adversely modify the designated critical and/or the potential impacts of pesticide habitat of such species. The registration [EPA–HQ–OPP–2020–0090; FRL–10006–38] use on threatened or endangered (listed) review process of reevaluating a pesticide under the Federal Insecticide, Carbaryl and Methomyl Registration species and designated critical habitat. Fungicide, and Rodenticide Act (FIFRA) Review; Draft Endangered Species Act Since others also may be interested, the constitutes an EPA ‘‘action’’ under the Biological Evaluations; Notice of Agency has not attempted to describe all ESA. If EPA determines a pesticide may Availability the specific entities that may be affected by this action. If you have any questions affect a listed species or its designated AGENCY: Environmental Protection regarding the applicability of this action critical habitat, EPA must initiate Agency (EPA). to a particular entity, consult the person consultation with the U.S. Fish and ACTION: Notice. listed under FOR FURTHER INFORMATION Wildlife Service and/or the National CONTACT. Marine Fisheries Service (collectively SUMMARY: This notice announces the referred to as the Services), as B. What should I consider as I prepare availability of the Environmental appropriate. EPA initiates formal my comments for EPA? Protection Agency’s (EPA or the consultation with the Services through Agency) draft biological evaluations 1. Submitting CBI. Do not submit this the conduct and transmittal of a BE with (BEs) for the registration review of the information to EPA through its findings. pesticides carbaryl and methomyl and regulations.gov or email. Clearly mark B. Background opens a public comment period on these the part or all of the information that documents. you claim to be CBI. For CBI The Agency has completed information in a disk or CD–ROM that comprehensive, nationwide draft BEs DATES: Comments must be received on for all carbaryl and methomyl uses or before May 18, 2020. you mail to EPA, mark the outside of the disk or CD–ROM as CBI and then relative to the potential effects on listed ADDRESSES: Submit your comments, identify electronically within the disk or species and their designated critical identified by docket identification (ID) CD–ROM the specific information that habitats. The schedule for conducting number EPA–HQ–OPP–2020–0090, by is claimed as CBI. In addition to one the carbaryl and methomyl BEs was one of the following methods: complete version of the comment that negotiated as part of a partial settlement • Federal eRulemaking Portal: http:// includes information claimed as CBI, a agreement pursuant to a joint www.regulations.gov. Follow the online copy of the comment that does not stipulation filed on October 18, 2019 instructions for submitting comments. contain the information claimed as CBI and entered by the court on October 22, Do not submit electronically any must be submitted for inclusion in the 2019, in Center for Biological Diversity information you consider to be public docket. Information so marked et al. v. EPA et al. (N.D. Ca) (3:11–cv– Confidential Business Information (CBI) will not be disclosed except in 00293). or other information whose disclosure is In preparation for conducting the accordance with procedures set forth in restricted by statute. carbaryl and methomyl BEs and • 40 CFR part 2. Mail: OPP Docket, Environmental 2. Tips for preparing your comments. consistent with the objective to revise and refine the method used for the first Protection Agency Docket Center (EPA/ When preparing and submitting your three pilot BEs (final pilot BEs for DC), (28221T), 1200 Pennsylvania Ave. comments, see the commenting tips at chlorpyrifos, malathion, and diazinon NW, Washington, DC 20460–0001. http://www.epa.gov/dockets/ • were completed in January 2017), EPA Hand Delivery: To make special comments.html. proposed refinements to the BE process arrangements for hand delivery or 3. Environmental justice. EPA seeks to with its Draft Revised Method. EPA delivery of boxed information, please achieve environmental justice, the fair sought public comments on this Draft follow the instructions at http:// treatment and meaningful involvement from May to August 2019 (45-day public www.epa.gov/dockets/contacts.html. of any group, including minority and/or comment period, extended for an Additional instructions on low income populations, in the additional 45 days), held a public commenting or visiting the docket, development, implementation, and meeting on June 10, 2019, and along with more information about enforcement of environmental laws, conducted tribal outreach and formal dockets generally, is available at http:// regulations, and policies. To help tribal consultation from July to October www.epa.gov/dockets. address potential environmental justice 2019. The Services and the U.S. FOR FURTHER INFORMATION CONTACT: issues, the Agency seeks information on Department of Agriculture (USDA) Tracy Perry, Pesticide Re-Evaluation any groups or segments of the provided input on the Draft Revised Division (7508P), Office of Pesticide population who, as a result of their Method through an interagency Programs, Environmental Protection location, cultural practices, or other workgroup prior to public release of the Agency, 1200 Pennsylvania Ave. NW, factors, may have atypical or document for comment. EPA evaluated Washington, DC 20460–0001; telephone disproportionately high and adverse public input and met again with the number: (703) 308–0128; email address: human health impacts or environmental Services and USDA to discuss the [email protected]. effects from exposure to the pesticides comments from the public and input SUPPLEMENTARY INFORMATION: discussed in this document, compared from the agencies. to the general population. I. General Information After reviewing comments received II. What action is the Agency taking? during the public comment period on A. Does this action apply to me? the draft carbaryl and methomyl BEs, This action is directed to the public A. Authority EPA will issue final BEs and a response in general, and may be of interest to a The Endangered Species Act (ESA) to public comments document. If EPA wide range of stakeholders including requires federal agencies, such as EPA, determines that these pesticides may environmental, human health, farm to ensure that their actions are not likely affect listed species and/or their worker, and agricultural advocates; the to jeopardize the continued existence of designated critical habitats, EPA will chemical industry; pesticide users; and species listed as threatened or initiate consultation with the Services.

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Based on the BEs, the Services will then things, the application of the Agency’s determinations. The criteria used to develop Biological Opinions for carbaryl revised risk assessment methodologies characterize the strength of evidence are and methomyl. and assumptions to these draft BEs for described in Attachment 4–1 of the BEs. Along with the draft BEs, EPA is methomyl and carbaryl. In particular, EPA is seeking input on these strength- posting an updated Revised Method EPA is seeking comment regarding the of-evidence criteria. document in this BE docket, as a following specific aspects of the draft Third, a number of draft LAA supporting document. The updated BEs. determinations were made for Revised Method will also be posted in First, there are uncertainties in the methomyl and carbaryl based on the Draft Revised Method docket (see spatial footprint associated with the potential impacts on prey, pollination, docket ID number EPA–HQ–OPP–2019– non-agricultural uses (e.g., residential, habitat, or dispersal (PPHD) of a listed 0195 at www.regulations.gov), along forestry, rangeland) of carbaryl and species using endpoints identified in with a response to public comments there are limited data available to Table 3 of the Revised Method document. Some elements of the inform the extent of usage in any given document and chapter 2 of the BEs. Revised Method include: (1) area for these types of uses. EPA has There are uncertainties associated with Incorporation of usage data to inform previously requested input on the magnitude of impact to a particular the likelihood that an ESA-listed species availability of spatial data to define use species’ prey base or habitat for a given or designated critical habitat may be sites and on usage data for non- pesticide that could result in a exposed to a pesticide; (2) incorporation agricultural uses, including seeking discernible effect to that listed species. of probabilistic approaches to determine public comment on: The registration EPA requests public input regarding the likelihood that an ESA-listed species review plan for carbaryl in 2010; the properties of methomyl and carbaryl or will be adversely affected by a pesticide NMFS biological opinion on particular characteristics of listed given the variability in the range of chlorpyrifos, diazinon, and malathion in species or their habitats that affect the potential exposures and toxicological 2018; and the draft Revised Method for confidence in the link between responses to listed species; and (3) conducting national level endangered thresholds used to evaluate PPHD incorporation of a weight-of-evidence species risk assessments for pesticides effects and resulting potential effects to framework for informing effects in 2019. In light of these data limitations an individual of a listed species. determinations. and associated uncertainties, EPA is The file sizes of the draft BEs for seeking input on the evaluation of the carbaryl and methomyl exceed the C. Public Comments Sought likelihood of effects to an individual of docket system’s file size limitation, Pursuant to 40 CFR 155.53(c) and a listed species from the use of carbaryl therefore these documents are not consistent with the enhanced on non-agricultural use areas. posted to this BE docket. Instead, the stakeholder engagement practices (see Second, EPA has developed a BEs are posted on EPA’s endangered docket ID number EPA–HQ–OPP–2012– systematic process, using the best species web page (see web links 0442), EPA is providing an opportunity, available data, to determine if a provided in the Table below). through this notice of availability, for pesticide is likely to adversely affect an Commenters are instructed to post interested parties to provide comments individual of a listed species and, if so, comments on the BEs to this BE docket and input concerning the Agency’s draft then characterizes the strength of (EPA–HQ–OPP–2020–0090) in BEs for carbaryl and methomyl. Such evidence associated with likely to be www.regulations.gov, as indicated in the comments could address, among other adversely affected (LAA) Table below.

TABLE—PESTICIDE DOCKET ID NUMBERS FOR POSTING COMMENTS ON THE CARBARYL AND METHOMYL DRAFT BES AND LINKS TO THE DRAFT CARBARYL AND METHOMYL BES

Document Pesticide docket ID No. for public comments Links to the draft BEs

Carbaryl BE ...... EPA–HQ–OPP–2020–0090 ...... https://www.epa.gov/endangered-species/draft-biological-evaluation- chapters-carbaryl-esa-assessment. Methomyl BE ...... EPA–HQ–OPP–2020–0090 ...... https://www.epa.gov/endangered-species/draft-biological-evaluation- chapters-methomyl-esa-assessment.

1. Other related information. submitted data or information must Written material may be submitted in Additional information on endangered meet the following requirements: paper or electronic form. • species risk assessment and the NAS • To ensure that EPA will consider Submitters must clearly identify the report recommendations are available at data or information submitted, source of any submitted data or information. https://www.epa.gov/endangered- interested persons must submit the data • Submitters may request the Agency species/implementing-nas-report- or information during the comment recommendations-ecological-risk- to reconsider data or information that period. The Agency may, at its the Agency rejected in a previous assessment-endangered-and. discretion, consider data or information Information on the Agency’s registration review. However, submitters must submitted at a later date. explain why they believe the Agency review program and its implementing • The data or information submitted should reconsider the data or regulation is available at https:// must be presented in a legible and information in the pesticide’s www.epa.gov/pesticide-reevaluation. useable form. For example, an English registration review. 2. Information submission translation must accompany any As provided in 40 CFR 155.58, the requirements. Anyone may submit data material that is not in English and a registration review docket for each or information in response to this written transcript must accompany any pesticide case will remain publicly document. To be considered during a information submitted as an accessible through the duration of the pesticide’s registration review, the audiographic or videographic record. registration review process; that is, until

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all actions required in the final decision EXPORT-IMPORT BANK ADDRESSES: Send comments to Mr. on the registration review case have Leslie F. Smith, Privacy Manager, been completed. Sunshine Act Meeting Information Technology (IT), Room 1– C216, FCC, 445 12th Street SW, (Authority: 7 U.S.C. 136 et seq.) Notice of a Partially Open Meeting of Washington, DC 20554, or to the Board of Directors of the Export- Dated: March 11, 2020. [email protected]. Alexandra Dapolito Dunn, Import Bank of the United States. FOR FURTHER INFORMATION CONTACT: Mr. Assistant Administrator, Office of Chemical TIME AND DATE: Monday, March 30, 2020 Safety and Pollution Prevention. at 2:30 p.m. Leslie F. Smith, (202) 418–0217, or [email protected]. [FR Doc. 2020–05445 Filed 3–16–20; 8:45 am] PLACE: The meeting will be held at Ex- BILLING CODE 6560–50–P Im Bank in Room 1126, 811 Vermont SUPPLEMENTARY INFORMATION: The Avenue NW, Washington, DC 20571. Lifeline program provides support for STATUS: The meeting will be open to discounted broadband and voice public observation for Item No. 1 only. services to low-income consumers. EXPORT-IMPORT BANK Lifeline is administered by the MATTERS TO BE CONSIDERED: Item No. 1— Universal Service Administrative Small Business Update. Notice of Joint Open Meeting of the Company (USAC) under FCC direction. Advisory Committee of the Export- CONTACT PERSON FOR MORE INFORMATION: Consumers qualify for Lifeline through Import Bank of the United States Members of the public who wish to proof of income or participation in a (EXIM) and Sub-Saharan Africa attend the meeting should call Joyce qualifying program, such as Medicaid, Advisory Committee of the Export- Stone, Office of the General Counsel, the Supplemental Nutritional Import Bank of the United States 811 Vermont Avenue NW, Washington, Assistance Program (SNAP), Federal (EXIM); Correction DC 20571 (202) 565–3336 by close of Public Housing Assistance, business Wednesday, March 25, 2020. Supplemental Security Income (SSI), Time and Date: Wednesday, April 1, Joyce Brotemarkle Stone, Veterans and Survivors Pension Benefit, 2020 from 3:30–5:00 p.m. EST Assistant Corporate Secretary. or various Tribal-specific federal Place: Omni Shoreham Hotel, [FR Doc. 2020–05603 Filed 3–13–20; 11:15 am] assistance programs. In a Report and Order adopted on March 31, 2016, the Palladian Ballroom, 2500 Calvert St. BILLING CODE 6690–01–P NW, Washington, DC 20008 Commission ordered USAC to create a National Lifeline Eligibility Verifier Correction: THIS MEETING HAS (‘‘National Verifier’’), including the BEEN CANCELLED. FEDERAL COMMUNICATIONS National Lifeline Eligibility Database COMMISSION Agenda: Discussion of EXIM policies (LED), that would match data about and programs and comments for [FRS 16563] Lifeline applicants and subscribers with inclusion in EXIM’s Report to the U.S. other data sources to verify the Congress on Global Export Credit Privacy Act of 1974; Matching Program eligibility of an applicant or subscriber. Competition and policies and programs The Commission found that the designed to support the expansion of AGENCY: Federal Communications Commission. National Verifier would reduce financing support for U.S. manufactured compliance costs for Lifeline service goods and services in Sub-Saharan ACTION: Notice of a re-establishment of providers, improve service for Lifeline Africa. a computer matching program. subscribers, and reduce waste, fraud, Public Participation: The meeting will SUMMARY: In accordance with the and abuse in the program. The purpose be open to public participation, and Privacy Act of 1974, as amended of this particular program is to verify time will be allotted for oral questions (‘‘Privacy Act’’), this document Lifeline eligibility by establishing that or comments. Members of the public announces the re-establishment of a applicants or subscribers from Colorado, may also file written statement(s) before computer matching program the Federal Mississippi, New Mexico, and Utah are or after the meeting. If you plan to Communications Commission (‘‘FCC’’ enrolled in the SNAP or Medicaid attend, you may email external@ or ‘‘Commission’’ or ‘‘Agency’’) and the programs. exim.gov to be placed on an attendee Universal Service Administrative PARTICIPATING NON-FEDERAL AGENCIES: list. If any person wishes auxiliary aids, Company (USAC) will conduct with such as a sign language interpreter, or agencies from the States of Colorado, • Colorado Governor’s Office of other special accommodations, please Mississippi, New Mexico, and Utah. Information Technology; email [email protected] no later than The purpose of this matching program • Mississippi Department of Human 5:00 p.m. EST on Thursday, March 26, is to verify the eligibility of applicants Services; 2020. to and subscribers of the Universal • New Mexico Human Services Members of the Press: For members of Service Fund (USF) Lifeline program, Department; and the press planning to attend the meeting which is administered by USAC under • Utah Department of Workforce please email [email protected] to be the direction of the FCC. More Services. placed on the attendee list. information about this program is Further Information: For further provided in the SUPPLEMENTARY AUTHORITY FOR CONDUCTING THE MATCHING PROGRAM: information, contact the Office of INFORMATION section below. External Engagement at external@ DATES: Written comments are due on or 47 U.S.C. 254; 47 CFR 54.400 et seq.; exim.gov. before April 16, 2020. This computer Lifeline and Link Up Reform and matching program will commence on Modernization, et al., Third Report and Joyce Brotemarkle Stone, April 19, 2020, unless written Order, Further Report and Order, and Assistant Corporate Secretary. comments are received that require a Order on Reconsideration, 31 FCC Rcd [FR Doc. 2020–05480 Filed 3–16–20; 8:45 am] contrary determination, and will 3962, 4006–21, paras. 126–66 (2016) BILLING CODE 6690–01–P conclude on October 18, 2021. (2016 Lifeline Modernization Order).

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PURPOSE(S): Federal Communications Commission. Committee Act, renewed the charter for In the 2016 Lifeline Modernization Marlene Dortch, CSRIC VII for a period of two years Order, the FCC required USAC to Secretary. through March 14, 2021. The meeting develop and operate a National Lifeline [FR Doc. 2020–05547 Filed 3–16–20; 8:45 am] on March 17, 2020, will be the fourth Eligibility Verifier (National Verifier) to BILLING CODE 6712–01–P meeting of CSRIC VII under the current improve efficiency and reduce waste, charter. fraud, and abuse in the Lifeline The Commission will provide audio FEDERAL COMMUNICATIONS program. The stated purpose of the and/or video coverage of the meeting COMMISSION National Verifier is ‘‘to increase the over the internet from the FCC’s web integrity and improve the performance [FRS 16552] page at http://www.fcc.gov/live. The of the Lifeline program for the benefit of public may submit written comments a variety of Lifeline participants, Federal Advisory Committee Act; before the meeting to Suzon Cameron, including Lifeline providers, Communications Security, Reliability, CSRIC Designated Federal Officer, by subscribers, states, community-based and Interoperability Council email [email protected] or U.S. Postal organizations, USAC, and the Service Mail to Suzon Cameron, Senior Commission.’’ 31 FCC Rcd 3962, 4006, AGENCY: Federal Communications Attorney, Cybersecurity and para. 126. To help determine whether Commission. Communications Reliability Division, Lifeline applicants and subscribers are ACTION: Amendment to notice of public Public Safety and Homeland Security eligible for Lifeline benefits, the Order meeting contemplates that a USAC-operated Bureau, Federal Communications Lifeline Eligibility Database (LED) will SUMMARY: In accordance with the Commission, 445 12th Street SW, Room communicate with information systems Federal Advisory Committee Act, this 7–B458, Washington, DC 20554. Open and databases operated by other Federal notice advises interested persons that captioning will be provided for this and State agencies. Id. at 4011–2, paras. the Federal Communications event. Other reasonable 135–7. Commission’s (FCC or Commission) accommodations for people with Communications Security, Reliability, disabilities are available upon request. CATEGORIES OF INDIVIDUALS: and Interoperability Council (CSRIC) VII Requests for such accommodations will hold its fourth meeting via live The categories of individuals whose should be submitted via email to internet link. information is involved in this matching [email protected] or by calling the program include, but are not limited to, DATES: March 17, 2020. Consumer & Governmental Affairs those individuals (residing in a single ADDRESSES: The Meeting will be held Bureau at (202) 418–0530 (voice), (202) household) who have applied for via conference call and available to the 418–0432 (tty). Such requests should Lifeline benefits; are currently receiving public via WebEx at http://www.fcc.gov/ include a detailed description of the Lifeline benefits; are individuals who live. accommodation needed. In addition, please include a way the FCC can enable another individual in their FOR FURTHER INFORMATION CONTACT: household to qualify for Lifeline Suzon Cameron, Designated Federal contact you if it needs more benefits; are minors whose status Officer, (202) 418–1916 (voice) or information. Please allow at least five qualifies a parent or guardian for [email protected] (email); or, Kurian Jacob, days’ advance notice; last-minute Lifeline benefits; are individuals who Deputy Designated Federal Officer, requests will be accepted but may be have received Lifeline benefits; or are (202) 418–2040 (voice) or CSRIC@ impossible to fill. individuals acting on behalf of an fcc.gov (email). Good Cause for Late Notice: This eligible telecommunications carrier Amendment to Notice of public meeting (ETC) who have enrolled individuals in SUPPLEMENTARY INFORMATION: The notice is being published less than 15 days the Lifeline program. of this meeting was first published in the Federal Register on February 25, before the meeting date of March 17, CATEGORIES OF RECORDS: 2020. This amendment is to inform the 2020. There is good cause for this late public that the meeting will be held notice. Specifically, travel restrictions The categories of records involved in electronically only. affecting members of the CSRIC VII the matching program include, but are The meeting will be held on March related to the ongoing increase in not limited to, Lifeline applicant or 17, 2020, at 1:00 p.m. EDT and may be COVID–19 cases, have led the subscriber’s first or last name; date of viewed live, by the public, at http:// Commission to conclude that, in an birth; and last four digits of Social www.fcc.gov/live. Any questions that abundance of caution, an electronic Security Number. The National Verifier arise during the meeting should be sent meeting is appropriate. The Commission will transfer these data elements to one to [email protected] and will be answered has also announced this amendment to of the four state agencies, which will at a later date. The meeting is being respond either ‘‘yes’’ or ‘‘no’’ that the the public meeting by Public Notice moved to a wholly electronic format in posted on https://www.fcc.gov/about- individual is enrolled in a Lifeline- light of travel restrictions affecting qualifying assistance program. fcc/advisory-committees/ members of the CSRIC related to the communications-security-reliability- ongoing increase in coronavirus and-interoperability-council-vii. SYSTEM(S) OF RECORDS: (COVID–19) cases. The USAC records shared as part of The CSRIC is a Federal Advisory Federal Communications Commission. this matching program reside in the Committee that will provide Marlene Dortch, Lifeline system of records, FCC/WCB–1, recommendations to the FCC to improve Secretary. Lifeline Program, a notice of which the the security, reliability, and [FR Doc. 2020–05470 Filed 3–16–20; 8:45 am] FCC published at 82 FR 38686 (Aug. 15, interoperability of communications BILLING CODE 6712–01–P 2017) and became effective on systems. On March 15, 2019, the FCC, September 14, 2017. pursuant to the Federal Advisory

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FEDERAL DEPOSIT INSURANCE ADDRESSES: Interested parties are Affairs, Office of Management and CORPORATION invited to submit written comments to Budget, New Executive Office Building, the FDIC by any of the following Washington, DC 20503. [OMB No. 3064–0057; –0112; –0127; –0140; methods: –0175; –0198] • https://www.FDIC.gov/regulations/ FOR FURTHER INFORMATION CONTACT: Manny Cabeza, Regulatory Counsel, Agency Information Collection laws/federal. • 202–898–3767, [email protected], MB– Activities: Proposed Collection Email: [email protected]. Include 3128, Federal Deposit Insurance Renewal; Comment Request the name and number of the collection in the subject line of the message. Corporation, 550 17th Street NW, AGENCY: Federal Deposit Insurance • Mail: Manny Cabeza (202–898– Washington, DC 20429. Corporation (FDIC). 3767), Regulatory Counsel, MB–3128, SUPPLEMENTARY INFORMATION: ACTION: Notice and request for comment. Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, DC Proposal to renew the following SUMMARY: The FDIC, as part of its 20429. currently approved collections of obligations under the Paperwork • Hand Delivery: Comments may be information: Reduction Act of 1995 (PRA), invites the hand-delivered to the guard station at 1. Title: Quarterly Certified Statement general public and other Federal the rear of the 17th Street building agencies to take this opportunity to Invoice for Deposit Insurance (located on F Street), on business days Assessment. comment on the renewal of the existing between 7:00 a.m. and 5:00 p.m. information collections described below All comments should refer to the OMB Number: 3064–0057. (OMB Control No. 3064–0057; –0112; relevant OMB control number. A copy Affected Public: FDIC-insured –0127; –0140; –0175; –0198). of the comments may also be submitted depository institutions. DATES: Comments must be submitted on to the OMB desk officer for the FDIC: or before May 18, 2020. Office of Information and Regulatory Burden Estimate: SUMMARY OF ANNUAL BURDEN

Estimated Estimated Estimated Estimated frequency of time per annual Information collection description Type of burden Obligation to respond number of responses response burden respondents (minutes) (hours)

Certified Statement for Quarterly Deposit In- Reporting ...... Mandatory ...... 5,258 Quarterly ...... 20 6,941 surance Assessment (FDIC Form 6420/07).

Total Estimated Annual Burden: collects the quarterly assessment accurate and, in cases of inaccuracy, 6,941 hours. payments by means of direct debits submission of corrected data. General Description of Collection: The through the Automated Clearing House 2. Title: Real Estate Lending FDIC collects deposit insurance network. The information collection Standards. assessments on a quarterly basis. Each consists of the reporting requirement OMB Number: 3064–0112. quarterly assessment is based on an associated with certifying the review by Affected Public: Insured state insured depository institution’s officials of the insured institutions to nonmember banks and state savings quarterly report of condition for the confirm that the assessment data are associations. prior calendar quarter. The FDIC Burden Estimate: SUMMARY OF ANNUAL BURDEN

Estimated Estimated Estimated Estimated frequency of time per annual Information collection description Type of burden Obligation to respond number of responses response burden respondents (minutes) (hours)

Real Estate Lending Standards ...... Recordkeeping ...... Mandatory ...... 3,344 On Occasion ...... 20 1,115

Total Estimated Annual Burden: to-value ratio (LTV) limits that are clear regulation and the development of a 1,115 hours. and measurable; (c) loan administration system to report loans in excess of the General Description of Collection: policies; (d) documentation, approval guidelines to the board of directors. Section 1828(o) of the Federal Deposit and reporting requirements; and (e) a 3. Title: Fast-Track Generic Clearance Insurance Act requires each federal requirement for annual review and for the Collection of Qualitative approval by the board of directors. The banking agency to adopt uniform Feedback. regulations prescribing real estate rule also establishes supervisory LTV lending standards. Part 365 of the FDIC limits and other underwriting OMB Number: 3064–0127. Rules and Regulations, which considerations in the form of guidelines. Affected Public: General public implements section 1828(o), requires Since banks generally have written including FDIC insured depository institutions to have real estate lending policies on real estate lending, the institutions. policies that include (a) limits and additional burden imposed by this standards consistent with safe and regulation is limited to modifications to Burden Estimate: sound banking practices; (b) prudent existing policies necessary to bring underwriting standards, including loan- those policies into compliance with the

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SUMMARY OF ANNUAL BURDEN

Estimated Estimated Type of Obligation to Estimated Estimated time per annual Information collection description burden respond number of frequency of response burden respondents responses (minutes) (hours)

Occasional Qualitative Surveys ...... Reporting ...... Voluntary ...... 850 15 60 12,750

Total Estimated Annual Burden ...... 12,750

General Description of Collection: The The purpose of the surveys is, in its clients, to develop agendas for FDIC is requesting renewal of this general terms, to obtain anecdotal regulatory or statutory change, and in approved collection to use occasional information about regulatory burden, some cases simply to learn how qualitative surveys to gather information problems or successes in the bank particular policies or programs are from the public. While the subject and supervisory process (including both working, or are perceived in particular nature of the surveys to be deployed safety-and-soundness and consumer- cases. under this information collection are yet related exams), the perceived need for 4. Title: Insurance Sales Consumer to be determined, based on prior regulatory or statutory change, and Protection. experience it is expected that the similar concerns. The information in number of respondents will range from these surveys is anecdotal in nature, OMB Number: 3064–0140. a few to, at times several thousands, but, that is, samples are not necessarily Affected Public: Insured State in general, these surveys are expected to random, the results are not necessarily nonmember banks and savings involve an average of 850 respondents. representative of a larger class of associations that sell insurance Likewise, the time to respond to the potential respondents, and the goal is products; persons who sell insurance surveys can range from a few minutes to not to produce a statistically valid and products in or on behalf of insured State several hours. It is expected that the reliable database. Rather, the surveys are nonmember banks and savings average time to respond to a survey is expected to yield anecdotal information associations. approximately one hour. These surveys about the particular experiences and Type of Burden: Third-party are completely voluntary in nature. opinions of members of the public, disclosure. FDIC estimates that approximately 15 primarily staff at respondent banks or such surveys will be conducted in any bank customers. The information is Obligation to Respond: Mandatory. given year. used to improve the way FDIC relates to Burden Estimate: SUMMARY OF ANNUAL BURDEN

Estimated Estimated Type of Estimated Estimated frequency of time per annual Information collection description burden Obligation to respond number of response response burden respondents (hours) (hours)

Insurance Sales Consumer Protections ...... Third Party Mandatory ...... 1,774 On Occasion...... 5 8,870 Disclosure.

Total Estimated Annual Burden ...... 8,870

General Description of Collection: consumer; and (2) at the time of Affected Public: Insured state Respondents must prepare and provide application for the extension of credit (if nonmember banks and state savings certain disclosures to consumers (e.g., insurance products or annuities are associations. that insurance products and annuities sold, solicited, advertised, or offered in Obligation to Respond: Voluntary. are not FDIC-insured) and obtain connection with an extension of credit). consumer acknowledgments, at two 5. Title: Interagency Guidance on Burden Estimate: different times: (1) Before the Sound Incentive Compensation completion of the initial sale of an Practices. insurance product or annuity to a OMB Number: 3064–0175. SUMMARY OF ANNUAL BURDEN

Estimated Total annual Estimated Estimated time per estimated Type of burden number of number of response Frequency of response burden respondents responses (hours) (hours)

Document policies and procedures (Implementa- Recordkeeping ...... 1 1 40 Annual...... 40 tion). Annual maintenance of policies and procedures Recordkeeping ...... 2,164 1 2 Annual...... 4,328 (Ongoing).

Total Hourly Burden ...... 4,368

Methodology and Assumptions: by the FDIC was estimated to spend 40 its policies and procedures regarding Previously, each institution supervised hours per year maintaining a record of incentive based compensation.

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However, while an institution without that each year approximately 65 percent whose approval is necessary for the any such policies and procedures may of FDIC-supervised institutions will establishment or modification of take 40 hours to completely document spend approximately 2 hours each incentive compensation arrangements; them for the first time, after performing revising their records of their incentive (ii) create and maintain sufficient the initial documentation, unless an based compensation policies and documentation to permit an audit of the institution needs to revise its policies procedures. As of December 31, 2019, organization’s processes for incentive and procedures, there should be no the FDIC supervised 3,344 institutions. compensation arrangements; (iii) have further recordkeeping burden. FDIC is FDIC assumes that 2,164 (65%) of those any material exceptions or adjustments using one respondent as a placeholder institutions will revise their records of to the incentive compensation to represent any institution that adopt incentive based compensation policies arrangements established for senior incentive based compensation for the and procedures each year. executives approved and documented first time. The estimate of 40 hours General Description of Collection: by its board of directors; and (iv) have remains unchanged from the 2017 This Guidance helps promote that its board of directors receive and estimate. Supervisory experience shows incentive compensation policies at review, on an annual or more frequent that approximately 65% of large FDIC- insured state non-member banks do not basis, an assessment by management of supervised institutions revise their encourage excessive risk-taking and are the effectiveness of the design and incentive-based compensation policies consistent with the safety and operation of the organization’s incentive and procedures annually. FDIC soundness of the organization. Under compensation system in providing risk- estimates it takes approximately 2 hours this Guidance, banks are encouraged to: taking incentives that are consistent for an institution to update its record of (i) Have policies and procedures that with the organization’s safety and its policies and procedures related to identify and describe the role(s) of the soundness. incentive compensation. While a personnel and units authorized to be 6. Title: Generic Information majority of the institutions supervised involved in incentive compensation Collection for Qualitative Research. by the FDIC are small, and may not use arrangements, identify the source of OMB Number: 3064–0198. incentive based compensation, or may significant risk-related inputs, establish Affected Public: General public use incentive based compensation appropriate controls governing these including FDIC insured depository arrangements less complex than those inputs to help ensure their integrity, and institutions. used at large institutions, FDIC assumes identify the individual(s) and unit(s) Burden Estimate: SUMMARY OF ANNUAL BURDEN

Estimated Estimated Type of Obligation to Estimated Estimated time per annual Information collection description burden respond number of frequency of response burden respondents responses (minutes) (hours)

Occasional Qualitative Surveys ...... Reporting ...... Voluntary ...... 500 20 60 10,000

Total Estimated Annual Burden ...... 10,000

General Description of Collection: The Qualitative data would provide reliable database. Rather, the surveys are FDIC is requesting renewal of this complementary information on insights, expected to yield anecdotal information approved collection to use occasional opinions, and perceptions that will about the particular experiences and qualitative surveys to gather information inform how the FDIC approaches its opinions of members of the public, from the public to inform qualitative mission to safeguard financial stability primarily staff at respondent banks or research. While the subject and nature of the banking system and promote bank customers. The collection is non- of the surveys to be deployed under this consumer protection and economic controversial and does not raise issues information collection are yet to be inclusion. This clearance would allow of concern to other Federal agencies; determined, based on prior experience it the FDIC to engage with consumers and with the exception of information is expected that the number or other relevant stakeholders through needed to provide remuneration for respondents will range from a few to, at qualitative research methods such as participants of focus groups and times, several thousands, but, in focus groups, in-depth interviews, cognitive laboratory studies, personally general, these surveys are expected to cognitive testing, and/or qualitative identifiable information (PII) is involve an average of 500 respondents. virtual methods. collected only to the extent necessary Likewise, the time to respond to the The purpose of the surveys is, in and is not retained. surveys can range from a few minutes to general terms, to obtain anecdotal Participation in this information several hours, but, it is expected that the information about regulatory burden, collection will be voluntary and average time to respond to a survey is problems or successes in the bank conducted in-person, by phone, or using approximately one hour. These surveys supervisory process (including both other methods, such as virtual are completely voluntary in nature. safety-and-soundness and consumer- technology. The types of collections that FDIC estimates that approximately 20 related exams), the perceived need for this generic clearance covers include, such surveys will be conducted in any regulatory or statutory change, and but are not limited to: Small discussion given year. similar concerns. The information in groups; focus groups of consumers, Currently, the FDIC has a variety of these surveys is anecdotal in nature, financial industry professionals, or methods to collect quantitative that is, samples are not necessarily other stakeholders; cognitive laboratory information from consumers and random, the results are not necessarily studies, such as those used to refine institutions (e.g., Call Reports, FDIC representative of a larger class of questions or assess usability of a National Survey of Unbanked and potential respondents, and the goal is website; qualitative customer Underbanked Households, etc.). not to produce a statistically valid and satisfaction surveys (e.g., post-

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transaction surveys; opt-out web or Jay Schwarz, Special Counsel, (202) those matters for which an alternative, surveys); and in-person observation 452–2970, or Lucas E. Beirne, Counsel independent process of appeal exists, testing (e.g., website or software (202) 452–2933, Legal Division, for such as the imposition of a Prompt usability tests). matters relating to the functions of the Corrective Action directive or a cease Ombudsman. Telecommunications and desist order or other formal actions. Request for Comment Device for the Deaf (TDD) users may call As noted in the prior guidelines, Comments are invited on: (a) Whether (202) 263–4869. institutions were encouraged to express the collection of information is SUPPLEMENTARY INFORMATION: questions or concerns about supervisory necessary for the proper performance of determinations during the course of an the FDIC’s functions, including whether I. Background inspection or examination, consistent the information has practical utility; (b) In February 2018, the Board of with the longstanding Federal Reserve the accuracy of the estimates of the Governors of the Federal Reserve practice of resolving problems burden of the information collection, System (‘‘Board’’) invited public informally during the course of the including the validity of the comment on proposed amendments to inspection or examination process. methodology and assumptions used; (c) its intra-agency process for appeals of The Board’s prior Ombudsman policy ways to enhance the quality, utility, and material supervisory determinations and was adopted in August 1995. It clarity of the information to be to its policy regarding the Ombudsman specified the responsibilities of the collected; and (d) ways to minimize the of the Federal Reserve System (‘‘Federal Ombudsman, which include serving as burden of the collection of information Reserve’’).1 a point of contact for complaints on respondents, including through the regarding any Federal Reserve action, A. Prior Appeals Process and use of automated collection techniques referring complaints to the appropriate Ombudsman Policy or other forms of information person, and investigating and resolving technology. All comments will become The Board first established guidelines complaints of retaliation. a matter of public record. for an appeals process in March 1995, when, after providing the opportunity to B. Proposed Appeals Process and Federal Deposit Insurance Corporation. comment, the Board published final Ombudsman Policy Dated at Washington, DC, on March 12, guidelines to implement section 309 of The Board proposed to amend its 2020. the Riegle Community Development and appeals process for material supervisory Robert E. Feldman, Regulatory Improvement Act of 1994 determinations in several ways. Executive Secretary. (the ‘‘Riegle Act’’), 12 U.S.C. 4806. Specifically, the Board proposed to [FR Doc. 2020–05455 Filed 3–16–20; 8:45 am] Section 309 requires the Federal reduce the levels of appeal from three to BILLING CODE 6714–01–P banking agencies, including the Board, two and to enhance independent review to maintain an independent, intra- of the matter by providing that Federal agency appellate process for review of Reserve and Board staff not affiliated FEDERAL RESERVE SYSTEM material supervisory determinations. with the affected Reserve Bank review the matter at both appeal levels. The [Docket No. OP–1696] In general, the prior guidelines provided that all institutions that are Board proposed establishing specific Internal Appeals Process for Material subject to Federal Reserve oversight, standards of review to be applied in the Supervisory Determinations and Policy including bank holding companies, U.S. two levels of appeal. The panel that Statement Regarding the Ombudsman agencies and branches of foreign banks, reviews the initial appeal would be for the Federal Reserve System and Edge corporations, may appeal any required to approach the determination material supervisory determination.2 being appealed as if no determination AGENCY: Board of Governors of the Appeals were decided within a had previously been made by Federal Federal Reserve System. specified time frame by a review panel Reserve staff. The initial review panel ACTION: Final policy. selected by the Reserve Bank, in would consider a record that includes consultation with Board staff, that was any relevant materials submitted by the SUMMARY: The Board is revising its composed of persons who were not appealing institution and Federal internal appeals process for institutions employed by the Reserve Bank and had Reserve staff, and have the discretion to wishing to appeal an adverse material not participated in, or reported to the augment the record in appropriate supervisory determination and its persons who made the material circumstances. The final review panel policy regarding the Ombudsman for the supervisory determination under would consider whether the decision of Federal Reserve System. review. An institution was granted the the initial review panel is reasonable DATES: The amendments and policy are further right to appeal an adverse and supported by a preponderance of applicable on April 1, 2020. decision by the review panel first to the the evidence in the record, but would FOR FURTHER INFORMATION CONTACT: President of the Reserve Bank that made not seek to augment the record with Jason A. Gonzalez, Senior Special the material supervisory determination new information. To maximize Counsel, (202) 452–3275, Jay Schwarz, and ultimately to a member of the transparency, the decision of the final Special Counsel, (202) 452–2970, or Board. The prior guidelines also had review panel would be made public. Lucas E. Beirne, Counsel, (202) 452– safeguards to protect institutions that Finally, the Board proposed to establish 2933, Legal Division, Ryan Lordos, filed appeals from examiner retaliation. an accelerated process for appeals that Deputy Associate Director, (202) 452– The prior guidelines applied to any relate to or cause an institution to 2961, Division of Supervision & ‘‘material supervisory determination,’’ become critically undercapitalized Regulation, or Jeremy Hochberg, which included any material matter under the Prompt Corrective Action Managing Counsel, (202) 452–6496, or relating to the examination or (‘‘PCA’’) framework to better assure that Maureen Yap, Senior Counsel, (202) inspection process. The only matters a review of an adverse material 452–2642, Division of Consumer and excluded from this appeals process were supervisory determination occurs Community Affairs, for matters relating within the PCA time frame of 90 days. to the appeals process; and Margie 1 83 FR 8391 (Feb. 27, 2018). The Board also proposed changes to Shanks, Ombudsman, (202) 452–3584, 2 60 FR 16470 (Mar. 30, 1995). the Ombudsman policy. The proposed

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revisions would formalize many of the institution’s board of directors of their with other agencies. In these current practices of the Ombudsman, decision to file an appeal and keeps the circumstances, the Board will consider including receiving supervisory-related board informed of the status of the an appeal to the extent the material complaints and material supervisory appeal; supervisory determination was issued determination appeals. In addition, the • Permit an institution to request an by the Board, unless an independent proposed revisions would allow the extension of time to file an appeal in right of appeal has been established, Ombudsman to attend meetings or appropriate circumstances; and such as with respect to Shared National deliberations relating to an appeal as an • Clarify that, at an institution’s Credit program determinations. observer, if requested by the institution request, the initial review panel must Likewise, actions by the Board to refer or Federal Reserve staff. The proposed schedule a meeting with the institution. matters to other relevant government changes also would formalize the The final appeals process will apply agencies, such as a written notice of a Ombudsman’s role as the decision- to all material supervisory referral to the Attorney General maker with respect to claims of determination appeals initiated after the pursuant to the Equal Credit retaliation. effective date. Opportunity Act (‘‘ECOA’’) or a notice Additional details of the proposed Appeals Process of a referral to the Secretary of Housing process and policy are described further and Urban Development (‘‘HUD’’) for Since 1995, the Board has had the below in connection with the comments violations of the ECOA or the Fair opportunity to observe the operation of that relate to them. Housing Act are not appealable material the appeals guidelines over a significant supervisory determinations because II. Overview of Changes to the Proposal period of time and receive feedback they are referrals of information upon from supervised institutions. Based on General Summary of Comments which another agency may make a that experience and feedback, the Board determination. In addition, the Board is The Board received five comment proposed to amend its appellate process clarifying that it only issues material letters regarding the proposal from in several ways. In particular, the supervisory determinations in writing. industry trade associations and a law proposal was designed to improve and firm. While commenters generally expedite the appeals process, Who Must Approve an Appeal expressed support for the proposed particularly for institutions that are in The proposal maintained the amendments, most commenters troubled condition. In doing so, the requirement in the Board’s current recommended revisions to the proposed proposal attempted to strike an appeals process that the decision to amendments. Among the suggestions equitable balance among bring an appeal must be made by an made by the commenters are that the accommodating the interests of the institution’s board of directors. One proposal be revised to: institutions the Federal Reserve commenter suggested that the Board • Clarify that Matters Requiring supervises in a substantive review of should permit senior management to Attention (‘‘MRAs’’) and Matters material supervisory determinations, the bring an appeal because the decision to Requiring Immediate Attention institutions’ due process rights, the pursue an appeal falls within (‘‘MRIAs’’) are appealable material institutions’ interest in achieving a swift management’s role of conducting the supervisory determinations; resolution of any material supervisory day-to-day operations of the institution, • Permit an institution’s senior determination in dispute, and the and it would be appropriate for management to decide whether to interests of both an appealing institution management to keep the institution’s appeal a material supervisory and the Federal Reserve in the efficient board of directors apprised of any such determination instead of requiring the use of limited resources. In addition, the decision, consistent with the board of board of directors to approve filing an proposal was intended to lay out a more directors’ oversight role. The Board has appeal; explicit process that will allow more revised the appeals process to adopt this • Permit extensions of the time to file uniform application than has occurred suggestion because it is consistent with an appeal of a material supervisory under the existing guidelines. an efficient and timely appeals process determination; and reflects a reasonable balance of • Permit an institution to meet with Definition of Material Supervisory responsibilities between senior the review panels when the institution Determination management and the institution’s board makes the request in a timely manner; The proposal included a detailed of directors. To reflect the significance, • Articulate a clear and unequivocal description of what constitutes a however, of the decision to bring an de novo standard of review; material supervisory determination in appeal, the process imposes an • Empower the Ombudsman to act as order to promote a better understanding obligation on senior management to the decision-maker in the appeals of whether a supervisory determination inform the institution’s board of process; and is material. directors of the decision, and to keep • Empower the Ombudsman to Commenters suggested that the the board of directors informed of the decide whether an examiner should be proposal be clarified with respect to status of the appeal. excluded from future examinations for what qualifies as a material supervisory substantiated claims of retaliation. determination. In particular, Timing of Appeals and Levels of Review In response to the comments, the commenters indicated that MRAs and The Board’s current appeals process Board has revised the final appeals MRIAs should be specifically listed as was designed with three levels of appeal process in a number of significant ways. appealable material supervisory in an attempt to ensure objectivity in the In particular, as discussed below, the determinations. That Board agrees that appeals process. However, experience Board has modified the proposal to: MRAs and MRIAs are material by has shown that objectivity can be • Clarify that MRAs and MRIAs are definition and the final appeals process ensured with a more streamlined and appealable material supervisory has been modified to clarify that they efficient process. With these goals in determinations; will all be appealable as material mind, the proposal reduced the levels of • Permit an institution’s senior supervisory determinations. The Board appeal from three to two and enhanced management to file an appeal, provided recognizes, however, that some independent review of the matter by that management informs the examination findings are issued jointly providing that Federal Reserve and

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Board experts not affiliated with the the discretion of the appropriate Board employee to aid evaluation of the affected Reserve Bank review the matter division director in consultation with appropriateness of the material at both appeals levels. the Board’s General Counsel or his supervisory determination. Accordingly, In addition to removing one level of designee. Relatedly, there may also be the final appeals process has been appeal, the proposal addresses a timing situations where, given the facts, revised to allow the division director, in conflict between the PCA framework circumstances, or complexity of an appropriate circumstances, to appoint a under section 38 of the Federal Deposit appeal, the final review panel may need Board employee as one of the three Insurance Act and the Board’s existing additional time to consider the matter. members of the initial review panel. appeals process.3 The PCA framework The final guidelines have been Meetings With Appeals Panels requires that, no later than 90 days after modified, therefore, to permit the final an insured depository institution review panel to grant itself an extension The proposal provided that the initial becomes critically undercapitalized, the in appropriate circumstances. review panel and the final review panel appropriate Federal banking agency One commenter further suggested that could choose to meet with the appealing must either appoint a receiver for the the proposal be clarified to include institution. One commenter suggested institution or take such other action that more detail regarding how deadlines are that the institution be permitted to meet the agency determines, with the calculated. The final appeals process with each review panel in all instances concurrence of the Federal Deposit has been revised to clarify that days in which an institution timely requests Insurance Corporation (‘‘FDIC’’), would mean calendar days, and that when a such a meeting. The final appeals better achieve the purposes of PCA.4 deadline falls on a weekend or federal process has been revised to provide that Although the banking agency’s decision holiday, the deadline moves to the the initial review panel must schedule to appoint a receiver for a critically following business day. a meeting with the institution if undercapitalized institution is not requested by the institution. The initial Contents of Appeal, Record, and Scope appealable under the Riegle Act, some review panel should consult with the material supervisory determinations The proposal provided that prior to a institution with respect to the selection (such as reclassifications of loans) may material supervisory determination of the time and date of the meeting; cause an institution to become critically being made, it is expected that the however, the final decision of a time undercapitalized and, unless reversed, institution will have provided all and date for the informal meeting result in receivership. available information it believes to be remains at the discretion of the initial The proposal described an accelerated relevant to the examination staff to review panel. Even if the institution process for appeals that relate to or assist them in making the does not request a meeting with the cause an institution to become critically determination. That is, generally, the initial review panel, the panel retains undercapitalized under the PCA initial review panel should be able to the discretion to schedule such a framework in order to better assure that reach its decision based on the facts and meeting. Given the more circumscribed a review of such an adverse material data developed during the examination review conducted by the final review supervisory determination occurs process. To clarify this point, the final panel and the tighter deadlines for within the PCA time frame of 90 days. appeals process has been revised to state issuing the decision, whether an The goal of this accelerated process is to that, absent good cause, as determined informal meeting with the institution provide a thorough, adequate, and in the discretion of the initial review should occur is left to the discretion of independent review of the material panel, any facts or data submitted by the the final review panel. supervisory determination that places institution in connection with the Standard of Review the institution at risk of receivership. appeal will be limited to those which Notwithstanding the proposal’s were made available to examination The proposal described specific timeline, situations may arise that staff prior to the date on which the standards of review to be applied at would prevent an appeal from being written material supervisory each level of appeal. The panel that completed before the PCA framework determination was delivered to the reviews the initial appeal would make requires a receivership to be imposed. In institution. However, as noted in the its own supervisory determination and these situations, the existence of an proposal, the initial review panel may, not defer to the judgment of the Reserve outstanding appeal would not prevent in its discretion, conduct additional Bank staff that made the material the Board from meeting its statutorily fact-finding. supervisory determination. Under this mandated obligation under the PCA One commenter suggested that the standard, the panel would have the framework to appoint a receiver, in final review panel be permitted to discretion to rely on examination which case an appeal would become review evidence that was not available workpapers and other materials moot. at the time of the initial review panel’s developed by Federal Reserve staff One commenter suggested that an consideration of the appeal. Given the during an examination or materials institution be permitted to seek a 30-day final review panel’s more circumscribed submitted by the institution if it extension of the time to file an initial and deferential review, the final review determines it is reasonable to do so. In appeal or a final appeal. Given that the panel will be confined to the record addition, the standard was clarified to appeals process is intended to be before it. Accordingly, the institution reflect that the support provided by the efficient and provide a swift resolution should take all necessary steps to insure record is to be evaluated for a of disputes, in most circumstances that all relevant information has been preponderance of the evidence. As extensions will not be warranted. presented to the initial review panel in noted by a few commenters, this Nevertheless, the final appeals process a timely manner. approach may be considered a de novo has been revised to permit an institution standard of review. Initial Review Panel to seek reasonable extensions of time to The proposal provided that the final file the initial appeal or the final appeal The proposal provided that the initial review panel will consider whether the for good cause, which may be granted in review panel be composed of three decision of the initial review panel is Reserve Bank employees. For certain reasonable. One commenter suggested 3 12 U.S.C. 1831o. matters, however, the panel may benefit that the final review panel standard of 4 See 12 U.S.C. 1831o. from the specialized expertise of a review should be de novo. The role of

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the final review panel in the proposal is determine what types of redactions are against that institution. The to serve a role analogous to that of an appropriate or if a summary should be Ombudsman’s role is to investigate appeals court that corrects errors in the published instead. Several commenters claims of retaliation, and to make decision made by the initial review requested that a centralized location on factual findings. The Ombudsman may panel. Accordingly, a de novo standard the Board’s website be dedicated to also recommend to the appropriate is not appropriate given the panel’s published decisions. The published division director(s) that the next function. decisions will be made available on the examination of the institution that may Board’s public website in a findable, lead to a material supervisory Notice of Decision searchable manner. One commenter determination exclude personnel One commenter suggested that the further suggested that redacted initial involved in the claim of retaliation. appealing institution be provided the review panel decisions also be However, the ultimate responsibility for record on appeal from the initial review published. The majority of initial review the assignment of examiners correctly panel. In many instances, the record panel members are not Board staff or rests with the appropriate division will include the voluminous and policymakers, and accordingly, their director at the Board. confidential examination work papers, decisions should not be available for Other Issues the majority of which are not pertinent citation or precedent. to the determination being appealed and In addition to the comments received not appropriate for dissemination to the Ombudsman Policy regarding the appeals process and appealing institution. The final appeals The Board finalized a revised Ombudsman policy, the Board also process has been revised to require that Ombudsman policy in conjunction with received several comments unrelated to the initial review panel be precise in finalizing the changes to the appeals either proposal. First, one commenter identifying the information upon which process. Currently, the Ombudsman suggested that the Board examine why it relied in reaching its conclusion, and receives complaints related to the the internal appeals process has that it promptly provide such Federal Reserve’s supervisory process, historically not been used by Board information to the institution upon the which may include an appeal request. regulated institutions. One of the institution’s request to the extent The revisions to the policy formalize the Board’s goals in putting revisions to the permitted by law. Ombudsman’s role with respect to appeals process out for public comment appeals and provide that the was to identify changes that would Final Decisionmaker Ombudsman may attend meetings or make the process more useful and The proposal provided that if the deliberations relating to the appeal as an approachable for institutions. The Board appealing institution continues to have observer, if requested by the institution encourages institutions to make use of concerns regarding the material or Federal Reserve personnel. In the revised process. supervisory determination following the addition, the revisions formalize the Next, a commenter suggested that the initial review panel’s decision, the Ombudsman’s role as the decisionmaker Board suspend the supervisory appealing institution may request a with respect to claims of retaliation. The framework over insurance savings and subsequent final review conducted by a revisions also emphasize the loan holding companies pending a review panel composed primarily of Ombudsman’s availability to facilitate complete review of how best to Board staff. One commenter suggested the informal resolution of concerns that supervise such institutions. This that the final decision should rest with could ultimately lead to formal appeals comment is outside the scope of the the Ombudsman or a Governor. The and provide for tracking of complaints appeals process and Ombudsman policy revised policy, however, relies on the made by regulated institutions. Finally, and will not be addressed here. decisionmakers having specialized the Board has updated the policy with Relatedly, a commenter asked that the subject matter expertise. Moreover, the respect to the Ombudsman’s role in Board provide institutions with regular policy permits either the institution or consumer complaint appeals. The interim updates by on-site examiners Federal Reserve personnel to request revisions add detail regarding the and provide drafts of ratings that the Ombudsman observe the consumer complaint appeal process and determinations before formally issuing appeals process. align current practices with the policy. ratings letters. These comments are also In particular, the policy now explains Publication of Decisions outside the scope of the appeals process with whom a consumer may file an and Ombudsman policy; however, the In order to maximize transparency, appeal, who reviews appeals, and how Board believes that on-site examiners the proposal provided that the decision the Ombudsman collaborates with other ordinarily engage in updates and of a final review panel would be made Board staff on certain appeals. communications throughout the course public with appropriate redactions. One commenter suggested that the of the examination. Several commenters asked that any Board should articulate procedures for information that could potentially educating examiners about the types of Process for Appeals of Material reveal the identity of the appealing actions that would constitute retaliation Supervisory Determinations institution be redacted from published and the penalties that would result for The Board is committed to decisions and summaries of decisions. retaliation. This comment is well taken, maintaining an independent, intra- Redaction of identifying information but the Ombudsman policy is not the agency process to review appeals of will generally be appropriate, appropriate place for it to be addressed. material supervisory determinations particularly when disclosure would The Board expects to take this comment that complies with section 309 of the cause harm to the institution. Moreover, into consideration as it develops Riegle Community Development and where redaction would be inadequate to training materials for its examiners. Regulatory Improvement Act of 1994, 12 ensure the confidentiality of the Similarly, a commenter suggested that U.S.C. 4806. appealing institution, the proposal the Ombudsman should be empowered The purpose of this document is to provided the Board the discretion to to decide whether an examiner should establish a comprehensive appellate publish a summary of the decision be excluded from future examinations of process for material supervisory instead. The final appeals process the institution where a finding has been determinations. In order to ensure that retains discretion for the Board to made that the examiner retaliated institutions will be granted the same

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appellant rights regardless of the B. General Procedures for Appealing a discretion of the initial review panel, Federal Reserve district in which they Material Supervisory Determination any facts or data submitted by the reside, appeals will be administered In general, the appeals process is an institution in connection with the using procedures that are consistent informal process that is not subject to appeal shall be limited to those that with this process. This process includes the adjudicative provisions of the were made available to examination an accelerated review process to Administrative Procedures Act (5 U.S.C. staff prior to the date on which the improve its alignment with the Prompt 554, 556–557). An appeal of a material written material supervisory Corrective Action (‘‘PCA’’) framework supervisory determination shall be filed determination was delivered to the under section 38 of the Federal Deposit and considered pursuant to the institution. (3) Distribution of Appeal. After Insurance Act (‘‘FDI Act’’.) following procedures: receipt of a request for an appeal, the A. In General (1) Authorization to File. Any appeal must be approved by the board of Board’s Ombudsman shall promptly Any institution about which the notify the director of the appropriate directors of the eligible institution or by Federal Reserve makes a written division of the Board and the Board’s its senior management in consultation material supervisory determination is General Counsel of the appeal. eligible to utilize the appeals process. with its board of directors. Senior (4) Initial Review Panel. Within ten An eligible institution includes a state management is defined as the core calendar days of receipt of a timely member bank, bank holding company group of individuals directly appeal, the director of the appropriate and its nonbank subsidiaries, U.S. accountable to the board of directors for division of the Board or an officer agency or branch of a foreign bank, Edge the sound and prudent day-to-day designated by the appropriate division and agreement corporation, savings and management of the firm, or in the case director must appoint three Reserve loan holding company, third party of a U.S. agency or branch of a foreign Bank employees to serve as an initial electronic data processing servicer, bank, responsible for the bank’s U.S. review panel to consider the appeal and systemically important nonbanking operations. Senior management shall an attorney to advise the initial review financial organization identified by the inform the board of directors of the panel in the exercise of its Financial Stability Oversight Council, substance of the appeal before filing the responsibilities. In appropriate and any other entity examined or appeal and shall keep the board of circumstances, the appropriate division inspected by the Federal Reserve. directors informed of the status of the director may appoint a Board employee An appeal under this process may be appeal. as one of the three members of the made of any written material (2) Timelines and Contents. The initial review panel. The members of the supervisory determination. A ‘‘material institution must file the appeal in initial review panel and the appointed supervisory determination’’ includes, writing with the Board’s Ombudsman attorney must not have been but is not limited to, any material within 30 calendar days of the earlier of substantively involved in any matter at determination relating to examination or the date the material supervisory issue; must not directly or indirectly inspection composite ratings, material determination was sent electronically, report to any person(s) who made the examination or inspection component the date the institution received the material supervisory determination ratings, the adequacy of loan loss written determination, or the date the under review; must not be employed by reserves and/or capital, significant loan Reserve Bank received confirmation that the Reserve Bank that made the material classification, accounting interpretation, the institution received the supervisory determination under Matters Requiring Attention (‘‘MRAs’’), determination, with a copy to the officer review; and must have relevant Matters Requiring Immediate Attention in charge of supervision at the experience to contribute to the review of (‘‘MRIAs’’), Community Reinvestment appropriate Reserve Bank. When the the material supervisory determination. Act ratings (including component deadline for filing an appeal falls on a An individual shall be considered to ratings), and consumer compliance weekend or federal holiday, the have been substantively involved in a ratings. The term does not include any deadline for the appeal shall be the next material supervisory determination if supervisory determination for which an business day. The institution may file a the individual was personally consulted independent right of appeal exists or a written request for an extension of the regarding the issue being determined referral to another government agency. time to file an appeal with the and provided guidance regarding how it Excluded actions include, for example, Ombudsman, which request shall state should be resolved. The initial review PCA directives issued pursuant to good cause for granting the extension. panel shall determine all procedural section 38 of the FDI Act; an action to Such request shall be granted in the sole issues regarding the initial review. impose administrative enforcement discretion of the director of the (5) Initial Review Meeting. The initial actions under the FDI Act, the Home appropriate division of the Board in review panel shall conduct an informal Owners’ Loan Act of 1933, the Dodd- consultation with the Board’s General appeal meeting if the institution Frank Wall Street Reform and Consumer Counsel or his designee. The appeal requests such a meeting at the time it Protection Act, the Bank Holding must include a clear and complete files its appeal or if the panel, in its Company Act of 1956 (‘‘BHC Act’’) or statement of all relevant facts and discretion, decides to hold such a other applicable act; a capital directive; issues, as well as all arguments that the meeting. If such a meeting is to be an order related to approval or denial of institution wishes to present, and must conducted, the panel should, in a transaction issued pursuant to section include all relevant and material consultation with the institution, 3 or 4 of the BHC Act; written notice of documents that the institution wishes to schedule a meeting for a date that is no a referral to the Attorney General be considered. Prior to a material later than 21 calendar days after the date pursuant to the Equal Credit supervisory determination being made, the appeal is received. The panel shall Opportunity Act (‘‘ECOA’’) or a notice it is expected that the institution will notify the institution in writing of the to the Secretary of Housing and Urban have provided all available information date, time, and place of the meeting. Development for violations of the ECOA it believes to be relevant to the The institution may appear at the appeal or the Fair Housing Act; and examination staff to assist them in meeting personally or through counsel determinations made under the Shared making the determination. Accordingly, to make an oral presentation to the National Credit Program. absent good cause, as determined in the panel. Panel members may ask

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questions of any person participating in shall provide written notice of its directors of the substance of the appeal the meeting. The institution and the decision to the senior management and before filing the appeal and shall keep Reserve Bank may not cross-examine the board of directors of the institution. the board of directors informed of the persons participating in the meeting. A A copy of the decision will be provided status of the appeal. The request for verbatim transcript of the meeting may to the director of the appropriate final review must state all the reasons, be taken if the institution requests a division of the Board, the officer in legal and factual, the institution transcript and agrees to pay all charge of supervision at the appropriate disagrees with the initial review panel’s expenses, and if the initial review panel Reserve Bank, and the Board’s decision. The institution may file a determines that a transcript would assist Ombudsman. The notice of decision written request for an extension of the the panel in carrying out its shall contain a statement of the basis for time to file an appeal with the responsibilities. The meeting provided the initial review panel’s decision to Ombudsman, which request shall state under this process is not governed by continue, terminate, or otherwise good cause for granting the extension. formal rules of evidence. No formal modify the material supervisory The decision to grant such a request discovery is required or permitted. The determination(s) at issue or to remand shall be in the sole discretion of the initial review panel may make any consideration of the material director of the appropriate division of rulings reasonably necessary to facilitate supervisory determination at issue to the Board in consultation with the the effective and efficient operation of the examiners that made the Board’s General Counsel or his the meeting. determination to allow them to consider designee. (6) Record. The record of the appeal additional evidence presented in (11) Waiver of Final Review. Failure shall at a minimum include the original connection with the appeal. The notice to timely request final review in a material supervisory determination of decision shall identify the manner consistent with this process being appealed, the materials submitted information upon which the panel shall constitute a waiver of the by the institution in connection with the relied in reaching its conclusion, and opportunity for final review, and the appeal, and the materials identified by the panel shall promptly provide that decision of the initial review panel shall Federal Reserve staff as relevant to the information to the institution upon the constitute a final and unappealable material supervisory determination institution’s request to the extent material supervisory determination. being appealed, including workpapers. permitted by law. Such request must be (12) Distribution of Final Review In addition, the initial review panel made within seven calendar days of Request. After receipt of a request for may, in its discretion, conduct receipt of the notice of decision. The final review, the Board’s Ombudsman additional fact finding. For example, the notice of decision shall also indicate shall promptly notify the director of the initial review panel may supplement the that the institution may request a final appropriate division of the Board and record by soliciting the views of outside review as set forth in this subpart by the Board’s General Counsel of the parties, including staff from the Board, filing a written request with the Board’s request for final review. the Reserve Banks, other supervisory Ombudsman. The initial review panel (13) Final Review Panel. When an agencies (for example, in cases of joint may extend the period for issuing a institution files a request for final examinations or inspections), and the decision by up to 30 calendar days if the review, the director of the appropriate Federal Reserve staff who participated panel determines that the record is division of the Board shall promptly in making the material supervisory incomplete and additional fact-finding appoint three individuals to serve as a determination being appealed. The is necessary for the panel to issue a final review panel to permit completion entire record of the appeal, including decision. of the appeal within the applicable the decision of the initial review panel (9) Use of Confidential Supervisory period. The final review panel shall and any meeting transcripts or Information. If the Reserve Bank or the include at least two Board employees, at material(s) submitted in connection Board has confidential supervisory least one of whom must be an officer of with any subsequent final review, shall information from another regulated the Board at the level of associate be considered confidential supervisory institution that is pertinent to the director or higher. The Board’s General information of the Board. appeal, they may elect to use that Counsel shall appoint an attorney to (7) Standard of Review Applied by information, provided that the advise the final review panel in the Initial Review Panel. The initial review information is entered into the record exercise of its responsibilities. The panel shall conduct a review of the for the appeal and provided to the members of the final review panel and material supervisory determination on appealing institution, subject to the appointed attorney must not be appeal. The panel must consider limitations on disclosure, including employed by the Reserve Bank that whether the Reserve Bank’s material those imposed by the Board’s applicable made the material supervisory supervisory determination is consistent regulations,5 and redaction of all determination under review; must not with applicable laws, regulations, and information not relevant to the appeal. have been members of the initial review policy, and supported by a (10) Request for Final Review. Within panel; and must not have been preponderance of the evidence in the 14 calendar days after notice of decision personally consulted regarding the issue record. In doing so, the panel shall make by the initial review panel, the being determined and provided its own supervisory determination and institution, at the direction of its board guidance regarding how it should be shall not defer to the judgment of the of directors or senior management in resolved, or directly or indirectly report Reserve Bank staff that made the consultation with the board of directors, to the person(s) who made the material material supervisory determination may appeal that decision to a final supervisory determination under though it may rely on any examination review panel by filing a written request review. The final review panel shall workpapers developed by the Reserve for final review with the Board’s determine all procedural issues Bank or materials submitted by the Ombudsman, with a copy to the officer regarding the final review. institution if it determines it is in charge of supervision at the (14) Final Review Meeting. The final reasonable to do so. appropriate Reserve Bank. Senior review panel may determine in its (8) Notice of Decision. Within 45 management shall inform the board of discretion to have an informal appeal calendar days after the date the appeal meeting at which a representative of the is received, the initial review panel 5 See 12 CFR 261.20. institution or counsel may appear

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personally to make an oral presentation practicable, and the published decision PCA framework under section 38 of the to the panel. No facts may be introduced will be redacted to avoid disclosure of FDI Act, prevent or suspend an in this meeting that are not contained in exempt information. In cases in which appropriate authority from appointing a the record upon which the initial review redaction is deemed insufficient to receiver for the institution or otherwise panel made its decision. In the event the prevent improper disclosure, the causing the closure of an institution, or panel decides to have a meeting with published decision may be presented in prevent or suspend an appropriate the appealing institution, panel summary form. The final review panel authority from taking any other action members may ask questions of any may extend the period for issuing a under the PCA framework. If the person participating in the meeting. The decision by up to 30 calendar days if the institution is placed into receivership institution may not cross-examine panel determines that, based on the while an appeal is outstanding, the persons participating in the meeting. A facts and circumstances of the appeal, appeal will be considered moot and will verbatim transcript of the meeting may an extension is appropriate. not be completed. be taken at the cost of the Board if the (18) Ombudsman Participation. The E. Safeguards Against Retaliation final review panel determines that a Board’s Ombudsman may attend, as an transcript would assist the panel in observer, meetings or deliberations Neither the Federal Reserve nor any carrying out its responsibilities. A relating to the appeal at either level if employee of the Federal Reserve may meeting provided under this process is requested by either the institution or retaliate against an institution or person, not governed by formal rules of System personnel. The Ombudsman including based on the filing or outcome evidence. No formal discovery is will not have substantive involvement of an appeal under this process. In required or permitted. The final review in or act as a decision-maker with accordance with longstanding Federal panel may make any procedural rulings respect to the appeal. Reserve practice, the appeals framework is intended to foster an environment reasonably necessary to facilitate the C. Expedited Procedures for Appealing effective and efficient operation of the where concerns and issues may be a Material Supervisory Determination meeting. freely and openly discussed. (15) Scope of Final Review. The scope When a material supervisory Each Reserve Bank shall provide of the final review shall be confined to determination relates to or causes an institutions with notice of the Board’s the record upon which the initial review institution to become critically anti-retaliation policy in connection panel made its decision. undercapitalized, as defined by section with each Federal Reserve led (16) Standard of Review of Final 38 of the FDI Act, the review of any examination. Review. The final review panel shall appeal of that supervisory An institution that believes that it has determine whether the decision of the determination will be processed on an suffered retaliation or any other form of initial review panel is reasonable. In expedited basis. unfair treatment is encouraged to reaching this determination, the panel Notwithstanding any other provision contact the appropriate Reserve Bank, should consider whether the decision in this process, a matter processed and may file a claim of retaliation with was based on a consideration of the under expedited review will be subject the Board’s Ombudsman. The applicable law, regulations, and policy, to the same policies that govern all Ombudsman may attempt to resolve a and whether there has been a clear error appeals except that the initial review claim of retaliation informally by of judgment. The final review panel may panel will issue a decision within 35 engaging in discussions with the affirm the decision of the initial review calendar days following the date the concerned institution and the panel even if it is possible to draw a appeal is received (such period may be appropriate Board or Reserve Bank staff. contrary conclusion from the record extended by up to an additional 7 Nothing in this guidance is intended presented on appeal. calendar days if the initial review panel to prevent the Ombudsman from (17) Notice of Final Review Decision. decides that such time is required to initiating a factual inquiry into alleged Within 21 calendar days of the filing of supplement the record and to consider retaliation at any time. The Ombudsman a request for final review, the director of any additional information received), may initiate a factual inquiry into a the appropriate division of the Board the institution shall have 7 days to file claim of retaliation, at any time, by shall provide written notice of the an appeal of the initial review panel’s providing notice to the director of the decision of the final review panel to the decision, and the final review panel will appropriate division of the Board and senior management and the board of issue a decision within 10 calendar appropriate Board committee, and the directors of the institution. The final days. officer in charge of supervision at the review panel may continue, terminate, appropriate Reserve Bank. As part of the or otherwise modify the material D. Effect of Appeal on Material inquiry, the Ombudsman may collect supervisory determination(s) at issue or Supervisory Determinations and review documents, interview remand consideration of the material A material supervisory determination witnesses, and consult Board and supervisory determination at issue to shall remain in effect while under Reserve Bank staff with subject matter the examiners who made the appeal unless and until such time as it expertise. The Ombudsman also may determination to allow them to consider is modified or terminated through the request that the director of the additional evidence presented in appeals process. An appeal does not appropriate division of the Board connection with the appeal. The notice prevent or suspend the Federal Reserve authorize or assign such additional of decision shall contain a statement of or any other appropriate agency from resources as necessary to assist the the basis for the final review panel’s taking any supervisory or enforcement Ombudsman in fully reviewing the decision. A copy of the decision will be action–either formal or informal–it matter. provided to the director of the deems appropriate to discharge the Upon the completion of a factual appropriate division of the Board, the agency’s supervisory responsibilities. In inquiry into a claim of retaliation, if the officer in charge of supervision at the such cases, the rights of appeal provided Ombudsman concludes that retaliation appropriate Reserve Bank, and the for in the statutes and regulations has occurred, the Ombudsman will Board’s Ombudsman. A copy of the concerning those actions shall govern. forward the claim of retaliation, along decision will be published on the In addition, an appeal does not with the Ombudsman’s factual findings Board’s public website as soon as prevent or suspend the operation of the to the director of the appropriate

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division of the Board. These officials some consumer complaints. In addition, the Ombudsman is also available to will take appropriate action consistent the Ombudsman ensures that safeguards facilitate informal discussions between with the Board’s or relevant Reserve exist to encourage complainants to come a potential appellant and the Bank’s policies and procedures to forward and to protect confidentiality. appropriate Reserve Bank or Board staff resolve the matter. In addition, to Serving as a Complaint Facilitator. in order to explore solutions before an prevent future retaliation for an appeal, The Ombudsman assists institutions appeal is filed. Such discussions do not the Ombudsman may recommend to the with issues and questions related to stay or otherwise alter any of the director of the appropriate division of Reserve Bank or Board regulatory deadlines under the Board’s rules or the Board that the next examination of activities. In doing so, the Ombudsman procedures. the institution or review that may lead shall operate independently of the The Ombudsman will serve as the to a material supervisory determination supervisory process to the extent initial recipient for an appeal of a exclude personnel involved in the claim necessary to ensure that appropriate material supervisory determination and of retaliation. The division director(s) safeguards exist to encourage may attend, as an observer, meetings or will make the final decision as to complainants to come forward and deliberations relating to the appeal if whether any examination staff should preserve confidentiality. requested by either the institution or be excluded. In situations where the Board has not System personnel. In any event, the The Board’s Ombudsman will contact established a process for addressing a Ombudsman will not have any institutions within six months after a certain type of question or complaint, substantive involvement in or act as a material supervisory determination the Ombudsman is available to facilitate decision-maker with respect to the appeal has been decided to inquire the resolution of the question or appeal. whether the institution believes complaint. Although the Ombudsman Providing Feedback on Patterns of retaliation has occurred. does not have decision-making Issues. The Ombudsman is in a unique authority regarding any substantive position to identify and report patterns F. Availability of Procedures matters, including supervisory of issues arising from complaints related The Federal Reserve, through the determinations and regulatory action to Reserve Bank or Board regulatory Board and Reserve Banks, shall make (other than for retaliation claims), the activities. The Ombudsman will track this process readily available on its Ombudsman is available to assist inquiries and complaints based on public website and to any member of institutions, and particularly relevant characteristics, such as the public who requests it. community banks, in locating the geographic location, scope, policy correct Federal Reserve System staff implications, and final disposition, to Ombudsman for the Federal Reserve help identify any such trends, including System person to address or resolve such a question or complaint and may trends that implicate differently sized Policy Statement coordinate meetings and facilitate institutions disproportionately. This tracking will be conducted in a manner Section 309 of the Riegle Community discussions between the institution and System staff, including senior officials, designed to preserve confidentiality of Development and Regulatory the complainant to the maximum extent Improvement Act of 1994, 12 U.S.C. as necessary. In order to facilitate this process, the Ombudsman may possible. As appropriate, the 4806, requires each of the Federal Ombudsman will report findings of banking agencies to appoint an investigate the situation in order to identify the relevant facts and patterns of issues to the appropriate Ombudsman. Section 309 provides that Board committee or division director circumstances. The Ombudsman may the Ombudsman: and Reserve Bank or Board staff. The also participate in meetings or Ombudsman will also report any issue (1) Is to act as a liaison between the agency discussions related to the matter if and any affected person with respect to any stemming from a complaint that is likely requested by either the institution or problem such party may have in dealing with to have a significant impact on the System staff, and may require updates the agency resulting from the regulatory Federal Reserve System’s mission, from System staff, as appropriate, until activities of the agency; and activities, or reputation. (2) Is to assure that safeguards exist to the matter is resolved. If the Retaliation Claims by Supervised encourage complainants to come forward and Ombudsman believes such a complaint Persons. The Board does not tolerate preserve confidentiality. has not been satisfactorily addressed, retaliation by Federal Reserve System Mission of the Ombudsman. The the Ombudsman may raise the matter staff against a supervised institution or Ombudsman is charged with performing with the appropriate division director or its employees (‘‘supervised persons’’). three major functions: (1) Serving as a Board committee, as appropriate. Retaliation is defined as any action or facilitator and moderator for the fair and When an issue is brought to the decision by Reserve Bank or Board staff timely resolution of complaints related attention of the Ombudsman for which that causes a supervised person to be to the Federal Reserve System’s the Board’s rules or procedures provide treated differently or more harshly than regulatory activities; (2) reporting to the an avenue of appeal or another other similarly situated institutions Board on issues that are likely to have appropriate forum for resolution, the because the supervised person a significant impact on the Federal Ombudsman will explain the process to attempted to resolve a complaint by Reserve System’s missions, activities, or the complaining party, and direct the filing an appeal of a material reputation that arise from the party to the appropriate appeals process supervisory determination or utilized 6 Ombudsman’s review of complaints, or forum for the complaint. In addition, any other Board mechanisms for such as patterns of issues that occur in resolving complaints. Retaliation 6 For example, the Ombudsman may explain includes, but is not limited to, delaying multiple complaints; and (3) receiving, some of the existing mechanisms for resolutions of reviewing, and deciding claims of complaints, such as: Material supervisory or denying action that might benefit a retaliatory conduct by Federal Reserve determinations pursuant to section 309(a) of the System staff. The Ombudsman also Riegle Act; actions delegated to the Reserve Banks capital directives pursuant to 12 CFR 263.80– serves as the initial recipient for appeals or Board staff pursuant to 12 CFR part 265; prompt 263.85; decisions with respect to applications; and corrective action directives under section 38 of the matters within the jurisdiction of the Board’s of material supervisory determinations FDI Act; denials or partial denials of Freedom of Inspector General or Federal or State investigatory and plays a role in resolving appeals of Information or Privacy Act requests; issuance of or prosecutorial authorities.

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supervised person without a sound retaliation will be communicated in acknowledgement letter for each appeal supervisory reason or subjecting a writing to the supervised person. it receives. supervised institution to heightened To further ensure that supervised With respect to appeals seeking persons are not subjected to retaliation, examination standards without a sound further investigation of DCCA’s supervisory reason. as defined above, the Ombudsman will The Ombudsman is authorized to contact a supervised institution within handling of an initial appeal or where receive, review, and determine the six months after an appeal has been the consumer requests that the merits of complaints of retaliatory decided to inquire whether the Ombudsman handle the appeal, the conduct by Reserve Bank or Board staff. institution believes retaliation occurred. Ombudsman will typically consult with The Ombudsman may attempt to resolve Where possible, the Ombudsman will DCCA during the investigation. For retaliation claims informally by also contact the institution after the next appeals where the consumer requests engaging in discussions with the examination following an appeal. In the confidential treatment, the Ombudsman concerned supervised person and the event an institution complains of typically will not consult with DCCA appropriate Board or Reserve Bank staff. retaliation, the Ombudsman will initiate during the investigation. If a complaint cannot be resolved the process outlined above to informally For all appeals the Ombudsman informally, the Ombudsman may review the matter or initiate a factual handles, the Ombudsman will review initiate a full investigation into the investigation. the matter. In doing so, the Ombudsman underlying facts and circumstances. Consumer Complaints and Appeals. will collect and review the complaint To commence a factual investigation Independent of the Ombudsman documents from DCCA and seek any of a complaint of retaliatory conduct, function, the Federal Reserve System other relevant information, unless the Ombudsman should provide written operates a consumer complaint and confidential treatment is requested. The notice to the appropriate Board inquiry program to assist members of committee and division director and the the public who are experiencing Ombudsman may also consult Board appropriate Reserve Bank officer in problems with their financial and Reserve Bank staff to discuss the charge of supervision. As part of the institution. If the Ombudsman receives details of the previous complaint investigation, the Ombudsman may, a consumer complaint directly, the investigations. The Ombudsman is among other things, collect and review Ombudsman will refer the complaint to responsible for responding to the documents, interview witnesses, and the Board’s Division of Consumer and complainant with its determination. As seek any other relevant information. The Community Affairs (‘‘DCCA’’) to appropriate, the Ombudsman will Ombudsman may also consult Board determine handling and send contact the appropriate Board division and Reserve Bank staff with subject appropriate consumer complaints to the director and Reserve Bank staff with matter expertise. Where necessary, the Federal Reserve Consumer Help Center feedback or concerns. appropriate Board committee or (‘‘FRCH’’) for processing. Safeguards. These policies, processes, division director may authorize or A request for an independent review and practices are intended as safeguards assign such additional resources as may of a consumer complaint previously to encourage complainants to come be needed to assist the Ombudsman in investigated by a Reserve Bank is treated forward with issues or complaints as an appeal. Consumers should be fully reviewing the matter. related to the Federal Reserve System’s Upon completion of the factual advised that they can file an appeal supervisory activities. investigation of a complaint of through FRCH or with the Ombudsman retaliatory conduct, the Ombudsman if the consumer requests confidential To the extent possible, the will decide whether a member of treatment of the appeal or prefers that Ombudsman will honor requests to keep Federal Reserve System staff retaliated, the Ombudsman handle the appeal. confidential the identity of a as defined above. The Ombudsman will If an appeal is received by the complaining party. It must be report this determination to the Ombudsman, he or she will consult recognized, however, that it may not be appropriate Board committee or with DCCA to determine who will possible for the Ombudsman to resolve Governor and division director and the handle the appeal, unless the consumer certain complaints, including appropriate Reserve Bank officer in has requested confidential treatment or complaints of retaliation, if the charge of supervision and may make that the Ombudsman’s Office handle the Ombudsman cannot disclose the recommendations for resolution of the appeal. In many instances, DCCA will identity of the complaining party to matter to those parties. In addition, to be responsible for investigating and other members of Federal Reserve staff. prevent future retaliation for an appeal, responding to the appeal. For the the Ombudsman may recommend to the appeals referred to DCCA by the Procedures. A party may contact the appropriate division director(s) that the Ombudsman, DCCA will consult with Ombudsman at any time regarding next examination of the institution or the Ombudsman during the appeal concerns or issues resulting from the review that may lead to a material investigation to help ensure that the regulatory activities of the Board or the supervisory determination exclude matter is fully and fairly addressed and Reserve Banks by calling 1–800–337– personnel involved in the claim of provide a final copy of the response 0429, by sending a fax to 202–530–6208, retaliation. The division director(s) will letter to the Ombudsman. by writing to the Office of the make the final decision as to whether The Ombudsman handles appeals Ombudsman, Board of Governors of the any examination staff should be seeking further investigation of DCCA’s Federal Reserve System, Washington, excluded. However, the Ombudsman handling of an initial appeal, appeals DC 20551, or by sending an email to shall not make recommendations where the consumer requests [email protected]. regarding disciplinary action against a confidential treatment, and appeals By order of the Board of Governors of the Federal Reserve System staff member. where the consumer requests that the Federal Reserve System, March 12, 2020. The appropriate staff will consider Ombudsman’s Office handle the initial further action consistent with the appeal. The Ombudsman may handle Ann Misback, Board’s and relevant Reserve Bank’s other appeals, as determined in Secretary of the Board. policies and procedures. The collaboration with DCCA. The [FR Doc. 2020–05491 Filed 3–16–20; 8:45 am] Ombudsman’s determination regarding Ombudsman will send an BILLING CODE 6210–01–P

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GENERAL SERVICES Pursuant to FMR § 102–42.10, the West Virginia 26505, Telephone: (304) ADMINISTRATION approved revised minimal value will be 285–5975. published in an FMR Bulletin posted on The Director, Strategic Business [Notice–MA–2020–02; Docket No. 2020– Initiatives Unit, Office of the Chief 0002; Sequence No. 9] OGP’s website (www.gsa.gov/ personalpropertypolicy). Operating Officer, Centers for Disease Revision to Foreign Gift Minimal Value Calculations using the consumer Control and Prevention, has been prices over the past three years show delegated the authority to sign Federal AGENCY: Office of Government-wide that the minimal value must increase Register notices pertaining to Policy (OGP), General Services 6.35 percent from its current $390, announcements of meetings and other Administration (GSA). which yields an amount of $414.77. As committee management activities, for ACTION: Notice of GSA Bulletin FMR B– in previous years, GSA is rounding the both the Centers for Disease Control and 50, Foreign Gift and Decoration Minimal amount to the nearest five dollar Prevention and the Agency for Toxic Value. increments. Substances and Disease Registry. Therefore, GSA is adjusting the new SUMMARY: GSA, in consultation with the Kalwant Smagh, U.S. Department of State, must redefine minimal value to $415.00. Per FMR Director, Strategic Business Initiatives Unit, the minimal value of foreign gift items § 102–42.10, an agency may, by Office of the Chief Operating Officer, Centers to reflect changes in the Consumer Price regulation, specify a lower value than for Disease Control and Prevention. Index (CPI) for the preceding 3-year this Government-wide value for its [FR Doc. 2020–05374 Filed 3–16–20; 8:45 am] agency employees. period, as specified under the law BILLING CODE 4163–18–P concerning the Receipt and Disposition Jessica Salmoiraghi, of Foreign Gifts and Decorations. The Associate Administrator, Office of minimal value was last defined effective Government-wide Policy. DEPARTMENT OF HEALTH AND HUMAN SERVICES January 1, 2017, and must be redefined [FR Doc. 2020–05375 Filed 3–16–20; 8:45 am] effective as of January 1, 2020. BILLING CODE 6820–14–P This bulletin cancels FMR Bulletin B– Administration for Children and 41, ‘‘Foreign Gift and Decoration Families Minimal Value,’’ issued January 12, DEPARTMENT OF HEALTH AND Proposed Information Collection 2017, as this bulletin provides updated HUMAN SERVICES Activity; National Child Abuse and information on the same topic. Neglect Data System (OMB #0970– DATES: Applicability Date: January 1, Centers for Disease Control and 0424) 2020. Prevention This notice applies to foreign gifts and AGENCY: Children’s Bureau, decorations received on or after January Disease, Disability, and Injury Administration on Children, Youth and 1, 2020. Prevention and Control Special Families, Administration for Children FOR FURTHER INFORMATION CONTACT: For Emphasis Panel (SEP)—Funding and Families, HHS. clarification of content, contact Mr. Opportunity Announcement (FOA), ACTION: Request for public comment. William Garrett, Director, Personal PAR 16–098, Cooperative Research SUMMARY: The Administration for Property Policy, Office of Government- Agreements to the World Trade Center Children and Families (ACF) is wide Policy, Office of Asset and Health Program (U01); Amended requesting a 3-year extension of the Transportation Management, at 202– Notice of Meeting National Child Abuse and Neglect Data 368–8163, or by email at System (NCANDS) collection (OMB [email protected]. Please cite Notice is hereby given of a change in #0970–0424, expiration 02/28/2021). Notice of GSA Bulletin FMR B–50. the meeting of the Disease, Disability, and Injury Prevention and Control There are no changes requested to this SUPPLEMENTARY INFORMATION: Special Emphasis Panel (SEP)—FOA, data collection. Background PAR 16–098, Cooperative Research DATES: Comments due within 60 days of Foreign gifts and decorations above Agreements to the World Trade Center publication. In compliance with the the GSA-defined minimal value are Health Program (U01); March 10, 2020; requirements of Section 3506(c)(2)(A) of handled differently than lesser-valued and March 11, 2020, Day One: 8:00 the Paperwork Reduction Act of 1995, foreign gifts and decorations under the a.m.–5:00 p.m., EDT; and Day Two: 8:00 ACF is soliciting public comment on the provisions of 5 U.S.C. 7342 and FMR a.m.–12:00 p.m., EDT, in the original specific aspects of the information § 102–42. FRN. collection described above. Foreign gifts and decorations above Courtyard Marriott Decatur ADDRESSES: Copies of the proposed the minimal value become the property Downtown/Emory, 130 Clairmont collection of information can be of the Federal Government and must be Avenue, Decatur, Georgia 30030, obtained and comments may be reported to GSA for disposal if not Telephone: (404) 371–0201, which was forwarded by emailing infocollection@ immediately needed by the agency for published in the Federal Register on acf.hhs.gov. Alternatively, copies can official purposes. Additionally, those January 14, 2020, Volume 85, Number 9, also be obtained by writing to the items initially retained by the agencies page 2136. Administration for Children and for official use are reported to GSA upon The meeting is being amended to a Families, Office of Planning, Research termination of official use. virtual meeting, and the meeting time and Evaluation (OPRE), 330 C Street The foreign gifts and decorations has been extended to 4:00 p.m., EDT on SW, Washington, DC 20201, Attn: ACF minimal value was last redefined March 11, 2020. The meeting is closed Reports Clearance Officer. All requests, effective January 1, 2017, at $390, and to the public. emailed or written, should be identified therefore, must be redefined as of FOR FURTHER INFORMATION CONTACT: by the title of the information collection. January 1, 2020, to reflect the CPI Nina Turner, Ph.D., Scientific Review SUPPLEMENTARY INFORMATION: increase of 6.35 percent for the Officer, CDC/NIOSH, 1095 Willowdale Description: The Child Abuse preceding three years. Road, Mailstop G905, Morgantown, Prevention and Treatment Act (CAPTA)

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was amended in 1988 to direct the 7) review panels of the state required by Secretary of HHS to establish a national a) The number of child protective subsection (c)(6). data collection and analysis program, service personnel responsible for the— 14) The number of children under the which would make available state child i.) intake of reports filed in the care of the state child protection system abuse and neglect reporting information. previous year; who are transferred into the custody of HHS responded by establishing ii.) screening of such reports; the state juvenile justice system. NCANDS as a voluntary national iii.) assessment of such reports; and 15) The number of children referred iv.) investigation of such reports. reporting system. to a child protective services system b) The average caseload for the In 1996, CAPTA was amended to under subsection (b)(2)(B)(ii). require all states that receive funds from workers described in subparagraph (A). 8) The agency response time with 16) The number of children the Basic State Grant program to work determined to be eligible for referral, with the Secretary of HHS to provide respect to each report pertaining to the initial investigation of child abuse or and the number of children referred, specific data elements, to the maximum under subsection (b)(2)(B)(xxi), to extent practicable, about children who neglect. 9) The response time with respect to agencies providing early intervention had been maltreated. Most of the services under part C of the Individuals required data elements were added to the provision of services to families and children where an allegation of child with Disabilities Education Act (20 the NCANDS data collection. U.S.C. 1431 et seq.). Subsequent CAPTA reauthorizations abuse or neglect has been made. 17) The number of children and amendments added required data 10) For child protective service determined to be victims described in elements. The current list of CAPTA- personnel responsible for intake, subsection (b)(2)(B)(xxiv). required data elements includes: screening, assessment, and investigation 1) The number of children who were of child abuse and neglect reports in the 18) The number of infants— reported to the state during the year as state— a) identified under subsection victims of child abuse or neglect. a) information on the education, (b)(2)(B)(ii); 2) Of the number of children qualifications, and training b) for whom a plan of safe care was described in paragraph (1), the number requirements established by the state for developed under subsection with respect to whom such reports child protective service professionals, (b)(2)(B)(iii); and were— including for entry and advancement in c) for whom a referral was made for a) Substantiated; the profession, including advancement appropriate services, including services b) Unsubstantiated; or to supervisory positions; for the affected family or caregiver, c) Determined to be false. b) data of the education, under subsection (b)(2)(B)(iii). 3) Of the number of children qualifications, and training of such The items listed under number (10), described in paragraph (2)— personnel; (13), and (14) are not collected by a) the number that did not receive c) demographic information of the NCANDS. services during the year under the state child protective service personnel; and program funded under this section or an d) information on caseload or The Children’s Bureau proposes to equivalent state program; workload requirements for such continue collecting the NCANDS data b) the number that received services personnel, including requirements for through the two files of the Detailed during the year under the state program average number and maximum number Case Data Component, the Child File funded under this section or an of cases per child protective service (the case-level component of NCANDS), equivalent state program; and worker and supervisor. and the Agency File (additional c) the number that were removed from 11) The number of children reunited aggregate data, which cannot be their families during the year by with their families or receiving family collected at the case level). There are no disposition of the case. preservation services that, within 5 proposed changes to the NCANDS data 4) The number of families that years, result in subsequent substantiated collection instruments. New data received preventive services, including reports of child abuse or neglect, elements were added during the use of differential response, from the including the death of the child. previous OMB clearance cycle in state during the year. 12) The number of children for whom response to the Justice for Victims of 5) The number of deaths in the state individuals were appointed by the court Trafficking Act of 2015 and the during the year resulting from child to represent the best interests of such Comprehensive Addiction and Recovery abuse or neglect. children and the average number of out Act of 2016, both of which amended 6) Of the number of children of court contacts between such CAPTA. described in paragraph (5), the number individuals and children. Respondents: State governments, the of such children who were in foster 13) The annual report containing the District of Columbia, and the care. summary of activities of the citizen Commonwealth of Puerto Rico.

ANNUAL BURDEN ESTIMATES

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

Detailed Case Data Component (Child File and Agency File) ...... 52 3 106 16,536 5,512

Estimated Total Annual Burden Comments: The Department Whether the proposed collection of Hours: 5,512. specifically requests comments on: (a) information is necessary for the proper

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performance of the functions of the an experimental impact study, potential applicants for Supplemental agency, including whether the descriptive study, and cost study. Security Income (SSI). information shall have practical utility; DATES: Comments due within 30 days of The NextGen Project will use a two- (b) the accuracy of the agency’s estimate publication. OMB is required to make a phased approach for approval of this of the burden of the proposed collection decision concerning the collection of proposed information collection of information; (c) the quality, utility, information between 30 and 60 days activity. In Phase 1 (current request) the and clarity of the information to be after publication of this document in the research team seeks approval to collected; and (d) ways to minimize the Federal Register. Therefore, a comment formally recruit programs, to administer burden of the collection of information is best assured of having its full effect the informed consent form and baseline on respondents, including through the if OMB receives it within 30 days of participant survey, and to collect use of automated collection techniques publication. identifying and contact information for or other forms of information ADDRESSES: Written comments and study participants. The project intends technology. Consideration will be given recommendations for the proposed for these data collections to be uniform to comments and suggestions submitted information collection should be sent across programs selected for evaluation within 60 days of this publication. within 30 days of publication of this and it does not anticipate that they will (Authority: 42 U.S.C. 5101 et seq.) notice to www.reginfo.gov/public/do/ require revisions. PRAMain. Find this particular Under Phase 2 of the request, the Mary B. Jones, information collection by selecting project will update the information ACF/OPRE Certifying Officer. ‘‘Currently under 30-day Review—Open collection request for the remaining [FR Doc. 2020–05500 Filed 3–16–20; 8:45 am] for Public Comments’’ or by using the instruments to tailor to each program BILLING CODE 4184–29–P search function. selected for the evaluation, as needed. SUPPLEMENTARY INFORMATION: The proposed information collection Description: To further build the activities cover an experimental impact DEPARTMENT OF HEALTH AND evidence around effective strategies for study, descriptive study, and cost study. HUMAN SERVICES helping low-income individuals find Data collection activities for the impact study include: (1) Baseline survey and Administration for Children and and sustain employment, OPRE is conducting the NextGen Project. This identifying and contact information data Families project will identify and test up to 10 collection, (2) a first follow-up survey, and (3) a second follow-up survey. Data Submission for OMB Review; Data innovative, promising employment collection activities for the descriptive Collection for the Next Generation of interventions designed to help study include: (1) Program service Enhanced Employment Strategies individuals facing complex challenges receipt tracking; (2) staff characteristics Project (New Collection) secure a pathway toward economic independence. These challenges may be survey; (3) program leadership survey; (4) semi-structured program discussion AGENCY: Office of Planning, Research, physical and mental health conditions, and Evaluation, Administration for a criminal history, or limited work skills guide (conducted with program leaders, Children and Families, HHS. and experience. supervisors, partners, staff, and The project is actively coordinating providers); (5) semi-structured employer ACTION: Request for public comment. with the Building Evidence on discussion guide (for those Employment Strategies for Low-Income interventions that include an employer SUMMARY: The Office of Planning, Families Project (0970–0537), another component); and (6) in-depth Research, and Evaluation (OPRE) within OPRE project focused on strengthening participant interviews. Data collection the Administration for Children and ACF’s understanding of effective activities for the cost study include an Families (ACF) is proposing data interventions aimed at supporting low- Excel-based cost workbook. collection activities conducted for the income individuals to find jobs, Respondents: Program staff, program Next Generation of Enhanced advance in the labor market, and partners, employer staff, and Employment Strategies (NextGen) improve their economic security. individuals enrolled in the NextGen Project. The objective of this project is Additionally, the project is working Project. Program staff and partners may to identify and rigorously evaluate closely with the Social Security include case managers, health innovative interventions designed to Administration (SSA) to incorporate a professionals, workshop instructors, job promote employment and economic focus on employment-related early developers, supervisors, managers, and security among low-income individuals interventions for individuals with administrators. Employers may include with complex challenges to current or foreseeable disabilities who administrators, human resources staff, employment. The project will include have limited work history and are and worksite supervisors.

ANNUAL BURDEN ESTIMATES

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

PHASE 1

Baseline survey & identifying and contact information— participants ...... 10,000 3,333 1 0.42 1,400 Baseline survey & identifying and contact information— staff ...... 200 67 50 0.42 1,407

Estimated Total Annual Burden Hours, Phase 1: ...... 2,807

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ANNUAL BURDEN ESTIMATES—Continued

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

PHASE 2 ESTIMATES

First follow-up survey—participants ...... 8,000 2,667 1 0.83 2,214 Second follow-up survey—participants ...... 8,000 2,667 1 0.83 2,214 Service receipt tracking—program staff ...... 200 67 250 0.08 1,340 Staff characteristics survey—program staff ...... 200 67 1 0.42 28 Program leadership survey—program leaders ...... 50 17 1 0.25 4 Semi-structured program discussion guide—program lead- ers ...... 40 13 1 1.5 20 Semi-structured program discussion guide—program su- pervisors and partners ...... 80 27 1 1.0 27 Semi-structured program discussion guide—program staff, providers ...... 80 27 1 0.75 20 Semi-structured employer discussion guide—employers .... 50 17 1 1.0 17 In-depth participant interview guide—participants ...... 200 67 1 2.0 134 Cost workbook—program staff ...... 40 13 1 32.0 416

Estimated Total Annual Burden Hours, Phase 2: ...... 6,434

Authority: Section 413 of the Social DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: Ila Security Act, as amended by the FY 2017 HUMAN SERVICES S. Mizrachi, Office of Operations, Food Consolidated Appropriations Act, 2017 and Drug Administration, Three White (Public Law 115–31). Food and Drug Administration Flint North, 10A–12M, 11601 Mary B. Jones, [Docket Nos. FDA–2019–N–3077; FDA– Landsdown St., North Bethesda, MD 2013–N–0403; FDA–2013–N–0579; FDA– 20852, 301–796–7726, PRAStaff@ ACF/OPRE Certifying Officer. 2016–N–2474; FDA–2013–N–0717; FDA– fda.hhs.gov. [FR Doc. 2020–05440 Filed 3–16–20; 8:45 am] 2018–N–3728; FDA–2013–N–0797; FDA– BILLING CODE 4184–09–P 2013–N–0578; FDA–2013–N–0879; FDA– SUPPLEMENTARY INFORMATION: The 2012–N–0197; FDA–2016–N–3586; FDA– following is a list of FDA information 2016–N–4319; and FDA–2013–N–0764] collections recently approved by OMB under section 3507 of the Paperwork Agency Information Collection Reduction Act of 1995 (44 U.S.C. 3507). Activities; Announcement of Office of The OMB control number and Management and Budget Approvals expiration date of OMB approval for AGENCY: Food and Drug Administration, each information collection are shown HHS. in table 1. Copies of the supporting ACTION: Notice. statements for the information collections are available on the internet SUMMARY: The Food and Drug at http://www.reginfo.gov/public/do/ Administration (FDA) is publishing a PRAMain. An Agency may not conduct list of information collections that have or sponsor, and a person is not required been approved by the Office of to respond to, a collection of Management and Budget (OMB) under information unless it displays a the Paperwork Reduction Act of 1995. currently valid OMB control number.

TABLE 1—LIST OF INFORMATION COLLECTIONS APPROVED BY OMB

OMB Date Title of collection Control approval No. expires

Obtaining Information to Understand Challenges and Opportunities Encountered by Compounding Outsourcing Facilities ...... 0910–0883 1/31/2021 Protection of Human Subjects; Informed Consent; and Institutional Boards ...... 0910–0130 1/31/2023 Biological Products: Reporting and Biological Product Deviations and Human Cells, Tissues, and Cellular and Tissue-Based Deviations in Manufacturing ...... 0910–0458 1/31/2023 Reporting Associated with Designated New Animal Drugs for Minor Use and Minor Species ...... 0910–0605 1/31/2023 Evaluation of the Food and Drug Administration’s General Market Youth Tobacco Prevention Campaign ...... 0910–0753 1/31/2023 Collection of Conflict of Interest Information for Participation in Food and Drug Administration Non-Employee Fellowship and Traineeship Programs ...... 0910–0882 1/31/2023 Human Tissue Intended for Transplantation ...... 0910–0302 2/28/2023 General Licensing Provisions: Biologics License Application, Changes to an Approved Application, Labeling, Revocation and Suspension, Postmarketing Studies Status Reports, and Form FDA 356h ...... 0910–0338 2/28/2023 Procedures for the Safe Processing and Importing of Fish and Fishery Products ...... 0910–0354 2/28/2023 Medical Devices; Shortages Data Collection System ...... 0910–0491 2/28/2023 Focus Groups About Drug Products as Used by the Food and Drug Administration ...... 0910–0677 2/28/2023

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TABLE 1—LIST OF INFORMATION COLLECTIONS APPROVED BY OMB—Continued

OMB Date Title of collection Control approval No. expires

Unique Device Identification System ...... 0910–0720 2/28/2023 Animal Feed Regulatory Program Standards ...... 0910–0760 2/28/2023

Dated: March 11, 2020. electronic filing system will accept 2020–N–0908 for ‘‘Agency Information Lowell J. Schiller, comments until 11:59 p.m. Eastern Time Collection Activities; Proposed Principal Associate Commissioner for Policy. at the end of May 18, 2020. Comments Collection; Comment Request; [FR Doc. 2020–05354 Filed 3–16–20; 8:45 am] received by mail/hand delivery/courier Submission of Petitions: Food Additive, BILLING CODE 4164–01–P (for written/paper submissions) will be Color Additive (Including Labeling), considered timely if they are Submission of Information to a Master postmarked or the delivery service File in Support of Petitions; and DEPARTMENT OF HEALTH AND acceptance receipt is on or before that Electronic Submission Using Food and HUMAN SERVICES date. Drug Administration Form 3503.’’ Received comments, those filed in a Food and Drug Administration Electronic Submissions timely manner (see ADDRESSES), will be Submit electronic comments in the [Docket No. FDA–2020–N–0908] placed in the docket and, except for following way: those submitted as ‘‘Confidential • Agency Information Collection Federal eRulemaking Portal: Submissions,’’ publicly viewable at Activities; Proposed Collection; https://www.regulations.gov. Follow the https://www.regulations.gov or at the Comment Request; Submission of instructions for submitting comments. Dockets Management Staff between 9 Petitions: Food Additive, Color Comments submitted electronically, a.m. and 4 p.m., Monday through including attachments, to https:// Friday. Additive (Including Labeling), • Submission of Information to a Master www.regulations.gov will be posted to Confidential Submissions—To File in Support of Petitions; and the docket unchanged. Because your submit a comment with confidential Electronic Submission Using Food and comment will be made public, you are information that you do not wish to be Drug Administration Form 3503 solely responsible for ensuring that your made publicly available, submit your comment does not include any comments only as a written/paper AGENCY: Food and Drug Administration, confidential information that you or a submission. You should submit two HHS. third party may not wish to be posted, copies total. One copy will include the ACTION: Notice. such as medical information, your or information you claim to be confidential anyone else’s Social Security number, or with a heading or cover note that states SUMMARY: The Food and Drug confidential business information, such ‘‘THIS DOCUMENT CONTAINS Administration (FDA or Agency) is as a manufacturing process. Please note CONFIDENTIAL INFORMATION.’’ The announcing an opportunity for public that if you include your name, contact Agency will review this copy, including comment on the proposed collection of information, or other information that the claimed confidential information, in certain information by the Agency. identifies you in the body of your its consideration of comments. The Under the Paperwork Reduction Act of comments, that information will be second copy, which will have the 1995 (PRA), Federal Agencies are posted on https://www.regulations.gov. claimed confidential information required to publish notice in the • If you want to submit a comment redacted/blacked out, will be available Federal Register concerning each with confidential information that you for public viewing and posted on proposed collection of information, do not wish to be made available to the https://www.regulations.gov. Submit including each proposed extension of an public, submit the comment as a both copies to the Dockets Management existing collection of information, and written/paper submission and in the Staff. If you do not wish your name and to allow 60 days for public comment in manner detailed (see ‘‘Written/Paper contact information to be made publicly response to the notice. This notice Submissions’’ and ‘‘Instructions’’). available, you can provide this solicits comments on the information information on the cover sheet and not collection provisions of FDA’s Written/Paper Submissions in the body of your comments and you regulations for submission of petitions, Submit written/paper submissions as must identify this information as including food and color additive follows: ‘‘confidential.’’ Any information marked petitions (FAPs and CAPs) (including • Mail/Hand Delivery/Courier (for as ‘‘confidential’’ will not be disclosed labeling) submission of information to a written/paper submissions): Dockets except in accordance with 21 CFR 10.20 master file in support of petitions, and Management Staff (HFA–305), Food and and other applicable disclosure law. For electronic submission using Form FDA Drug Administration, 5630 Fishers more information about FDA’s posting 3503. Lane, Rm. 1061, Rockville, MD 20852. of comments to public dockets, see 80 DATES: Submit either electronic or • For written/paper comments FR 56469, September 18, 2015, or access written comments on the collection of submitted to the Dockets Management the information at: https:// information by May 18, 2020. Staff, FDA will post your comment, as www.govinfo.gov/content/pkg/FR-2015- ADDRESSES: You may submit comments well as any attachments, except for 09-18/pdf/2015-23389.pdf. as follows. Please note that late, information submitted, marked and Docket: For access to the docket to untimely filed comments will not be identified, as confidential, if submitted read background documents or the considered. Electronic comments must as detailed in ‘‘Instructions.’’ electronic and written/paper comments be submitted on or before May 18, 2020. Instructions: All submissions received received, go to https:// The https://www.regulations.gov must include the Docket No. FDA– www.regulations.gov and insert the

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docket number, found in brackets in the Submission of Petitions: Food Additive, FDA scientific personnel reviews heading of this document, into the Color Additive (Including Labeling); FAPs to ensure the safety of the ‘‘Search’’ box and follow the prompts Submission of Information to a Master intended use of the additive in or on and/or go to the Dockets Management File in Support of Petitions; Electronic food, or that may be present in food as Staff, 5630 Fishers Lane, Rm. 1061, Submission Using FDA Form 3503—21 a result of its use in articles that contact Rockville, MD 20852. CFR 70.25, 71.1, 171.1, 172, 173, 179, food. Likewise, FDA personnel review and 180 CAPs to ensure the safety of the color FOR FURTHER INFORMATION CONTACT: additive prior to its use in food, drugs, Domini Bean, Office of Operations, OMB Control Number 0910–0016— cosmetics, or medical devices. Food and Drug Administration, Three Revision White Flint North, 10A–12M, 11601 Section 409(a) of the Federal Food, Respondents may transmit FAP or Landsdown St., North Bethesda, MD Drug, and Cosmetic Act (FD&C Act) (21 CAP regulatory submissions in 20852, 301–796–5733, PRAStaff@ U.S.C. 348(a)) provides that a food electronic format or paper format to the fda.hhs.gov. additive shall be deemed to be unsafe, Office of Food Additive Safety in the unless: (1) The additive and its use, or Center for Food Safety and Applied SUPPLEMENTARY INFORMATION: Under the intended use, are in conformity with a Nutrition (CFSAN) using Form FDA PRA (44 U.S.C. 3501–3521), Federal regulation issued under § 409 that 3503. Form FDA 3503 helps the Agencies must obtain approval from the describes the condition(s) under which respondent organize their submission to Office of Management and Budget the additive may be safely used; (2) the focus on the information needed for (OMB) for each collection of additive and its use, or intended use, FDA’s safety review. Form FDA 3503 information they conduct or sponsor. conform to the terms of an exemption can also be used to organize information ‘‘Collection of information’’ is defined for investigational use; or (3) a food within a master file submitted in in 44 U.S.C. 3502(3) and 5 CFR contact notification submitted under support of petitions according to the 1320.3(c) and includes Agency requests § 409(h) is effective. FAPs are submitted items listed on the form. Master files or requirements that members of the by individuals or companies to obtain can be used as repositories for public submit reports, keep records, or approval of a new food additive or to information that can be referenced in provide information to a third party. amend the conditions of use permitted multiple submissions to the Agency, Section 3506(c)(2)(A) of the PRA (44 under an existing food additive thus minimizing paperwork burden for U.S.C. 3506(c)(2)(A)) requires Federal regulation. Section 171.1 of FDA’s food and color additive approvals. FDA Agencies to provide a 60-day notice in regulations (21 CFR 171.1) specifies the estimates that the amount of time for the Federal Register concerning each information that a petitioner must respondents to complete Form FDA proposed collection of information, submit in order to establish that the 3503 will continue to be 1 hour. proposed use of a food additive is safe including each proposed extension of an We are revising the information existing collection of information, and to secure the publication of a food additive regulation describing the collection to reflect ongoing before submitting the collection to OMB modernization efforts. We have for approval. To comply with this conditions under which the additive may be safely used. Parts 172, 173, 179, augmented our FDA Unified requirement, FDA is publishing notice and 180 (21 CFR parts 172, 173, 179, Registration and Listing System of the proposed collection of and 180) contain labeling requirements (FURLS) with the CFSAN Online information set forth in this document. for certain food additives to ensure their Submission Module (‘‘COSM’’). The With respect to the following safe use. COSM provides a real-time user collection of information, FDA invites Section 721(a) of the FD&C Act (21 interface process we believe will assist comments on these topics: (1) Whether U.S.C. 379e(a)) provides that a color respondents in preparing and making the proposed collection of information additive shall be deemed to be unsafe submissions to Offices in CFSAN. The is necessary for the proper performance unless the additive and its use are in COSM is a web-based tool that supports of FDA’s functions, including whether conformity with a regulation that electronic submissions, thereby the information will have practical describes the condition(s) under which eliminating the need for printing and utility; (2) the accuracy of FDA’s the additive may safely be used, or the mailing of paper submissions. COSM is estimate of the burden of the proposed additive and its use conform to the available 24 hours a day and seven days collection of information, including the terms of an exemption for a week. Information submitted to COSM validity of the methodology and investigational use issued under is the same information respondents assumptions used; (3) ways to enhance § 721(f). CAPs are submitted by would submit to the FURLS system. the quality, utility, and clarity of the individuals or companies to obtain Information about COSM, including information to be collected; and (4) approval of a new color additive or a user instruction, is available on the ways to minimize the burden of the change in the conditions of use internet at: https://www.fda.gov/food/ permitted for a color additive that is collection of information on registration-food-facilities-and-other- already approved. Section 71.1 of the respondents, including through the use submissions/cfsan-online-submission- Agency’s regulations (21 CFR 71.1) of automated collection techniques, module-cosm. when appropriate, and other forms of specifies the information that a petitioner must submit to establish the Description of respondents: information technology. safety of a color additive and to secure Respondents are businesses engaged in the issuance of a regulation permitting the manufacture or sale of food, food its use. FDA’s color additive labeling ingredients, color additives, or requirements in § 70.25 (21 CFR 70.25) substances used in materials that come require that color additives that are to be into contact with food. used in food, drugs, devices, or We estimate the burden of this cosmetics be labeled with sufficient collection of information as follows: information to ensure their safe use.

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TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Total Number of Number of Total annual Average operating and 21 CFR section/form respondents responses per responses burden per Total hours maintenance respondent response costs

Color Additive Petitions

70.25, 71.1 ...... 2 1 2 1,337 2,674 $5,600

Food Additive Petitions

171.1 ...... 3 1 3 7,093 21,279 0 Form FDA 3503 ...... 6 1 6 1 6 0

Total ...... 23,959 5,600 1 There are no capital costs associated with this collection of information.

Our estimate of burden attributable to regulation. Label information does not (HGH) imported from China for a food additive or color additive petitions have any specific recordkeeping purpose other than the treatment of a is based on our experience with the requirements unique to preparing the disease or other recognized medical information collection, which has not label. Therefore, because labeling condition, the use of which had been changed since our last review, and we requirements under § 70.25 for a authorized by the Secretary of Health therefore retain the currently approved particular color additive involve and Human Services, and not pursuant burden. This estimate reflects the information required as part of the CAP to an order of a physician, in violation average number of petitions we have safety review process, the estimate for of the FD&C Act. The factual basis received annually over a period of 10 number of respondents is the same for supporting this felony conviction, as years. The attendant burden we estimate §§ 70.25 and 71.1, and the burden hours described below, is conduct relating to also reflects an industry average, for labeling are included in the estimate the importation into the United States of although burden associated with for § 71.1. Also, because labeling a drug or controlled substance. Mr. individual petitions may vary requirements under parts 172, 173, 179, Lewicki was given notice of the depending on the complexity of the and 180 for particular food additives proposed debarment and, in accordance petition, and the amount and type of involve information required as part of with the FD&C Act and FDA’s data needed for scientific analysis. the FAP safety review process under regulations, was given an opportunity to Color additive petitions are subject to § 171.1, the burden hours for labeling request a hearing to show why he fees. The listing fee for a color additive are included in the estimate for § 171.1. should not be debarred. As of October petition ranges from $1,600 to $3,000, Dated: March 10, 2020. 28, 2019 (30 days after receipt of the depending on the intended use of the Lowell J. Schiller, notice), Mr. Lewicki had not responded. color additive and the scope of the Mr. Lewicki’s failure to respond and Principal Associate Commissioner for Policy. requested amendment. A complete request a hearing constitutes a waiver of schedule of fees is set forth in § 70.19. [FR Doc. 2020–05447 Filed 3–16–20; 8:45 am] his right to a hearing concerning this An average of one Category A and one BILLING CODE 4164–01–P matter. Category B color additive petition is DATES: This order is applicable March expected per year. The maximum color DEPARTMENT OF HEALTH AND 17, 2020. additive petition fee for a Category A HUMAN SERVICES petition is $2,600 and the maximum ADDRESSES: Submit applications for termination of debarment to the Dockets color additive petition fee for a Category Food and Drug Administration B petition is $3,000. Because an average Management Staff, Food and Drug of 2 CAPs are expected per calendar [Docket No. FDA–2019–N–3131] Administration, 5630 Fishers Lane, Rm. year, the estimated total annual cost 1061, Rockville, MD 20852. burden to petitioners for this startup Jagen D. Lewicki: Final Debarment FOR FURTHER INFORMATION CONTACT: cost would be less than or equal to Order Jaime Espinosa, Division of $5,600 ((1 × $2,600) + (1 × $3,000) AGENCY: Food and Drug Administration, Enforcement, Office of Strategic listing fees = $5,600). There are no HHS. Planning and Operational Policy, Office of Regulatory Affairs, Food and Drug capital costs associated with CAPs. The ACTION: Notice. labeling requirements for food and color Administration, 12420 Parklawn Dr., additives were designed to specify the SUMMARY: The Food and Drug Rockville, MD 20857, or at debarments@ minimum information needed for Administration (FDA) is issuing an fda.hhs.gov. labeling in order that food and color order under the Federal Food, Drug, and SUPPLEMENTARY INFORMATION: manufacturers may comply with all Cosmetic Act (FD&C Act) debarring applicable provisions of the FD&C Act Jagen Lewicki for a period of 5 years I. Background and other specific labeling acts from importing or offering for import Section 306(b)(1)(D) of the FD&C Act administered by FDA. Label information any drug into the United States. FDA (21 U.S.C. 335a(b)(1)(D)) permits does not require any additional bases this order on a finding that Mr. debarment of an individual from information gathering beyond what is Lewicki was convicted, as defined in importing or offering for import any already required to assure conformance the FD&C Act, of one felony count drug into the United States if the FDA with all specifications and limitations in under Federal law for conspiracy to finds, as required by section 306(b)(3)(C) any given food or color additive distribute Human Growth Hormone of the FD&C Act, that the individual has

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been convicted of a felony for conduct concluded that his offense warranted a DEPARTMENT OF HEALTH AND relating to the importation into the 5-year period of debarment under HUMAN SERVICES United States of any drug or controlled section 306(c)(2)(A)(iii). substance. The proposal informed Mr. Lewicki of Food and Drug Administration On December 20, 2018, Mr. Lewicki the proposed debarment and offered Mr. [Docket No. FDA–2019–N–3474] was convicted as defined in section Lewicki an opportunity to request a 306(l)(1)(B) of the FD&C Act, in the hearing, providing him 30 days from the Zhang Xiao Dong: Final Debarment United States District Court for the date of receipt of the letter in which to Order Eastern District of Virginia, when the file the request, and advised him that court accepted his plea of guilty for the failure to request a hearing constituted AGENCY: Food and Drug Administration, offense of conspiracy to distribute HGH a waiver of the opportunity for a hearing HHS. imported from China for unapproved and of any contentions concerning this ACTION: Notice. purposes in violation of 18 U.S.C. 371 action. Mr. Lewicki received the and 21 U.S.C. 333(e) (section 303(e) of proposal and notice of opportunity for SUMMARY: The Food and Drug FD&C Act). a hearing on September 28, 2019. Mr. Administration (FDA) is issuing an The FDA’s finding that debarment is Lewicki failed to request a hearing order under the Federal Food, Drug, and appropriate is based on the felony within the timeframe prescribed by Cosmetic Act (FD&C Act) debarring conviction referenced herein. The regulation and has, therefore, waived Zhang Xiao Dong for a period of 5 years factual basis for this conviction is as his opportunity for a hearing and from importing articles of food follows: As contained in the Stipulation waived any contentions concerning his (including dietary supplements) or of Facts incorporated into the Plea debarment (21 CFR part 12). offering such articles for importation Agreement, filed on December 20, 2018, into the United States. FDA bases this from on or about January 2017 to II. Findings and Order order on a finding that Mr. Dong was February 2018, Mr. Lewicki conspired Therefore, the Assistant convicted, as defined in the FD&C Act, with certain other known and unknown Commissioner, Office of Human and of a felony count under Federal law for individuals to unlawfully distribute Animal Food Operations, under section conduct relating to the importation into HGH imported from China. Specifically, 306(b)(3)(C) of the FD&C Act, under the United States of an article of food. Mr. Lewicki submitted periodic orders, authority delegated to the Assistant Mr. Dong was given notice of the and gave money, for HGH to co- Commissioner, finds that Mr. Lewicki proposed permanent debarment and an conspirators, for the purchase of HGH has been convicted of a felony under opportunity to request a hearing within from manufacturers based in China. In Federal law for conduct relating to the the timeframe prescribed by regulation. addition, Mr. Lewicki set up various importation into the United States of As of November 19, 2019 (30 days after post office boxes at private carriers in any drug or controlled substance. FDA receipt of the notice), Mr. Dong has not the Eastern District of Virginia. The finds that the offense should be responded. Mr. Dong’s failure to Chinese based manufacturers delivered accorded a debarment period of 5 years. respond and request a hearing vials of HGH from China to Mr. Lewicki As a result of the foregoing finding, constitutes a waiver of his right to a at post office boxes he set up. Mr. pursuant to section 306(b)(1)(D) of the hearing concerning this matter. Lewicki received approximately 90 FD&C Act, Mr. Lewicki is debarred for DATES: This order is applicable March packages from Chinese manufacturers, a period of 5 years from importing or 17, 2020. each containing 200 vials of HGH. Mr. offering for import any drug into the ADDRESSES: Submit applications for Lewicki would then sell these vials to United States, effective (see DATES). termination of debarment to the Dockets individual customers throughout the Pursuant to section 301(cc) of the FD&C Management Staff, Food and Drug United States for bodybuilding and Act (21 U.S.C. 331(cc)), the importing or Administration, 5630 Fishers Lane, Rm. other unapproved purposes. Mr. offering for import into the United 1061, Rockville, MD 20852. Lewicki’s actions were in violation of 18 States of any drug by, with the FOR FURTHER INFORMATION CONTACT: U.S.C. 371 and 21 U.S.C. 333(e) (section assistance of, or at the direction of, Mr. Jaime Espinosa, Division of 303(e) of the FD&C Act). Lewicki is a prohibited act. As a result of this conviction FDA Any application by Mr. Lewicki for Enforcement, Office of Strategic sent Mr. Lewicki, by certified mail on termination of debarment under section Planning and Operational Policy, Office September 25, 2019, a notice proposing 306(d)(1) of the FD&C Act should be of Regulatory Affairs, Food and Drug to debar him for 5 years from importing identified with Docket No. FDA–2019– Administration, 12420 Parklawn Dr., or offering for import any drug into the N–3131 and sent to the Dockets Rockville, MD 20857, or at debarments@ fda.hhs.gov. United States. The proposal was based Management Staff (see ADDRESSES). All on a finding under section 306(b)(3)(C) such submissions are to be filed in four SUPPLEMENTARY INFORMATION: of the FD&C Act that Mr. Lewicki’s copies. The public availability of I. Background felony conviction for conspiracy in information in these submissions is violation of 18 U.S.C. 371 and section governed by 21 CFR 10.20. Section 306(b)(1)(C) of the FD&C Act 303(e) of the FD&C Act was for conduct Publicly available submissions will be (21 U.S.C. 335a(b)(1)(C)) permits FDA to relating to the importation into the placed in the docket, and will be debar an individual from importing an United States of any drug or controlled viewable at http://www.regulations.gov article of food or offering such an article substance because on multiple or at the Dockets Management Staff (see for import into the United States if FDA occasions, he imported HGH from China ADDRESSES) between 9 a.m. and 4 p.m., finds, as required by section and conspired to distribute it within the Monday through Friday. 306(b)(3)(A) of the FD&C Act, that the United States. In proposing a debarment individual has been convicted of a period, FDA weighed the considerations Dated: March 11, 2020. felony for conduct relating to the set forth in section 306(c)(3) of the Lowell J. Schiller, importation into the United States of FD&C Act that it considered applicable Principal Associate Commissioner for Policy. any food. to Mr. Lewicki’s offense and, for the [FR Doc. 2020–05449 Filed 3–16–20; 8:45 am] On December 20, 2018, Mr. Dong was reasons detailed in the notice, BILLING CODE 4164–01–P convicted as defined in section

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306(l)(1)(A) of the FD&C Act, in the date of receipt of the letter in which to DEPARTMENT OF HEALTH AND United States District Court for the file the request, and advised him that HUMAN SERVICES Northern District of Texas Dallas failure to request a hearing constituted Division, when the court entered a waiver of the opportunity for a hearing Food and Drug Administration judgment against him for the offense of and of any contentions concerning this Mail Fraud in violation of 18 U.S.C. action. Mr. Dong failed to respond [Docket No. FDA–2020–N–0419] 1343. within the timeframe prescribed by FDA’s finding that the debarment is regulation and has, therefore, waived Pan American Laboratories, LLC, et al.; appropriate is based on the felony his opportunity for a hearing and Withdrawal of Approval of Three New conviction referenced herein. The waived any contentions concerning his Drug Applications factual basis for this conviction is as debarment (21 CFR part 12). follows: As contained in the Factual AGENCY: Food and Drug Administration, Resume in his case, filed on March 12, II. Findings and Order HHS. 2018, Mr. Dong, along with other ACTION: Notice. employees of his employer Genabolix Therefore, the Assistant USA, Inc. and Shanghai Yongyi Commissioner, Office of Human and SUMMARY: The Food and Drug Biotechnology Co., Ltd. (Genabolix), did Animal Food Operations, under section Administration (FDA) is withdrawing in or around February 2017, agree to sell 306(b)(1)(C) of the FD&C Act, under approval of three new drug applications synthetic stimulant ingredients, authority delegated to the Assistant (NDAs) from multiple holders of those including 1,4 Dimethylamylamine (1,4- Commissioner, finds that Mr. Dong has NDAs. The basis for the withdrawal is DMAA), to a purported dietary been convicted of a felony count under that these NDA holders have repeatedly supplement manufacturer. That Federal law for conduct relating to the failed to file required annual reports for manufacturer told Mr. Dong that the importation into the United States of an those NDAs. ingredients supplied by Mr. Dong would article of food and that he is subject to DATES: Approval is withdrawn as of not be accurately listed on the labels of a 5-year period of debarment. the finished dietary supplements March 17, 2020. produced with those ingredients. As Mr. As a result of the foregoing finding, FOR FURTHER INFORMATION CONTACT: Dong knew, the synthetic stimulant Mr. Dong is debarred for a period of 5 Kimberly S. Lehrfeld, Center for Drug ingredients would be omitted from the years from importing articles of food or Evaluation and Research, Food and ingredient label of the dietary offering such articles for import into the Drug Administration, 10903 New supplements so that American retailers United States, effective (see DATES). Hampshire Ave., Bldg. 51, Rm. 6226, would sell the product. Mr. Dong then Pursuant to section 301(cc) of the FD&C Silver Spring, MD 20993–0002, 301– sent unlabeled shipments of these Act (21 U.S.C. 331(cc)), the importing or 796–3137. ingredients to a third party in the offering for import into the United SUPPLEMENTARY INFORMATION: The United States. Subsequently, on June 8, States of an article of food by, with the 2017, Mr. Dong (along with others) holder of an approved application to assistance of, or at the direction of Mr. market a new drug for human use is caused 50kg of 1,3 Dimethylamylamine Dong is a prohibited act. (1,3-DMAA) to be shipped via required to submit annual reports to commercial carrier in interstate Any application by Mr. Dong for FDA concerning its approved commerce in the United States. termination of debarment under section application in accordance with § 314.81 As a result of this conviction, FDA 306(d)(1) of the FD&C Act should be (21 CFR 314.81). sent Mr. Dong, by certified mail on identified with Docket No. FDA–2019– In the Federal Register of November October 18, 2019, a notice proposing to N–3474 and sent to the Dockets 18, 2019 (84 FR 63661), FDA published debar him for a period of 5 years from Management Staff (see ADDRESSES). All a notice offering an opportunity for a importing articles of food or offering such submissions are to be filed in four hearing (NOOH) on a proposal to such articles for import into the United copies. The public availability of withdraw approval of these NDAs States. The proposal was based on a information in these submissions is because the holders of those NDAs had finding under section 306(b)(1)(C) of the governed by 21 CFR 10.20. repeatedly failed to submit the required FD&C Act that Mr. Dong’s felony annual reports for those NDAs. The Publicly available submissions will be conviction for Mail Fraud in violation of holders of the NDAs identified in table 18 U.S.C. 1343, constitutes conduct placed in the docket and will be 1 did not respond to the NOOH. Failure relating to the importation into the viewable at http://www.regulations.gov to file a written notice of participation United States of an article of food or at the Dockets Management Staff (see and request for hearing as required by because Mr. Dong unlawfully imported ADDRESSES) between 9 a.m. and 4 p.m., § 314.200 (21 CFR 314.200) constitutes synthetic stimulant ingredients which Monday through Friday. an election by those holders of the Mr. Dong then caused to be shipped in Dated: March 11, 2020. NDAs not to make use of the interstate commerce and ultimately Lowell J. Schiller, opportunity for a hearing concerning the used in dietary supplements that did proposal to withdraw approval of their Principal Associate Commissioner for Policy. not list the synthetic stimulants as an NDAs and a waiver of any contentions ingredient. [FR Doc. 2020–05443 Filed 3–16–20; 8:45 am] concerning the legal status of the drug The proposal was also based on a BILLING CODE 4164–01–P products. Therefore, FDA is determination, after consideration of the withdrawing approval of the three relevant factors set forth in section applications listed in table 1 of this 306(c)(3) of the FD&C Act, that Mr. Dong document. FDA notes that the NOOH should be subject to a 5-year period of also proposed to withdraw approval of debarment. The proposal also offered NDA 018663, but FDA has decided not Mr. Dong an opportunity to request a to pursue withdrawal of approval of this hearing, providing him 30 days from the NDA at this time.

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TABLE 1—APPROVED NDAS FOR WHICH REQUIRED REPORTS HAVE NOT BEEN SUBMITTED

Application No. Drug NDA holder

NDA 014217... Maolate (chlorphenesin carbamate) Tablet, 400 milligrams Pan American Laboratories, LLC, 4099 Highway 190, Cov- (mg). ington, LA 70433. NDA 020530... Iontocaine (epinephrine and lidocaine hydrochloride (HCl)) Iomed, Inc., 2441 South 3850 West, Suite A, Salt Lake City, Topical Solution, 0.01 mg/milliliter; 2%. UT 84120–9941. NDA 021504 ... LidoSite Topical System: LidoSite Patch (lidocaine HCl and Vyteris, Inc., 13–01 Pollitt Dr., Fair Lawn, NJ 07410. epinephrine topical iontophoretic patch) 10%/0.1% and LidoSite Controller.

FDA finds that the holders of the the timeframe prescribed by regulation Agreement, filed on January 8, 2019, NDAs listed in table 1 have repeatedly to show why he should not be debarred. from on or about March 2011 through failed to submit reports required by As of November 8, 2019 (30 days after November 2016, Mr. Dailey imported § 314.81. In addition, under § 314.200, receipt of the notice), Mr. Dailey had not hundreds of shipments of kratom into FDA finds that the holders of the NDAs responded. Mr. Dailey’s failure to the United States. To evade the lawful have waived any contentions respond and request a hearing regulatory authority of FDA, he concerning the legal status of the drug constitutes a waiver of his right to a instructed his foreign suppliers to label products. Therefore, under these hearing concerning this matter. shipments of bulk kratom with findings, approval of the NDAs listed in DATES: This order is applicable March materially false statements that table 1 and all amendments and 17, 2020. described the kratom as ‘‘incense,’’ supplements thereto are hereby ADDRESSES: Submit applications for ‘‘paint pigment,’’ and other substances withdrawn as of March 17, 2020.1 termination of debarment to the Dockets not regulated by the FDA. Mr. Dailey Dated: March 12, 2020. Management Staff, Food and Drug also provided the FDA (sometimes Lowell J. Schiller, Administration, 5630 Fishers Lane, through import brokers) materially false written descriptions of his bulk kratom Principal Associate Commissioner for Policy. Room 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: imports. After receiving the kratom, Mr. [FR Doc. 2020–05498 Filed 3–16–20; 8:45 am] Dailey then apportioned bulk shipments BILLING CODE 4164–01–P Jaime Espinosa (ELEM–4029), Division of Enforcement, Office of Strategic of kratom into smaller portions and Planning and Operational Policy, Office repackaged the kratom into smaller DEPARTMENT OF HEALTH AND of Regulatory Affairs, Food and Drug plastic bags at a location not registered HUMAN SERVICES Administration, 12420 Parklawn Dr., as a facility that manufactures, prepares, Rockville, MD 20857, 240–402–8743 or propagates, compounds, and processes Food and Drug Administration at [email protected]. drugs. Mr. Dailey then sold kratom products to hundreds of consumers SUPPLEMENTARY INFORMATION: [Docket No. FDA–2019–N–3310] through the United States through a I. Background Matthew Dailey: Final Debarment Order website he managed. The labeling of his Section 306(b)(1)(D) of the FD&C Act kratom products did not include any AGENCY: Food and Drug Administration, (21 U.S.C. 335a(b)(1)(D)) permits directions for use, such as indications, HHS. debarment of an individual from dosage instructions, methods of ACTION: Notice. importing or offering for import any administration, or contraindications. In drug into the United States if the FDA selling his kratom product, Mr. Dailey SUMMARY: The Food and Drug finds, as required by section 306(b)(3)(C) intended that consumers use his kratom Administration (FDA) is issuing an of the FD&C Act, that the individual has products as a ‘‘drug’’ within the order under the Federal Food, Drug, and been convicted of a felony for conduct meaning of section 201(g)(1) of the Cosmetic Act (FD&C Act) debarring relating to the importation into the FD&C Act (21 U.S.C. 321(g)(1)). Matthew Dailey for a period of 10 years United States of any drug or controlled Specifically, Mr. Dailey intended that from importing or offering for import substance. consumers use the kratom he imported any drug into the United States. FDA On May 8, 2019, Mr. Dailey was to treat and mitigate diseases, including bases this order on a finding that Mr. convicted as defined in section 306(l)(1) but not limited to chronic pain, Dailey was convicted, as defined in the of the FD&C Act, in the U.S. District fibromyalgia, opiate withdrawal, and FD&C Act, of one felony count under Court for the Eastern District of Lyme disease, and to affect the structure Federal law for introducing misbranded Michigan, when the court accepted his and function of the human body by drugs into interstate commerce and one plea of guilty and entered judgment taking the kratom products as felony count of importing merchandise against him for the offenses of substitutes for drugs of abuse and contrary to law. The factual basis introducing misbranded drugs into prescription pills. As stated in the supporting both felony convictions, as interstate commerce in violation of Stipulation of Facts, Mr. Dailey’s actions described below, is conduct relating to section 301(a) of the FD&C Act (21 were in violation of section 301(a) of the the importation into the United States of U.S.C. 331(a)) and importing FD&C Act and 18 U.S.C. 545. a drug or controlled substance. Mr. merchandise contrary to law in As a result of this conviction, FDA Dailey was given notice of the proposed violation of 18 U.S.C. 545. sent Mr. Dailey by certified mail on debarment and was given an The FDA’s finding that debarment is October 2, 2019, a notice proposing to opportunity to request a hearing within appropriate is based on the felony debar him for 2 consecutive 5-year convictions referenced herein. The periods (10 years) from importing or 1 Although it was not a factor in FDA’s determination, we note that all three drugs covered factual basis for these convictions is as offering for import any drug into the by these NDAs are in discontinued marketing follows: As contained in the Stipulation United States. The proposal was based status. of Facts incorporated into the Plea on a finding under section 306(b)(3)(C)

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of the FD&C Act that Mr. Dailey’s felony years from importing or offering for and Research, Food and Drug convictions for introducing misbranded import any drug into the United States, Administration, 10903 New Hampshire drugs into interstate commerce and effective (see DATES). Pursuant to section Ave., Bldg. 51, Rm. 6288, Silver Spring, importing merchandise contrary to law 301(cc) of the FD&C Act, the importing MD 20993–0002, 301–796–3977, were for conduct relating to the or offering for import into the United [email protected]. importation into the United States of States of any drug or controlled SUPPLEMENTARY INFORMATION: In 1984, any drug or controlled substance substance by, with the assistance of, or Congress enacted the Drug Price because he illegally imported kratom, a at the direction of Mr. Dailey is a Competition and Patent Term misbranded drug, for repackaging, sale, prohibited act. Restoration Act of 1984 (Pub. L. 98–417) and distribution to U.S. consumers. In Any application by Mr. Dailey for (the 1984 amendments), which proposing a debarment period, FDA termination of debarment under section authorized the approval of duplicate weighed the considerations set forth in 306(d)(1) of the FD&C Act should be versions of drug products under an section 306(c)(3) of the FD&C Act that identified with Docket No. FDA–2019– ANDA procedure. ANDA applicants it considered applicable to Mr. Dailey’s N–3310 and sent to the Dockets must, with certain exceptions, show that offenses, and concluded that each of Management Staff (see ADDRESSES). All the drug for which they are seeking these felony offenses independently such submissions are to be filed in four approval contains the same active warranted a 5-year period of debarment, copies. The public availability of ingredient in the same strength and and proposed that these debarment information in these submissions is dosage form as the ‘‘listed drug,’’ which periods be served consecutively under governed by 21 CFR 10.20(j). is a version of the drug that was section 306(c)(2)(A)(iii) of the FD&C Publicly available submissions will be previously approved. ANDA applicants Act. placed in the docket and will be do not have to repeat the extensive viewable at http://www.regulations.gov The proposal informed Mr. Dailey of clinical testing otherwise necessary to or at the Dockets Management Staff (see the proposed debarment and offered Mr. gain approval of a new drug application ADDRESSES) between 9 a.m. and 4 p.m., Dailey an opportunity to request a (NDA). hearing, providing him 30 days from the Monday through Friday. The 1984 amendments include what date of receipt of the letter in which to Dated: March 11, 2020. file the request, and advised him that is now section 505(j)(7) of the Federal Lowell J. Schiller, Food, Drug, and Cosmetic Act (21 U.S.C. failure to request a hearing constituted Principal Associate Commissioner for Policy. a waiver of the opportunity for a hearing 355(j)(7)), which requires FDA to [FR Doc. 2020–05450 Filed 3–16–20; 8:45 am] and of any contentions concerning this publish a list of all approved drugs. BILLING CODE 4164–01–P action. Mr. Dailey received the proposal FDA publishes this list as part of the and notice of opportunity for a hearing ‘‘Approved Drug Products With on October 7, 2019. Mr. Dailey failed to Therapeutic Equivalence Evaluations,’’ DEPARTMENT OF HEALTH AND which is known generally as the request a hearing within the timeframe HUMAN SERVICES prescribed by regulation and has, ‘‘Orange Book.’’ Under FDA regulations, drugs are removed from the list if the therefore, waived his opportunity for a Food and Drug Administration hearing and waived any contentions Agency withdraws or suspends concerning his debarment (21 CFR part [Docket No. FDA–2019–P–4523] approval of the drug’s NDA or ANDA 12). for reasons of safety or effectiveness or Determination That Potassium if FDA determines that the listed drug II. Findings and Order Chloride in 5% Dextrose and 0.225% was withdrawn from sale for reasons of Sodium Chloride Injection, 5 Therefore, the Assistant safety or effectiveness (21 CFR 314.162). Milliequivalents, 10 Milliequivalents, 15 A person may petition the Agency to Commissioner, Office of Human and Milliequivalents, 20 Milliequivalents, 30 Animal Food Operations, under section determine, or the Agency may Milliequivalents, and 40 determine on its own initiative, whether 306(b)(3)(C) of the FD&C Act, under Milliequivalents, in Plastic Containers, authority delegated to the Assistant a listed drug was withdrawn from sale Were Not Withdrawn From Sale for for reasons of safety or effectiveness. Commissioner, finds that Mr. Dailey has Reasons of Safety or Effectiveness been convicted of two felony counts This determination may be made at any under Federal law for conduct relating AGENCY: Food and Drug Administration, time after the drug has been withdrawn to the importation into the United States HHS. from sale, but must be made prior to of any drug or controlled substance. ACTION: Notice. approving an ANDA that refers to the FDA finds that each offense should be listed drug (§ 314.161 (21 CFR 314.161)). accorded a debarment period of 5 years. SUMMARY: The Food and Drug FDA may not approve an ANDA that Under section 306(c)(2)(A)(iii) of the Administration (FDA or Agency) has does not refer to a listed drug. FD&C Act, in the case of a person determined that the potassium chloride The drug products listed in table 1 of debarred for multiple offenses, FDA drug products listed in this notice were this notice are no longer being shall determine whether the periods of not withdrawn from sale for reasons of marketed. All the products listed in debarment shall run concurrently or safety or effectiveness. This table 1 are the subject of NDA 018365, consecutively. FDA has concluded that determination will allow FDA to held by ICU Medical, Inc., and initially the 5-year period of debarment for each approve abbreviated new drug approved on May 29, 1980. The of the 2 offenses of conviction needs to applications (ANDAs) that refer to these products are indicated in patients be served consecutively, resulting in a drug products, if all other legal and requiring parenteral administration of total debarment period of 10 years. regulatory requirements are met. potassium chloride with minimal As a result of the foregoing finding, FOR FURTHER INFORMATION CONTACT: carbohydrate calories and sodium Mr. Dailey is debarred for a period of 10 Linda Jong, Center for Drug Evaluation chloride.

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TABLE 1

Drug Dosage form/route Strength

Potassium Chloride (5 milliequivalents (mEq)) in 5% Injectable/Injection ...... 5 grams (g)/100 milliliters (mL); 74.5 milligrams (mg)/ dextrose and 0.225% sodium chloride, in plastic con- 100 mL; 225 mg/100 mL. tainer. Potassium Chloride (5 mEq) in 5% dextrose and 0.225% Do ...... 5 g/100 mL; 149 mg/100 mL; 225 mg/100 mL. sodium chloride, in plastic container. Potassium Chloride (10 mEq) in 5% dextrose and Do ...... 5 g/100 mL; 74.5 mg/100 mL; 225 mg/100 mL. 0.225% sodium chloride, in plastic container. Potassium Chloride (10 mEq) in 5% dextrose and Do ...... 5 g/100 mL; 149 mg/100 mL; 225 mg/100 mL. 0.225% sodium chloride, in plastic container. Potassium Chloride (15 mEq) in 5% dextrose and Do ...... 5 g/100 mL; 224 mg/100 mL; 225 mg/100 mL. 0.225% sodium chloride, in plastic container. Potassium Chloride (20 mEq) in 5% dextrose and Do ...... 5 g/100 mL; 298 mg/100 mL; 225 mg/100 mL. 0.225% sodium chloride, in plastic container. Potassium Chloride (30 mEq) in 5% dextrose and Do ...... 5 g/100 mL; 224 mg/100 mL; 225 mg/100 mL. 0.225% sodium chloride, in plastic container. Potassium Chloride (40 mEq) in 5% dextrose and Do ...... 5 g/100 mL; 298 mg/100 mL; 225 mg/100 mL. 0.225% sodium chloride, in plastic container.

The products listed in table 1 are product should be revised to meet notice), Mr. Jodoin had not responded. currently listed in the ‘‘Discontinued current standards, the Agency will Mr. Jodoin’s failure to respond and Drug Product List’’ section of the Orange advise ANDA applicants to submit such request a hearing constitutes a waiver of Book. Fresenius Kabi USA, LLC, labeling. his right to a hearing concerning this submitted a citizen petition dated Dated: March 11, 2020. matter. September 26, 2019 (Docket No. FDA– Lowell J. Schiller, DATES: This order is applicable March 2019–P–4523), under 21 CFR 10.30, 17, 2020. requesting that the Agency determine Principal Associate Commissioner for Policy. whether the products listed in table 1 [FR Doc. 2020–05442 Filed 3–16–20; 8:45 am] ADDRESSES: Submit applications for were withdrawn from sale for reasons of BILLING CODE 4164–01–P termination of debarment to the Dockets safety or effectiveness. Management Staff, Food and Drug After considering the citizen petition Administration, 5630 Fishers Lane, Rm. and reviewing Agency records and DEPARTMENT OF HEALTH AND 1061, Rockville, MD 20852. based on the information we have at this HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: Jaime Espinosa, Division of time, FDA has determined under Food and Drug Administration § 314.161 that the potassium chloride Enforcement, Office of Strategic drug products listed in this notice were [Docket No. FDA–2019–N–2734] Planning and Operational Policy, Office not withdrawn for reasons of safety or of Regulatory Affairs, Food and Drug effectiveness. The petitioner has Robert Richard Jodoin: Final Administration, 12420 Parklawn Dr., identified no data or other information Debarment Order Rockville, MD 20857, 240–402–8743, or suggesting that the potassium chloride AGENCY: Food and Drug Administration, at, [email protected]. drug products listed in this notice were HHS. SUPPLEMENTARY INFORMATION: withdrawn for reasons of safety or ACTION: Notice. effectiveness. We have carefully I. Background reviewed our files for records SUMMARY: The Food and Drug Section 306(b)(1)(D) of the FD&C Act concerning the withdrawal of the Administration (FDA) is issuing an (21 U.S.C. 335a(b)(1)(D)) permits potassium chloride drug products listed order under the Federal Food, Drug, and debarment of an individual from in this notice from sale. We have also Cosmetic Act (FD&C Act) debarring importing or offering for import any independently evaluated relevant Robert Richard Jodoin for a period of 5 drug into the United States if FDA finds, literature and data for possible years from importing any drug into the as required by section 306(b)(3)(C) of the postmarketing adverse events. We have United States. FDA bases this order on FD&C Act, that the individual has been found no information that would a finding that Mr. Jodoin was convicted, convicted of a felony for conduct indicate that the potassium chloride as defined in the FD&C Act, of one relating to the importation into the drug products listed in this notice were felony count under Federal law for United States of any drug or controlled withdrawn from sale for reasons of unlawfully importing and attempting to substance. safety or effectiveness. import a controlled substance into the On February 25, 2019, Mr. Jodoin was Accordingly, the Agency will United States. The factual basis convicted as defined in section continue to list the potassium chloride supporting the conviction, as described 306(l)(1)(B) of the FD&C Act, in the drug products listed in this notice, in below, is conduct relating to the United States District Court for the the ‘‘Discontinued Drug Product List’’ importation into the United States of a Middle District of Florida, Jackson section of the Orange Book. The drug or controlled substance. Mr. Jodoin Division, when the court accepted his ‘‘Discontinued Drug Product List’’ was given notice of the proposed plea of guilty and entered judgment delineates, among other items, drug debarment and, in accordance with the against him for multiple offenses, one of products that have been discontinued FD&C Act, was given an opportunity to which is relevant to this debarment. from marketing for reasons other than request a hearing to show why he Specifically, FDA’s finding that safety or effectiveness. If FDA should not be debarred. As of November debarment is appropriate is based on determines that labeling for this drug 9, 2019 (30 days after receipt of the Mr. Jodoin’s felony conviction for

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knowingly and intentionally attempting U.S.C. 331(cc)), the importing or www.hrsa.gov/vaccinecompensation/ to import into the United States a offering for import into the United index.html. mixture and substance containing a States of any drug or controlled SUPPLEMENTARY INFORMATION: The detectable amount of gamma- substance by, with the assistance of, or Program provides a system of no-fault Hydroxybutyric Acid, a Schedule I at the direction of Mr. Jodoin is a compensation for certain individuals controlled substance in violation of 21 prohibited act. who have been injured by specified Any application by Mr. Jodoin for U.S.C. 952(a), 960(a)(1), 960(b)(3), and childhood vaccines. Subtitle 2 of Title termination of debarment under section 963 on or about April 16, 2018, as XXI of the PHS Act, 42 U.S.C. 300aa– 306(d)(1) of the FD&C Act should be described in the Superseding 10 et seq., provides that those seeking identified with Docket No. FDA–2019– Indictment in his case dated October 10, compensation are to file a petition with 2018. N–2734 and sent to the Dockets the United States Court of Federal As a result of this conviction, FDA Management Staff (see ADDRESSES). All Claims and to serve a copy of the sent Mr. Jodoin by certified mail on such submissions are to be filed in four petition to the Secretary of HHS, who is September 25, 2019, a notice proposing copies. The public availability of named as the respondent in each to debar him for 5 years from importing information in these submissions is proceeding. The Secretary has delegated or offering for import any drug into the governed by 21 CFR 10.20. this responsibility under the Program to United States. The proposal was based Publicly available submissions will be HRSA. The Court is directed by statute on a finding under section 306(b)(3)(C) placed in the docket and will be to appoint special masters who take of the FD&C Act that Mr. Jodoin’s felony viewable at https://www.regulations.gov evidence, conduct hearings as conviction was for conduct relating to or at the Dockets Management Staff (see appropriate, and make initial decisions the importation into the United States of ADDRESSES) between 9 a.m. and 4 p.m., as to eligibility for, and amount of, any drug or controlled substance Monday through Friday. compensation. because he smuggled into the United Dated: March 11, 2020. States a Schedule I controlled A petition may be filed with respect Lowell J. Schiller, substance. In proposing a debarment to injuries, disabilities, illnesses, period, FDA weighed the considerations Principal Associate Commissioner for Policy. conditions, and deaths resulting from set forth in section 306(c)(3) of the [FR Doc. 2020–05444 Filed 3–16–20; 8:45 am] vaccines described in the Vaccine Injury FD&C Act that it considered applicable BILLING CODE 4164–01–P Table (the Table) set forth at 42 CFR to Mr. Jodoin’s offense and concluded 100.3. This Table lists for each covered Mr. Jodoin’s felony offense warranted a childhood vaccine the conditions that 5-year period of debarment. DEPARTMENT OF HEALTH AND may lead to compensation and, for each The proposal informed Mr. Jodoin of HUMAN SERVICES condition, the time period for occurrence of the first symptom or the proposed debarment and offered Mr. Health Resources and Services Jodoin an opportunity to request a manifestation of onset or of significant Administration hearing, providing him 30 days from the aggravation after vaccine administration. Compensation may also date of receipt of the letter in which to National Vaccine Injury Compensation be awarded for conditions not listed in file the request, and advised him that Program; List of Petitions Received failure to request a hearing constituted the Table and for conditions that are a waiver of the opportunity for a hearing AGENCY: Health Resources and Services manifested outside the time periods and of any contentions concerning this Administration (HRSA), Department of specified in the Table, but only if the action. Mr. Jodoin received the proposal Health and Human Services (HHS). petitioner shows that the condition was and notice of opportunity for a hearing ACTION: Notice. caused by one of the listed vaccines. on October 8, 2019. Mr. Jodoin failed to Section 2112(b)(2) of the PHS Act, 42 request a hearing within the timeframe SUMMARY: HRSA is publishing this U.S.C. 300aa–12(b)(2), requires that prescribed by regulation and has, notice of petitions received under the ‘‘[w]ithin 30 days after the Secretary therefore, waived his opportunity for a National Vaccine Injury Compensation receives service of any petition filed hearing and waived any contentions Program (the Program), as required of under section 2111 the Secretary shall concerning his debarment (21 CFR part the Public Health Service (PHS) Act, as publish notice of such petition in the 12). amended. While the Secretary of HHS is Federal Register.’’ Set forth below is a named as the respondent in all list of petitions received by HRSA on II. Findings and Order proceedings brought by the filing of February 1, 2020, through February 29, Therefore, the Assistant petitions for compensation under the 2020. This list provides the name of Commissioner, Office of Human and Program, the United States Court of petitioner, city and state of vaccination Animal Food Operations, under section Federal Claims is charged by statute (if unknown then city and state of 306(b)(3)(C) of the FD&C Act, under with responsibility for considering and person or attorney filing claim), and authority delegated to the Assistant acting upon the petitions. case number. In cases where the Court Commissioner, finds that Mr. Jodoin has FOR FURTHER INFORMATION CONTACT: For has redacted the name of a petitioner been convicted of a felony under information about requirements for and/or the case number, the list reflects Federal law for conduct relating to the filing petitions, and the Program in such redaction. importation into the United States of general, contact Lisa L. Reyes, Clerk of Section 2112(b)(2) also provides that any drug or controlled substance. FDA Court, United States Court of Federal the special master ‘‘shall afford all finds that this offense should be Claims, 717 Madison Place NW, interested persons an opportunity to accorded a debarment period of 5 years. Washington, DC 20005, (202) 357–6400. submit relevant, written information’’ As a result of the foregoing finding, For information on HRSA’s role in the relating to the following: Mr. Jodoin is debarred for a period of 5 Program, contact the Director, National 1. The existence of evidence ‘‘that years from importing or offering for Vaccine Injury Compensation Program, there is not a preponderance of the import any drug into the United States, 5600 Fishers Lane, Room 08N146B, evidence that the illness, disability, effective (see DATES). Pursuant to Rockville, Maryland 20857; (301) 443– injury, condition, or death described in section 301(cc) of the FD&C Act (21 6593, or visit our website at: http:// the petition is due to factors unrelated

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to the administration of the vaccine Federal Claims No: 20–0134V 39. John Holloway, Oakland, California, described in the petition,’’ and 10. Ronald Piccolotti, Dallas, Texas, Court of Court of Federal Claims No: 20–0184V 2. Any allegation in a petition that the Federal Claims No: 20–0135V 40. Marylou LaLonde, Boston, Massachusetts, petitioner either: 11. Christine Schultz, Frederick, Maryland, Court of Federal Claims No: 20–0186V Court of Federal Claims No: 20–0136V 41. Gary Allen, Idaho Springs, Colorado, a. ‘‘[S]ustained, or had significantly 12. Katherine Mensinger on behalf of The Court of Federal Claims No: 20–0187V aggravated, any illness, disability, Estate of Thomas Mensinger, Deceased, 42. Rina Schnaufer, Rochester, New York, injury, or condition not set forth in the Benton Harbor, Michigan, Court of Court of Federal Claims No: 20–0189V Vaccine Injury Table but which was Federal Claims No: 20–0138V 43. Rodney Koehl, Peoria, Illinois, Court of caused by’’ one of the vaccines referred 13. Katelyn Uglialoro on behalf of LinMarie Federal Claims No: 20–0190V to in the Table, or Uglialoro, Hershey, Pennsylvania, Court 44. Gelacio Valdez, Dixon, Illinois, Court of b. ‘‘[S]ustained, or had significantly of Federal Claims No: 20–0139V Federal Claims No: 20–0191V aggravated, any illness, disability, 14. Carol Joan Gonzales, Puyallup, 45. Montana Smithey on behalf of E. S., injury, or condition set forth in the Washington, Court of Federal Claims No: Burlington, North Carolina, Court of 20–0140V Federal Claims No: 20–0192V Vaccine Injury Table the first symptom 15. Neil Silver, New York, New York, Court 46. Joseph Dweck, Brooklyn, New York, or manifestation of the onset or of Federal Claims No: 20–0141V Court of Federal Claims No: 20–0193V significant aggravation of which did not 16. Jeffrey E. Olson, Deceased, Waupun, 47. Jennifer Bonilla-Edgington, Stroudsburg, occur within the time period set forth in Wisconsin, Court of Federal Claims No: Pennsylvania, Court of Federal Claims the Table but which was caused by a 20–0142V No: 20–0194V vaccine’’ referred to in the Table. 17. Joel Miles, Green Bay, Wisconsin, Court 48. Brenda Anderson, Grand Rapids, In accordance with Section of Federal Claims No: 20–0146V Michigan, Court of Federal Claims No: 2112(b)(2), all interested persons may 18. Enye McHugh on behalf of S. M., 20–0195V Madison, Wisconsin, Court of Federal 49. Betty A. Dennis on behalf of Estate of submit written information relevant to Claims No: 20–0148V Richard P. Dennis, Deceased, La Crosse, the issues described above in the case of 19. Francis E. Sethman, Jr., Greensboro, Wisconsin, Court of Federal Claims No: the petitions listed below. Any person North Carolina, Court of Federal Claims 20–0198V choosing to do so should file an original No: 20–0149V 50. Nicole Matley, Monroe, Wisconsin, Court and three (3) copies of the information 20. Nancy Bender-Kelner, Shorewood, of Federal Claims No: 20–0199V with the Clerk of the United States Minnesota, Court of Federal Claims No: 51. Betty Davis, Decatur, Texas, Court of Court of Federal Claims at the address 20–0151V Federal Claims No: 20–0201V listed above (under the heading FOR 21. Maureen Miller, Berkeley, California, 52. Esther Reeves, Naples, Florida, Court of Court of Federal Claims No: 20–0152V Federal Claims No: 20–0202V FURTHER INFORMATION CONTACT), with a 22. Sarah Eichorn, Des Moines, Iowa, Court 53. Sandeep Bains, Abington, Pennsylvania, copy to HRSA addressed to Director, of Federal Claims No: 20–0154V Court of Federal Claims No: 20–0203V Division of Injury Compensation 23. Rebecca Viancourt, Cleveland, Ohio, 54. John Davenport, Tucson, Arizona, Court Programs, Healthcare Systems Bureau, Court of Federal Claims No: 20–0155V of Federal Claims No: 20–0206V 5600 Fishers Lane, 08N146B, Rockville, 24. Heidi M. Brill on behalf of A. B., Fond 55. Phyllis Doyle, Seattle, Washington, Court Maryland 20857. The Court’s caption du Lac, Wisconsin, Court of Federal of Federal Claims No: 20–0207V (Petitioner’s Name v. Secretary of HHS) Claims No: 20–0156V 56. David Carpenter, Jr., Nashville, and the docket number assigned to the 25. Mario A. Flores, Jr., Harlingen, Texas, Tennessee, Court of Federal Claims No: petition should be used as the caption Court of Federal Claims No: 20–0157V 20–0208V for the written submission. Chapter 35 26. Pamela M. Leathers, Camas, Washington, 57. Tracy Sue Beach, Newark, Ohio, Court of Court of Federal Claims No: 20–0162V Federal Claims No: 20–0209V of title 44, United States Code, related 27. Ania Oliva-Guedes, Rochester, New York, 58. Lindsay Corum on behalf of the Estate of to paperwork reduction, does not apply Court of Federal Claims No: 20–0165V Stephen M. Corum, Deceased on behalf to information required for purposes of 28. Julie Lechner, Aberdeen, South Dakota, of the Estate of Marshall Wayne Corum, carrying out the Program. Court of Federal Claims No: 20–0170V Deceased, Henderson, Kentucky, Court Dated: March 11, 2020. 29. Helane Stein, Conshohocken, of Federal Claims No: 20–0210V Pennsylvania, Court of Federal Claims 59. Trina Lower, Moose Lake, Minnesota, Thomas J. Engels, No: 20–0171V Court of Federal Claims No: 20–0211V Administrator. 30. Lee Ann Sender, Washington, District of 60. Robert Clendaniel, Millville, New Jersey, List of Petitions Filed Columbia, Court of Federal Claims No: Court of Federal Claims No: 20–0213V 20–0172V 61. Wayne Phillip Anderson, Bellevue, 1. Megan Sebasky, Madison, Wisconsin, 31. Jeffrey Horning, Washington, District of Washington, Court of Federal Claims No: Court of Federal Claims No: 20–0122V Columbia, Court of Federal Claims No: 20–0214V 2. Dorothy Stradford, Hillside, New Jersey, 20–0173V 62. Patricia Alex Freeman, North Bend, Court of Federal Claims No: 20–0124V 32. Jakeisha Saville, Dallas, Texas, Court of Washington, Court of Federal Claims No: 3. Tammie Attaway, Salinas, California, Federal Claims No: 20–0174V 20–0215V Court of Federal Claims No: 20–0125V 33. Robert Introini, Mansfield, 63. Raymond Small, Harleysville, 4. Linda Fletcher, Port St. Lucie, Florida, Massachusetts, Court of Federal Claims Pennsylvania, Court of Federal Claims Court of Federal Claims No: 20–0127V No: 20–0176V No: 20–0216V 5. Michael Cook, Zionsville, Indiana, Court of 34. Dustin Gibson, Humboldt, Iowa, Court of 64. Susie Bjalobok, Pittsburgh, Pennsylvania, Federal Claims No: 20–0128V Federal Claims No: 20–0177V Court of Federal Claims No: 20–0217V 6. Tammy Kleyle on behalf of A. N. K., 35. Kamalika Saha, Cambridge, 65. Jennifer Kilgrow, Salt Lake City, Utah, Marrero, Louisiana, Court of Federal Massachusetts, Court of Federal Claims Court of Federal Claims No: 20–0218V Claims No: 20–0129V No: 20–0178V 66. Ignacio Montes, Fontana, California, 7. Julia Conroy, Tucson, Arizona, Court of 36. Leticia Palencia on behalf of C. A. P., Court of Federal Claims No: 20–0219V Federal Claims No: 20–0131V Harlingen, Texas, Court of Federal 67. Adam Mackay, Dresher, Pennsylvania, 8. Edwin John Sherry and Kimberly Diane Claims No: 20–0180V Court of Federal Claims No: 20–0220V Sherry on behalf of Anjalie Leana-Rose 37. John Gavin, Washington, District of 68. Patricia Lopez, Brownsville, Texas, Court Sherry, Deceased, Charlotte, North Columbia, Court of Federal Claims No: of Federal Claims No: 20–0223V Carolina, Court of Federal Claims No: 20–0181V 69. Selina Villafranca on behalf of N. L. V., 20–0132V 38. Hilary Harris, Washington, District of Brownsville, Texas, Court of Federal 9. Dan Noel and Haley Noel on behalf of H. Columbia, Court of Federal Claims No: Claims No: 20–0224V N., Colorado Springs, Colorado, Court of 20–0182V 70. Kim Warner on behalf of D. W., Dublin,

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Ohio, Court of Federal Claims No: 20– enacted on March 13, 2013. Among requires a sustained, coordinated 0225V other things, PAHPRA added sections proactive response by the Government 71. Shannon Pyers, Dresher, Pennsylvania, 564A and 564B to the Federal Food, in order to contain and mitigate the Court of Federal Claims No: 20–0231V Drug, and Cosmetic (FD&C) Act to spread of COVID–19.2 72. Lisa Macon, Englewood, New Jersey, provide new authorities for the Court of Federal Claims No: 20–0232V Description of This Declaration by emergency use of approved products in Section [FR Doc. 2020–05525 Filed 3–16–20; 8:45 am] emergencies and products held for BILLING CODE 4165–15–P emergency use. PAHPRA accordingly Section I. Determination of Public amended the definitions of ‘‘Covered Health Emergency or Credible Risk of Countermeasures’’ and ‘‘qualified Future Public Health Emergency DEPARTMENT OF HEALTH AND pandemic and epidemic products’’ in HUMAN SERVICES Before issuing a Declaration under the Section 319F–3 of the Public Health PREP Act, the Secretary is required to Office of the Secretary Service Act (PREP Act provisions), so determine that a disease or other health that products made available under condition or threat to health constitutes Declaration Under the Public these new FD&C Act authorities could a public health emergency or that there Readiness and Emergency be covered under PREP Act is a credible risk that the disease, Preparedness Act for Medical Declarations. PAHPRA also extended condition, or threat may constitute such Countermeasures Against COVID–19 the definition of qualified pandemic and an emergency. This determination is epidemic products that may be covered separate and apart from the Declaration ACTION: Notice of declaration. under a PREP Act Declaration to include issued by the Secretary on January 31, products or technologies intended to 2020 under Section 319 of the PHS Act SUMMARY: The Secretary is issuing this enhance the use or effect of a drug, that a disease or disorder presents a Declaration pursuant to section 319F–3 biological product, or device used public health emergency or that a public of the Public Health Service Act to against the pandemic or epidemic or health emergency, including significant provide liability immunity for activities against adverse events from these outbreaks of infectious diseases or related to medical countermeasures products. bioterrorist attacks, otherwise exists, or against COVID–19. COVID–19 is an acute respiratory other Declarations or determinations DATES: The Declaration was effective as disease caused by the SARS-CoV-2 made under other authorities of the of February 4, 2020. betacoronavirus or a virus mutating Secretary. Accordingly in Section I of FOR FURTHER INFORMATION CONTACT: therefrom. This virus is similar to other the Declaration, the Secretary Robert P. Kadlec, MD, MTM&H, MS, betacoronaviruses, such as Middle determines that the spread of SARS- Assistant Secretary for Preparedness Eastern Respiratory Syndrome (MERS) CoV-2 or a virus mutating therefrom and and Response, Office of the Secretary, and Severe Acute Respiratory Syndrome the resulting disease, COVID–19, Department of Health and Human (SARS). Although the complete clinical constitutes a public health emergency Services, 200 Independence Avenue picture regarding SARS-CoV-2 or a virus for purposes of this Declaration under SW, Washington, DC 20201; Telephone: mutating therefrom is not fully the PREP Act. 202–205–2882. understood, the virus has been known to cause severe respiratory illness and Section II. Factors Considered by the SUPPLEMENTARY INFORMATION: The death in a subset of those people Secretary Public Readiness and Emergency infected with such virus(es). Preparedness Act (PREP Act) authorizes In deciding whether and under what In December 2019, the novel circumstances to issue a Declaration the Secretary of Health and Human coronavirus was detected in Wuhan Services (the Secretary) to issue a with respect to a Covered City, Hubei Province, China. Today, Countermeasure, the Secretary must Declaration to provide liability over 101 countries, including the United immunity to certain individuals and consider the desirability of encouraging States have reported multiple cases. the design, development, clinical testing entities (Covered Persons) against any Acknowledging that cases had been claim of loss caused by, arising out of, or investigation, manufacture, labeling, reported in five WHO regions in one distribution, formulation, packaging, relating to, or resulting from the month, on January 30, 2020, WHO manufacture, distribution, marketing, promotion, sale, purchase, declared the COVID–19 outbreak to be donation, dispensing, prescribing, administration, or use of medical a Public Health Emergency of countermeasures (Covered administration, licensing, and use of the International Concern (PHEIC) following countermeasure. In Section II of the Countermeasures), except for claims a second meeting of the Emergency involving ‘‘willful misconduct’’ as Declaration, the Secretary states that he Committee convened under the has considered these factors. defined in the PREP Act. This International Health Regulations (IHR). Declaration is subject to amendment as To date, United States traveler- Section III. Activities Covered by This circumstances warrant. associated cases have been identified in Declaration Under the PREP Act’s The PREP Act was enacted on a number of States and community- Liability Immunity December 30, 2005, as Public Law 109– based transmission is suspected. On The Secretary must delineate the 148, Division C, Section 2. It amended January 31, 2020, Secretary Azar activities for which the PREP Act’s the Public Health Service (PHS) Act, declared a public health emergency liability immunity is in effect. These adding Section 319F–3, which pursuant to section 319 of the PHS Act, activities may include, under conditions addresses liability immunity, and 42 U.S.C. 247d, for the entire United as the Secretary may specify, the Section 319F–4, which creates a States to aid in the nation’s health care manufacture, testing, development, compensation program. These sections community response to the COVID–19 distribution, administration, or use of are codified at 42 U.S.C. 247d-6d and 42 outbreak.1 The outbreak remains a one or more Covered Countermeasures U.S.C. 247d–6e, respectively. significant public health challenge that The Pandemic and All-Hazards 2 CDC COVID–19 Summary; https://www.cdc.gov/ Preparedness Reauthorization Act 1 https://www.phe.gov/emergency/news/ coronavirus/2019-ncov/summary.html, accessed (PAHPRA), Public Law 113–5, was healthactions/phe/Pages/2019-nCoV.aspx. 27Feb2020,

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(Recommended Activities). In Section common carriers; contract carriers; air A qualified pandemic or epidemic III of the Declaration, the Secretary sets carriers; own-label distributors; private- product means a drug or device, as out the activities for which the label distributors; jobbers; brokers; defined in the FD&C Act or a biological immunity is in effect. warehouses and wholesale drug product, as defined in the PHS Act that warehouses; independent wholesale is (i) manufactured, used, designed, Section IV. Limited Immunity drug traders; and retail pharmacies. developed, modified, licensed or The Secretary must also state that A program planner means a state or procured to diagnose, mitigate, prevent, liability protections available under the local government, including an Indian treat, or cure a pandemic or epidemic or PREP Act are in effect with respect to tribe; a person employed by the state or limit the harm such a pandemic or the Recommended Activities. These local government; or other person who epidemic might otherwise cause; (ii) liability protections provide that, supervises or administers a program manufactured, used, designed, ‘‘[s]ubject to other provisions of [the with respect to the administration, developed, modified, licensed, or PREP Act], a covered person shall be dispensing, distribution, provision, or procured to diagnose, mitigate, prevent, immune from suit and liability under use of a Covered Countermeasure, treat, or cure a serious or life- federal and state law with respect to all including a person who establishes threatening disease or condition caused claims for loss caused by, arising out of, requirements, provides policy guidance, by such a drug, biological product, or relating to, or resulting from the or supplies technical or scientific advice device; (iii) or a product or technology administration to or use by an or assistance or provides a facility to intended to enhance the use or effect of individual of a covered countermeasure administer or use a Covered such a drug, biological product, or if a Declaration has been issued with Countermeasure in accordance with the device. respect to such countermeasure.’’ In Secretary’s Declaration. Under this A security countermeasure is a drug Section IV of the Declaration, the definition, a private sector employer or or device, as defined in the FD&C Act Secretary states that liability protections community group or other ‘‘person’’ can or a biological product, as defined in the are in effect with respect to the be a program planner when it carries out PHS Act that (i)(a) The Secretary Recommended Activities. the described activities. determines to be a priority to diagnose, mitigate, prevent, or treat harm from any Section V. Covered Persons A qualified person means a licensed biological, chemical, radiological, or health professional or other individual Section V of the Declaration describes nuclear agent identified as a material authorized to prescribe, administer, or Covered Persons, including Qualified threat by the Secretary of Homeland dispense Covered Countermeasures Persons. The PREP Act defines Covered Security, or (b) to diagnose, mitigate, under the law of the state in which the Persons to include, among others, the prevent, or treat harm from a condition Covered Countermeasure was United States, and those that that may result in adverse health manufacturer, distribute, administer, prescribed, administered, or dispensed; consequences or death and may be prescribe or use Covered or a person within a category of persons caused by administering a drug, Countermeasures. This Declaration identified as qualified in the Secretary’s biological product, or device against includes all persons and entities defined Declaration. Under this definition, the such an agent; and (ii) is determined by as Covered Persons under the PREP Act Secretary can describe in the the Secretary of Health and Human (PHS Act 317F–3(i)(2)) as well as others Declaration other qualified persons, Services to be a necessary set out in paragraphs (3), (4), (6), (8)(A) such as volunteers, who are Covered countermeasure to protect public health. and (8)(B). Persons. Section V describes other To be a Covered Countermeasure, The PREP Act’s liability immunity qualified persons covered by this qualified pandemic or epidemic applies to ‘‘Covered Persons’’ with Declaration. products or security countermeasures respect to administration or use of a The PREP Act also defines the word also must be approved or cleared under Covered Countermeasure. The term ‘‘person’’ as used in the Act: A person the FD&C Act; licensed under the PHS ‘‘Covered Persons’’ has a specific includes an individual, partnership, Act; or authorized for emergency use meaning and is defined in the PREP Act corporation, association, entity, or under Sections 564, 564A, or 564B of to include manufacturers, distributors, public or private corporation, including the FD&C Act. program planners, and qualified a federal, state, or local government A qualified pandemic or epidemic persons, and their officials, agents, and agency or department. product also may be a Covered employees, and the United States. The Section VI. Covered Countermeasures Countermeasure when it is subject to an PREP Act further defines the terms exemption (that is, it is permitted to be ‘‘manufacturer,’’ ‘‘distributor,’’ As noted above, Section III of the used under an Investigational Drug ‘‘program planner,’’ and ‘‘qualified Declaration describes the activities Application or an Investigational Device person’’ as described below. (referred to as ‘‘Recommended Exemption) under the FD&C Act and is A manufacturer includes a contractor Activities’’) for which liability the object of research for possible use or subcontractor of a manufacturer; a immunity is in effect. Section VI of the for diagnosis, mitigation, prevention, supplier or licenser of any product, Declaration identifies the Covered treatment, or cure, or to limit harm of intellectual property, service, research Countermeasures for which the a pandemic or epidemic or serious or tool or component or other article used Secretary has recommended such life-threatening condition caused by in the design, development, clinical activities. The PREP Act states that a such a drug or device. testing, investigation or manufacturing ‘‘Covered Countermeasure’’ must be a A security countermeasure also may of a Covered Countermeasure; and any ‘‘qualified pandemic or epidemic be a Covered Countermeasure if it may or all the parents, subsidiaries, affiliates, product,’’ or a ‘‘security reasonably be determined to qualify for successors, and assigns of a countermeasure,’’ as described approval or licensing within 10 years manufacturer. immediately below; or a drug, biological after the Department’s determination A distributor means a person or entity product or device authorized for that procurement of the countermeasure engaged in the distribution of drugs, emergency use in accordance with is appropriate. biologics, or devices, including but not Sections 564, 564A, or 564B of the Section VI lists medical limited to: Manufacturers; re-packers; FD&C Act. countermeasures against COVID–19 that

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are Covered Countermeasures under this Section VIII. Category of Disease, Health example, liability claims alleging declaration. Condition, or Threat negligence by a manufacturer in creating Section VI also refers to the statutory The Secretary must identify in the a vaccine, or negligence by a health care definitions of Covered Countermeasures Declaration, for each Covered provider in prescribing the wrong dose, to make clear that these statutory Countermeasure, the categories of absent willful misconduct. Likewise, the definitions limit the scope of Covered diseases, health conditions, or threats to Act precludes a liability claim relating Countermeasures. Specifically, the health for which the Secretary to the management and operation of a countermeasure distribution program or Declaration notes that Covered recommends the administration or use site, such as a slip-and-fall injury or Countermeasures must be ‘‘qualified of the countermeasure. In Section VIII of vehicle collision by a recipient receiving pandemic or epidemic products,’’ or the Declaration, the Secretary states that a countermeasure at a retail store ‘‘security countermeasures,’’ or drugs, the disease threat for which he serving as an administration or biological products, or devices recommends administration or use of dispensing location that alleges, for authorized for investigational or the Covered Countermeasures is example, lax security or chaotic crowd emergency use, as those terms are COVID–19 caused by SARS-CoV-2 or a control. However, a liability claim defined in the PREP Act, the FD&C Act, virus mutating therefrom. alleging an injury occurring at the site and the Public Health Service Act. Section IX. Administration of Covered that was not directly related to the Section VII. Limitations on Distribution Countermeasures countermeasure activities is not The PREP Act does not explicitly covered, such as a slip and fall with no The Secretary may specify that direct connection to the define the term ‘‘administration’’ but liability immunity is in effect only to countermeasure’s administration or use. does assign the Secretary the Covered Countermeasures obtained In each case, whether immunity is responsibility to provide relevant through a particular means of applicable will depend on the particular conditions in the Declaration. In Section distribution. The Declaration states that facts and circumstances. liability immunity is afforded to IX of the Declaration, the Secretary Covered Persons for Recommended defines ‘‘Administration of a Covered Section X. Population Activities related to (a) present or future Countermeasure,’’ as follows: The Secretary must identify, for each federal contracts, cooperative Administration of a Covered Covered Countermeasure specified in a agreements, grants, other transactions, Countermeasure means physical Declaration, the population or interagency agreements, or memoranda provision of the countermeasures to populations of individuals for which of understanding or other federal recipients, or activities and decisions liability immunity is in effect with agreements; or (b) activities authorized directly relating to public and private respect to administration or use of the in accordance with the public health delivery, distribution, and dispensing of countermeasure. Section X of the and medical response of the Authority the countermeasures to recipients; Declaration identifies which individuals Having Jurisdiction to prescribe, management and operation of should use the countermeasure or to administer, deliver, distribute, or countermeasure programs; or whom the countermeasure should be dispense the Covered Countermeasures management and operation of locations administered—in short, those who following a Declaration of an for purpose of distributing and should be vaccinated or take a drug or emergency. dispensing countermeasures. other countermeasure. Section X The definition of ‘‘administration’’ provides that the population includes Section VII defines the terms extends only to physical provision of a ‘‘Authority Having Jurisdiction’’ and ‘‘any individual who uses or who is countermeasure to a recipient, such as administered a Covered Countermeasure ‘‘Declaration of an emergency.’’ We have vaccination or handing drugs to specified in the definition that in accordance with the Declaration.’’ patients, and to activities related to It should be noted that under the Authorities having jurisdiction include management and operation of programs PREP Act, liability protection extends federal, state, local, and tribal and locations for providing beyond the Population specified in the authorities and institutions or countermeasures to recipients, such as Declaration. Specifically, liability organizations acting on behalf of those decisions and actions involving security immunity is afforded (1) To governmental entities. and queuing, but only insofar as those manufacturers and distributors without For governmental program planners activities directly relate to the regard to whether the countermeasure is only, liability immunity is afforded only countermeasure activities. Claims for used by or administered to this to the extent they obtain Covered which Covered Persons are provided population, and (2) to program planners Countermeasures through voluntary immunity under the Act are losses and qualified persons when the means, such as (1) donation; (2) caused by, arising out of, relating to, or countermeasure is either used by or commercial sale; (3) deployment of resulting from the administration to or administered to this population or the Covered Countermeasures from federal use by an individual of a Covered program planner or qualified person stockpiles; or (4) deployment of Countermeasure consistent with the reasonably could have believed the donated, purchased, or otherwise terms of a Declaration issued under the recipient was in this population. voluntarily obtained Covered Act. Under the definition, these liability Section X of the Declaration includes Countermeasures from state, local, or claims are precluded if they allege an these statutory conditions in the private stockpiles. This last limitation injury caused by a countermeasure, or if Declaration for clarity. on distribution is intended to deter the claims are due to manufacture, program planners that are government delivery, distribution, dispensing, or Section XI. Geographic Area entities from seizing privately held management and operation of The Secretary must identify, for each stockpiles of Covered Countermeasures. countermeasure programs at Covered Countermeasure specified in It does not apply to any other Covered distribution and dispensing sites. the Declaration, the geographic area or Persons, including other program Thus, it is the Secretary’s areas for which liability immunity is in planners who are not government interpretation that, when a Declaration effect, including, as appropriate, entities. is in effect, the Act precludes, for whether the Declaration applies only to

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individuals physically present in the immunity is afforded during the any portion of this Declaration through area or, in addition, applies to ‘‘Effective Time Period,’’ described publication in the Federal Register. individuals who have a described under Section XII of the Declaration, Declaration connection to the area. Section XI of the plus the ‘‘Additional Time Period’’ Declaration provides that liability described under Section XIII of the Declaration for Public Readiness and immunity is afforded for the Declaration. Emergency Preparedness Act Coverage administration or use of a Covered Section XIII of the Declaration for medical countermeasures against Countermeasure without geographic provides for 12 months as the COVID–19. limitation. This could include claims Additional Time Period of coverage I. Determination of Public Health related to administration or use in after expiration of the Declaration. Emergency countries outside the U.S. It is possible Section XIII also explains the extended that claims may arise in regard to coverage that applies to any product 42 U.S.C. 247d–6d(b)(1) administration or use of the Covered obtained for the SNS during the I have determined that the spread of Countermeasures outside the U.S. that effective period of the Declaration. SARS-CoV–2 or a virus mutating may be resolved under U.S. law. therefrom and the resulting disease In addition, the PREP Act specifies Section XIV. Countermeasures Injury COVID–19 constitutes a public health that liability immunity is afforded (1) to Compensation Program emergency. manufacturers and distributors without Section 319F–4 of the PHS Act, 42 II. Factors Considered regard to whether the countermeasure is U.S.C. 247d-6e, authorizes the used by or administered to individuals Countermeasures Injury Compensation 42 U.S.C. 247d–6d(b)(6) in the geographic areas, and (2) to Program (CICP) to provide benefits to I have considered the desirability of program planners and qualified persons eligible individuals who sustain a encouraging the design, development, when the countermeasure is either used serious physical injury or die as a direct clinical testing, or investigation, or administered in the geographic areas result of the administration or use of a manufacture, labeling, distribution, or the program planner or qualified Covered Countermeasure. formulation, packaging, marketing, person reasonably could have believed Compensation under the CICP for an promotion, sale, purchase, donation, the countermeasure was used or injury directly caused by a Covered dispensing, prescribing, administration, administered in the areas. Section XI of Countermeasure is based on the licensing, and use of the Covered the Declaration includes these statutory requirements set forth in this Countermeasures. conditions in the Declaration for clarity. Declaration, the administrative rules for III. Recommended Activities Section XII. Effective Time Period the Program, and the statute. To show 42 U.S.C. 247d–6d(b)(1) The Secretary must identify, for each direct causation between a Covered Covered Countermeasure, the period or Countermeasure and a serious physical I recommend, under the conditions periods during which liability immunity injury, the statute requires ‘‘compelling, stated in this Declaration, the is in effect, designated by dates, reliable, valid, medical and scientific manufacture, testing, development, milestones, or other description of evidence.’’ The administrative rules for distribution, administration, and use of events, including factors specified in the the Program further explain the the Covered Countermeasures. necessary requirements for eligibility PREP Act. Section XII of the Declaration IV. Liability Immunity extends the effective period for different under the CICP. Please note that, by 42 U.S.C. 247d–6d(a), 247d–6d(b)(1) means of distribution of Covered statute, requirements for compensation Countermeasures through October 1, under the CICP may not align with the Liability immunity as prescribed in 2024. requirements for liability immunity the PREP Act and conditions stated in provided under the PREP Act. Section this Declaration is in effect for the Section XIII. Additional Time Period of XIV of the Declaration, Recommended Activities described in Coverage ‘‘Countermeasures Injury Compensation Section III. Program,’’ explains the types of injury The Secretary must specify a date V. Covered Persons after the ending date of the effective and standard of evidence needed to be time period of the Declaration that is considered for compensation under the 42 U.S.C. 247d–6d(i)(2), (3), (4), (6), reasonable for manufacturers to arrange CICP. (8)(A) and (B) for disposition of the Covered Further, the administrative rules for Covered Persons who are afforded Countermeasure, including accepting the CICP specify that if countermeasures liability immunity under this returns of Covered Countermeasures, are administered or used outside the Declaration are ‘‘manufacturers,’’ and for other Covered Persons to take United States, only otherwise eligible ‘‘distributors,’’ ‘‘program planners,’’ appropriate actions to limit individuals at United States embassies, ‘‘qualified persons,’’ and their officials, administration or use of the Covered military installations abroad (such as agents, and employees, as those terms Countermeasure. In addition, the PREP military bases, ships, and camps) or at are defined in the PREP Act, and the Act specifies that, for Covered North Atlantic Treaty Organization United States. Countermeasures that are subject to a (NATO) installations (subject to the In addition, I have determined that Declaration at the time they are obtained NATO Status of Forces Agreement) the following additional persons are for the Strategic National Stockpile where American servicemen and qualified persons: (a) Any person (SNS) under 42 U.S.C. 247d-6b(a), the servicewomen are stationed may be authorized in accordance with the effective period of the Declaration considered for CICP benefits. Other public health and medical emergency extends through the time the individuals outside the United States response of the Authority Having countermeasure is used or administered. may not be eligible for CICP benefits. Jurisdiction, as described in Section VII Liability immunity under the provisions below, to prescribe, administer, deliver, Section XV. Amendments of the PREP Act and the conditions of distribute or dispense the Covered the Declaration continue during these Section XV of the Declaration Countermeasures, and their officials, additional time periods. Thus, liability confirms that the Secretary may amend agents, employees, contractors and

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volunteers, following a Declaration of an boundary lines) or functional (e.g., law qualified persons when the emergency; (b) any person enforcement, public health) range or countermeasure is used by or authorized to prescribe, administer, or sphere of authority. administered to this population, or the dispense the Covered Countermeasures ii. A Declaration of Emergency means program planner or qualified person or who is otherwise authorized to any Declaration by any authorized local, reasonably could have believed the perform an activity under an Emergency regional, state, or federal official of an recipient was in this population. Use Authorization in accordance with emergency specific to events that XI. Geographic Area Section 564 of the FD&C Act; and (c) indicate an immediate need to any person authorized to prescribe, administer and use the Covered 42 U.S.C. 247d–6d(a)(4), 247d– administer, or dispense Covered Countermeasures, with the exception of 6d(b)(2)(D) Countermeasures in accordance with a federal Declaration in support of an Liability immunity is afforded for the Section 564A of the Emergency Use Authorization under administration or use of a Covered FD&C Act. Section 564 of the FD&C Act unless Countermeasure without geographic such Declaration specifies otherwise; VI. Covered Countermeasures limitation. I have also determined that, for Liability immunity is afforded to 42 U.S.C. 247d–6b(c)(1)(B), 42 U.S.C. governmental program planners only, manufacturers and distributors without 247d–6d(i)(1) and (7) liability immunity is afforded only to regard to whether the countermeasure is Covered Countermeasures are any the extent such program planners obtain used by or administered in any antiviral, any other drug, any biologic, Covered Countermeasures through designated geographic area; liability any diagnostic, any other device, or any voluntary means, such as (1) donation; immunity is afforded to program vaccine, used to treat, diagnose, cure, (2) commercial sale; (3) deployment of planners and qualified persons when prevent, or mitigate COVID–19, or the Covered Countermeasures from federal the countermeasure is used by or transmission of SARS-CoV–2 or a virus stockpiles; or (4) deployment of administered in any designated mutating therefrom, or any device used donated, purchased, or otherwise geographic area, or the program planner in the administration of any such voluntarily obtained Covered or qualified person reasonably could product, and all components and Countermeasures from state, local, or have believed the recipient was in that constituent materials of any such private stockpiles. geographic area. product. VIII. Category of Disease, Health XII. Effective Time Period Covered Countermeasures must be Condition, or Threat ‘‘qualified pandemic or epidemic 42 U.S.C. 247d–6d(b)(2)(B) products,’’ or ‘‘security 42 U.S.C. 247d–6d(b)(2)(A) Liability immunity for Covered countermeasures,’’ or drugs, biological The category of disease, health Countermeasures through means of products, or devices authorized for condition, or threat for which I distribution, as identified in Section investigational or emergency use, as recommend the administration or use of VII(a) of this Declaration, other than in those terms are defined in the PREP Act, the Covered Countermeasures is accordance with the public health and the FD&C Act, and the Public Health COVID–19 caused by SARS-CoV–2 or a medical response of the Authority Service Act. virus mutating therefrom. Having Jurisdiction and extends through VII. Limitations on Distribution IX. Administration of Covered October 1, 2024. Countermeasures Liability immunity for Covered 42 U.S.C. 247d–6d(a)(5) and (b)(2)(E) Countermeasures administered and I have determined that liability 42 U.S.C. 247d–6d(a)(2)(B) used in accordance with the public immunity is afforded to Covered Administration of the Covered health and medical response of the Persons only for Recommended Countermeasure means physical Authority Having Jurisdiction begins Activities involving Covered provision of the countermeasures to with a Declaration and lasts through (1) Countermeasures that are related to: recipients, or activities and decisions the final day the emergency Declaration (a) Present or future federal contracts, directly relating to public and private is in effect, or (2) October 1, 2024, cooperative agreements, grants, other delivery, distribution and dispensing of whichever occurs first. transactions, interagency agreements, the countermeasures to recipients, XIII. Additional Time Period of memoranda of understanding, or other management and operation of Coverage federal agreements; or countermeasure programs, or (b) Activities authorized in management and operation of locations 42 U.S.C. 247d–6d(b)(3)(B) and (C) accordance with the public health and for purpose of distributing and I have determined that an additional medical response of the Authority dispensing countermeasures. 12 months of liability protection is Having Jurisdiction to prescribe, X. Population reasonable to allow for the administer, deliver, distribute or manufacturer(s) to arrange for dispense the Covered Countermeasures 42 U.S.C. 247d–6d(a)(4), 247d– disposition of the Covered following a Declaration of an 6d(b)(2)(C) Countermeasure, including return of the emergency. The populations of individuals Covered Countermeasures to the As used in this Declaration, the terms include any individual who uses or is manufacturer, and for Covered Persons Authority Having Jurisdiction and administered the Covered to take such other actions as are Declaration of Emergency have the Countermeasures in accordance with appropriate to limit the administration following meanings: this Declaration. or use of the Covered Countermeasures. i. The Authority Having Jurisdiction Liability immunity is afforded to Covered Countermeasures obtained means the public agency or its delegate manufacturers and distributors without for the SNS during the effective period that has legal responsibility and regard to whether the countermeasure is of this Declaration are covered through authority for responding to an incident, used by or administered to this the date of administration or use based on political or geographical (e.g., population; liability immunity is pursuant to a distribution or release city, county, tribal, state, or federal afforded to program planners and from the SNS.

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XIV. Countermeasures Injury Name of Committee: National Institute of DEPARTMENT OF HEALTH AND Compensation Program Diabetes and Digestive and Kidney Diseases HUMAN SERVICES Special Emphasis Panel; PAR–18–423: 42 U.S.C 247d–6e NIDDK Multi-Center Clinical Study National Institutes of Health The PREP Act authorizes the Implementation Planning Cooperative Countermeasures Injury Compensation Agreements (U34) in Digestive Diseases. Center for Scientific Review; Amended Program (CICP) to provide benefits to Date: May 22, 2020. Notice of Meeting certain individuals or estates of Time: 11:00 a.m. to 1:00 p.m. Notice is hereby given of a change in individuals who sustain a covered Agenda: To review and evaluate grant the meeting of the Center for Scientific serious physical injury as the direct applications. Review Special Emphasis Panel, PAR result of the administration or use of the Place: National Institutes of Health, Two 19–059: Global Noncommunicable Covered Countermeasures, and benefits Democracy Plaza, 6707 Democracy Diseases and Injury Across the Lifespan to certain survivors of individuals who Boulevard, Bethesda, MD 20892 (Telephone (R21), March 23, 2020, 8:00 a.m. to 5:00 die as a direct result of the Conference Call). p.m., at the Hotel Palomar, 2121 P Street administration or use of the Covered Contact Person: Dianne Camp, Ph.D., NW, Washington, DC 20037, which was Countermeasures. The causal Scientific Review Officer, Review Branch, published in the Federal Register on connection between the countermeasure Division of Extramural Activities, NIDDK, February 25, 2020, 85 FR 10708. and the serious physical injury must be National Institutes of Health, Room 7013, The meeting will be held at the supported by compelling, reliable, valid, 6707 Democracy Boulevard, Bethesda, MD National Institutes of Health, 6701 medical and scientific evidence in order 20892–2542, (301) 594–7682, campd@ Rockledge Drive, Bethesda, MD 20892. for the individual to be considered for extra.niddk.nih.gov. The format of the meeting has been compensation. The CICP is (Catalogue of Federal Domestic Assistance changed to a Video Assisted Meeting. administered by the Health Resources Program Nos. 93.847, Diabetes, The meeting date and time remain the and Services Administration, within the Endocrinology and Metabolic Research; same. The meeting is closed to the Department of Health and Human 93.848, Digestive Diseases and Nutrition public. Services. Information about the CICP is Research; 93.849, Kidney Diseases, Urology available at the toll-free number 1–855– and Hematology Research, National Institutes Dated: March 11, 2020. 266–2427 or http://www.hrsa.gov/cicp/. of Health, HHS) Ronald J. Livingston, Jr., Dated: March 10, 2020. Program Analyst, Office of Federal Advisory XV. Amendments Committee Policy. Miguelina Perez, 42 U.S.C. 247d–6d(b)(4) [FR Doc. 2020–05419 Filed 3–16–20; 8:45 am] Program Analyst, Office of Federal Advisory Amendments to this Declaration will Committee Policy. BILLING CODE 4140–01–P be published in the Federal Register, as [FR Doc. 2020–05361 Filed 3–16–20; 8:45 am] warranted. BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND Authority: 42 U.S.C. 247d–6d. HUMAN SERVICES Dated: March 10, 2020. Alex M. Azar II, DEPARTMENT OF HEALTH AND National Institutes of Health HUMAN SERVICES Secretary of Health and Human Services. National Institute of Diabetes and [FR Doc. 2020–05484 Filed 3–12–20; 4:15 pm] National Institutes of Health Digestive and Kidney Diseases; Notice BILLING CODE P of Closed Meeting Center for Scientific Review; Amended Notice of Meeting Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as HUMAN SERVICES Notice is hereby given of a change in amended, notice is hereby given of the the meeting of the Center for Scientific following meeting. National Institutes of Health The meeting will be closed to the Review Special Emphasis Panel, Small public in accordance with the Business: Cardiovascular Sciences, National Institute of Diabetes and provisions set forth in sections Digestive and Kidney Diseases; Notice March 19, 2020 08:00 a.m. to March 20, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., of Closed Meeting 2020, 01:00 p.m., Embassy Suites as amended. The grant applications and Alexandria Old Town, 1900 Diagonal the discussions could disclose Pursuant to section 10(d) of the Road, Alexandria, VA 22314 which was Federal Advisory Committee Act, as confidential trade secrets or commercial published in the Federal Register on property such as patentable material, amended, notice is hereby given of the February 20, 2020, 85 FR 9791. following meeting. and personal information concerning The meeting will be closed to the The meeting location is being held at individuals associated with the grant public in accordance with the the National Institutes of Health, 6701 applications, the disclosure of which provisions set forth in sections Rockledge Drive, Bethesda, MD 20892, would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., at 09:00 a.m. The meeting date remains invasion of personal privacy. as amended. The grant applications and the same. The meeting is closed to the Name of Committee: National Institute of the discussions could disclose public. Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; Consortium for the confidential trade secrets or commercial Dated: March 11, 2020. property such as patentable material, Study of Chronic Pancreatitis, Diabetes, and Miguelina Perez, Pancreatic Cancer Clinical Centers Special and personal information concerning Emphasis Panel. individuals associated with the grant Program Analyst, Office of Federal Advisory Committee Policy. Date: April 2, 2020. applications, the disclosure of which Time: 10:00 a.m. to 6:00 p.m. [FR Doc. 2020–05417 Filed 3–16–20; 8:45 am] would constitute a clearly unwarranted Agenda: To review and evaluate grant invasion of personal privacy. BILLING CODE 4140–01–P applications.

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Place: National Institutes of Health, Two DEPARTMENT OF HEALTH AND Place: National Institutes of Health, Two Democracy Plaza, 6707 Democracy HUMAN SERVICES Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892 (Virtual Boulevard, Bethesda, MD 20892 (Virtual Meeting). National Institutes of Health Meeting). Contact Person: Peter J. Kozel, Ph.D., Contact Person: John P. Holden, Ph.D., Scientific Review Officer, National Institute Scientific Review Officer, Review Branch, Center for Scientific Review; Amended Notice of Meeting of Biomedical Imaging and Bioengineering, Division of Extramural Activities, NIDDK, National Institutes of Health, 6707 National Institutes of Health, Room 7009, Notice is hereby given of a change in Democracy Blvd., Suite 920, Bethesda, MD 6707 Democracy Boulevard, Bethesda, MD 20892, (301) 496–8775, [email protected]. 20892–5452 (301) 594–4721, kozelp@ the meeting of the, Small Business: Endocrinology, Metabolism, Nutrition Name of Committee: National Institute of mail.nih.gov. Biomedical Imaging and Bioengineering and Reproductive Sciences Study Special Emphasis Panel; P41 BTRC Review This notice is being published less Section, March 19, 2020, 8:00 a.m. to C–SEP. than 15 days prior to the meeting due March 19, 2020, 5:00 p.m. at the Date: June 1, 2020. to the timing limitations imposed by the Washington Marriott Georgetown, 1221 Time: 10:00 a.m. to 6:00 p.m. review and funding cycle. 22nd Street, Washington, DC which was Agenda: To review and evaluate grant published in the Federal Register on applications. (Catalogue of Federal Domestic Assistance February 20, 2020, 85 FR 9791. Place: National Institutes of Health, Two Program Nos. 93.847, Diabetes, Democracy Plaza, 6707 Democracy Plaza, Endocrinology and Metabolic Research; The meeting location is being changed Bethesda, MD 20892 (Virtual Meeting). 93.848, Digestive Diseases and Nutrition to the National Institutes of Health, 6701 Contact Person: Manana Sukhareva, Ph.D., Research; 93.849, Kidney Diseases, Urology Rockledge Drive, Bethesda, MD 20892. Scientific Review Officer, National Institute and Hematology Research, National Institutes The meeting format is being changed to of Biomedical Imaging and Bioengineering, of Health, HHS) a Video Assisted Meeting. Time and National Institutes of Health, 6707 date stay the same. The meeting is Democracy Blvd., Suite 959, Bethesda, MD Dated: March 11, 2020. closed to the public. 20892, (301) 451–3397, sukharem@ Miguelina Perez, mail.nih.gov. Dated: March 11, 2020. Program Analyst, Office of Federal Advisory (Catalogue of Federal Domestic Assistance Miguelina Perez, Committee Policy. Program Nos. 93.866, National Institute of Program Analyst, Office of Federal Advisory [FR Doc. 2020–05429 Filed 3–16–20; 8:45 am] Biomedical Imaging and Bioengineering, Committee Policy. National Institutes of Health, HHS) BILLING CODE 4140–01–P [FR Doc. 2020–05406 Filed 3–16–20; 8:45 am] Dated: March 10, 2020. BILLING CODE 4140–01–P Miguelina Perez, DEPARTMENT OF HEALTH AND Program Analyst, Office of Federal Advisory Committee Policy. HUMAN SERVICES DEPARTMENT OF HEALTH AND HUMAN SERVICES [FR Doc. 2020–05359 Filed 3–16–20; 8:45 am] National Institutes of Health BILLING CODE 4140–01–P National Institutes of Health Center for Scientific Review; Amended Notice of Meeting National Institute of Biomedical DEPARTMENT OF HEALTH AND Imaging and Bioengineering; Notice of HUMAN SERVICES Notice is hereby given of a change in Closed Meeting the meeting of the Center for Scientific National Institutes of Health Review Special Emphasis Panel, PAR Pursuant to section 10(d) of the Panel: Fogarty Global Brain Disorders, Federal Advisory Committee Act, as Center for Scientific Review Amended Notice of Meeting March 19, 2020, 8:00 a.m. to March 20, amended, notice is hereby given of a 2020, 5:00 p.m. at the Embassy Suites, meeting of the National Institute of Notice is hereby given of a change in Chevy Chase Pavillion, 4300 Military Biomedical Imaging and Bioengineering the meeting of the Center for Scientific Road NW, Washington, DC 20015, Special Emphasis Panel. Review Special Emphasis Panel, Small which was published in the Federal The meetings will be closed to the Business: Biomaterials, Delivery, and Register on February 20, 2020, 85 FR public in accordance with the Nanotechnology, March 24, 2020, 8:00 9791. provisions set forth in sections a.m. to March 25, 2020, 5:00 p.m., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Hilton Washington/Rockville, 1750 The meeting will be held at the as amended. The grant applications and Rockville Pike, Rockville MD 20852, National Institutes of Health, 6701 the discussions could disclose which was published in the Federal Rockledge Drive, Bethesda, MD 20892. confidential trade secrets or commercial Register on March 04, 2020, 85 FR The format of the meeting has been property such as patentable material, 12796. changed to a Video Assisted Meeting. and personal information concerning The meeting will be held at the The meeting date and time remain the individuals associated with the grant National Institutes of Health, 6701 same. The meeting is closed to the applications, the disclosure of which Rockledge Drive, Bethesda, MD 20892. public. would constitute a clearly unwarranted The meeting date and time remains the Dated: March 11, 2020. invasion of personal privacy. same. The meeting is closed to the Ronald J. Livingston, Jr., Name of Committee: National Institute of public. Program Analyst, Office of Federal Advisory Biomedical Imaging and Bioengineering Dated: March 11, 2020. Special Emphasis Panel; Career Development Committee Policy. Miguelina Perez, (Ks) and Conference support (R13) Review. [FR Doc. 2020–05416 Filed 3–16–20; 8:45 am] Date: April 3, 2020. Program Analyst, Office of Federal Advisory Committee Policy. BILLING CODE 4140–01–P Time: 09:30 a.m. to 5:30 p.m. Agenda: To review and evaluate grant [FR Doc. 2020–05425 Filed 3–16–20; 8:45 am] applications. BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES HUMAN SERVICES HUMAN SERVICES

National Institutes of Health National Institutes of Health National Institutes of Health

National Heart, Lung, And Blood Center for Scientific Review Amended Center for Scientific Review; Amended Institute Amended Notice of Meeting Notice of Meeting Notice of Meeting

Notice is hereby given of a change in Notice is hereby given of a change in Notice is hereby given of a change in the meeting of the National Heart, Lung, the meeting of the Center for Scientific the meeting of the Center for Scientific and Blood Institute Special Emphasis Review Special Emphasis Panel, Review Special Emphasis Panel, Panel, March 27, 2020, 08:30 a.m. to PAR19–232: NIGMS Mature Fellowships: Cardiovascular and March 27, 2020, 05:00 p.m., Hyatt Synchrotron Resources for Structural Respiratory Sciences, March 26, 2020, Regency, Bethesda, Bethesda, MD 20814 Biology (P30), April 2, 2020, 8:00 a.m. 8:00 a.m. to March 27, 2020, 1:00 p.m. which was published in the Federal to 8:00 p.m., Embassy Suites at the Courtyard Silver Spring Downtown, Register on January 29, 2020, 85 FR Chevy Chase Pavilion, 4300 Military 8506 Fenton Street, Silver Spring, MD 5221. Road NW, Washington, DC 20015, 20910, which was published in the The NHLBI Special Emphasis Panel which was published in the Federal Federal Register on March 3, 2020, 85 meeting is being amended due to a Register on March 10, 2020, 85 FR FR 12570. change in the meeting format. This one- 13909. The meeting location is being held at day meeting to be held on March 27, The meeting will be held at National the National Institutes of Health, 6701 2020 will be a teleconference meeting. Institutes of Health, 6701 Rockledge Rockledge Drive, Bethesda, MD 20892. The meeting is closed to the public. Drive, Bethesda, MD 20892 from 10 a.m. The meeting date and time remain the Dated: March 11, 2020. to 7:00 p.m. The date remains the same. same. The meeting is closed to the The meeting is closed to the public. public. Ronald J. Livingston, Jr., Program Analyst, Office of Federal Advisory Dated: March 11, 2020. Dated: March 11, 2020. Committee Policy. Ronald J. Livingston, Jr., Ronald J. Livingston, Jr., [FR Doc. 2020–05435 Filed 3–16–20; 8:45 am] Program Analyst, Office of Federal Advisory Program Analyst, Office of Federal Advisory BILLING CODE 4140–01–P Committee Policy. Committee Policy. [FR Doc. 2020–05409 Filed 3–16–20; 8:45 am] [FR Doc. 2020–05427 Filed 3–16–20; 8:45 am] BILLING CODE 4140–01–P BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND National Institutes of Health HUMAN SERVICES HUMAN SERVICES

Center for Scientific Review Amended National Institutes of Health National Institutes of Health Notice of Meeting National Heart, Lung, And Blood National Heart, Lung, and Blood Notice is hereby given of a change in Institute Amended Notice of Meeting Institute Amended Notice of Meeting the meeting of the Center for Scientific Review Special Emphasis Panel, Notice is hereby given of a change in Notice is hereby given of a change in Exploration of Antimicrobial the meeting of the Heart, Lung, and the meeting of the National Heart, Lung, Therapeutics and Resistance, March 19, Blood Program Project Review and Blood Institute Special Emphasis 2020, 8:00 a.m. to March 20, 2020, 5:00 Committee, March 20, 2020, 08:00 a.m. Panel, March 19, 2020, 8:00 a.m. to p.m., which was published in the to March 20, 2020, 02:00 p.m., Sheraton March 20, 2020, 4:30 p.m., Bethesda Federal Register on February 20, 2020, BWI (Baltimore), 1100 Old Eldridge North Marriott Hotel and Conference 85 FR 9791. Landing Road, Baltimore, MD 21090 Center Facility, 5701 Marinelli Road, The meeting location is being changed which was published in the Federal North Bethesda, MD 20852 which was to National Institutes of Health, 6701 Register on January 29, 2020, 85 FR published in the Federal Register on Rockledge Drive, Bethesda, MD 20892. 5219. February 18, 2020, 85 FR 8881. The time has been changed to March 19, The NHLBI IRG meeting is being The NHLBI Special Emphasis Panel 2020, 9:00 a.m. to March 20, 2020, 6:00 amended due to a change in the meeting meeting is being amended due to a p.m. The dates remain the same. The format. This one-day meeting to be held change in the meeting format. This one- meeting is closed to the public. on March 20, 2020 will be a day meeting to be held on March 19, Dated: March 11, 2020. teleconference meeting. The meeting is 2020 will be a teleconference meeting. closed to the public. The meeting is closed to the public. Miguelina Perez, Program Analyst, Office of Federal Advisory Dated: March 11, 2020. Dated: March 11, 2020. Committee Policy. Ronald J. Livingston, Jr., Ronald J. Livingston, Jr., [FR Doc. 2020–05415 Filed 3–16–20; 8:45 am] Program Analyst, Office of Federal Advisory Program Analyst, Office of Federal Advisory BILLING CODE 4140–01–P Committee Policy. Committee Policy. [FR Doc. 2020–05437 Filed 3–16–20; 8:45 am] [FR Doc. 2020–05431 Filed 3–16–20; 8:45 am] BILLING CODE 4140–01–P BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES HUMAN SERVICES HUMAN SERVICES

National Institutes of Health National Institutes of Health National Institutes of Health

National Heart, Lung, and Blood Center for Scientific Review; Amended Center for Scientific Review; Amended Institute; Amended Notice of Meeting Notice of Meeting Notice of Meeting Notice is hereby given of a change in Notice is hereby given of a change in Notice is hereby given of a change in the meeting of the Center for Scientific the meeting of the Center for Scientific the meeting of the National Heart, Lung, Review Special Emphasis Panel, Small and Blood Institute Special Emphasis Review Special Emphasis Panel, Topics Business: Biological Chemistry, in Bacterial Pathogenesis, March 30, Panel, April 1, 2020, 09:00 a.m. to April Biophysics, and Assay Development, 1, 2020, 04:00 p.m., Bethesda Marriott 2020, 8:00 a.m. to March 31, 2020 6:00 March 18, 2020, 8:00 a.m. to March 19, p.m., at the Residence Inn Bethesda, 735 Suites, 6711 Democracy Boulevard, 2020 6:00 p.m., Doubletree Hotel Bethesda, MD 20817 which was Wisconsin Avenue, Bethesda, MD Bethesda, 8120 Wisconsin Avenue, which was published in the Federal published in the Federal Register on Bethesda, MD 20814 which was March 04, 2020, 85 FR 12799. Register on March 09, 2020, 85 FR published in the Federal Register on 13668. The NHLBI Special Emphasis Panel February 20, 2020, 85 FR 9787. The meeting location is being changed meeting is being amended due to a The meeting will be held at the to National Institutes of Health, 6701 change in the meeting format. This one National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. day meeting to be held on April 1, 2020 Rockledge Drive, Bethesda, MD 20892. Meeting dates and time remain the will be a teleconference meeting. The The meeting date and time remains the same. The meeting is closed to the meeting is closed to the public. same. The meeting is closed to the public. public. Dated: March 11, 2020. Dated: March 11, 2020. Dated: March 11, 2020. Ronald J. Livingston, Jr., Ronald J. Livingston, Jr., Miguelina Perez, Program Analyst, Office of Federal Advisory Program Analyst, Office of Federal Advisory Program Analyst, Office of Federal Advisory Committee Policy. Committee Policy. Committee Policy. [FR Doc. 2020–05438 Filed 3–16–20; 8:45 am] [FR Doc. 2020–05428 Filed 3–16–20; 8:45 am] [FR Doc. 2020–05400 Filed 3–16–20; 8:45 am] BILLING CODE 4140–01–P BILLING CODE 4140–01–P BILLING CODE 4140–01–P

DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES HUMAN SERVICES HUMAN SERVICES

National Institutes of Health National Institutes of Health National Institutes of Health

Center For Scientific Review; Amended Center for Scientific Review; Amended Center for Scientific Review Amended Notice of Meeting Notice of Meeting Notice of Meeting Notice is hereby given of a change in Notice is hereby given of a change in Notice is hereby given of a change in the meeting of the Center for Scientific the meeting of the Center for Scientific the meeting of the Center for Scientific Review Special Emphasis Panel, Review Advisory Council, March 30, Review Special Emphasis Panel Study Fellowship: Infectious Diseases and 2020, 8:30 a.m. to 3:00 p.m. at National Section, Topics in Bacterial Microbiology, March 23, 2020, 8:00 a.m. Institutes of Health, 6700B Rockledge Pathogenesis, March 18, 2020, 8:00 a.m. to March 24, 2020, 5:00 p.m., at The St. Drive Conference Room A&B, Bethesda, to March 18, 2020, 6:00 p.m., at the Gregory Hotel Dupont Circle, 2033 M St. MD 20817 which was published in the Residence Inn Bethesda, 7335 NW, Washington, DC 20036 which was Federal Register on January 30, 2020, 85 Wisconsin Avenue, Bethesda, MD published in the Federal Register on FR 5459. which was published in the Federal Register on February 20, 2020, 85 FR February 25, 2020, 85 FR 10708. The meeting will be held at National 9787. The meeting location is being changed Institutes of Health, 6701 Rockledge The meeting location is being changed to National Institutes of Health, 6701 Drive, Bethesda, MD 20892 starting at to National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD. 1:00 p.m. as a Video Assisted Meeting. Rockledge Drive, Bethesda, MD 20892. Meetings dates and times remain the The meeting date remains the same. The Meeting date and time remain the same. same. The meeting is closed to the meeting is open to the public. The meeting is closed to the public. public. Dated: March 10, 2020. Dated: March 11, 2020. Dated: March 11, 2020. Ronald J. Livingston, Jr., Miguelina Perez, Ronald J. Livingston, Jr., Program Analyst, Office of Federal Advisory Program Analyst, Office of Federal Advisory Program Analyst, Office of Federal Advisory Committee Policy. Committee Policy. Committee Policy. [FR Doc. 2020–05360 Filed 3–16–20; 8:45 am] [FR Doc. 2020–05422 Filed 3–16–20; 8:45 am] [FR Doc. 2020–05413 Filed 3–16–20; 8:45 am] BILLING CODE 4140–01–P BILLING CODE 4140–01–P BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Development (CBD), March 27, 2020 HUMAN SERVICES HUMAN SERVICES 08:00 a.m. to March 27, 2020, 05:00 p.m., Embassy Suites at the Chevy National Institutes of Health National Institutes of Health Chase Pavilion, 4300 Military Road NW, Washington, DC 20015, which was Center for Scientific Review Amended National Institute of Allergy and published in the Federal Register on Notice of Meeting Infectious Diseases; Notice of Closed March 4, 2020, 85 FR 12799. Meeting The meeting location is being held at Notice is hereby given of a change in Pursuant to section 10(d) of the the National Institutes of Health, 6701 the meeting of the HIV Federal Advisory Committee Act, as Rockledge Drive, Bethesda, MD 20892. Immunopathogenesis and Vaccine amended, notice is hereby given of the The meeting date and time remain the Development Study Section, March 19, following meeting. same. 2020, 8:00 a.m. to March 20, 2020 6:00 The meeting will be closed to the Dated: March 11, 2020. p.m., at the Fairmont Washington, DC, public in accordance with the Ronald J. Livingston, Jr., 2401 M Street NW, Washington, DC provisions set forth in sections Program Analyst, Office of Federal Advisory 20037, which was published in the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee Policy. Federal Register on February 20, 2020, as amended. The grant applications and [FR Doc. 2020–05430 Filed 3–16–20; 8:45 am] the discussions could disclose 85 FR 9791. BILLING CODE 4140–01–P The meeting will be held at the confidential trade secrets or commercial property such as patentable material, National Institutes of Health, 6701 and personal information concerning Rockledge Drive Bethesda, MD 20892. DEPARTMENT OF HEALTH AND individuals associated with the grant HUMAN SERVICES The format of the meeting has been applications, the disclosure of which changed to a Video Assisted Meeting. would constitute a clearly unwarranted National Institutes of Health The meeting date and time remain the invasion of personal privacy. same. The meeting is closed to the National Heart, Lung, and Blood public. Name of Committee: National Institute of Allergy and Infectious Diseases Special Institute; Amended Notice of Meeting Dated: March 11, 2020. Emphasis Panel; NIAID Investigator Initiated Notice is hereby given of a change in Miguelina Perez, Program Project Applications (P01). Date: March 30, 2020. the meeting of the NHLBI Mentored Program Analyst, Office of Federal Advisory Time: 11:00 a.m. to 5:00 p.m. Clinical and Basic Science Review Committee Policy. Agenda: To review and evaluate grant Committee, March 19, 2020, 10:30 a.m. [FR Doc. 2020–05418 Filed 3–16–20; 8:45 am] applications. to March 20, 2020, 03:00 p.m., Holiday BILLING CODE 4140–01–P Place: National Institutes of Allergy and Inn National Airport Hotel, 2650 Infectious Diseases, National Institutes of Jefferson Davis Highway, Arlington, VA Health 5601 Fishers Lane, Room 3F52 22202 which was published in the Rockville, MD 20892 (Telephone Conference DEPARTMENT OF HEALTH AND Call). Federal Register on January 29, 2020, 85 HUMAN SERVICES Contact Person: Margaret A. Morris Fears, FR 5219. Ph.D., Scientific Review Officer, Scientific The NHLBI IRG meeting is being National Institutes of Health Review Program, Division of Extramural amended due to a change in the meeting Activities, National Institutes of Allergy and format. This two-day meeting to be held Center for Scientific Review; Amended Infectious Diseases, National Institutes of on March 19–20, 2020 will be a Notice of Meeting Health, 5601 Fishers Lane, Room 3F52, teleconference meeting. The meeting is Rockville, MD 20852, maggie.morrisfears@ closed to the public. Notice is hereby given of a change in nih.gov. Dated: March 11, 2020. the meeting of the Center for Scientific (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, Ronald J. Livingston, Jr., Review Special Emphasis Panel, Small and Transplantation Research; 93.856, Program Analyst, Office of Federal Advisory Business: Cancer Drug Development and Microbiology and Infectious Diseases Committee Policy. Therapeutics, March 23, 2020 08:00 a.m. Research, National Institutes of Health, HHS) [FR Doc. 2020–05436 Filed 3–16–20; 8:45 am] to March 24, 2020, 06:00 p.m. Canopy Dated: March 11, 2020. BILLING CODE 4140–01–P by Hilton, 940 Rose Avenue, North Tyeshia M. Roberson, Bethesda, MD 20852, which was Program Analyst, Office of Federal Advisory published in the Federal Register on Committee Policy. DEPARTMENT OF HEALTH AND February 25, 2020, 85 FR 11376. [FR Doc. 2020–05522 Filed 3–16–20; 8:45 am] HUMAN SERVICES The meeting location is being held at BILLING CODE 4140–01–P the National Institutes of Health, 6701 National Institutes of Health Rockledge Drive, Bethesda, MD 20892. National Institute of Arthritis and DEPARTMENT OF HEALTH AND The meeting date and time remain the Musculoskeletal and Skin Diseases; HUMAN SERVICES same. The meeting is closed to the Amended Notice of Meeting public. National Institutes of Health Notice is hereby given of a change in Dated: March 11, 2020. the meeting of the National Institute of Ronald J. Livingston, Jr., Center for Scientific Review; Amended Notice of Meeting Arthritis and Musculoskeletal and Skin Program Analyst, Office of Federal Advisory Diseases Special Emphasis Panel, which Committee Policy. Notice is hereby given of a change in was published in the Federal Register [FR Doc. 2020–05424 Filed 3–16–20; 8:45 am] the meeting of the Center for Scientific on January 30, 2020, 85 FRN 5461. BILLING CODE 4140–01–P Review Special Emphasis Panel, Small The NIAMS Special Emphasis Panel Business: The Cancer Biotherapeutics meeting is being amended due to a

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change in the meeting format. This one- Dated: March 11, 2020. Dated: March 11, 2020. day meeting held on 3/27/2020 will be Miguelina Perez, Melanie J. Pantoja, a teleconference meeting. The meeting Program Analyst, Office of Federal Advisory Program Analyst, Office of Federal Advisory is closed to the public. Committee Policy. Committee Policy. Dated: March 12, 2020. [FR Doc. 2020–05403 Filed 3–16–20; 8:45 am] [FR Doc. 2020–05358 Filed 3–16–20; 8:45 am] Miguelina Perez, BILLING CODE 4140–01–P BILLING CODE 4140–01–P Program Analyst, Office of Federal Advisory Committee Policy. DEPARTMENT OF HEALTH AND [FR Doc. 2020–05523 Filed 3–16–20; 8:45 am] DEPARTMENT OF HEALTH AND HUMAN SERVICES HUMAN SERVICES BILLING CODE 4140–01–P National Institutes of Health National Institutes of Health DEPARTMENT OF HEALTH AND Center for Scientific Review; Amended National Heart, Lung, and Blood HUMAN SERVICES Notice of Meeting Institute Amended Notice of Meeting National Institutes of Health Notice is hereby given of a change in Notice is hereby given of a change in the meeting of the National Heart, Lung, the meeting of the Center for Scientific National Heart, Lung, and Blood and Blood Institute Special Emphasis Review Special Emphasis Panel, Small Institute; Amended Notice of Meeting Panel, March 25, 2020, 08:30 a.m. to Business: Health Informatics, March 19, March 25, 2020, 05:00 p.m., Embassy Notice is hereby given of a change in 2020, 8:00 a.m., to March 20, 2020, 5:00 Suite, Chevy Chase Pavilion, 4300 the meeting of the National Heart, Lung, p.m., The William F. Bolger Center, Military Road NW, Washington, DC and Blood Institute Special Emphasis 9600 Newbridge Drive, Potomac, MD 20015 which was published in the Panel, April 7, 2020, 01:00 p.m. to April 20854 which was published in the Federal Register on January 29, 2020, 85 8, 2020, 01:00 p.m., Embassy Suites at Federal Register on February 20, 2020, FR 5221. Chevy Chase Pavilion, 4300 Military 85 FR 9791. Road NW, Washington, DC 20015 which The NHLBI Special Emphasis Panel The meeting will be held at the was published in the Federal Register meeting is being amended due to a on March 04, 2020, 85 FR 12799. National Institutes of Health, 6701 change in the meeting format. This one- Rockledge Drive, Bethesda, MD 20892. day meeting to be held on March 25, The NHLBI Special Emphasis Panel The meeting date and time remains the 2020 will be a teleconference meeting. meeting is being amended due to a same. The meeting is closed to the The meeting is closed to the public. change in the meeting format. This two public. day meeting to be held on April 7–8, Dated: March 11, 2020. 2020 will be a teleconference meeting. Dated: March 11, 2020. Ronald J. Livingston, Jr., The meeting is closed to the public. Miguelina Perez, Program Analyst, Office of Federal Advisory Committee Policy. Dated: March 11, 2020. Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2020–05434 Filed 3–16–20; 8:45 am] Ronald J. Livingston, Jr., [FR Doc. 2020–05401 Filed 3–16–20; 8:45 am] BILLING CODE 4140–01–P Program Analyst, Office of Federal Advisory Committee Policy. BILLING CODE 4140–01–P [FR Doc. 2020–05439 Filed 3–16–20; 8:45 am] DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES HUMAN SERVICES National Institutes of Health DEPARTMENT OF HEALTH AND National Institutes of Health HUMAN SERVICES National Institute of Arthritis ond National Institute of Mental Health; Musculoskeletal and Skin Diseases; National Institutes of Health Amended Notice of Meeting Amended Notice of Meeting Center for Scientific Review; Amended Notice is hereby given of a change in Notice is hereby given of a change in Notice of Meeting the meeting of the National Institute of the meeting of the National Institute of Arthritis and Musculoskeletal and Skin Mental Health Special Emphasis Panel, Notice is hereby given of a change in Diseases Special Emphasis Panel, which the meeting of the Center for Scientific March 30, 2020, 8:30 a.m. to March 30, was published in the Federal Register Review Special Emphasis Panel, PAR 2020, 5:00 p.m., National Institutes of on January 30, 2020, 85 FRN 5461. Panel: Cancer Health Disparities, March Health, Neuroscience Center, 6001 23, 2020, 8:00 a.m. to March 24, 2020, Executive Blvd., Rockville, MD, 20852 The NIAMS Special Emphasis Panel 5:00 p.m., Hilton Washington/Rockville, which was published in the Federal meeting is being amended due to a change in the meeting format. This one- 1750 Rockville Pike, Rockville, MD Register on February 18, 2020, 85 FR day meeting held on 3/31/2020 will be 20852, which was published in the 8882. Federal Register on February 25, 2020, a teleconference meeting. The meeting This notice is to amend the NIMH 85 FR 11376. is closed to the public. Clinical Trials Effectiveness Studies Dated: March 12, 2020. The meeting will be held at the (R34/R01/R01 Collaborative) meeting Miguelina Perez, National Institutes of Health, 6701 from an in-person meeting to a Rockledge Drive, Bethesda, MD 20892. teleconference. All other meeting Program Analyst, Office of Federal Advisory Committee Policy. The meeting date and time remains the information remains the same. The [FR Doc. 2020–05524 Filed 3–16–20; 8:45 am] same. The meeting is closed to the meeting is closed to the public. public. BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Independence Award Review, March HUMAN SERVICES HUMAN SERVICES 18, 2020, 9:00 a.m. to March 19, 2020, 3:00 p.m. at the National Institutes of National Institutes of Health National Institutes of Health Health, 6701 Rockledge Drive, Bethesda, MD 20892, which was published in the Center for Scientific Review; Amended Center for Scientific Review; Notice of Federal Register on February 20, 2020, Notice of Meeting Closed Meeting 85 FR 9787. Pursuant to section 10(d) of the The meeting format of the Special Notice is hereby given of a change in Federal Advisory Committee Act, as Emphasis Panel RFA–RM–19–008: NIH the meeting of the Cellular and amended, notice is hereby given of the Director’s Early Independence Award Molecular Immunology—B Study following meeting. Review has been changed to a Video Section, March 19, 2020, 8:00 a.m. to The meeting will be closed to the Assisted Meeting. The meeting date, March 20, 2020, 6:00 p.m., at the public in accordance with the time and location remain the same. The William F. Bolger Center, 9600 provisions set forth in sections meeting is closed to the public. Newbridge Drive, Potomac, MD which 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Dated: March 11, 2020. was published in the Federal Register as amended. The grant applications and Miguelina Perez, on February 20, 2020, 85 FR 9791. the discussions could disclose Program Analyst, Office of Federal Advisory Meeting location is being changed to confidential trade secrets or commercial Committee Policy. property such as patentable material, National Institutes of Health, 6701 [FR Doc. 2020–05405 Filed 3–16–20; 8:45 am] and personal information concerning Rockledge Drive, Bethesda, MD 20892. BILLING CODE 4140–01–P individuals associated with the grant The meeting format is being changed to applications, the disclosure of which a Video Assisted Meeting. Meeting time would constitute a clearly unwarranted DEPARTMENT OF HEALTH AND and date stay the same. The meeting is invasion of personal privacy. closed to the public. HUMAN SERVICES Name of Committee: Center for Scientific Dated: March 11, 2020. Review Special Emphasis Panel; RFA–NS– National Institutes of Health Miguelina Perez, 18–018: Brain Initiative. Date: March 27, 2020. Center for Scientific Review Amended Program Analyst, Office of Federal Advisory Time: 11:30 a.m. to 2:00 p.m. Notice of Meeting Committee Policy. Agenda: To review and evaluate grant [FR Doc. 2020–05423 Filed 3–16–20; 8:45 am] applications. Notice is hereby given of a change in BILLING CODE 4140–01–P Place: National Institutes of Health, the meeting of the Center for Scientific Rockledge II, 6701 Rockledge Drive, Review Special Emphasis Panel, NIH Bethesda, MD 20892 (Telephone Conference Research Enhancement Award (R15) in DEPARTMENT OF HEALTH AND Call). Oncological Sciences, March 31, 2020, Contact Person: Robert C. Elliott, Ph.D., HUMAN SERVICES Scientific Review Officer, Center for 10:00 a.m. to March 31, 2020, 06:00 Scientific Review, National Institutes of p.m., National Institutes of Health, 6701 National Institutes of Health Health, 6701 Rockledge Drive, Room 3130, Rockledge Drive, Bethesda, MD 20892, MSC 7850, Bethesda, MD 20892, (301) 435– which was published in the Federal Center for Scientific Review; Amended 3009, [email protected]. Register on March 09, 2020, 85 FR Notice of Meeting This notice is being published less than 15 13668. days prior to the meeting due to the timing The meeting format is being changed Notice is hereby given of a change in limitations imposed by the review and to a Virtual Meeting. The meeting the meeting of the Center for Scientific funding cycle. location, date and time remain the same. Review Special Emphasis Panel, Small (Catalogue of Federal Domestic Assistance Dated: March 11, 2020. Business: Biomedical Sensing, Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, Ronald J. Livingston, Jr., Measurement and Instrumentation, 93.337, 93.393–93.396, 93.837–93.844, Program Analyst, Office of Federal Advisory March 19, 2020, 08:00 a.m. to March 20, 93.846–93.878, 93.892, 93.893, National Committee Policy. 2020, 05:00 p.m., Bahia Resort Hotel, Institutes of Health, HHS) [FR Doc. 2020–05407 Filed 3–16–20; 8:45 am] 998 West Mission Bay Drive, San Diego, Dated: March 11, 2020. BILLING CODE 4140–01–P CA 92109, which was published in the Miguelina Perez, Federal Register on February 20, 2020, Program Analyst, Office of Federal Advisory 85 FR 9791. Committee Policy. DEPARTMENT OF HEALTH AND The meeting location is being held at [FR Doc. 2020–05420 Filed 3–16–20; 8:45 am] HUMAN SERVICES the National Institutes of Health, 6701 BILLING CODE 4140–01–P Rockledge Drive, Bethesda, MD 20892. National Institutes of Health The meeting date and time remains the Center for Scientific Review Amended DEPARTMENT OF HEALTH AND same. The meeting is closed to the Notice of Meeting public. HUMAN SERVICES Notice is hereby given of a change in Dated: March 11, 2020. National Institutes of Health the meeting of the Center for Scientific Miguelina Perez, Review Special Emphasis Panel, Program Analyst, Office of Federal Advisory Center for Scientific Review; Amended Notice of Meeting Endocrinology, Metabolism, Nutrition Committee Policy. and Reproductive Sciences Study [FR Doc. 2020–05402 Filed 3–16–20; 8:45 am] Notice is hereby given of a change in Section, March 19, 2020, 8:00 a.m. to BILLING CODE 4140–01–P the meeting of the Center for Scientific March 19, 2020, 1:00 p.m., at the Review Special Emphasis Panel RFA– Washington Marriott Georgetown, 1221 RM–19–008: NIH Director’s Early 22nd Street, Washington, DC which was

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published in the Federal Register on which was published in the Federal Rockledge Drive, Bethesda, MD 20892. February 25, 2020, 85 FR 10707. Register on February 20, 2020, 85 FR The meeting date and time remain the The meeting location is being changed 9791. same. The meeting is closed to the to National Institutes of Health, 6701 The meeting will be held at National public. Rockledge Drive, Bethesda, MD 20892. Institutes of Health, 6701 Rockledge Dated: March 11, 2020. Drive, Bethesda, MD 20892. The The format is being changed to a Video Ronald J. Livingston, Jr., Assisted Meeting. Time and date remain meeting date and time remain the same. The meeting is closed to the public. Program Analyst, Office of Federal Advisory the same. The meeting is closed to the Committee Policy. public. Dated: March 11, 2020. [FR Doc. 2020–05426 Filed 3–16–20; 8:45 am] Ronald J. Livingston, Jr., Dated: March 11, 2020. BILLING CODE 4140–01–P Miguelina Perez, Program Analyst, Office of Federal Advisory Program Analyst, Office of Federal Advisory Committee Policy. Committee Policy. [FR Doc. 2020–05412 Filed 3–16–20; 8:45 am] DEPARTMENT OF HEALTH AND [FR Doc. 2020–05408 Filed 3–16–20; 8:45 am] BILLING CODE 4140–01–P HUMAN SERVICES BILLING CODE 4140–01–P National Institutes of Health DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES Center for Scientific Review; Amended HUMAN SERVICES Notice of Meeting National Institutes of Health Notice is hereby given of a change in National Institutes of Health Center for Scientific Review; Amended the meeting of the Center for Scientific Center for Scientific Review; Amended Notice of Meeting Review Special Emphasis Panel Member Notice of Meeting Conflict: Cognitive Processing and Notice is hereby given of a change in Neuropsychiatric Disorders, March 25, Notice is hereby given of a change in the meeting of the Center for Scientific 2020, 1:00 p.m. to 5:00 p.m. at the the meeting of the Center for Scientific Review Special Emphasis Panel BRAIN National Institutes of Health, 6701 Review Special Emphasis Panel, Small Initiative: Targeted BRAIN Circuits Rockledge Drive, Bethesda, MD 20892, Business: Microbial (non-HIV) Projects, March 18, 2020, 8:00 a.m. to which was published in the Federal Diagnostics and Detection of Infectious March 19, 2020, 6:00 p.m. at the Register on March 04, 2020, 85 FR Agents, Food and Waterborne Washington Plaza Hotel, 10 Thomas 12794. Pathogens, and Methods in Microbial Circle NW, Washington, DC 20005, The date of the meeting of the Center Sterilization, Disinfection and which was published in the Federal for Scientific Review Special Emphasis Bioremediation, March 26, 2020, 8:00 Register on February 20, 2020, 85 FR Panel: Member Conflict: Cognitive a.m. to March 27, 2020, 6:00 p.m. which 9787. Processing and Neuropsychiatric The meeting will be held at the was published in the Federal Register Disorders has been changed to March National Institutes of Health, 6701 on March 03, 2020, 85 FR 12570. 26, 2020. The meeting location and time Rockledge Drive, Bethesda, MD 20892. The meeting location is being changed The format of the meeting has been remain the same. The meeting is closed to National Institutes of Health, 6701 changed to a Virtual Meeting. The to the public. Rockledge Drive, Bethesda, MD. Start meeting date and time remain the same. Dated: March 11, 2020. time has changed, March 26, 2020, 9:00 The meeting is closed to the public. Miguelina Perez, a.m. to March 27, 2020, 6:00 p.m. Dated: March 11, 2020. Program Analyst, Office of Federal Advisory Meeting dates remain the same. The Committee Policy. meeting is closed to the public. Miguelina Perez, Program Analyst, Office of Federal Advisory [FR Doc. 2020–05421 Filed 3–16–20; 8:45 am] Dated: March 11, 2020. Committee Policy. BILLING CODE 4140–01–P Ronald J. Livingston, Jr., [FR Doc. 2020–05404 Filed 3–16–20; 8:45 am] Program Analyst, Office of Federal Advisory BILLING CODE 4140–01–P Committee Policy. DEPARTMENT OF HEALTH AND [FR Doc. 2020–05410 Filed 3–16–20; 8:45 am] HUMAN SERVICES BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND National Institutes of Health HUMAN SERVICES National Heart, Lung, and Blood DEPARTMENT OF HEALTH AND National Institutes of Health HUMAN SERVICES Institute; Amended Notice of Meeting Center for Scientific Review; Amended Notice is hereby given of a change in National Institutes of Health Notice of Meeting the meeting of the National Heart, Lung, Center for Scientific Review Amended Notice is hereby given of a change in and Blood Institute Special Emphasis Notice of Meeting the meeting of the Center for Scientific Panel, March 23, 2020, 08:00 a.m. to Review Special Emphasis Panel, Small March 23, 2020, 03:00 p.m., Sheraton Notice is hereby given of a change in Business: Cardiovascular Sciences, BWI (Baltimore), 1100 Old Elkridge the meeting of the Center for Scientific March 25, 2020 8:00 a.m. to March 25, Landing Road, Baltimore, MD 21090 Review Special Emphasis Panel, PAR 2020, 6:00 p.m. Hilton Garden Inn which was published in the Federal 17–190: Maximizing Investigators’ Bethesda, 7301 Waverly Street, Register on January 29, 2020, 85 FR Research Award for Early Stage Bethesda, MD 20814, which was 5221. Investigators (R35), March 19, 2020, published in the Federal Register on The NHLBI Special Emphasis Panel 8:00 a.m. to March 20, 2020, 5:00 p.m., March 4, 2020, 85 FR 12794. meeting is being amended due to a Hyatt Regency Bethesda, One Bethesda The meeting location is being held at change in the meeting format. This one- Metro Center, Bethesda, MD 20814, the National Institutes of Health, 6701 day meeting to be held on March 23,

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2020 will be a teleconference meeting. Dated: March 11, 2020. DATES: Your completed application The meeting is closed to the public. Miguelina Perez, should reach the Coast Guard on or Dated: March 11, 2020. Program Analyst, Office of Federal Advisory before May 18, 2020. Ronald J. Livingston, Jr., Committee Policy. ADDRESSES: Applicants should send a Program Analyst, Office of Federal Advisory [FR Doc. 2020–05411 Filed 3–16–20; 8:45 am] cover letter expressing interest in an Committee Policy. BILLING CODE 4140–01–P appointment to the National Offshore [FR Doc. 2020–05432 Filed 3–16–20; 8:45 am] Safety Advisory Committee and a resume detailing the applicant’s BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND experience. We will not accept a HUMAN SERVICES biography. Applications should be submitted via National Institutes of Health DEPARTMENT OF HEALTH AND one of the following methods: • By Email: [email protected] HUMAN SERVICES National Heart, Lung, and Blood (preferred) Institute; Amended Notice of Meeting National Institutes of Health • By Fax: 202–372–8382 ; ATTN: Notice is hereby given of a change in Patrick W. [email protected], Alternate Center for Scientific Review; Amended the meeting of the National Heart, Lung, Designated Federal Officer; or Notice of Meeting and Blood Institute Special Emphasis • By Mail: Patrick W. Clark, Alternate Panel, March 24, 2020, 09:00 a.m. to Designated Federal Officer, Notice is hereby given of a change in March 24, 2020, 01:00 p.m., Bethesda Commandant (CG–OES–2), U.S. Coast the meeting of the Center for Scientific Marriott Suites, 6711 Democracy Guard Stop 7509, 2703 Martin Luther Review Special Emphasis Panel, RFA– Boulevard, Bethesda, MD 20817 which King Jr. Avenue SE, Washington, DC RM–16–005: 2020 Pioneer Award was published in the Federal Register 20593–7509. Review, April 1, 2020, 8:00 a.m., to on January 29, 2020, 85 FR 5221. FOR FURTHER INFORMATION CONTACT: April 3, 2020, 5:00 p.m., The Bethesdan The NHLBI Special Emphasis Panel Patrick W. Clark, Alternate Designated Hotel, Tapestry Collection by Hilton, meeting is being amended due to a Federal Officer of the National Offshore 8120 Wisconsin Avenue, Bethesda, MD change in the meeting format. This one- Safety Advisory Committee; Telephone 20814, which was published in the day meeting to be held on March 24, 202–372–1358; or Email at Federal Register on March 09, 2020, 85 2020 will be a teleconference meeting. [email protected]. FR 13665. The meeting is closed to the public. SUPPLEMENTARY INFORMATION: The The meeting will be held at National Dated: March 11, 2020. National Offshore Safety Advisory Institutes of Health, 6701 Rockledge Ronald J. Livingston, Jr., Committee is a Federal advisory Drive, Bethesda, MD 20892. The Program Analyst, Office of Federal Advisory committee. It will operate under the meeting date and time remain the same. Committee Policy. provisions of the Federal Advisory The meeting is closed to the public. [FR Doc. 2020–05433 Filed 3–16–20; 8:45 am] Committee Act (5 U.S.C. Appendix 2), Dated: March 11, 2020. BILLING CODE 4140–01–P and the administrative provisions in Ronald J. Livingston, Jr., Section 601 of the Frank LoBiondo Program Analyst, Office of Federal Advisory Coast Guard Authorization Act of 2018 Committee Policy. DEPARTMENT OF HOMELAND (specifically, 46 U.S.C. 15109). The Committee was established on [FR Doc. 2020–05414 Filed 3–16–20; 8:45 am] SECURITY December 4, 2018, by the Frank BILLING CODE 4140–01–P Coast Guard LoBiondo Coast Guard Authorization Act of 2018, which added section [Docket No. USCG–2019–0750] DEPARTMENT OF HEALTH AND 15106, National Offshore Safety Advisory Committee, to Title 46 of the HUMAN SERVICES National Offshore Safety Advisory U.S. Code (46 U.S.C. 15106). The Committee; Initial Solicitation for National Institutes of Health Committee will advise the Secretary of Members the Department of Homeland Security Center for Scientific Review Amended AGENCY: U.S. Coast Guard, Department on matters relating to activities directly Notice of Meeting of Homeland Security. involved with, or in support of, the ACTION: Request for applications. exploration of offshore mineral and Notice is hereby given of a change in energy resources to the extent that such the meeting of the Center for Scientific SUMMARY: The Coast Guard is requesting matters are within the jurisdiction of the Review Special Emphasis Panel, Small applications from persons interested in Coast Guard. Business: Non-HIV Anti-Infective serving as a member of the National We expect the Committee will hold Therapeutics Study Section, March 19, Offshore Safety Advisory Committee meetings at least twice a year, but they 2020, 8:00 a.m. to March 20, 2020, 6:00 (‘‘Committee’’). This recently may meet even more frequently. They p.m., at the Residence Inn Bethesda, established Committee will advise the are required to meet at least once a year. 7335 Wisconsin Avenue, Bethesda MD, Secretary of the Department of The meetings are generally held in which was published in the Federal Homeland Security on matters relating Houston, Texas and New Orleans, Register on February 20, 2020, 85 FR to activities directly involved with, or in Louisiana. 9791. support of, the exploration of offshore All members serve at their own The meeting location is being changed mineral and energy resources, to the expense and receive no salary or other to the National Institutes of Health, 6701 extent that such matters are within the compensation from the Federal Rockledge Drive, Bethesda, MD 20892. jurisdiction of the Coast Guard. Please Government. The meeting dates and times remain the read this notice for a description of the Under provisions in 46 U.S.C. same. The meeting is closed to the 15 Committee positions we are seeking 15109(f)(6), if you are appointed as a public. to fill. member of the Committee, your

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membership term will expire on Official or his or her designee may ACTION: Notice. December 31 of the third full year after release a Confidential Financial the effective date of your appointment. Disclosure Report. Applicants can SUMMARY: New or modified Base (1- The Secretary may require an individual obtain this form by going to the website percent annual chance) Flood to have passed an appropriate security of the Office of Government Ethics Elevations (BFEs), base flood depths, background examination before (www.oge.gov), or by calling or emailing Special Flood Hazard Area (SFHA) appointment to the Committee, 46 the individual listed above in the FOR boundaries or zone designations, and/or U.S.C. 15109(f)(4). In this initial FURTHER INFORMATION CONTACT section. regulatory floodways (hereinafter solicitation for Committee members, we Applications for member drawn from referred to as flood hazard will consider applications for all 15 the general public must be accompanied determinations) as shown on the positions: by a completed OGE Form 450. indicated Letter of Map Revision • Two members shall represent Registered lobbyists are not eligible to (LOMR) for each of the communities entities engaged in the production of serve on Federal Advisory Committees listed in the table below are finalized. petroleum; in an individual capacity. See ‘‘Revised Each LOMR revises the Flood Insurance • Two members shall represent Guidance on Appointment of Lobbyists Rate Maps (FIRMs), and in some cases entities engaged in offshore drilling; to Federal Advisory Committees, Boards the Flood Insurance Study (FIS) reports, • Two members shall represent and Commissions’’ (79 FR 47482, currently in effect for the listed entities engaged in the support, by August 13, 2014). Registered lobbyists communities. The flood hazard offshore supply vessels or other vessels, are ‘‘lobbyists,’’ as defined in 2 U.S.C. determinations modified by each LOMR of offshore mineral and oil operations, 1602, who are required by 2 U.S.C. 1603 will be used to calculate flood insurance including geophysical services; to register with the Secretary of the premium rates for new buildings and • One member shall represent entities Senate and the Clerk of the House of their contents. engaged in the construction of offshore Representatives. DATES: Each LOMR was finalized as in exploration and recovery facilities; The Department of Homeland the table below. • One member shall represent entities Security does not discriminate in ADDRESSES: Each LOMR is available for engaged in diving services related to selection of Committee members on the inspection at both the respective offshore construction, inspection, and basis of race, color, religion, sex, Community Map Repository address maintenance; listed in the table below and online • national origin, political affiliation, One member shall represent entities sexual orientation, gender identity, through the FEMA Map Service Center engaged in safety and training services marital status, disabilities and genetic at https://msc.fema.gov. related to offshore exploration and information, age, membership in an FOR FURTHER INFORMATION CONTACT: Rick construction; employee organization, or any other Sacbibit, Chief, Engineering Services • One member shall represent entities non-merit factor. The Department of Branch, Federal Insurance and engaged in pipelaying services related to Homeland Security strives to achieve a Mitigation Administration, FEMA, 400 offshore construction; widely diverse candidate pool for all of • Two members shall represent C Street SW, Washington, DC 20472, its recruitment selections. individuals employed in offshore (202) 646–7659, or (email) If you are interested in applying to operations and, of the two, one shall [email protected]; or visit become a member of the Committee, have recent practical experience on a the FEMA Mapping and Insurance send your cover letter and resume to vessel or offshore unit involved in the eXchange (FMIX) online at https:// Patrick Clark, Alternate Designated _ offshore mineral and energy industry; www.floodmaps.fema.gov/fhm/fmx • One member shall represent Federal Officer of the National Offshore main.html. Safety Advisory Committee via one of national environmental entities; SUPPLEMENTARY INFORMATION: The • One member shall represent the transmittal methods in the Federal Emergency Management Agency deepwater ports; and ADDRESSES section by the deadline in (FEMA) makes the final flood hazard • One member shall represent the the DATES section of this notice. If you determinations as shown in the LOMRs general public (but not a specific send your application to us via email, for each community listed in the table environmental group). we will send you an email confirming below. Notice of these modified flood Each member of the Committee must receipt of your application. hazard determinations has been have particular expertise, knowledge, Dated: March 11, 2020. published in newspapers of local and experience of their respective Jeffrey G. Lantz, circulation and 90 days have elapsed industries. Director of Commercial Regulations and since that publication. The Deputy If you are selected as a member drawn Standards. Associate Administrator for Insurance from the general public, you will be [FR Doc. 2020–05382 Filed 3–16–20; 8:45 am] and Mitigation has resolved any appeals appointed and serve as a Special BILLING CODE 9110–04–P resulting from this notification. Government Employee as defined in 18 The modified flood hazard U.S.C. 202(a). Applicants for determinations are made pursuant to appointment as a Special Government DEPARTMENT OF HOMELAND section 206 of the Flood Disaster Employee are required to complete a SECURITY Protection Act of 1973, 42 U.S.C. 4105, Confidential Financial Disclosure and are in accordance with the National Report (OGE Form 450) for new entrants Federal Emergency Management Flood Insurance Act of 1968, 42 U.S.C. and if appointed as a member must Agency 4001 et seq., and with 44 CFR part 65. submit Form 450 annually. The Coast For rating purposes, the currently [Docket ID FEMA–2020–0002] Guard may not release the reports or the effective community number is shown information in them to the public except Changes in Flood Hazard and must be used for all new policies under an order issued by a Federal Determinations and renewals. Court or as otherwise provided under The new or modified flood hazard the Privacy Act (5 U.S.C. 552a). Only the AGENCY: Federal Emergency information is the basis for the Designated U.S. Coast Guard Ethics Management Agency, DHS. floodplain management measures that

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the community is required either to floodplain management requirements. Interested lessees and owners of real adopt or to show evidence of being The community may at any time enact property are encouraged to review the already in effect in order to remain stricter requirements of its own or final flood hazard information available qualified for participation in the pursuant to policies established by other at the address cited below for each National Flood Insurance Program Federal, State, or regional entities. community or online through the FEMA (NFIP). This new or modified flood hazard Map Service Center at https:// This new or modified flood hazard determinations are used to meet the msc.fema.gov. information, together with the floodplain management requirements of (Catalog of Federal Domestic Assistance No. floodplain management criteria required the NFIP and are used to calculate the 97.022, ‘‘Flood Insurance.’’) by 44 CFR 60.3, are the minimum that appropriate flood insurance premium Michael M. Grimm, are required. They should not be rates for new buildings, and for the Assistant Administrator for Risk construed to mean that the community contents in those buildings. The Management, Department of Homeland must change any existing ordinances changes in flood hazard determinations Security, Federal Emergency Management that are more stringent in their are in accordance with 44 CFR 65.4. Agency.

Location and case Community map Community State and county No. Chief executive officer of community repository Date of modification No.

Alabama: Limestone City of Huntsville The Honorable Thomas Battle, Jr., Mayor, City Hall, 308 Fountain Circle, Mar. 9, 2020 ...... 010153 (FEMA Docket (19–04–3429P). City of Huntsville, 308 Fountain Circle, 8th Floor, Huntsville, AL No.: B–1981). 8th Floor, Huntsville, AL 35801. 35801. Colorado: Boulder (FEMA City of Boulder (19– The Honorable Suzanne Jones, Mayor, Central Records Department, Feb. 24, 2020 ...... 080024 Docket No.: 08–0629P). City of Boulder, 1777 Broadway Street, 1777 Broadway Street, Boul- B–1974). Boulder, CO 80302. der, CO 80302. Larimer (FEMA Unincorporated The Honorable Tom Donnelly, Chairman, Larimer County Engineering Feb. 21, 2020 ...... 080101 Docket No.: areas of Larimer Larimer County Board of Commis- Department, 200 West Oak B–1981). County (19–08– sioners, P.O. Box 1190, Fort Collins, Street, Suite 3000, Fort Col- 0367P). CO 80522. lins, CO 80521. Delaware: New Castle Unincorporated Mr. Matthew Meyer, New Castle County New Castle County Govern- Feb. 6, 2020 ...... 105085 (FEMA Dock- areas of New Cas- Executive, 87 Reads Way, New Castle, ment Center, 87 Reads Way, et No.: B– tle County (19– DE 19720. New Castle, DE 19720. 1974). 03–0220P). New Castle Unincorporated The Honorable Matthew Meyer, New New Castle County Land Use Feb. 13, 2020 ...... 105085 (FEMA Dock- areas of New Cas- Castle County Executive, 87 Read Department, 87 Read Way, et No.: B– tle County (19– Way, New Castle, DE 19720. New Castle, DE 19720. 1981). 03–0484P). Florida: Monroe (FEMA Unincorporated The Honorable Sylvia Murphy, Mayor, Monroe County Building De- Mar. 2, 2020 ...... 125129 Docket No.: areas of Monroe Monroe County Board of Commis- partment, 2798 Overseas B–1981). County (19–04– sioners, 102050 Overseas Highway, Highway, Suite 300, Mara- 6687P). Suite 234, Key Largo, FL 33037. thon. FL 33050. Osceola (FEMA City of St. Cloud The Honorable Nathan Blackwell, Mayor, City Hall, 1300 9th Street, St. Feb. 28, 2020 ...... 120191 Docket No.: (19–04–0759P). City of St. Cloud, 1300 9th Street, St. Cloud, FL 34769. B–1981). Cloud, FL 34769. Osceola (FEMA Unincorporated The Honorable Fred Hawkins, Jr., Chair- Osceola County Human Re- Feb. 28, 2020 ...... 120189 Docket No.: areas of Osceola man, Osceola County Board of Com- sources Department, 1 B–1981). County (19–04– missioners, 1 Courthouse Square, Suite Courthouse Square, Suite 0759P). 4700, Kissimmee, FL 34741. 4700, Kissimmee, FL 34741. Pasco (FEMA Unincorporated Mr. Dan Biles, Pasco County Adminis- Pasco County Facilities Man- Feb. 24, 2020 ...... 120230 Docket No.: areas of Pasco trator, 8731 Citizens Drive, New Port agement Department, 38301 B–1981). County (19–04– Richey, FL 34652. McDonald Street, Dade City, 0816P). FL 33525. Sarasota (FEMA City of Sarasota The Honorable Liz Alpert, Mayor, City of Development Services Depart- Feb. 24, 2020 ...... 125150 Docket No.: (19–04–4552P). Sarasota, 1565 1st Street, Room 101, ment, 1565 1st Street, Sara- B–1981). Sarasota, FL 34236. sota, FL 34236. Louisiana: Lafayette City of Youngsville The Honorable Ken Ritter, Mayor, City of City Hall, 305 Iberia Street, Feb. 6, 2020 ...... 220358 (FEMA Dock- (18–06–2837P). Youngsville, 305 Iberia Street, Youngsville, LA 70592. et No.: B– Youngsville, LA 70592. 1981). Montana: Gallatin (FEMA City of Bozeman Ms. Andrea Surratt, City of Bozeman City Hall, 20 East Olive Street, Mar. 2, 2020 ...... 300028 Docket No.: (19–08–0500P). Manager, P.O. Box 1230, Bozeman, Bozeman, MT 59715. B–1981). MT 59771. Gallatin (FEMA Unincorporated The Honorable Joe P. Skinner, Chairman, Gallatin County Department of Mar. 2, 2020 ...... 300027 Docket No.: areas of Gallatin Gallatin County Board of Commis- Planning and Community De- B–1981). County (19–08– sioners, 311 West Main Street, Room velopment Department, 0500P). 306, Bozeman, MT 59715. Bozeman, MT 59715. Nevada: Clark (FEMA City of Henderson Mr. Richard A. Derrick, City of Henderson Public Works Department, 240 Feb. 5, 2020 ...... 320005 Docket No.: (19–09–0090P). Manager, P.O. Box 95050, Henderson, South Water Street, Hender- B–1981). NV 89009. son, NV 89009. Clark (FEMA Unincorporated The Honorable Marilyn Kirkpatrick, Chair, Clark County Drainage Review Feb. 5, 2020 ...... 320003 Docket No.: areas of Clark Clark County Board of Commissioners, Department, 500 South B–1981). County (19–09– 500 South Grand Central Parkway, Las Grand Central Parkway, Las 0090P). Vegas, NV 89155. Vegas, NV 89155. North Carolina:

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Location and case Community map Community State and county No. Chief executive officer of community repository Date of modification No.

Cleveland Unincorporated The Honorable Susan K. Allen, Chair, Cleveland County Planning De- Mar. 6, 2020 ...... 370302 (FEMA Dock- areas of Cleveland Cleveland County Board of Commis- partment, 1333 Fallston et No.: B– County (19–04– sioners, 311 East Marion Street, Road, Shelby, NC 28150. 1981). 0261P). Shelby, NC 28150.. Cumberland Town of Hope Mills The Honorable Jackie Warner, Mayor, Town Hall, 5770 Rockfish Mar. 6, 2020 ...... 370312 (FEMA Dock- (18–04–6701P). Town of Hope Mills, 5770 Rockfish Road, Hope Mills, NC 28348. et No.: B– Road, Hope Mills, NC 28348. 2006). Cumberland Unincorporated The Honorable W. Marshall Faircloth, Cumberland County Engineer- Mar. 6, 2020 ...... 370076 (FEMA Dock- areas of Cum- Chairman, Cumberland County Board ing and Infrastructure Depart- et No.: B– berland County of Commissioners, P.O. Box 1829, Fay- ment, 130 Gillespie Street, 2006). (18–04–6701P). etteville, NC 28302l Suite 214, Fayetteville, NC 28301l Ohio: Warren (FEMA City of Lebanon (19– The Honorable Amy Brewer, Mayor, City Engineering Department, 50 Feb. 10, 2020 ...... 390557. Docket No.: 05–2274P). of Lebanon, 50 South Broadway Street, South Broadway Street, Leb- B–1974). Lebanon, OH 45036. anon, OH 45036. Oklahoma: Canadian City of Oklahoma The Honorable David Holt, Mayor, City of Department of Public Works, Feb. 21, 2020...... 405378 (FEMA Dock- City (19–06– Oklahoma City, 200 North Walker Ave- 420 West Main Street, Suite et No.: B– 3217P). nue, Oklahoma City, OK 73102. 700, Oklahoma City, OK 1974). 73102. Tulsa (FEMA City of Collinsville The Honorable Bud York, Mayor, City of Engineering Department, 106 Feb. 10, 2020 ...... 400360 Docket No.: (19–06–1337P). Collinsville, P.O. Box 730, Collinsville, North 12th Street, Collins- B–1974). OK 74021. ville, OK 74021. Tulsa (FEMA Unincorporated The Honorable Karen Keith, Chair, Tulsa Tulsa County Inspections De- Feb. 10, 2020 ...... 400462 Docket No.: areas of Tulsa County Board of Commissioners, 500 partment, 633 West 3rd B–1974). County (19–06– South Denver Avenue, Tulsa, OK Street, Tulsa, OK 74127. 1337P). 74103. Texas: Bexar (FEMA City of Schertz The Honorable Michael Carpenter, Mayor, Public Works Department, Feb. 10, 2020 ...... 480269 Docket No.: (19-06-1878P). City of Schertz, 1400 Schertz Pkwy, Floodplain Management Divi- B–1981). Schertz, TX 78154. sion, 10 Commercial Place, Schertz, TX 78154. Bexar (FEMA Unincorporated The Honorable Nelson W. Wolff, Bexar Bexar County Public Works Feb. 18, 2020 ...... 480035 Docket, No.: areas of Bexar County Judge, 101 West Nueva Street, Department, 1948 Probandt B–1981). County (19–06– 10th Floor, San Antonio, TX 78205. Street, San Antonio, TX 0327P). 78214. Collin (FEMA City of Murphy (19– The Honorable Scott Bradley, Mayor, City City Hall, 206 North Murphy Feb. 10, 2020 ...... 480137 Docket No.: 06–0931P). of Murphy, 206 North Murphy Road, Road, Murphy, TX 75094. B–1981). Murphy, TX 75094. Collin (FEMA City of Plano (20– The Honorable Harry LaRosiliere, Mayor, Department of Engineering, Feb. 28, 2020 ...... 480140 Docket, No.: 06–0039P). City of Plano, 1520 K Avenue, Plano, 1520 K Avenue, Plano, TX B–1981). TX 75074. 75074. Collin (FEMA City of Sachse (19– The Honorable Mike Felix, Mayor, City of Public Works Department, Feb. 10, 2020 ...... 480186 Docket No.: 06–0931P). Sachse, 3815 Sachse Road, Building 3815 Sachse Road, Building B–1981). B, Sachse, TX 75048. B, Sachse, TX 75048. Denton (FEMA Town of Argyle (19– The Honorable Donald Moser, Mayor, Town Hall, 308 Denton Street, Feb. 28, 2020 ...... 480775 Docket No.: 06–1846P). Town of Argyle, P.O. Box 609, Argyle, Argyle, TX 76226. B–1981). TX 76226. Johnson (FEMA City of Burleson (19– The Honorable Ken Shetter, Mayor, City City Hall, 141 West Renfro Feb. 24, 2020 ...... 485459 Docket No.: 06–0971P). of Burleson, 141 West Renfro Street, Street, Burleson, TX 76028. B–1981). Burleson, TX 76028. McClennan City of Waco (18– The Honorable Kyle Deaver, Mayor, City Public Works Department, 401 Feb. 7, 2020 ...... 480461 (FEMA Dock- 06–2475P). of Waco, P.O. Box 2570, Waco, TX Franklin Avenue, Waco, TX et No.: B– 76702. 76701. 1981). Tarrant (FEMA City of Arlington (19– The Honorable Jeff Williams, Mayor, City Public Works and Transpor- Feb. 27, 2020 ...... 485454 Docket No.: 06–1226P). of Arlington, P.O. Box 90231, Arlington, tation Department, 101 West B–1981). TX 76004. Abram Street, Arlington, TX 76010. Tarrant (FEMA City of Euless (19– The Honorable Linda Martin, Mayor, City Planning and Engineering De- Feb. 6, 2020 ...... 480593 Docket No.: 06–0184P). of Euless, 201 North Ector Drive, Eu- partment, 201 North Ector B–1974). less, TX 76039. Drive, Euless, TX 76039. Tarrant (FEMA City of Fort Worth The Honorable Betsy Price, Mayor, City Transportation and Public Feb. 6, 2020 ...... 480596 Docket No.: (19–06–0498P). of Fort Worth, 200 Texas Street, Fort Works Department, Engi- B–1974). Worth, TX 76102. neering Vault, 200 Texas Street, Fort Worth, TX 76102. Tarrant (FEMA City of Fort Worth The Honorable Betsy Price, Mayor, City Transportation and Public Mar. 2, 2020 ...... 480596 Docket, No.: (19–06–0840P). of Fort Worth, 200 Texas Street, Fort Works, Engineering Depart- B–1981). Worth, TX 76102. ment, 200 Texas Street, Fort Worth, TX 76102. Tarrant (FEMA City of Fort Worth The Honorable Betsy Price, Mayor, City Transportation and Public Feb. 28, 2020 ...... 480596 Docket No.: (19–06–3630P). of Fort Worth, 200 Texas Street, Fort Works, Engineering Depart- B–1981). Worth, TX 76102. ment, 200 Texas Street, Fort Worth, TX 76102. Tarrant (FEMA City of Haltom City The Honorable An Truong, Mayor, City of Public Works Services Depart- Feb. 6, 2020 ...... 480599 Docket, No.: (19–06–0498P). Haltom City, 5024 Broadway Avenue, ment, 4200 Hollis Street, B–1974). Haltom City, TX 76117. Haltom City, TX 76111.

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Location and case Community map Community State and county No. Chief executive officer of community repository Date of modification No.

Utah: Salt Lake City of Riverton (19– The Honorable Trent Staggs, Mayor, City Public Works Department, Feb. 13, 2020 ...... 490104 (FEMA Docket 08–0446P) of Riverton, 12830 South Redwood 12526 South 4150 West, No.: B–1974) Road, Riverton, UT 84065 Riverton, UT 84096 Washington City of St. George The Honorable Jon Pike, Mayor, City of Public Works Department, 175 Feb. 21, 2020 ...... 490177 (FEMA Dock- (19–08–0174P). St. George, 175 East 200 North, St. East 200 North, St. George, et No.: B– George, UT 84770. UT 84770. 1981). Washington City of Santa Clara The Honorable Rick Rosenberg, Mayor, Building Department, 2603 Feb. 21, 2020 ...... 490178 (FEMA Dock- (19–08–0174P). City of Santa Clara, 2603 Santa Clara Santa Clara Drive, Santa et No.: B– Drive, Santa Clara, UT 84765. Clara, UT 84765. 1981).

[FR Doc. 2020–05518 Filed 3–16–20; 8:45 am] and FIS report are used by insurance listed below for the new or modified BILLING CODE 9110–12–P agents and others to calculate flood hazard information for each appropriate flood insurance premium community listed. Notification of these rates for buildings and the contents of changes has been published in DEPARTMENT OF HOMELAND those buildings. newspapers of local circulation and 90 SECURITY DATES: The date of June 19, 2020 has days have elapsed since that been established for the FIRM and, publication. The Deputy Associate Federal Emergency Management where applicable, the supporting FIS Administrator for Insurance and Agency report showing the new or modified Mitigation has resolved any appeals [Docket ID FEMA–2020–0002] flood hazard information for each resulting from this notification. community. This final notice is issued in Final Flood Hazard Determinations ADDRESSES: The FIRM, and if accordance with section 110 of the AGENCY: Federal Emergency applicable, the FIS report containing the Flood Disaster Protection Act of 1973, Management Agency, DHS. final flood hazard information for each 42 U.S.C. 4104, and 44 CFR part 67. ACTION: Notice. community is available for inspection at FEMA has developed criteria for the respective Community Map floodplain management in floodprone SUMMARY: Flood hazard determinations, Repository address listed in the tables areas in accordance with 44 CFR part which may include additions or below and will be available online 60. modifications of Base Flood Elevations through the FEMA Map Service Center Interested lessees and owners of real (BFEs), base flood depths, Special Flood at https://msc.fema.gov by the date property are encouraged to review the Hazard Area (SFHA) boundaries or zone indicated above. new or revised FIRM and FIS report designations, or regulatory floodways on FOR FURTHER INFORMATION CONTACT: available at the address cited below for the Flood Insurance Rate Maps (FIRMs) Rick and where applicable, in the supporting Sacbibit, Chief, Engineering Services each community or online through the Flood Insurance Study (FIS) reports Branch, Federal Insurance and FEMA Map Service Center at https:// have been made final for the Mitigation Administration, FEMA, 400 msc.fema.gov. communities listed in the table below. C Street SW, Washington, DC 20472, The flood hazard determinations are The FIRM and FIS report are the basis (202) 646–7659, or (email) made final in the watersheds and/or of the floodplain management measures [email protected]; or visit communities listed in the table below. that a community is required either to the FEMA Map and Insurance eXchange (Catalog of Federal Domestic Assistance No. (FMIX) online at https:// 97.022, ‘‘Flood Insurance.’’) adopt or to show evidence of having in _ effect in order to qualify or remain www.floodmaps.fema.gov/fhm/fmx main.html. Michael M. Grimm, qualified for participation in the Federal Assistant Administrator for Risk Emergency Management Agency’s SUPPLEMENTARY INFORMATION: The Management, Department of Homeland (FEMA’s) National Flood Insurance Federal Emergency Management Agency Security, Federal Emergency Management Program (NFIP). In addition, the FIRM (FEMA) makes the final determinations Agency.

Community Community map repository address

Fulton County, Georgia and Incorporated Areas Docket No.: FEMA–B–1808 and FEMA B–1905

City of Milton ...... City Hall, 2006 Heritage Walk, Milton, GA 30004. City of Roswell ...... City Hall, 38 Hill Street, Suite 235, Roswell, GA 30075.

Ada County, Idaho and Incorporated Areas Docket Nos.: FEMA–B–1703 and FEMA–B–1832

City of Boise ...... City Hall, 150 North Capitol Boulevard, Boise, ID 83702. City of Eagle ...... City Hall, 660 East Civic Lane, Eagle, ID 83616. City of Garden City ...... City Hall, 6015 North Glenwood Street, Garden City, ID 83714. City of Meridian ...... Public Works Department, 33 East Broadway Avenue, Suite 200, Me- ridian, ID 83642. City of Star ...... City Hall, 10769 West State Street, Star, ID 83669. Unincorporated Areas of Ada County ...... Ada County Courthouse, 200 West Front Street, Boise, ID 83702.

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Community Community map repository address

Floyd County, Iowa and Incorporated Areas Docket No.: FEMA–B–1906

City of Charles City ...... City Hall, 105 Milwaukee Mall, Charles City, IA 50616. City of Floyd ...... City Hall, 617 Monroe Street, Floyd, IA 50435. City of Marble Rock ...... City Hall, 105 Main Street South, Marble Rock, IA 50653. City of Nora Springs ...... City Hall, 45 North Hawkeye Avenue, Nora Springs, IA 50458. City of Rockford ...... City Hall, 206 West Main Avenue, Rockford, IA 50468. City of Rudd ...... City Hall, 402 Chickasaw Street, Rudd, IA 50471. Unincorporated Areas of Floyd County ...... Floyd County Courthouse, 101 South Main Street, Suite 206, Charles City, IA 50616.

Winnebago County, Iowa and Incorporated Areas Docket No.: FEMA–B–1906

City of Buffalo Center ...... City Hall, 201 2nd Avenue Southwest, Buffalo Center, IA 50424. City of Lake Mills ...... City Hall, 105 West Main Street, Lake Mills, IA 50450. City of Leland ...... City Hall, 316 Walnut Street, Leland, IA 50453. City of Rake ...... Town Hall, 101 East Grace Street, Rake, IA 50465. City of Scarville ...... City Hall, 121 Main Street, Scarville, IA 50473. City of Thompson ...... City Hall, 167 2nd Avenue West, Thompson, IA 50478. Unincorporated Areas of Winnebago County ...... Winnebago County Courthouse, 126 South Clark Street, Forest City, IA 50436.

Barnstable County, Massachusetts (All Jurisdictions) Docket No.: FEMA–B–1842

Town of Bourne ...... Bourne Town Hall, 24 Perry Avenue, Buzzards Bay, MA 02532.

Norfolk County, Massachusetts (All Jurisdictions) Docket No.: FEMA–B–1842

Town of Cohasset ...... Town Hall, 41 Highland Avenue, Cohasset, MA 02025.

Monroe County, Michigan (All Jurisdictions) Docket No.: FEMA–B–1873

Charter Township of Berlin ...... Berlin Charter Township Hall, 8000 Swan View Road, Newport, MI 48166. Charter Township of Frenchtown ...... Frenchtown Charter Township Building, 2744 Vivian Road, Monroe, MI 48162. Charter Township of Monroe ...... Township Hall, 4925 East Dunbar Road, Monroe, MI 48161. City of Luna Pier ...... City Hall, 4357 Buckeye Street, Luna Pier, MI 48157. City of Monroe ...... City Hall, 120 East First Street, Monroe, MI 48161. Township of Erie ...... Township Hall, 2065 Erie Road, Erie, MI 48133. Township of LaSalle ...... Township Hall, 4111 LaPlaisance Road, LaSalle, MI 48145. Village of Estral Beach ...... Estral Beach Village Hall, 7194 Lakeview Boulevard, Newport, MI 48166.

Beaufort County, North Carolina and Incorporated Areas Docket No.: FEMA–B–1718

City of Washington ...... Town Hall, 102 East Second Street, Washington, NC 27889. Town of Aurora ...... Town Hall, 295 Main Street, Aurora, NC 27806. Town of Bath ...... Town Hall, 103 South King Street, Bath, NC 27808. Town of Belhaven ...... Building and Inspection Department, 315 East Main Street, Belhaven, NC 27810. Town of Chocowinity ...... Public Works Department, 3391 Highway 17 South, Chocowinity, NC 27817. Town of Pantego ...... Town Hall, 142 Swamp Road, Pantego, NC 27860. Town of Washington Park ...... Washington Park Town Office, 408 Fairview Avenue, Washington, NC 27889. Unincorporated Areas of Beaufort County ...... Beaufort County Building Inspections, 220 North Market Street, Wash- ington, NC 27889.

Carteret County, North Carolina and Incorporated Areas Docket No.: FEMA–B–1718

Town of Cedar Point ...... Town Hall, 427 Sherwood Avenue, Cedar Point, NC 28584. Town of Emerald Isle ...... Town Hall, 7500 Emerald Drive, Emerald Isle, NC 28594. Unincorporated Areas of Carteret County ...... Carteret County Planning and Inspections Department, 402 Broad Street, Beaufort, NC 28516.

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Community Community map repository address

Craven County, North Carolina and Incorporated Areas Docket No.: FEMA–B–1718

City of Havelock ...... Planning Department, 199 Cunningham Boulevard, Havelock, NC 28532. City of New Bern ...... City Hall, 300 Pollock Street, New Bern, NC 28560. Town of Bridgeton ...... Town Hall, 201 Highway 17 North, Bridgeton, NC 28519. Town of River Bend ...... Town Hall, 45 Shoreline Drive, River Bend, NC 28562. Town of Trent Woods ...... Town Hall, 912 Country Club Drive, Trent Woods, NC 28562. Unincorporated Areas of Craven County ...... Craven County GIS and Mapping Department, 226 Pollock Street, New Bern, NC 28560.

Currituck County, North Carolina and Incorporated Areas Docket No.: FEMA–B–1616

Unincorporated Areas of Currituck County ...... Currituck County Planning and Inspections Department, 153 Court- house Road, Currituck, NC 27929.

Dare County, North Carolina and Incorporated Areas Docket No.: FEMA–B–1718

Town of Duck ...... Administrative Office, 1200 Duck Road, Duck, NC 27949. Town of Kill Devil Hills ...... Planning and Inspections, 102 Town Hall Drive, Kill Devil Hills, NC 27948. Town of Kitty Hawk ...... Town Hall, 101 Veterans Memorial Drive, Kitty Hawk, NC 27949. Town of Manteo ...... Town Hall, 407 Budleigh Street, Manteo, NC 27954. Town of Nags Head ...... Planning Department, 5401 South Croatan Highway, Nags Head, NC 27959. Town of Southern Shores ...... Town Hall, 5375 North Virginia Dare Trail, Southern Shores, NC 27949. Unincorporated Areas of Dare County ...... Dare County GIS, Administration Building, 954 Marshall C. Collins Drive, Manteo, NC 27954.

Hyde County, North Carolina and Incorporated Areas Docket No.: FEMA–B–1718

Unincorporated Areas of Hyde County ...... Hyde County Building Inspections Department, 1223 Main Street, Swan Quarter, NC 27885.

Jones County, North Carolina and Incorporated Areas Docket No.: FEMA–B–1718

Unincorporated Areas of Jones County ...... Jones County Government Office, 418 Highway 58 North, Trenton, NC 28585.

Lenoir County, North Carolina and Incorporated Areas Docket No.: FEMA–B–1718

Unincorporated Areas of Lenoir County ...... Lenoir County Administration Building, 101 North Queen Street, Kinston, NC 28502.

Onslow County, North Carolina and Incorporated Areas Docket No.: FEMA–B–1718

City of Jacksonville ...... City Hall, 815 New Bridge Street, Jacksonville, NC 28540. Town of Holly Ridge ...... Town Hall, 212 North Dyson Street, Holly Ridge, NC 28445. Town of North Topsail Beach ...... Town Hall, 2008 Loggerhead Court, North Topsail Beach, NC 28460. Town of Richlands ...... Town Hall, 302 South Wilmington Street, Richlands, NC 28574. Town of Swansboro ...... Town Hall, Zoning Department, 601 West Corbett Avenue, Swansboro, NC 28584. Unincorporated Areas of Onslow County ...... Onslow County Floodplain Administration, 234 Northwest Corridor Bou- levard, Jacksonville, NC 28540.

Pamlico County, North Carolina and Incorporated Areas Docket No.: FEMA–B–1718

Town of Alliance ...... Pamlico County Building Inspector’s Office, 202 Main Street, Bayboro, NC 28515. Town of Bayboro ...... Town Hall, 208 North Street, Bayboro, NC 28515. Town of Grantsboro ...... Pamlico County Building Inspector’s Office, 202 Main Street, Bayboro, NC 28515. Town of Mesic ...... Pamlico County Building Inspector’s Office, 202 Main Street, Bayboro, NC 28515. Town of Minnesott Beach ...... Minnesott Beach Town Hall, 11758 NC Highway 306 South, Arapahoe, NC 28510.

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Community Community map repository address

Town of Oriental ...... Town Hall, 507 Church Street, Oriental, NC 28571. Town of Stonewall ...... Town Hall, 74 Spain Farm Road, Stonewall, NC 28583. Unincorporated Areas of Pamlico County ...... Pamlico County Building Inspector’s Office, 202 Main Street, Bayboro, NC 28515.

Pitt County, North Carolina and Incorporated Areas Docket No.: FEMA–B–1718

City of Greenville ...... City Hall, 200 West 5th Street, Greenville, NC 27858. Town of Grimesland ...... Town Hall, 7592 Pitt Street, Grimesland, NC 27837. Unincorporated Areas of Pitt County ...... Pitt County Planning Department, 1717 West 5th Street, Greenville, NC 27834. Village of Simpson ...... Village Hall, 2768 Thompson Street, Simpson, NC 27879.

Tyrrell County, North Carolina and Incorporated Areas Docket No.: FEMA–B–1718

Unincorporated Areas of Tyrrell County ...... Tyrrell County Planning Department, 108 South Water Street, Colum- bia, NC 27925.

Washington County, North Carolina and Incorporated Areas Docket No.: FEMA–B–1718

Unincorporated Areas of Washington County ...... Washington County Permits, Inspections and Emergency Management Department, 205 East Main Street, Plymouth, NC 27962.

Scioto County, Ohio and Incorporated Areas Docket No.: FEMA–B–1902

City of Portsmouth ...... City Hall, 728 2nd Street, Portsmouth, OH 45662. Unincorporated Areas of Scioto County...... Scioto County Floodplain Office, 602 7th Street, Portsmouth, OH 45662. Village of New Boston ...... Village Office, 3980 Rhodes Avenue, New Boston, OH 45662.

Newport County, Rhode Island (All Jurisdictions) Docket No.: FEMA–B–1842

Town of Little Compton ...... Town Hall, 40 Commons, Little Compton, RI 02837. Town of Tiverton ...... Town Hall, 343 Highland Road, Tiverton, RI 02878.

Bexar County, Texas and Incorporated Areas Docket No.: FEMA–B–1865

City of San Antonio ...... Transportation and Capital Improvements Department, Storm Water Di- vision, 114 West Commerce Street, 6th Floor, San Antonio, TX 78205. City of Terrell Hills ...... Terrell Hills City Hall, 5100 North New Braunfels Avenue, San Antonio, TX 78209.

Denton County, Texas and Incorporated Areas Docket No.: FEMA–B–1865

City of Corinth ...... City Hall, 3300 Corinth Parkway, Corinth, TX 76208. City of Lake Dallas ...... Development Services, 212 Main Street, Lake Dallas, TX 75065. Town of Shady Shores ...... Town Hall, 101 South Shady Shores Road, Shady Shores, TX 76208. Unincorporated Areas of Denton County ...... Denton County Public Works-Planning, 1505 East McKinney Street, Suite 175, Denton, TX 76209.

Utah County, Utah and Incorporated Areas Docket No.: FEMA–B–1838

City of Alpine ...... Public Works Building, 181 East 200 North, Alpine, UT 84004. City of American Fork ...... City Administration, 51 East Main Street, American Fork, UT 84003. City of Cedar Hills ...... City Hall, 10246 North Canyon Road, Cedar Hills, UT 84062. City of Draper ...... City Hall, 1020 East Pioneer Road, Draper, UT 84020. City of Highland ...... City Hall, 5400 West Civic Center Drive, Suite 1, Highland, UT 84003. City of Lehi ...... City Hall, 153 North 100 East, Lehi, UT 84043. City of Lindon ...... City Center, 100 North State Street, Lindon, UT 84042. City of Mapleton ...... City Office, 125 West Community Center Way, Mapleton, UT 84664. City of Orem ...... City Center, 56 North State Street, Orem, UT 84057. City of Payson ...... City Hall, 439 West Utah Avenue, Payson, UT 84651. City of Provo ...... City Center, 351 West Center Street, Provo, UT 84601. City of Salem ...... City Office, 30 West 100 South, Salem, UT 84653. City of Saratoga Springs ...... City Hall, 1307 North Commerce Drive, Suite 200, Saratoga Springs, UT 84045.

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Community Community map repository address

City of Spanish Fork ...... City Hall, 40 South Main Street, Spanish Fork, UT 84660. City of Springville ...... City Hall, 110 South Main Street, Springville, UT 84663. City of Vineyard ...... City Hall, 125 South Main Street, Vineyard, UT 84059. Town of Genola ...... Town Office, 74 West 800 South, Genola, UT 84655. Unincorporated Areas of Utah County ...... Community Development Department, 51 South University Avenue, Suite 117, Provo, UT 84601.

City of Radford, Virginia (Independent City) Docket No.: FEMA–B–1905

City of Radford ...... City Office, 10 Robertson Street, Radford, VA 24141.

Snohomish County, Washington and Incorporated Areas Docket No.: FEMA–B–1773

City of Arlington ...... City Hall, 238 North Olympic Avenue, Arlington, WA 98223. City of Bothell ...... City Hall, 18415 101st Avenue Northeast, Bothell, WA 98011. City of Brier ...... City Hall, 2901 228th Street Southwest, Brier, WA 98036. City of Edmonds ...... City Hall, 121 5th Avenue North, Edmonds, WA 98020. City of Everett ...... City Hall, 2930 Wetmore Avenue, Suite 10–A, Everett, WA 98201. City of Gold Bar ...... City Hall, 107 5th Street, Gold Bar, WA 98251. City of Granite Falls ...... City Hall, 206 South Granite Avenue, Granite Falls, WA 98252. City of Lake Stevens ...... City Hall, Permit Center, 1812 Main Street, Lake Stevens, WA 98258. City of Lynnwood ...... City Hall, 19100 44th Avenue West, Lynnwood, WA 98036. City of Marysville ...... City Hall, 1049 State Avenue, Marysville, WA 98270. City of Mill Creek ...... City Hall, 15728 Main Street, Mill Creek, WA 98012. City of Monroe ...... City Hall, Engineering Department, 806 West Main Street, Monroe, WA 98272. City of Mountlake Terrace ...... City Hall, 6100 219th Street Southwest, Suite 200, Mountlake Terrace, WA 98043. City of Mukilteo ...... City Hall, 11930 Cyrus Way, Mukilteo, WA 98275. City of Snohomish ...... City Hall, 116 Union Avenue, Snohomish, WA 98290. City of Stanwood ...... City Hall, 10220 270th Street Northwest, Stanwood, WA 98292. City of Sultan ...... City Hall, 319 Main Street, Suite 200, Sultan, WA 98294. Stillaguamish Tribe ...... Stillaguamish Tribe, Natural Resources Department, 3322 236th Street Northeast, Arlington, WA 98223. Town of Darrington ...... Town Hall, 1005 Cascade Street, Darrington, WA 98241. Town of Index ...... Town Hall, 511 Avenue A, Index, WA 98256. Town of Woodway ...... Town Hall, 23920 113th Place West, Woodway, WA 98020. Tulalip Tribe ...... Natural Resources Department, 6406 Marine Drive, Tulalip, WA 98271. Unincorporated Areas of Snohomish County ...... Snohomish County Planning and Development Services, 3000 Rocke- feller Avenue, Everett, WA 98201.

Thurston County, Washington and Incorporated Areas Docket No.: FEMA–B–1910

City of Tenino ...... City Hall, 149 Hodgden Street South, Tenino, WA 98589. Town of Bucoda ...... Bucoda Community Center, 101A East 7th Street, Bucoda, WA 98530. Unincorporated Areas of Thurston County ...... Thurston County Courthouse, 2000 Lakeridge Drive Southwest, Build- ing One, Olympia, WA 98502.

[FR Doc. 2020–05520 Filed 3–16–20; 8:45 am] SUMMARY: This notice lists communities Letter of Map Revision (LOMR), in BILLING CODE 9110–12–P where the addition or modification of accordance with Federal Regulations. Base Flood Elevations (BFEs), base flood The LOMR will be used by insurance depths, Special Flood Hazard Area agents and others to calculate DEPARTMENT OF HOMELAND (SFHA) boundaries or zone appropriate flood insurance premium SECURITY designations, or the regulatory floodway rates for new buildings and the contents (hereinafter referred to as flood hazard of those buildings. For rating purposes, Federal Emergency Management determinations), as shown on the Flood the currently effective community Agency Insurance Rate Maps (FIRMs), and number is shown in the table below and where applicable, in the supporting must be used for all new policies and [Docket ID FEMA–2020–0002; Internal Flood Insurance Study (FIS) reports, renewals. Agency Docket No. FEMA–B–2020] prepared by the Federal Emergency DATES: These flood hazard Management Agency (FEMA) for each Changes in Flood Hazard determinations will be finalized on the community, is appropriate because of Determinations dates listed in the table below and new scientific or technical data. The revise the FIRM panels and FIS report AGENCY: Federal Emergency FIRM, and where applicable, portions of in effect prior to this determination for Management Agency, DHS. the FIS report, have been revised to the listed communities. reflect these flood hazard From the date of the second ACTION: Notice. determinations through issuance of a publication of notification of these

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changes in a newspaper of local eXchange (FMIX) online at https:// management criteria required by 44 CFR circulation, any person has 90 days in www.floodmaps.fema.gov/fhm/fmx_ 60.3, are the minimum that are required. which to request through the main.html. They should not be construed to mean community that the Deputy Associate that the community must change any SUPPLEMENTARY INFORMATION: The Administrator for Insurance and specific flood hazard determinations are existing ordinances that are more Mitigation reconsider the changes. The not described for each community in stringent in their floodplain flood hazard determination information this notice. However, the online management requirements. The may be changed during the 90-day location and local community map community may at any time enact period. repository address where the flood stricter requirements of its own or ADDRESSES: The affected communities hazard determination information is pursuant to policies established by other are listed in the table below. Revised available for inspection is provided. Federal, State, or regional entities. The flood hazard determinations are in flood hazard information for each Any request for reconsideration of accordance with 44 CFR 65.4. community is available for inspection at flood hazard determinations must be both the online location and the submitted to the Chief Executive Officer The affected communities are listed in respective community map repository of the community as listed in the table the following table. Flood hazard address listed in the table below. below. determination information for each community is available for inspection at Additionally, the current effective FIRM The modifications are made pursuant both the online location and the and FIS report for each community are to section 201 of the Flood Disaster respective community map repository accessible online through the FEMA Protection Act of 1973, 42 U.S.C. 4105, address listed in the table below. Map Service Center at https:// and are in accordance with the National Additionally, the current effective FIRM msc.fema.gov for comparison. Flood Insurance Act of 1968, 42 U.S.C. and FIS report for each community are Submit comments and/or appeals to 4001 et seq., and with 44 CFR part 65. accessible online through the FEMA the Chief Executive Officer of the The FIRM and FIS report are the basis Map Service Center at https:// community as listed in the table below. of the floodplain management measures msc.fema.gov for comparison. FOR FURTHER INFORMATION CONTACT: Rick that the community is required either to Sacbibit, Chief, Engineering Services adopt or to show evidence of having in (Catalog of Federal Domestic Assistance No. Branch, Federal Insurance and effect in order to qualify or remain 97.022, ‘‘Flood Insurance.’’) Mitigation Administration, FEMA, 400 qualified for participation in the Michael M. Grimm, C Street SW, Washington, DC 20472, National Flood Insurance Program Assistant Administrator for Risk (202) 646–7659, or (email) (NFIP). Management, Department of Homeland [email protected]; or visit These flood hazard determinations, Security, Federal Emergency Management the FEMA Mapping and Insurance together with the floodplain Agency.

Location and Chief executive Community map Online location of Date of Community State and county case No. officer of community repository letter of map revision modification No.

Arizona: Maricopa ...... City of Buckeye The Honorable Jackie A. Engineering Department, https://msc.fema.gov/portal/ Jun. 12, 2020 ..... 040039 (19–09–2206P) Meck, Mayor, City of 530 East Monroe Ave- advanceSearch Buckeye, 530 East nue, Buckeye, AZ Monroe Avenue, Buck- 85326 eye, AZ 85326. Maricopa ...... City of Goodyear The Honorable Georgia Engineering and Develop- https://msc.fema.gov/portal/ Jun. 26, 2020 ..... 040046 (19–09–2077P) Lord, Mayor, City of ment Services, 14455 advanceSearch Goodyear, 190 North West Van Buren Street, Litchfield Road, Good- Suite D101, Goodyear, year, AZ 85338 AZ 85338 Maricopa ...... City of Phoenix The Honorable Kate Street Transportation De- https://msc.fema.gov/portal/ Jun. 26, 2020 ..... 040051 (20–09–0214P) Gallego, Mayor, City of partment, 200 West advanceSearch Phoenix, 200 West Washington Street, 5th Washington Street, Floor, Phoenix, AZ Phoenix, AZ 85003 85003 Maricopa ...... Unincorporated The Honorable Clint L. Flood Control District of https://msc.fema.gov/portal/ Jun. 12, 2020 ..... 040037 Areas of Mari- Hickman, Chairman, Maricopa County, 2801 advanceSearch copa County Board of Supervisors, West Durango Street, (19–09–0546P) Maricopa County, 301 Phoenix, AZ 85009 West Jefferson Street, 10th Floor, Phoenix, AZ 85003 Maricopa ...... Unincorporated The Honorable Clint L. Flood Control District of https://msc.fema.gov/portal/ Jun. 26, 2020 ..... 040037 Areas of Mari- Hickman, Chairman, Maricopa County, 2801 advanceSearch copa County Board of Supervisors, West Durango Street, (19–09–1186P) Maricopa County, 301 Phoenix, AZ 85009 West Jefferson Street, 10th Floor, Phoenix, AZ 85003 Maricopa ...... Unincorporated The Honorable Clint L. Flood Control District of https://msc.fema.gov/portl/ Jun. 12, 2020 ..... 040037 Areas of Mari- Hickman, Chairman, Maricopa County, 2801 advanceSearch copa County Board of Supervisors, West Durango Street, (19–09–2206P) Maricopa County, 301 Phoenix, AZ 85009 West Jefferson Street, 10th Floor, Phoenix, AZ 85003 California:

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Location and Chief executive Community map Online location of Date of Community State and county case No. officer of community repository letter of map revision modification No.

San Diego ...... City of San The Honorable Kevin L. Development Services https://msc.fema.gov/portal/ Jun. 22, 2020 ..... 060295 Diego (19–09– Faulconer, Mayor, City Department, 1222 1st advanceSearch 1533P) of San Diego, 202 C Avenue, MS 301, San Street, 11th Floor, San Diego, CA 92101 Diego, CA 92101 San Diego ...... City of Vista (19– The Honorable Judy Rit- City Hall, 200 Civic Cen- https://msc.fema.gov/portal/ Jun. 17, 2020 ..... 060297 09–1368P) ter, Mayor, City of ter Drive, Vista, CA advanceSearch Vista, 200 Civic Center 92084 Drive, Vista, CA 92084 Sonoma ...... City of The Honorable Leah Public Works Department, https://msc.fema.gov/portal/ Jun. 19, 2020 ..... 060378 Healdsburg Gold, Mayor, City of 401 Grove Street, advanceSearch (19–09–2240P) Healdsburg, 401 Grove Healdsburg, CA 95448 Street, Healdsburg, CA 95448. Florida: St. Johns .. Unincorporated Mr. Jeb S. Smith, St. St. Johns County, Build- https://msc.fema.gov/portal/ Jun. 25, 2020 ..... 125147 Areas of St. Johns County Chair- ing Department, 4040 advanceSearch Johns County man, 500 San Sebas- Lewis Speedway, St. (19–04–4794P) tian View, St. Augus- Augustine, FL 32084 tine, FL 32084 Hawaii: Maui ...... Maui County The Honorable Michael P. County of Maui Planning https://msc.fema.gov/portal/ Jun. 22, 2020 ..... 150003 (19–09–1600P) Victorino, Mayor, Coun- Department, 2200 Main advanceSearch ty of Maui, 200 South Street, Suite 315, High Street, Kalana O Wailuku, HI 96793 Maui Building 9th Floor, Wailuku, HI 96793 Idaho: Ada ...... Unincorporated The Honorable Kendra Ada County Courthouse, https://msc.fema.gov/portal/ Jun. 19, 2020 ..... 160001 Areas of Ada Kenyon, Chair of the 200 West Front Street, advanceSearch County (20– Board, District 3 Com- Boise, ID 83702 10–0034P) missioner, Ada County Courthouse, 200 West Front Street, 3rd Floor, Boise, ID 83702 Minnesota: Olmsted ...... City of Rochester The Honorable Kim Nor- City Hall, 201 4th Street https://msc.fema.gov/portal/ Jun. 18, 2020 ..... 275246 (19–05–2402P) ton, Mayor, City of Southeast, Rochester, advanceSearch Rochester, City Hall, MN 55904 201 4th Street South- east Room 281, Roch- ester, MN 55904 Olmsted ...... Unincorporated Mr. Jim Bier, County Olmsted County Govern- https://msc.fema.gov/portal/ Jun. 18, 2020 ..... 270626 Areas of Board Chair, Olmsted ment Center, 151 4th advanceSearch Olmsted Coun- County Board of Com- Street Southeast, Roch- ty (19–05– missioners, 151 4th ester, MN 55904 2402P) Street Southeast, Roch- ester, MN 55904 New Jersey: Essex ...... Township of The Honorable Michael Engineering Office, 152 https://msc.fema.gov/portal/ Jun. 1, 2020 ...... 340177 Belleville (20– Melham, Mayor, Town- Washington Avenue, advanceSearch 02–0232P) ship of Belleville, 152 Belleville, NJ 07109 Washington Avenue, Belleville, NJ 07109 Essex ...... Township of Nut- The Honorable Dr. Jo- Township Hall, 1 Kennedy https://msc.fema.gov/portal/ Jun. 1, 2020 ...... 340191 ley (20–02– seph Scarpelli, Mayor, Drive, Nutley, NJ 07110 advanceSearch 0232P) Township of Nutley, 1 Kennedy Drive, Nutley, NJ 07110 Texas: Dallas ...... City of Grand The Honorable Ron Jen- City Development Center, https://msc.fema.gov/portal/ Jun. 1, 2020 ...... 485472 Prairie (19–06– sen, Mayor, City of 206 West Church advanceSearch 1737P) Grand Prairie, 317 Street, Grand Prairie, West College Street, TX 75050 Grand Prairie, TX 75050 Dallas ...... City of Irving The Honorable Rick Capital Improvement Pro- https://msc.fema.gov/portal/ Jun. 1, 2020 ...... 480180 (19–06–1737P) Stopfer, Mayor, City of gram Department, 825 advanceSearch Irving, 825 West Irving West Irving Boulevard, Boulevard, Irving, TX Irving, TX 75060 75060

[FR Doc. 2020–05519 Filed 3–16–20; 8:45 am] BILLING CODE 9110–12–P

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DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: not have jurisdiction over appeals of SECURITY I. Proposed Changes to the Form ‘‘no risk’’ determinations under the Instructions for Form I–290B Adam Walsh Child Protection and U.S. Citizenship and Immigration Safety Act of 2006, Public Law 109–248, Services On December 6, 2019, USCIS 120 Stat. 587 (AWA). Section 402(a)(2) published a notice in the Federal [OMB Control Number 1615–0095] of the AWA bars approval of family- Register requesting public comments for 60-days on its proposed update to the based visa petitions filed by U.S. Agency Information Collection citizens who have been convicted of a Activities; Revision of a Currently Form I–290B, Notice of Appeal or Motion, and its form instructions. 84 FR ‘‘specified offense against a minor’’ Approved Collection: Notice of Appeal unless the DHS Secretary, in his or her or Motion 66924 (Dec. 6, 2019) (60-day notice). In the 60-day notice, USCIS explained that ‘‘sole and unreviewable discretion,’’ AGENCY: U.S. Citizenship and it was proposing to clarify the AAO’s determines that the U.S. citizen poses Immigration Services, Department of procedural requirements as provided in ‘‘no risk’’ to the beneficiary of the Homeland Security. the Form I–290B in a number of ways. petition. For the reasons provided in the ACTION: 30-Day notice. USCIS received six comments and we 60-day notice and in the responses to have responded to the comments in the the public comments, this change is SUMMARY: The Department of Homeland addendum attached to the supporting maintained in the update to the Form I– Security (DHS), U.S. Citizenship and statement that has been submitted to 290B Instructions. Immigration Services (USCIS) will be OMB with the request for approval of submitting the following information this information collection. A summary (7) Define the Term ‘‘New Facts’’ for collection request to the Office of of the changes that were proposed and Motions To Reopen Management and Budget (OMB) for the outcome of each proposal in the After considering public comments, review and clearance in accordance final form and instructions submitted to USCIS has removed this change from with the Paperwork Reduction Act of OMB for review and clearance in the form instructions. 1995. The purpose of this notice is to accordance with the Paperwork allow an additional 30 days for public Reduction Act are as follows: (8) Certain Beneficiaries of Employment- comments. (1) Appeals Must Address All Grounds Based Immigrant Petitions Are DATES: Comments will be accepted until of Ineligibility Identified in the Considered Affected Parties for April 16, 2020. Unfavorable Decision Revocation Proceedings ADDRESSES: Written comments and/or suggestions regarding the item(s) For the reasons provided in the 60- This change is maintained in the contained in this notice, especially day notice and in the responses to the update to the Form I–290B Instructions. public comments, this change is regarding the estimated public burden (9) Define the Term ‘‘Record of and associated response time, must be maintained in the update to the Form I– Proceeding’’ directed to the OMB USCIS Desk Officer 290B Instructions. via email at dhsdeskofficer@ (2) Affected Parties May Waive the This change is maintained in the omb.eop.gov. All submissions received ‘‘Initial Field Review’’ Process update to the Form I–290B Instructions. must include the agency name and the After considering public comments, (10) Administrative Appellate Review of OMB Control Number 1615–0095 in the USCIS has removed this change from a Dismissed Motion Is Limited to subject line. the form and instructions. You may wish to consider limiting the Whether the Motion Was Properly amount of personal information that you (3) Clarify the ‘‘Initial Field Review’’ Dismissed provide in any voluntary submission Process When Evidence Is Not you make. For additional information Submitted Concurrently With the This change is maintained in the please read the Privacy Act notice that Appeal update to the Form I–290B Instructions. is available via the link in the footer of This change is maintained in the (11) Safe Address http://www.regulations.gov. update to the Form I–290B Instructions. FOR FURTHER INFORMATION CONTACT: In response to public comments and (4) Treatment of Newly Submitted stakeholder input, USCIS added a space USCIS, Office of Policy and Strategy, Evidence on Appeal Regulatory Coordination Division, to collect the safe address from affected Samantha Deshommes, Chief, 20 After considering public comments, parties who are subject to 8 U.S.C. 1367. Massachusetts Avenue NW, USCIS has removed this proposed This change is maintained in the update Washington, DC 20529–2140, telephone change. to the Form I–290B and instructions. number (202) 272–8377. This is not a (5) Abuse of Discretion Standard of (12) Space on the Form To State the toll-free number; comments are not Review for Discretionary Decisions Basis of the Appeal or Motion accepted via telephone message. Please USCIS has removed this proposed note contact information provided here change from the revised form This change is maintained in the is solely for questions regarding this instructions submitted to OMB for update to the Form I–290B and notice. It is not for individual case review. instructions. status inquiries. Applicants seeking information about the status of their (6) Clarify That the AAO Does Not Have Comments individual cases can check Case Status Appellate Jurisdiction Over ‘‘No Risk’’ The information collection notice was Online, available at the USCIS website Determinations Under the Adam Walsh previously published in the Federal at http://www.uscis.gov, or call the Act USCIS Contact Center at (800) 375– The proposed Form I–290B Register on December 6, 2019, at 84 FR 5283; TTY (800) 767–1833. Instructions clarify that the AAO does 66924, allowing for a 60-day public

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comment period. USCIS did receive six Student and Exchange Visitor Program International Trade Commission, 500 E comment(s) in connection with the 60- (SEVP). Street SW, Washington, DC 20436, day notice. (5) An estimate of the total number of telephone (202) 205–2000. General You may access the information respondents and the amount of time information concerning the Commission collection instrument with instructions, estimated for an average respondent to may also be obtained by accessing its or additional information by visiting the respond: The estimated total number of internet server (https://www.usitc.gov). Federal eRulemaking Portal site at: respondents for the information The public record for this investigation http://www.regulations.gov and enter collection I–290B is 28,000 and the may be viewed on the Commission’s USCIS–2008–0027 in the search box. estimated hour burden per response is electronic docket (EDIS) at https:// Written comments and suggestions from 1.5 hours. edis.usitc.gov. Hearing-impaired the public and affected agencies should (6) An estimate of the total public persons are advised that information on address one or more of the following burden (in hours) associated with the this matter can be obtained by four points: collection: The total estimated annual contacting the Commission’s TDD (1) Evaluate whether the proposed hour burden associated with this terminal on (202) 205–1810. collection of information is necessary collection is 42,000 hours. SUPPLEMENTARY INFORMATION: The for the proper performance of the (7) An estimate of the total public Commission instituted this investigation functions of the agency, including burden (in cost) associated with the on September 5, 2018, based on a whether the information will have collection: The estimated total annual complaint filed by Heineken practical utility; cost burden associated with this International B.V. and Heineken Supply (2) Evaluate the accuracy of the collection of information is $8,652,000. Chain B.V., both of Amsterdam, The agency’s estimate of the burden of the Dated: March 11, 2020. Netherlands; and Heineken USA Inc. of proposed collection of information, Samantha L. Deshommes, White Plains, New York (collectively, including the validity of the Chief, Regulatory Coordination Division, ‘‘Heineken’’). 83 FR 45141, 45141–42 methodology and assumptions used; Office of Policy and Strategy, U.S. Citizenship (Sept. 5, 2019). The complaint alleges a (3) Enhance the quality, utility, and and Immigration Services, Department of violation section 337 of the Tariff Act clarity of the information to be Homeland Security. 1930, as amended, 19 U.S.C. 1337 collected; and [FR Doc. 2020–05384 Filed 3–16–20; 8:45 am] (‘‘section 337’’) in the importation into (4) Minimize the burden of the BILLING CODE 9111–97–P the United States, sale for importation, collection of information on those who or sale in the United States after are to respond, including through the importation of certain beverage use of appropriate automated, INTERNATIONAL TRADE dispensing systems and components electronic, mechanical, or other COMMISSION thereof that allegedly infringe claims 1– technological collection techniques or 11 of the ’751 patent. Id. The notice of [Investigation No. 337–TA–1130] other forms of information technology, investigation names as respondents e.g., permitting electronic submission of Certain Beverage Dispensing Systems Anheuser-Busch InBev SA, and InBev responses. and Components Thereof; Belgium NV, both of Leuven, Belgium; and Anheuser-Busch, LLC of St. Louis, Overview of This Information Commission Decision Finding a Missouri (collectively, ‘‘ABI’’). Id. The Collection Violation of Section 337; Issuance of a Limited Exclusion Order and Cease Office of Unfair Import Investigations (1) Type of Information Collection and Desist Order; Termination of the was not named as a party to this Request: Revision of a Currently Investigation investigation. Id. Approved Collection. On February 6, 2019, the presiding (2) Title of the Form/Collection: AGENCY: U.S. International Trade administrative law judge (‘‘ALJ’’) Notice of Appeal or Motion. Commission. granted Heineken’s motion to partially (3) Agency form number, if any, and ACTION: Notice. terminate the investigation as to claims the applicable component of the DHS 2, 4–6, 8–9, and 11 of the ’751 patent. sponsoring the collection: I–290B; SUMMARY: Notice is hereby given that Order No. 6 (Feb. 6, 2019), not reviewed, USCIS. the U.S. International Trade Notice (Mar. 7, 2019). Remaining within (4) Affected public who will be asked Commission has found a violation of the investigation are claims 1, 3, 7, and or required to respond, as well as a brief section 337 of the Tariff Act of 1930, as 10 of the ’751 patent. On March 26, abstract: Primary: Individuals or amended, in this investigation and has 2019, the ALJ issued Order No. 14, the households. Form I–290B standardizes issued a limited exclusion order and a Markman Order, construing certain requests for appeals and motions and cease and desist order prohibiting claim terms. The ALJ conducted the ensures that the basic information importation of infringing beverage evidentiary hearing from April 16–18 required to adjudicate appeals and dispensing systems and components and 23, 2019. motions is provided by applicants and thereof. On September 5, 2019, the ALJ issued petitioners, or their attorneys or FOR FURTHER INFORMATION CONTACT: a final initial determination (‘‘ID’’), representatives. USCIS uses the data Sidney A. Rosenzweig, Esq., Office of finding claims 1, 3, 7, and 10 infringed collected on Form I–290B to determine the General Counsel, U.S. International and not invalid, and thereby finding a whether an applicant or petitioner is Trade Commission, 500 E Street SW, violation of section 337 with respect to eligible to file an appeal or motion, Washington, DC 20436, telephone (202) those claims. On September 19, 2019, whether the requirements of an appeal 708–2532. The public version of the the ALJ issued a Recommended or motion have been met, and whether complaint can be accessed on the Determination on Remedy and Bond the applicant or petitioner is eligible for Commission’s electronic docket (EDIS) (‘‘RD’’). The RD recommends that the requested immigration benefit. Form at https://edis.usitc.gov, and will be should the Commission find a violation I–290B can also be filed with ICE by available for inspection during official of section 337, that the Commission schools appealing decisions on Form I– business hours (8:45 a.m. to 5:15 p.m.) issue a limited exclusion order, a cease 17 filings for certification to ICE’s in the Office of the Secretary, U.S. and desist order, and impose a bond rate

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during the period of Presidential review The authority for the Commission’s FOR FURTHER INFORMATION CONTACT: in the amount of five percent of the determination is contained in section Charles Cummings ((202) 708–1666)), entered value of infringing articles. 337 of the Tariff Act of 1930, as Office of Investigations, U.S. On September 18, 2019, ABI filed a amended (19 U.S.C. 1337), and in Part International Trade Commission, 500 E petition for Commission review of 210 of the Commission’s Rules of Street SW, Washington, DC 20436. aspects of the ID. That same day, Practice and Procedure (19 CFR part Hearing-impaired persons can obtain Heineken filed a contingent petition for 210). information on this matter by contacting review. On September 26, 2019, the By order of the Commission. the Commission’s TDD terminal on 202– parties responded to each other’s Issued: March 11, 2020. 205–1810. Persons with mobility petitions. impairments who will need special Lisa Barton, On November 4, 2019, the assistance in gaining access to the Commission determined to review the Secretary to the Commission. Commission should contact the Office ID in its entirety. Notice at 2 (Nov. 4, [FR Doc. 2020–05396 Filed 3–16–20; 8:45 am] of the Secretary at 202–205–2000. 2019) (‘‘Notice of Review’’), published BILLING CODE 7020–02–P General information concerning the at 84 FR 60452 (Nov. 8, 2019). The Commission may also be obtained by Commission solicited briefing on accessing its internet server (https:// remedy, the public interest, and INTERNATIONAL TRADE www.usitc.gov). The public record for bonding, as well on specific issues COMMISSION these reviews may be viewed on the concerning claim construction, [USITC SE–20–011] Commission’s electronic docket (EDIS) infringement, invalidity, and the at https://edis.usitc.gov. domestic industry requirement. SUPPLEMENTARY INFORMATION: On November 18, 2019, the parties Sunshine Act Meetings; Cancellation Background.—On March 3, 2020, the filed opening briefs in response to the of Sunshine Act Meeting Commission determined that the Notice of Review. On November 26, Agency Holding the Meeting: United domestic interested party group 2019, the parties filed replies to each States International Trade Commission. response to its notice of institution (84 other’s brief. ORIGINAL TIME AND DATE: March 17, 2020 Having reviewed the record of the FR 65841, November 29, 2019) of the at 11:00 a.m. investigation, including the Markman subject five-year reviews was adequate Order, the final ID, and the parties’ CONTACT PERSON FOR MORE INFORMATION: and that the respondent interested party submissions to the ALJ and to the William Bishop, Supervisory Hearings group response was inadequate. The Commission, the Commission has found and Information Officer, 202–205–2595. Commission did not find any other a violation of section 337. Specifically, ACTION: In accordance with 19 CFR circumstances that would warrant 1 the Commission finds that Heineken has 201.37(a), the Commission has conducting full reviews. Accordingly, demonstrated the existence of a unanimously determined to cancel the the Commission determined that it domestic industry and that asserted meeting of March 17, 2020 at 11:00 a.m. would conduct expedited reviews claims 1, 3, 7, and 10 of the ’751 patent which was scheduled under the pursuant to section 751(c)(3) of the are infringed and are not invalid. Government in the Sunshine Act, 5 Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). The Commission has further U.S.C. 552(b). Earlier notification of this For further information concerning determined that the appropriate remedy cancellation was not possible. the conduct of these reviews and rules of general application, consult the is: (1) A limited exclusion order By order of the Commission. prohibiting the entry of infringing Commission’s Rules of Practice and Issued: March 12, 2020. beverage dispensing systems and Procedure, part 201, subparts A and B components thereof; and (2) a cease and Lisa Barton, (19 CFR part 201), and part 207, desist order directed to respondent Secretary to the Commission. subparts A, D, E, and F (19 CFR part Anheuser-Busch LLC. The Commission [FR Doc. 2020–05591 Filed 3–13–20; 11:15 am] 207). Staff report.—A staff report has determined that the public interest BILLING CODE 7020–02–P factors enumerated in section 337(d) containing information concerning the and (f), 19 U.S.C. 1337(d), (f), do not subject matter of the reviews will be preclude the issuance of the limited INTERNATIONAL TRADE placed in the nonpublic record on exclusion order or the cease and desist COMMISSION March 17, 2020, and made available to order. The Commission has determined persons on the Administrative [Investigation Nos. 701–TA–513 and 731– Protective Order service list for these that a bond in the amount of five (5) TA–1249 (Review)] percent of the entered value of the reviews. A public version will be issued thereafter, pursuant to section imported beverage containers is Sugar From Mexico; Scheduling of required during the period of 207.62(d)(4) of the Commission’s rules. Expedited Five-Year Reviews Written submissions.—As provided in Presidential review. 19 U.S.C. 1337(j)(3). section 207.62(d) of the Commission’s Notwithstanding the foregoing, the AGENCY: United States International rules, interested parties that are parties exclusion order and the cease and desist Trade Commission. to the reviews and that have provided order permit ABI to import beverage ACTION: Notice. individually adequate responses to the containers that are used as part of ABI’s notice of institution,2 and any party PureDraught system. SUMMARY: The Commission hereby gives The investigation is terminated. The notice of the scheduling of expedited reviews pursuant to the Tariff Act of 1 A record of the Commissioners’ votes, the Commission’s reasoning in support of Commission’s statement on adequacy, and any its determinations is set forth more fully 1930 (‘‘the Act’’) to determine whether individual Commissioner’s statements will be in its opinion. The Commission’s orders termination of the suspension available from the Office of the Secretary and at the and opinion were delivered to the investigation on sugar from Mexico Commission’s website. would be likely to lead to continuation 2 The Commission has found the responses President and the United States Trade submitted by American Sugar Coalition and its Representative on the day of their or recurrence of material injury. members (the members of the American Sugar issuance. DATES: March 3, 2020. Coalition are as follows: American Sugar Cane

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other than an interested party to the INTERNATIONAL TRADE hours (8:45 a.m. to 5:15 p.m.) in the reviews may file written comments with COMMISSION Office of the Secretary, U.S. the Secretary on what determinations International Trade Commission, 500 E [USITC SE–20–012] the Commission should reach in the Street SW, Washington, DC 20436, reviews. Comments are due on or before Sunshine Act Meetings; Cancellation telephone (202) 205–2000. General March 24, 2020 and may not contain of Sunshine Act Meeting information concerning the Commission new factual information. Any person may also be obtained by accessing its that is neither a party to the five-year Agency Holding the Meeting: United internet server (https://www.usitc.gov). reviews nor an interested party may States International Trade Commission. The public record for this investigation submit a brief written statement (which ORIGINAL TIME AND DATE: March 19, 2020 may be viewed on the Commission’s shall not contain any new factual at 9:30 a.m. Electronic Docket Information System (‘‘EDIS’’) (https://edis.usitc.gov). information) pertinent to the reviews by CONTACT PERSON FOR MORE INFORMATION: Hearing-impaired persons are advised March 24, 2020. However, should the William Bishop, Supervisory Hearings that information on this matter can be Department of Commerce (‘‘Commerce’’) and Information Officer, 202–205–2595. obtained by contacting the ACTION: extend the time limit for its completion In accordance with 19 CFR Commission’s TDD terminal, telephone of the final results of its reviews, the 201.37(a), the Commission has (202) 205–1810. deadline for comments (which may not unanimously determined to cancel the SUPPLEMENTARY INFORMATION: Section contain new factual information) on meeting of March 19, 2020 at 9:30 a.m. 337 of the Tariff Act of 1930 (‘‘section Commerce’s final results is three which was scheduled under the Government in the Sunshine Act, 5 337’’) provides that if the Commission business days after the issuance of finds a violation it shall exclude the Commerce’s results. If comments U.S.C. 552(b). Earlier notification of this cancellation was not possible. articles concerned from the United contain business proprietary States unless the public interest factors information (BPI), they must conform By order of the Commission. listed in 19 U.S.C. 1337(d)(1) prevent with the requirements of sections 201.6, Issued: March 12, 2020. such action. A similar provision applies 207.3, and 207.7 of the Commission’s Lisa Barton, to cease and desist orders. 19 U.S.C. rules. The Commission’s rules with Secretary to the Commission. 1337(f)(1). respect to filing were revised effective [FR Doc. 2020–05572 Filed 3–13–20; 11:15 am] The Commission is soliciting July 25, 2014. See 79 FR 35920 (June 25, BILLING CODE 7020–02–P comments on public interest issues 2014). The Commission’s Handbook on raised by the recommended relief Filing Procedures, available on the should the Commission find a violation, Commission’s website at https:// INTERNATIONAL TRADE specifically whether the Commission www.usitc.gov/documents/handbook_ COMMISSION should issue: _ _ (1) A limited exclusion order (‘‘LEO’’) on filing procedures.pdf, elaborates [Investigation No. 337–TA–1154] upon the Commission’s procedures with against certain child carriers and respect to filings. Certain Child Carriers and components thereof that are imported, sold for importation, and/or sold after In accordance with sections 201.16(c) Components Thereof; Notice of importation by respondents: The Ergo and 207.3 of the rules, each document Request for Statements on the Public Interest Baby Carrier Inc. of Los Angeles, CA, filed by a party to the reviews must be Baby Tula LLC a/k/a New Baby Tula served on all other parties to the reviews AGENCY: U.S. International Trade LLC of San Diego, CA, and Blue Box (as identified by either the public or BPI Commission. OpCo LLC d/b/a Infantino LLC of San service list), and a certificate of service ACTION: Notice. Diego, CA; and/or must be timely filed. The Secretary will (2) cease and desist orders (‘‘CDOs’’) not accept a document for filing without SUMMARY: Notice is hereby given that against respondents: The Ergo Baby a certificate of service. the presiding administrative law judge Carrier Inc. and Blue Box OpCo LLC d/ Authority: These reviews are being has issued an Initial Determination on b/a Infantino LLC. conducted under authority of title VII of the Violation of Section 337 and The Commission is interested in Tariff Act of 1930; this notice is published Recommended Determination on further development of the record on pursuant to section 207.62 of the Remedy and Bond in the above- the public interest in this investigation. Commission’s rules. captioned investigation. The Accordingly, parties are to file public Commission is soliciting comments on interest submissions pursuant to 19 CFR By order of the Commission. public interest issues raised by the 210.50(a)(4). In addition, members of Issued: March 11, 2020. recommended relief, should the the public are hereby invited to file Lisa Barton, Commission find a violation. This submissions of no more than five (5) Secretary to the Commission. notice is soliciting public interest pages, inclusive of attachments, [FR Doc. 2020–05395 Filed 3–16–20; 8:45 am] comments from the public only. Parties concerning the public interest in light of are to file public interest submissions BILLING CODE 7020–02–P the administrative law judge’s pursuant to Commission rules. Recommended Determination on FOR FURTHER INFORMATION CONTACT: Remedy and Bonding issued in this Lynde Herzbach, Office of the General investigation on March 10, 2020. League; American Sugarbeet Growers Association; Counsel, U.S. International Trade Comments should address whether American Sugar Refining, Inc.; Florida Sugar Cane Commission, 500 E Street SW, issuance of the LEOs and/or CDOs in League; Rio Grande Valley Sugar Growers, Inc.; Washington, DC 20436, telephone (202) this investigation, should the Sugar Cane Growers Cooperative of Florida; and the United States Beet Sugar Association) and Imperial 205–3228. Copies of non-confidential Commission find a violation, would Sugar Company to be individually adequate. documents filed in connection with this affect the public health and welfare in Comments from other interested parties will not be investigation are or will be available for the United States, competitive accepted (see 19 CFR 207.62(d)(2)). inspection during official business conditions in the United States

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economy, the production of like or developing or maintaining the records Dated: March 12, 2020. directly competitive articles in the of this or a related proceeding, or (b) in Rebecca A. Womeldorf, United States, or United States internal investigations, audits, reviews, Secretary, Committee on Rules of Practice consumers. and evaluations relating to the and Procedure, Judicial Conference of the In particular, the Commission is programs, personnel, and operations of United States. interested in comments that: the Commission including under 5 [FR Doc. 2020–05481 Filed 3–16–20; 8:45 am] (i) Explain how the articles U.S.C. Appendix 3; or (ii) by U.S. BILLING CODE 2210–55–P potentially subject to the recommended government employees and contract orders are used in the United States; personnel, solely for cybersecurity (ii) Identify any public health, safety, purposes. All contract personnel will JUDICIAL CONFERENCE OF THE or welfare concerns in the United States sign appropriate nondisclosure UNITED STATES relating to the recommended orders; agreements. All non-confidential (iii) Identify like or directly written submissions will be available for Advisory Committee on Appellate competitive articles that complainants, public inspection at the Office of the Rules; Meeting of the Judicial their licensees, or third parties make in Secretary and on EDIS. Conference the United States which could replace The authority for the Commission’s AGENCY: Judicial Conference of the the subject articles if they were to be determination is contained in section excluded; United States, Advisory Committee on 337 of the Tariff Act of 1930, as Appellate Rules. (iv) Indicate whether complainants, amended (19 U.S.C. 1337), and in part complainants’ licensees, and/or third ACTION: Revised notice of open meeting. 210 of the Commission’s Rules of party suppliers have the capacity to Practice and Procedure (19 CFR part replace the volume of articles SUMMARY: The Advisory Committee on 210). potentially subject to the recommended Appellate Rules will hold a remote exclusion order and/or a cease and By order of the Commission. meeting on April 3, 2020. The meeting desist order within a commercially Issued: March 11, 2020. will be open to public via telephonic reasonable time; and Lisa Barton, conference for listening but not (v) Explain how the LEO and CDO Secretary to the Commission. participation. An agenda and supporting would impact consumers in the United [FR Doc. 2020–05397 Filed 3–16–20; 8:45 am] materials will be posted at least 7 days in advance of the meeting at: http:// States. BILLING CODE 7020–02–P Written submissions from the public www.uscourts.gov/rules-policies/ must be filed no later than by close of records-and-archives-rules-committees/ agenda-books. The announcement for business on April 14, 2020. JUDICIAL CONFERENCE OF THE this meeting was previously published Persons filing written submissions UNITED STATES must file the original document in 85 FR 3421. electronically on or before the deadlines Advisory Committee on Bankruptcy DATES: April 3, 2020. stated above and submit 8 true paper Rules; Meeting of the Judicial Time: 8:30 a.m.–1 p.m. copies to the Office of the Secretary by Conference ADDRESSES: N/A. noon the next day pursuant to section FOR FURTHER INFORMATION CONTACT: AGENCY: Judicial Conference of the 210.4(f) of the Commission’s Rules of Rebecca A. Womeldorf, Secretary, Practice and Procedure (19 CFR United States, Advisory Committee on Bankruptcy Rules. Committee on Rules of Practice and 210.4(f)). Submissions should refer to Procedure of the Judicial Conference of ACTION: the investigation number (‘‘Inv. No. Revised notice of open meeting. the United States, Thurgood Marshall 337–TA–1154’’) in a prominent place on SUMMARY: The Advisory Committee on Federal Judiciary Building, One the cover page and/or the first page. (See Bankruptcy Rules will hold a remote Columbus Circle NE, Suite 7–300, Handbook for Electronic Filing meeting on April 2 and April 3, 2020. Washington, DC 20544, Telephone (202) Procedures, https://www.usitc.gov/ The meeting will be open to public via 502–1820. documents/handbook_on_filing_ telephonic conference for listening but Authority: 28 U.S.C. 2073. procedures.pdf). Persons with questions not participation. An agenda and Dated: March 12, 2020. regarding filing should contact the supporting materials will be posted at Rebecca A. Womeldorf, Secretary (202–205–2000). Any person least 7 days in advance of the meeting desiring to submit a document to the at: http://www.uscourts.gov/rules- Secretary, Committee on Rules of Practice Commission in confidence must request and Procedure, Judicial Conference of the policies/records-and-archives-rules- United States. confidential treatment. All such committees/agenda-books. The requests should be directed to the announcement for this meeting was [FR Doc. 2020–05483 Filed 3–16–20; 8:45 am] Secretary to the Commission and must previously published in 85 FR 3421. BILLING CODE 2210–55–P include a full statement of the reasons DATES: April 2–3, 2020. why the Commission should grant such Time: 9 a.m.—5 p.m. treatment. See 19 CFR 201.6. Documents JUDICIAL CONFERENCE OF THE ADDRESSES: for which confidential treatment by the N/A. UNITED STATES Commission is properly sought will be FOR FURTHER INFORMATION CONTACT: treated accordingly. All information, Rebecca A. Womeldorf, Secretary, Advisory Committee on Civil Rules; including confidential business Committee on Rules of Practice and Meeting of the Judicial Conference Procedure of the Judicial Conference of information and documents for which AGENCY: Judicial Conference of the the United States, Thurgood Marshall confidential treatment is properly United States, Advisory Committee on Federal Judiciary Building, One sought, submitted to the Commission for Civil Rules. Columbus Circle NE, Suite 7–300, purposes of this Investigation may be ACTION: Revised notice of open meeting. disclosed to and used: (i) By the Washington, DC 20544, Telephone (202) Commission, its employees and Offices, 502–1820. SUMMARY: The Advisory Committee on and contract personnel (a) for Authority: 28 U.S.C. 2073. Civil Rules will hold a remote meeting

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on April 1, 2020. The meeting will be safeguards applied to the platform, and made administrative edits and open to public via telephonic noting the changes to the location of the renumbered the existing routine uses in conference for listening but not system itself. the Justice FDMS SORN; (3) DOJ has participation. An agenda and supporting DATES: In accordance with 5 U.S.C. updated the existing routine uses for materials will be posted at least 7 days 552a(e)(4) and (11), this system of this system to reflect current DOJ model in advance of the meeting at: http:// records modification will go into effect routine uses; (4) DOJ added an www.uscourts.gov/rules-policies/ upon publication, subject to a 30-day additional routine use authorizing records-and-archives-rules-committees/ period in which to comment on the disclosure of the records in this system agenda-books. The announcement for proposed changes to the routine uses, of records to the GSA when needed for this meeting was previously published described in more detail below. Please purposes of the GSA’s management of in 85 FR 3076. submit any comments by April 16, 2020. the GSA’s Federal Rulemaking DATES: April 1, 2020. ADDRESSES: The public, the OMB, and Management Program; (5) DOJ has Time: 9 a.m.–5 p.m. Congress are invited to submit any added the Administrative Procedures Act, 5 U.S.C. 553, and 5 U.S.C. 301 to ADDRESSES: N/A. comments by mail to the United States Department of Justice, Office of Privacy the list of authorities for maintenance of FOR FURTHER INFORMATION CONTACT: the Justice FDMS; (6) DOJ has updated Rebecca A. Womeldorf, Secretary, and Civil Liberties, ATTN: Privacy Analyst, 145 N St. NE, Suite 8W.300, the administrative, technical, and Committee on Rules of Practice and Washington, DC 20530; by facsimile at physical safeguards applied to the Procedure of the Judicial Conference of 202–307–0693; or by email at system of records, consistent with the United States, Thurgood Marshall [email protected]. To guidance from the GSA; (7) DOJ has Federal Judiciary Building, One ensure proper handling, please updated the access, contesting records, Columbus Circle NE, Suite 7–300, reference the above CPCLO Order No. and notification procedures to conform Washington, DC 20544, Telephone (202) on your correspondence. to existing DOJ practices; and (8) the 502–1820. FOR FURTHER INFORMATION CONTACT: system location has been changed to Authority: 28 U.S.C. 2073. Andria Robinson-Smith, 202–514–0208, reflect the move to the GSA. The entire Dated: March 12, 2020. U.S. Department of Justice, Office of notice is being republished in full for Rebecca A. Womeldorf, Privacy and Civil Liberties, 145 N St. ease of reference. In accordance with 5 U.S.C. 552a(r), Secretary, Committee on Rules of Practice NE, Suite 8W.300, Washington, DC and Procedure, Judicial Conference of the 20530. the Department has provided a report to OMB and Congress on this notice of a United States. SUPPLEMENTARY INFORMATION: Effective modified system of records. [FR Doc. 2020–05482 Filed 3–16–20; 8:45 am] September 30, 2019, the EPA transferred BILLING CODE 2210–55–P to the GSA control of the Dated: March 10, 2020. Regulations.gov internet portal and Peter A. Winn, accompanying centralized docket Acting Chief Privacy and Civil Liberties DEPARTMENT OF JUSTICE system. The GSA has now assumed Officer, United States Department of Justice. operational control of the [CPCLO Order No. 002–2020] JUSTICE/DOJ–013 Regulations.gov internet portal and Privacy Act of 1974; Systems of centralized docket system, operating it SYSTEM NAME AND NUMBER: Records for federal agencies e-rulemaking Justice Federal Docket Management processes. As these records are governed System (Justice FDMS), JUSTICE/DOJ– AGENCY: United States Department of by the Justice FDMS SORN, the DOJ 013. Justice. proposes to modify its existing SORN to SECURITY CLASSIFICATION: ACTION: Notice of a Modified System of reflect the resulting from the transfer of Records. certain DOJ records to the GSA’s portal Unclassified. and centralized docket system. SYSTEM LOCATION(S): SUMMARY: Pursuant to the Privacy Act of To the extent the DOJ routinely General Services Administration, 1974 and Office of Management and retrieves comments using the personally 1800 F St. NW, Washington, DC 20006, Budget (OMB) Circular No. A–108, identifying information of the and other GSA offices throughout the notice is hereby given that the U.S. commenters, the Justice FDMS is United States. Department of Justice (DOJ or covered under the Privacy Act of 1974, U.S. Department of Justice, 950 Department), proposes to modify a as amended, 5 U.S.C. 552a (2018) Pennsylvania Ave. NW, Washington, DC system of records titled, ‘‘Justice Federal (‘‘Privacy Act’’). Accordingly, 20530 and other Department of Justice Docket Management System (Justice individuals accessing the GSA’s on-line offices. FDMS),’’ JUSTICE/DOJ–013. The DOJ platform to submit a comment or proposes to modify Justice FDMS to supporting materials in connection with SYSTEM MANAGER(S): incorporate the changes resulting from a DOJ rulemaking routinely provide Technical Issues: Justice Department, the transfer by the Environmental their names and contact information on Deputy Chief Information Officer for E- Protection Agency (EPA) to the General the GSA electronic platform; and the Government, Office of the Chief Services Administration (GSA) of the DOJ routinely reviews these comments. Information Officer, United States Regulations.gov internet portal and Accordingly, the Department is Department of Justice, 950 Pennsylvania accompanying centralized docket publishing this modified SORN to Avenue NW, RFK Main Building, system. Changes to the system include satisfy the applicable requirements of Washington, DC 20530. adding an additional routine use the Privacy Act, to the extent they Policy Issues: Justice Department pertaining to GSA’s access to agency apply. FDMS Policies System Administrator, records in its role as manager of the e- This modification includes the Office of Legal Policy, United States Rulemaking Program platform, following changes: (1) DOJ has Department of Justice, 950 Pennsylvania supplementing and clarifying the reformatted this SORN to conform to Avenue NW, RFK Main Building, administrative, technical and physical current OMB guidelines; (2) DOJ has Washington, DC 20530.

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Component Managers can be 2. Information may be disclosed to professional licensing authority, in contacted through the Department’s OMB at any stage in the legislative accordance with applicable Department System Managers. coordination and clearance process in regulations; or facilitating connection with private relief communications with a former AUTHORITY FOR MAINTENANCE OF THE SYSTEM: legislation, and when reporting a new or employee that may be necessary for Section 206(d) of the E-Government significantly modified system of records personnel-related or other official Act of 2002 (Pub. L. 107–347, 44 U.S.C. notice as set forth in OMB Circular No. purposes where the Department requires Chapter 36); Administrative Procedures A–19, Legislative Coordination and information and/or consultation Act, 5 U.S.C. 553; and 5 U.S.C. 301. Clearance, and OMB Circular No. A– assistance from the former employee CATEGORIES OF INDIVIDUALS COVERED BY THE 130, Appendix I, Responsibilities for regarding a matter within that person’s SYSTEM: Protecting and Managing Information former area of responsibility. Any person—including private Resources. 10. To contractors, grantees, experts, individuals, representatives of Federal, 3. Where a record, either alone or in consultants, students, and others State or local governments, businesses, conjunction with other information, performing or working on a contract, and industries, that provides personally indicates a violation or potential service, grant, cooperative agreement, or identifiable information pertaining to violation of law—criminal, civil, or other assignment for the Federal regulatory in nature—the relevant Government, when necessary to DOJ and persons mentioned or records may be referred to the accomplish an agency function related identified in the body of a comment. appropriate federal, state, local, to this system of records. PURPOSE(S) OF THE SYSTEM: territorial, tribal, or foreign law 11. To designated officers and To assist the Federal Government in enforcement authority or other employees of state, local, territorial, or allowing the public to search, view, appropriate entity charged with the tribal law enforcement or detention download, and comment on Federal responsibility for investigating or agencies in connection with the hiring agency rulemaking documents in one prosecuting such violation or charged or continued employment of an central on-line location and to contact with enforcing or implementing such employee or contractor, where the commenters if necessary. law. employee or contractor would occupy or 4. To complainants and/or victims to occupies a position of public trust as a CATEGORIES OF INDIVIDUALS COVERED BY THE the extent necessary to provide such law enforcement officer or detention SYSTEM: persons with information and officer having direct contact with the Any person—including private explanations concerning the progress public or with prisoners or detainees, to individuals, representatives of Federal, and/or results of the investigation or the extent that the information is State or local governments, businesses, case arising from the matters of which relevant and necessary to the recipient and industries, that provides personally they complained and/or of which they agency’s decision. identifiable information pertaining to were a victim. 12. To appropriate officials and DOJ and persons mentioned or 5. To any person or entity that the employees of a Federal agency or entity identified in the body of a comment. DOJ has reason to believe possesses that requires information relevant to a information regarding a matter within decision concerning the hiring, CATEGORIES OF RECORDS IN THE SYSTEM: the jurisdiction of the DOJ to the extent appointment, or retention of an Agency rulemaking material includes, deemed to be necessary by the DOJ in employee; the assignment, detail, or but is not limited to public comments order to elicit such information or deployment of an employee; the received through FDMS pertaining to cooperation from the recipient for use in issuance, renewal, suspension, or DOJ rulemaking where such comments the performance of an authorized revocation of a security clearance; the contain personally identifiable activity. execution of a security or suitability information, and any other supporting 6. In an appropriate proceeding before investigation; the letting of a contract; or rulemaking documentation. a court, grand jury, or administrative or the issuance of a grant or benefit. RECORD SOURCE CATEGORIES: adjudicative body, when the DOJ 13. To Federal, state, local, territorial, Any person, including public citizens determines that the records are arguably tribal, foreign, or international licensing and representatives of Federal, state, or relevant to the proceeding; or in an agencies or associations which require local governments; businesses; and appropriate proceeding before an information concerning the suitability industries. administrative or adjudicative body or eligibility of an individual for a when the adjudicator determines the license or permit. ROUTINE USES OF RECORDS MAINTAINED IN THE records to be relevant to the proceeding. 14. To a Member of Congress or staff SYSTEM, INCLUDING CATEGORIES OF USERS AND 7. To an actual or potential party to acting upon the Member’s behalf when THE PURPOSES OF SUCH USES: litigation or the party’s authorized the Member or staff requests the In addition to those disclosures representative for the purpose of information on behalf of, and at the generally permitted under 5 U.S.C. negotiation or discussion of such request of, the individual who is the 552a(b), all or a portion of the records matters as settlement, plea bargaining, subject of the record. or information contained in this system or informal discovery proceedings. 15. To the National Archives and of records may be disclosed as a routine 8. To the news media and the public, Records Administration for purposes of use pursuant to 5 U.S.C. 552a(b)(3) including disclosures pursuant to 28 records management inspections under the circumstances or for the CFR 50.2, unless it is determined that conducted under the authority of 44 purposes described below, to the extent release of the specific information in the U.S.C. 2904 and 2906. such disclosures are compatible with context of a particular case would 16. To appropriate agencies, entities, the purposes for which the information constitute an unwarranted invasion of and persons when (1) the Department was collected: personal privacy. suspects or has confirmed that there has 1. To the GSA, when needed for 9. To a former employee of the been a breach of the system of records; purposes of the GSA’s management of Department for purposes of: Responding (2) the Department has determined that the GSA’s Federal Rulemaking to an official inquiry by a Federal, State, as a result of the suspected or confirmed Management Program. or local government entity or breach there is a risk of harm to

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individuals, the Department (including POLICIES AND PRACTICES FOR RETENTION AND individual DOJ component to which the its information systems, programs, and DISPOSAL OF RECORDS: comment was directed. All requests for operations), the Federal Government, or Each Department component will access to records must be in writing and national security; and (3) the disclosure handle its records in accordance with its should be addressed to the to the made to such agencies, entities, and records retention schedule as approved particular DOJ component maintaining persons is reasonably necessary to assist by the National Archives and Records the records at Department of Justice, 950 in connection with the Department’s Administration. Electronic data will be Pennsylvania Avenue NW, RFK Main efforts to respond to the suspected or retained and disposed of in accordance Building, Washington, DC 20530. The confirmed breach or to prevent, with the component’s applicable envelope and letter should be clearly minimize, or remedy such harm. records retention schedules. The marked ‘‘Privacy Act Access Request.’’ 17. To another Federal agency or majority of documents residing on this The request must describe the records Federal entity, when the Department system will be public comments and sought in sufficient detail to enable determines that information from this other documentation in support of Department personnel to locate them system of records is reasonably Federal rulemakings. All DOJ Federal with a reasonable amount of effort. The necessary to assist the recipient agency Register rulemakings are part of the request must include a general or entity in (1) responding to a Justice FDMS and are identified as description of the records sought and suspected or confirmed breach, or (2) official records and retained by the must include the requester’s full name, preventing, minimizing, or remedying National Archives and Records current address, and date and place of the risk of harm to individuals, the Administration. birth. The request must be signed and recipient agency or entity (including its either notarized or submitted under ADMINISTRATIVE, TECHNICAL, AND PHYSICAL information systems, programs, and SAFEGUARDS: penalty of perjury. operations), the Federal Government, or The GSA information technology Although no specific form is required, national security, resulting from a you may obtain forms for this purpose suspected or confirmed breach. system that hosts Regulations.gov and the Justice FDMS is in a facility or from the FOIA/Privacy Act Mail Referral 18. To the White House (the Unit, United States Department of President, Vice-President, their staffs, facilities protected by physical walls, security guards, and requires Justice, 950 Pennsylvania Avenue NW, and other entities of the Executive Washington, DC 20530, or on the Office of the President), and, during identification badges to access the facility. The rooms housing the Department of Justice website at https:// Presidential transitions, to the President www.justice.gov/oip/oip-request.html. Elect and Vice-President Elect and their information technology infrastructure More information regarding the designated transition team staff, for and the individual server racks are Department’s procedures for accessing coordination of activities that relate to locked. Furthermore, the information records in accordance with the Privacy or have an effect upon the carrying out technology system itself contains Act can be found at 28 CFR part 16 of the constitutional, statutory, or other security controls, which are reviewed Subpart D, ‘‘Protection of Privacy and official or ceremonial duties of the on a periodic basis by external Access to Individual Records Under the President, President Elect, Vice assessors. These controls include Privacy Act of 1974.’’ President or Vice-President Elect. measures for access controls, security awareness training, audits, 19. To any agency, organization, or CONTESTING RECORD PROCEDURES: individual for the purpose of performing configuration management, contingency authorized audit or oversight operations planning, incident response, and Individuals seeking to contest or of the DOJ and meeting related reporting maintenance. Records in the electronic amend records maintained in this requirements. system, are maintained in a secure, system of records must direct their 20. To such recipients and under such password protected environment that requests to the address indicated in the circumstances and procedures as are utilizes security hardware and software, ‘‘RECORD ACCESS PROCEDURES’’ mandated by Federal statute or treaty. including multiple firewalls, active paragraph, above. All requests to contest intrusion detection, encryption, or amend records must be in writing POLICIES AND PRACTICES FOR STORAGE OF identification and authentication of and the envelope and letter should be RECORDS: users. The DOJ account manager has clearly marked ‘‘Privacy Act Records in this system are stored in access to GSA’s FDMS and establishes, Amendment Request.’’ All requests paper or electronic form within the manages and terminates DOJ user must state clearly and concisely what GSA’s Federal rulemaking system. accounts. record is being contested, the reasons Components of the Department of Furthermore, Justice FDMS security for contesting it, and the proposed Justice will maintain paper or electronic protocols will meet multiple National amendment to the record. information in accordance with Institute of Standards and Technology More information regarding the applicable records retention schedules (NIST) Security Standards from Department’s procedures for amending pursuant to the Federal Records Act 44 Authentication to Certification and or contesting records in accordance with U.S.C. 3301, et seq. Accreditation. Records in the Justice the Privacy Act can be found at 28 CFR FDMS will be maintained in a secure, 16.46, ‘‘Requests for Amendment or POLICIES AND PRACTICES FOR RETRIEVAL OF password protected electronic system RECORDS: Correction of Records.’’ that will utilize security hardware and Justice FDMS will have the ability to software to include: Multiple firewalls, NOTIFICATION PROCEDURES: retrieve records by various data active intruder detection, and role-based Persons submitting comments do not elements and key word searches, access controls. Additional safeguards typically receive individualized notice. including: Name, Agency, Component, will vary by component. Docket Type, Docket Sub-Type, Agency Generalized notice is provided by the Docket ID, Docket Title, Docket RECORD ACCESS PROCEDURES: publication of this SORN. Category, Document Type, CFR Part, Records concerning comments Date Comment Received, and Federal received through FDMS pertaining to EXEMPTIONS PROMULGATED FOR THE SYSTEM: Register Published Date. DOJ rulemaking are maintained by the None.

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HISTORY: before submitting them to the OMB for The DOL is particularly interested in 82 FR 24151, 153 (May 25, 2017); 72 final approval. This program helps to comments that: FR 12196 (March 15, 2007). ensure requested data can be provided • Evaluate whether the proposed [FR Doc. 2020–05456 Filed 3–16–20; 8:45 am] in the desired format, reporting burden collection of information is necessary for the proper performance of the BILLING CODE 4410–NW–P (time and financial resources) is minimized, collection instruments are functions of the agency, including clearly understood, and the impact of whether the information will have practical utility. DEPARTMENT OF LABOR collection requirements can be properly assessed. • Evaluate the accuracy of the Office of Workers’ Compensation The Office of Workers’ Compensation agency’s estimate of the burden of the Programs Programs, (OWCP) administers the proposed collection of information, Longshore and Harbor Workers’ including the validity of the Agency Information Collection Compensation Act. This Act was methodology and assumptions used. Activities; Comment Request; amended on October 27, 1972, to • Enhance the quality, utility, and Application for Continuation of Death provide for continuation of death clarity of the information to be Benefit for Student benefits for a child or certain other collected; and surviving dependents after the age of 18 • Minimize the burden of the AGENCY: Division of Longshore and years (to age 23) if the dependent collection of information on those who Harbor Workers’ Compensation, Office qualifies as a student as defined in are to respond, including through the of Workers’ Compensation Programs, section 2 (18) of the Act. The benefit use of appropriate automated, Department of Labor. would also be terminated if the electronic, mechanical, or other ACTION: Notice. dependent completes four years of technological collection techniques or education beyond high school. Form other forms of information technology, SUMMARY: The Department of Labor LS–266 is to be submitted by the parent e.g., permitting electronic submission of (DOL) is soliciting comments or guardian for whom continuation of responses. concerning a proposed extension for the benefits is sought. The statements Agency: DOL—Office of Workers’ authority to conduct the information contained on the form must be verified Compensation Programs, DLHWC. collection request (ICR) titled, by an official of the education Type of Review: Extension without ‘‘Application for Continuation of Death institution. The information is used by changes. Benefit for Student.’’ This comment the DOL to determine whether a Title of Collection: Application for request is part of continuing continuation of the benefits is justified. Continuation of Benefits for Student. Departmental efforts to reduce Form: LS–266, Application for paperwork and respondent burden in Legal authority for this information collection is found at 33 U.S.C. 902(18) Continuation of Benefits for Student. accordance with the Paperwork OMB Control Number: 1240–0026. and 33 U.S.C. 939(a). Regulatory Reduction Act of 1995 (PRA). Affected Public: Individuals or authority is found at 20 CFR 702.121. DATES: Households. Consideration will be given to all This information collection is subject to Estimated Number of Respondents: written comments received by May 18, the PRA. A Federal agency generally 20. 2020. cannot conduct or sponsor a collection ADDRESSES: A copy of this ICR with Frequency: On occasion. of information, and the public is Total Estimated Annual Responses: applicable supporting documentation; generally not required to respond to an including a description of the likely 20. information collection, unless the OMB Estimated Average Time per respondents, proposed frequency of under the PRA approves it and displays response, and estimated total burden Response: 30 minutes. a currently valid OMB Control Number. Estimated Total Annual Burden may be obtained for free by contacting In addition, notwithstanding any other Anjanette Suggs by telephone at 202– Hours: 10 hours. provisions of law, no person shall Total Estimated Annual Other Cost 354–9660 or by email at generally be subject to penalty for Burden: $10. [email protected]. Submit written failing to comply with a collection of comments about this ICR by mail or information that does not display a Authority: 44 U.S.C. 3506(c)(2)(A). courier to the U.S. Department of Labor, valid Control Number. See 5 CFR Anjanette Suggs, Office of Workers’ Compensation 1320.5(a) and 1320.6. Agency Clearance Officer. Programs, Room S3323, 200 Interested parties are encouraged to Constitution Avenue NW, Washington, [FR Doc. 2020–05388 Filed 3–16–20; 8:45 am] provide comments to the contact shown BILLING CODE P DC 20210; or by email at in the ADDRESSES section. Written [email protected]. Please note comments will receive consideration, that comments submitted after the and summarized and included in the comment period will not be considered. NATIONAL AERONAUTICS AND request for OMB approval of the final SPACE ADMINISTRATION FOR FURTHER INFORMATION CONTACT: ICR. In order to help ensure appropriate Contact Anjanette Suggs by telephone at consideration, comments should [Notice (20–030)] 202–354–9660 or by email at mention OMB No. 1240–0026. Notice of Intent To Grant an Exclusive [email protected]. Submitted comments will also be a Patent License SUPPLEMENTARY INFORMATION: The DOL, matter of public record for this ICR and as part of continuing efforts to reduce posted on the internet, without AGENCY: National Aeronautics and paperwork and respondent burden, redaction. The DOL encourages Space Administration. conducts a pre-clearance consultation commenters not to include personally ACTION: Notice of intent to grant an program to provide the general public identifiable information, confidential exclusive patent license. and Federal agencies an opportunity to business data, or other sensitive comment on proposed and/or statements/information in any SUMMARY: NASA hereby gives notice of continuing collections of information comments. its intent to grant an exclusive patent

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license in the United States to practice found online at http:// 3. DATE: April 1, 2020 the invention described and claimed in technology.nasa.gov. This video meeting will discuss U.S. Patent Application entitled, applications for Landmarks of American ‘‘Composite Powder Particles’’, NASA Helen M. Galus, History and Culture Workshops, Case Number KSC–12631, to Gafco Inc. Agency Counsel for Intellectual Property. submitted to the Division of Education having its principal place of business in [FR Doc. 2020–05383 Filed 3–16–20; 8:45 am] Programs. Lakewood Ranch, Florida. The patent BILLING CODE 7510–13–P rights in this invention, a new type of 4. DATE: April 1, 2020 corrosion prevention, have been This video meeting will discuss assigned to the United States of America applications on the topics of as represented by the Administrator of NATIONAL FOUNDATION ON THE Philosophy, Social Sciences, and the National Aeronautics and Space ARTS AND THE HUMANITIES Administration. NASA has not yet made Religion, for the Collaborative Research a determination to grant the requested National Endowment for the grant program, submitted to the Division license and may deny the requested Humanities of Research Programs. license even if no objections are Meeting of Humanities Panel 5. DATE: April 2, 2020 submitted within the comment period. This video meeting will discuss DATES: AGENCY: The prospective partially National Endowment for the applications for Landmarks of American exclusive license may be granted unless Humanities; National Foundation on the History and Culture Workshops, NASA receives written objections, Arts and the Humanities. submitted to the Division of Education including evidence and argument no ACTION: Notice of meeting. Programs. later than April 1, 2020 that establish that the grant of the license would not SUMMARY: The National Endowment for 6. DATE: April 2, 2020 be consistent with the requirements the Humanities will hold thirty-one This video meeting will discuss regarding the licensing of federally meetings of the Humanities Panel, a applications on the topics of owned inventions as set forth in the federal advisory committee, during Anthropology and Archaeology, for the Bayh-Dole Act and implementing April 2020. The purpose of the meetings Collaborative Research grant program, regulations. Competing applications is for panel review, discussion, submitted to the Division of Research completed and received by NASA no evaluation, and recommendation of Programs. later than April 1, 2020 will also be applications for financial assistance treated as objections to the grant of the under the National Foundation on the 7. DATE: April 2, 2020 contemplated partially exclusive Arts and the Humanities Act of 1965. This video meeting will discuss license. Objections submitted in DATES: See SUPPLEMENTARY INFORMATION applications on the topics of Libraries, response to this notice will not be made for meeting dates. The meetings will Archives, and Special Collections, for available to the public for inspection open at 8:30 a.m. and will adjourn by the Sustaining Cultural Heritage and, to the extent permitted by law, will 5:00 p.m. on the dates specified below. Collections grant program, submitted to not be released under the Freedom of the Division of Preservation and Access. Information Act. ADDRESSES: The meetings will be held ADDRESSES: Objections relating to the in person or via videoconference 8. DATE: April 3, 2020 originating at Constitution Center, 400 prospective license may be submitted to This video meeting will discuss Mark Homer, Patent Counsel, Office of 7th Street SW, Washington, DC 20506, as indicated below. applications on the topics of the Chief Counsel, NASA Kennedy Philosophy, Religion, and Social Space Center, Mail Code CC, Kennedy FOR FURTHER INFORMATION CONTACT: Sciences, for the Collaborative Research Space Center, FL 32899. Email: ksc- Elizabeth Voyatzis, Committee grant program, submitted to the Division [email protected]. Management Officer, 400 7th Street SW, of Research Programs. Telephone: 321–867–2076; Facsimile: Room 4060, Washington, DC 20506; 321–867–1817. (202) 606–8322; [email protected]. 9. DATE: April 3, 2020 FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Pursuant This video meeting will discuss Jonathan Leahy, Patent Attorney, Office to section 10(a)(2) of the Federal applications on the topics of Philosophy of the Chief Counsel, NASA John F. Advisory Committee Act (5 U.S.C. and Religion, for the Scholarly Editions Kennedy Space Center, Mail Code CC, App.), notice is hereby given of the and Translations grant program, Kennedy Space Center, FL 32899. following meetings: submitted to the Division of Research Telephone: 321–867–6553; Facsimile: Programs. 321–867–1817. 1. DATE: April 1, 2020 10. DATE: April 3, 2020 SUPPLEMENTARY INFORMATION: This This video meeting will discuss notice of intent to grant an exclusive applications on the topic of This video meeting will discuss patent license is issued in accordance Archaeology, for the Digital Humanities applications submitted to the Sustaining with 35 U.S.C. 209(e) and 37 CFR Advancement Grants program, Cultural Heritage Collections grant 404.7(a)(1)(i). The patent rights in this submitted to the Office of Digital program, submitted to the Division of invention have been assigned to the Humanities. Preservation and Access. United States of America as represented 2. DATE: April 1, 2020 11. DATE: April 6, 2020 by the Administrator of the National Aeronautics and Space Administration. This meeting will discuss This video meeting will discuss The prospective exclusive patent license applications on the topic of Local applications on the topics of History will comply with the requirements of 35 History, for the Sustaining Cultural and Literature, for the Scholarly U.S.C. 209 and 37 CFR. 404.7. Heritage Collections grant program, Editions and Translations grant Information about other NASA submitted to the Division of program, submitted to the Division of inventions available for licensing can be Preservation and Access. Research Programs.

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12. DATE: April 7, 2020 Media Projects: Production Grants, Exhibitions (Implementation) grant This video meeting will discuss submitted to the Division of Public program, submitted to the Division of applications on the topics of U.S. and Programs. Public Programs. Because these meetings will include World History, for the Collaborative 22. DATE: April 21, 2020 review of personal and/or proprietary Research grant program, submitted to This video meeting will discuss financial and commercial information the Division of Research Programs. applications for Summer Seminars and given in confidence to the agency by 13. DATE: April 7, 2020 Institutes for K–12 Educators, submitted grant applicants, the meetings will be This video meeting will discuss to the Division of Education Programs. closed to the public pursuant to sections applications on the topic of Digital 23. DATE: April 21, 2020 552b(c)(4) and 552b(c)(6) of Title 5, U.S.C., as amended. I have made this Collections, for the Digital Humanities This video meeting will discuss Advancement Grants program, determination pursuant to the authority applications on the topic of Cultural granted me by the Chairman’s submitted to the Office of Digital History, for Media Projects: Production Humanities. Delegation of Authority to Close Grants, submitted to the Division of Advisory Committee Meetings dated 14. DATE: April 8, 2020 Public Programs. April 15, 2016. This video meeting will discuss 24. DATE: April 22, 2020 Dated: March 11, 2020. applications on the topics of Pedagogy This meeting will discuss Elizabeth Voyatzis, and Community Engagement, for the applications for Summer Seminars and Committee Management Officer, National Digital Humanities Advancement Grants Institutes for Higher Education Faculty, Endowment for the Humanities. program, submitted to the Office of submitted to the Division of Education [FR Doc. 2020–05378 Filed 3–16–20; 8:45 am] Digital Humanities. Programs. BILLING CODE 7536–01–P 15. DATE: April 8, 2020 25. DATE: April 23, 2020 This video meeting will discuss This meeting will discuss NUCLEAR REGULATORY applications on the topics of History applications for Summer Seminars and COMMISSION and Studies of Asia and Europe, for the Institutes for Higher Education Faculty, Collaborative Research grant program, submitted to the Division of Education [Docket Nos. 52–025 and 52–026; NRC– submitted to the Division of Research Programs. 2008–0252] Programs. 26. DATE: April 23, 2020 Southern Nuclear Operating Company, 16. DATE: April 9, 2020 Inc., Vogtle Electric Generating Plant, This video meeting will discuss the Units 3 and 4, PCS Wetted Perimeter This video meeting will discuss topic of Podcasts, for Media Projects: Test Modification applications on the topics of Languages Production Grants, submitted to the and Linguistics, for the Digital Division of Public Programs. AGENCY: Nuclear Regulatory Humanities Advancement Grants Commission. program, submitted to the Office of 27. DATE: April 23, 2020 ACTION: Exemption and combined Digital Humanities. This video meeting will discuss the license amendment; issuance. 17. DATE: April 10, 2020 topic of Scholarly Communications, for the Digital Humanities Advancement SUMMARY: The U.S. Nuclear Regulatory This video meeting will discuss Grants program, submitted to the Office Commission (NRC) is granting an applications on the topics of Asia, of Digital Humanities. exemption to allow a departure from the Africa, and the Middle East, for the certification information of Tier 1 of the 28. DATE: April 24, 2020 Scholarly Editions and Translations generic design control document (DCD) grant program, submitted to the Division This video meeting will discuss and is issuing License Amendment Nos. of Research Programs. applications for the Public Humanities 175 and 174 to Combined Licenses Projects: Humanities Discussions 18. DATE: April 16, 2020 (COL), NPF–91 and NPF–92, Grants, submitted to the Division of respectively. The COLs were issued to This meeting will discuss Public Programs. Southern Nuclear Operating Company, applications for Summer Seminars and 29. DATE: April 24, 2020 Inc., and Georgia Power Company, Institutes for Higher Education Faculty, Oglethorpe Power Corporation, MEAG submitted to the Division of Education This meeting will discuss Power SPVM, LLC, MEAG Power SPVJ, Programs. applications for Summer Seminars and LLC, MEAG Power SPVP, LLC, and the Institutes for Higher Education Faculty, 19. DATE: April 17, 2020 City of Dalton, Georgia (collectively submitted to the Division of Education SNC); for construction and operation of This meeting will discuss Programs. the Vogtle Electric Generating Plant applications for Summer Seminars and (VEGP) Units 3 and 4, located in Burke Institutes for K–12 Educators, submitted 30. DATE: April 27, 2020 This video meeting will discuss County, Georgia. to the Division of Education Programs. The granting of the exemption allows applications on the topic of Machine the changes to Tier 1 information asked 20. DATE: April 20, 2020 Learning, for the Digital Humanities for in the amendment. Because the This video meeting will discuss Advancement Grants program, acceptability of the exemption was applications for Summer Seminars and submitted to the Office of Digital determined in part by the acceptability Institutes for K–12 Educators, submitted Humanities. to the Division of Education Programs. of the amendment, the exemption and 31. DATE: April 28, 2020 amendment are being issued 21. DATE: April 20, 2020 This video meeting will discuss concurrently. This video meeting will discuss applications on the topic Art History, DATES: The exemption and amendment applications on the topic of History, for for the Public Humanities Projects: were issued on March 6, 2020.

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ADDRESSES: Please refer to Docket ID depart from the Tier 1 information. With for the AP1000 Design,’’ as part of NRC–2008–0252 when contacting the the requested amendment, SNC sought license amendment request (LAR) 19– NRC about the availability of proposed changes to modify 018, ‘‘PCS Wetted Perimeter Test information regarding this document. Inspections, Tests, Analyses, and Modification.’’ You may obtain publicly-available Acceptance Criteria No. 2.2.02.07b.i to For the reasons set forth in Section 3.2 information related to this document allow the containment vessel wetted of the NRC staff’s Safety Evaluation, using any of the following methods: perimeter measurement to be taken at which can be found at Agencywide • Federal Rulemaking Website: Go to any elevation between the 266 ft. and Documents Access and Management https://www.regulations.gov and search the spring line, instead of the current System (ADAMS) Accession Number for Docket ID NRC–2008–0252. Address requirement of taking the measurement ML20044D036, the Commission finds questions about NRC docket IDs in directly at the spring line that: Regulations.gov to Jennifer Borges; (approximately at elevation of 244 ft.). A. The exemption is authorized by telephone: 301–287–9127; email: Part of the justification for granting law; [email protected]. For technical the exemption was provided by the B. the exemption presents no undue questions, contact the individual listed review of the amendment. Because the risk to public health and safety; in the FOR FURTHER INFORMATION exemption is necessary in order to issue C. the exemption is consistent with CONTACT section of this document. the requested license amendment, the the common defense and security; • NRC’s Agencywide Documents NRC granted the exemption and issued D. special circumstances are present Access and Management System the amendment concurrently, rather in that the application of the rule in this (ADAMS): You may obtain publicly- than in sequence. This included issuing circumstance is not necessary to serve available documents online in the a combined safety evaluation containing the underlying purpose of the rule; ADAMS Public Documents collection at the NRC staff’s review of both the E. the special circumstances outweigh https://www.nrc.gov/reading-rm/ exemption request and the license any decrease in safety that may result adams.html. To begin the search, select amendment. The exemption met all from the reduction in standardization ‘‘Begin Web-based ADAMS Search.’’ For applicable regulatory criteria set forth in caused by the exemption; and problems with ADAMS, please contact sections 50.12, 52.7, and section F. the exemption will not result in a the NRC’s Public Document Room (PDR) VIII.A.4 of appendix D to 10 CFR part significant decrease in the level of safety reference staff at 1–800–397–4209, 301– 52. The license amendment was found otherwise provided by the design. 415–4737, or by email to pdr.resource@ to be acceptable as well. The combined 2. Accordingly, SNC is granted an nrc.gov. The ADAMS accession number safety evaluation is available in ADAMS exemption from the certified DCD Tier for each document referenced (if it is under Accession No. ML20044D036. 1 information, with corresponding available in ADAMS) is provided the Identical exemption documents information in COL Appendix C of the first time that it is mentioned in this (except for referenced unit numbers and facility Combined License as described document. The request for the license numbers) were issued to SNC for in the licensee’s request dated October amendment and exemption was VEGP Units 3 and 4 (COLs NPF–91 and 31, 2019. This exemption is related to, NPF–92). The exemption documents for designated License Amendment Request and necessary for, the granting of VEGP Units 3 and 4 can be found in (LAR) 19–018 and submitted by letter License Amendment No. 175 [for Unit 3, ADAMS under Accession Nos. dated October 31, 2019 (ADAMS 174 for Unit 4], which is being issued ML20044C927 and ML20044C972, Accession No. ML19304C381). concurrently with this exemption. respectively. The exemption is 3. As explained in Section 5.0 of the • NRC’s PDR: You may examine and reproduced (with the exception of NRC staff’s Safety Evaluation (ADAMS purchase copies of public documents at abbreviated titles and additional Accession Number ML20044D036), this the NRC’s PDR, Room O1–F21, One citations) in Section II of this document. exemption meets the eligibility criteria White Flint North, 11555 Rockville The amendment documents for COLs for categorical exclusion set forth in 10 Pike, Rockville, Maryland 20852. NPF–91 and NPF–92 are available in CFR 51.22(c)(9). Therefore, pursuant to FOR FURTHER INFORMATION CONTACT: ADAMS under Accession Nos. 10 CFR 51.22(b), no environmental Jennivine Rankin, Office of Nuclear ML20044C979 and ML20044D002, impact statement or environmental Reactor Regulation, U.S. Nuclear respectively. A summary of the assessment needs to be prepared in Regulatory Commission, Washington, amendment documents is provided in connection with the issuance of the DC 20555–0001; telephone: 301–415– Section III of this document. exemption. 1530; email: [email protected]. 4. This exemption is effective as of the SUPPLEMENTARY INFORMATION: II. Exemption date of its issuance. Reproduced below is the exemption I. Introduction document issued to VEGP Units 3 and III. License Amendment Request The NRC is issuing License 4. It makes reference to the combined By letter dated October 31, 2019 Amendment Nos. 175 and 174 to COLs safety evaluation that provides the (ADAMS Accession No. ML19304C381), NPF–91 and NPF–92, respectively, and reasoning for the findings made by the SNC requested that the NRC amend the is granting an exemption from Tier 1 NRC (and listed under Item 1) in order COLs for VEGP, Units 3 and 4, COLs information in the plant-specific DCD to grant the exemption: NPF–91 and NPF–92. The proposed for the AP1000. The AP1000 DCD is 1. In a letter dated October 31, 2019, amendment is described in Section I of incorporated by reference in Appendix Souther Nuclear Company (SNC) this Federal Register notice. D, ‘‘Design Certification Rule for the requested from the Nuclear Regluatory The Commission has determined for AP1000,’’ to part 52 of title 10 of the Commission (NRC or Commission) an these amendments that the application Code of Federal Regulations (10 CFR). exemption to allow departures from Tier complies with the standards and The exemption, granted pursuant to 1 information in the certified Design requirements of the Atomic Energy Act paragraph A.4 of section VIII, Control Document (DCD) incorporated of 1954, as amended (the Act), and the ‘‘Processes for Changes and by reference in Title 10 of the Code of Commission’s rules and regulations. Departures,’’ of 10 CFR part 52, Federal Regulations (10 CFR) part 52, The Commission has made appropriate appendix D, allows the licensee to appendix D, ‘‘Design Certification Rule findings as required by the Act and the

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Commission’s rules and regulations in Thursday, April 2, 2020 For the Nuclear Regulatory Commission. 10 CFR Chapter I, which are set forth in Denise L. McGovern, the license amendment. 10:00 a.m. Strategic Programmatic Policy Coordinator, Office of the Secretary. Overview of the Operating Reactors A notice of consideration of issuance [FR Doc. 2020–05602 Filed 3–13–20; 11:15 am] and New Reactors Business Lines of amendment to facility operating BILLING CODE 7590–01–P license or COL, as applicable, proposed (Public Meeting) (Contact: Luis no significant hazards consideration Betancourt: 301–415–6146) determination, and opportunity for a This meeting will be webcast live at SECURITIES AND EXCHANGE hearing in connection with these the Web address—https://www.nrc.gov/ COMMISSION actions, was published in the Federal . Register on December 17, 2019 (84 FR [Release No. 34–88359; File No. SR– Week of April 6, 2020—Tentative CboeBYX–2020–008] 68953). No comments were received during the 30-day comment period. There are no meetings scheduled for Self-Regulatory Organizations; Cboe The Commission has determined that the week of April 6, 2020. BYX Exchange, Inc.; Notice of Filing these amendments satisfy the criteria for Week of April 13, 2020—Tentative and Immediate Effectiveness of a categorical exclusion in accordance Proposed Rule Change Relating To with 10 CFR 51.22. Therefore, pursuant There are no meetings scheduled for Amend the Fee Schedule to 10 CFR 51.22(b), no environmental the week of April 13, 2020. impact statement or environmental March 11, 2020. assessment need be prepared for these Week of April 20, 2020—Tentative Pursuant to Section 19(b)(1) of the amendments. Securities Exchange Act of 1934 (the There are no meetings scheduled for ‘‘Act’’),1 and Rule 19b–4 thereunder,2 IV. Conclusion the week of April 20, 2020. notice is hereby given that on March 2, Using the reasons set forth in the ADDITIONAL INFORMATION: The Meeting 2020, Cboe BYX Exchange, Inc. (the combined safety evaluation, the staff with the Advisory Committee on the ‘‘Exchange’’ or ‘‘BYX’’) filed with the granted the exemptions and issued the Medical Uses of Isotopes scheduled for Securities and Exchange Commission amendments that SNC requested on March 31, 2020, has been postponed. (the ‘‘Commission’’) the proposed rule October 31, 2019. The exemptions and change as described in Items I, II, and CONTACT PERSON FOR MORE INFORMATION: amendments were issued on March 6, III below, which Items have been For more information or to verify the 2020, as part of a combined package to prepared by the Exchange. The status of meetings, contact Denise SNC (ADAMS Accession No. Commission is publishing this notice to McGovern at 301–415–0681 or via email ML20044C903). solicit comments on the proposed rule at [email protected]. The change from interested persons. Dated at Rockville, Maryland, this 11th day schedule for Commission meetings is of March, 2020. subject to change on short notice. I. Self-Regulatory Organization’s For the Nuclear Regulatory Commission. Statement of the Terms of Substance of The NRC Commission Meeting the Proposed Rule Change Victor E. Hall, Schedule can be found on the internet Chief, Vogtle Project Office, Office of Nuclear at: https://www.nrc.gov/public-involve/ Cboe BYX Exchange, Inc. (the Reactor Regulation. public-meetings/schedule.html. ‘‘Exchange’’ or ‘‘BZX’’) is filing with the [FR Doc. 2020–05386 Filed 3–16–20; 8:45 am] Securities and Exchange Commission The NRC provides reasonable BILLING CODE 7590–01–P (‘‘Commission’’) a proposed rule change accommodation to individuals with to amend the fee schedule. The text of disabilities where appropriate. If you the proposed rule change is provided in NUCLEAR REGULATORY need a reasonable accommodation to Exhibit 5. COMMISSION participate in these public meetings or The text of the proposed rule change need this meeting notice or the is also available on the Exchange’s transcript or other information from the [NRC–2020–0001] website (http://markets.cboe.com/us/ public meetings in another format (e.g., equities/regulation/rule_filings/byx/), at Sunshine Act Meetings braille, large print), please notify Anne the Exchange’s Office of the Secretary, Silk, NRC Disability Program Specialist, and at the Commission’s Public TIME AND DATE: Weeks of March 16, 23, at 301–287–0745, by videophone at Reference Room. 30, April 6, 13, 20, 2020. 240–428–3217, or by email at [email protected]. Determinations on II. Self-Regulatory Organization’s PLACE: Commissioners’ Conference requests for reasonable accommodation Statement of the Purpose of, and Room, 11555 Rockville Pike, Rockville, will be made on a case-by-case basis. Statutory Basis for, the Proposed Rule Maryland. Change Members of the public may request to STATUS: Public. receive this information electronically. In its filing with the Commission, the Week of March 16, 2020 If you would like to be added to the Exchange included statements distribution, please contact the Nuclear concerning the purpose of and basis for There are no meetings scheduled for Regulatory Commission, Office of the the proposed rule change and discussed the week of March 16, 2020. Secretary, Washington, DC 20555 (301– any comments it received on the Week of March 23, 2020—Tentative 415–1969), or by email at Tyesha.Bush@ proposed rule change. The text of these nrc.gov. statements may be examined at the There are no meetings scheduled for places specified in Item IV below. The the week of March 23, 2020. The NRC is holding the meetings Exchange has prepared summaries, set under the authority of the Government forth in sections A, B, and C below, of Week of March 30, 2020—Tentative in the Sunshine Act, 5 U.S.C. 552b. There are no meetings scheduled for Dated at Rockville, Maryland, this 13th day 1 15 U.S.C. 78s(b)(1). the week of March 30, 2020. of March 2020. 2 17 CFR 240.19b–4.

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the most significant aspects of such higher rebates or reduced fees where that Member has a Step-Up Remove statements. certain volume criteria and thresholds TCV from February 2020 that is greater are met. Tiered pricing provides than or equal to 0.05%. The proposed A. Self-Regulatory Organization’s incremental incentives for Members to criteria change is designed to Statement of the Purpose of, and strive for higher or different tier levels incentivize Members to increase their Statutory Basis for, the Proposed Rule by offering increasingly higher relative liquidity taking order flow each Change discounts or enhanced benefits for month over a predetermined baseline 1. Purpose satisfying increasingly more stringent (as proposed, from February 2020) in The Exchange proposes to amend its criteria or different criteria. order to receive an enhanced rebate on fee schedule in connection with its Pursuant to footnote 1 of the Fees their liquidity removing orders, by Remove Volume Tiers, effective March Schedule, the Exchange currently offers making Tier 8 criteria easier to achieve 2, 2020. Remove Volume Tiers (tiers 6 through 9) and increasing the enhanced rebate The Exchange first notes that it that provide Members an opportunity to provided under such tier. Instead of operates in a highly-competitive market receive an enhanced rebate from the meeting two unique criteria to receive in which market participants can standard fee assessment for liquidity the enhanced rebate, the proposed readily direct order flow to competing removing orders that yield fee codes change narrows Tier 8 to just one 4 5 6 venues if they deem fee levels at a ‘‘BB’’, ‘‘N’’ and ‘‘W’’. The Remove criterion with a lower Step-Up Remove particular venue to be excessive or Volume Tiers currently offer four TCV threshold (as well as updates the incentives to be insufficient. More different tiers that vary in levels of month from which this criterion is specifically, the Exchange is only one of criteria difficulty and incentive measured). As a result of the proposed 13 registered equities exchanges, as well opportunities in which Members may ease in criteria coupled with the as a number of alternative trading qualify for enhanced rebates for such increased enhanced rebate, Members systems and other off-exchange venues orders. For example, Tier 6 currently will have an additional opportunity to that do not have similar self-regulatory provides an enhanced rebate of $0.0015 receive an enhanced rebate by 7 responsibilities under the Exchange Act, for Members who have an ADV of submitting liquidity removing order and to which market participants may direct greater than or equal to 0.08% of the will be further incentivized to submit 8 9 their order flow. Based on publicly TCV, and an ADAV of greater than or liquidity removing order flow. An available information,3 no single equal to 500,000 shares. The Exchange increase in liquidity executing orders registered equities exchange has more notes that these tiers are designed to would, in turn, incentivize liquidity than 17% of the market share. Thus, in encourage Members to increase their adding order flow to take advantage of such a low-concentrated and highly order flow, adding and/or removing the increase in execution opportunities, competitive market, no single equities orders, in order to receive an enhanced thereby contributing to deeper, more exchange possesses significant pricing rebate on their liquidity removing liquid markets and price discovery. The power in the execution of order flow. orders. Exchange believes that this would The Exchange in particular operates a Specifically, the Exchange proposes to overall benefit all Members by ‘‘Taker-Maker’’ model whereby it pays amend Remove Volume Tier 8. Pursuant contributing towards a robust and well- credits to members that remove to current Tier 8, a Member may receive balanced market ecosystem. The liquidity and assesses fees to those that an enhanced rebate of $0.0017 for Exchange notes that Tier 8, as amended, add liquidity. The Exchange’s Fees qualifying, liquidity removing orders will continue to be available to all Schedule sets forth the standard rebates (i.e. yielding fee code BB, N, or W) if Members and is competitively and rates applied per share for orders that Member has a Step-Up Remove achievable for all Members that submit TCV 10 from December 2017 ≥ 0.10%, liquidity removing order flow, in that, that provide and remove liquidity, ≥ respectively. Particularly, for securities and has an ADAV 0.30% of the TCV. all firms that submit the requisite order at or above $1.00, the Exchange The Exchange proposes to amend Tier 8 flow could compete to meet the tier. provides a standard rebate of $0.0005 so that a Member may receive an The Exchange also proposes to per share for orders that remove enhanced rebate of $0.0018 for eliminate Remove Volume Tier 9, which liquidity and assesses a fee of $0.0019 qualifying, liquidity removing orders if currently provides that a Member may per share for orders that add liquidity. receive an enhanced rebate of $0.0017 4 Appended to displayed orders that removes for qualifying, liquidity removing orders The Exchange believes that the ever- liquidity from BYX (Tape B), and offered a rebate shifting market share among the if that Member has a Step-Up Remove of $0.00050. ≥ exchanges from month to month 5 Appended to displayed orders that remove TCV from January 2018 0.30%, and ≥ demonstrates that market participants liquidity from BYX (Tape C), and offered a rebate has a remove ADV 0.70% of the TCV. can shift order flow, or discontinue to of $0.00050. The Exchange proposes to eliminate 6 reduce use of certain categories of Appended to displayed orders that remove Tier 9 because no Members have liquidity from BYX (Tape A), and assessed a fee of achieved this tier in some months. products, in response to fee changes. $0.00050. Accordingly, competitive forces 7 ‘‘ADV’’ means average daily volume calculated 2. Statutory Basis constrain the Exchange’s transaction as the number of shares added or removed, The Exchange believes that the fees, and market participants can readily combined, per day. ADV is calculated on a monthly basis. proposed rule change is consistent with trade on competing venues if they deem 8 ‘‘TCV’’ means total consolidated volume the objectives of Section 6 of the Act,11 pricing levels at those other venues to calculated as the volume reported by all exchanges in general, and furthers the objectives of be more favorable. In response to the and trade reporting facilities to a consolidated Section 6(b)(4),12 in particular, as it is competitive environment, the Exchange transaction reporting plan for the month for which the fees apply. designed to provide for the equitable also offers tiered pricing which provides 9 ‘‘ADAV’’ means average daily volume calculated allocation of reasonable dues, fees and Members opportunities to qualify for as the number of shares added per day. ADAV is other charges among its Members and calculated on a monthly basis. issuers and other persons using its 3 See Cboe Global Markets, U.S. Equities Market 10 ‘‘Step-Up Remove TCV’’ means remove ADV as Volume Summary, Month-to-Date (February 25, a percentage of TCV in the relevant baseline month 2020), available at https://markets.cboe.com/us/ subtracted from current remove ADV as a 11 15 U.S.C. 78f. equities/market_statistics/. percentage of TCV. 12 15 U.S.C. 78f(b)(4).

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facilities. The Exchange also believes competitive market. The Exchange is Volume Tiers (tier 6 offers an enhanced that the proposed rule change is only one of several equity venues to rebate of $0.0015 and tier 7 an enhanced consistent with the objectives of Section which market participants may direct rebate of $0.0018). The proposed 6(b)(5) 13 requirements that the rules of their order flow, and it represents a amended tier merely provides and an exchange be designed to prevent small percentage of the overall market. additional opportunity for Members fraudulent and manipulative acts and It is also only one of several taker-maker submitting liquidity taking orders to practices, to promote just and equitable exchanges. Competing equity exchanges achieve an enhanced rebate. In addition principles of trade, to foster cooperation offer similar tiered pricing structures to to this, the Exchange believes it is and coordination with persons engaged that of the Exchange, including reasonable to remove Tier 9 from the in regulating, clearing, settling, schedules of rebates and fees that apply Fee Schedule as no Members have processing information with respect to, based upon members achieving certain achieved such tier in recent months. If and facilitating transactions in volume and/or growth thresholds. These the Exchange wishes to implement securities, to remove impediments to competing pricing schedules, moreover, additional opportunities to meet and perfect the mechanism of a free and are presently comparable to those that different tier criteria within the Remove open market and a national market the Exchange provides, including the Volume Tiers it may seek to do so by system, and, in general, to protect pricing of comparable tiers.16 submitting a rule filing at a later date. investors and the public interest, and, Moreover, the Exchange believes the The Exchange believes that the particularly, is not designed to permit proposed modification to increase the proposal represents an equitable unfair discrimination between enhanced rebate and ease the criteria allocation of rebates and is not unfairly customers, issuers, brokers, or dealers. under Remove Volume Tier 8, by discriminatory because all Members The Exchange operates in a highly- removing the ADAV as a percentage of will continue to be eligible for Remove competitive market in which market TCV threshold component and Volume Tier 8 as amended, and will participants can readily direct order decreasing the Step-Up Remove TCV have the opportunity to meet the tier’s flow to competing venues if they deem threshold (the proposed change also criteria and would receive the proposed fee levels at a particular venue to be updates the month by which the Step- increased enhanced rebate if such excessive or incentives to be Up component is measured), is a criteria is met. Without having a view of insufficient. The proposed rule change reasonable means to further incentivize activity on other markets and off- reflects a competitive pricing structure Members to increase their remove exchange venues, the Exchange has no designed to incentivize market volume order flow to the Exchange by way of knowing whether this proposed participants to direct their order flow to encouraging those Members who could rule change would definitely result in the Exchange, which the Exchange not achieve the tier previously to any Members qualifying for this tier. believes would enhance market quality increase their remove volume by a While the Exchange has no way of to the benefit of all Members. modest amount since February 2020 to predicting with certainty how the In particular, the Exchange believes receive the tier’s increased rebate. As proposed tier will impact Member the proposed tier is reasonable because such, adopting criteria based on a activity, the Exchange anticipates that at it restructures an opportunity for Member’s removing orders will least four Members will be able to Members to receive an enhanced rebate encourage Members executing on the compete for and reach the proposed tier. by making it easier to reach the Exchange to increase transactions and Accordingly, the Exchange believes the proposed criteria modification is proposed threshold by means of provide increased execution reasonably designed as an incentive to liquidity removing orders. The opportunities, in turn, incentivizing any and all Members interested in Exchange notes that relative volume- liquidity providing Members to take meeting the tier criteria to submit based incentives and discounts have such increase execution opportunities additional displayed order flow to been widely adopted by exchanges,14 and provide increased liquidity and achieve the proposed discount. The including the Exchange,15 and are price transparency on the Exchange. Exchange anticipates that these will reasonable, equitable and non- The Exchange believes that these include multiple Member types, discriminatory because they are open to increases benefit all Members by including wholesale firms (i.e., broker- all members on an equal basis and enhancing market quality and dealers that function to primarily make provide additional benefits or discounts contributing towards a robust and well- that are reasonably related to (i) the markets for retail orders) as well as balanced market ecosystem. Increased proprietary firms, each providing value to an exchange’s market quality overall order flow benefits all investors and (ii) associated higher levels of distinct types of order flow to the by deepening the Exchange’s liquidity Exchange to the benefit of all market market activity, such as higher levels of pool, potentially providing even greater liquidity provision and/or growth participants. For example, increased execution incentives and opportunities, wholesale firm order flow provides patterns. Additionally, as noted above, offering additional flexibility for all more trading opportunities for retail the Exchange operates in highly investors to enjoy cost savings, customers, which in turn attracts Market supporting the quality of price Makers. Increased Market Maker activity 13 15 U.S.C. 78f.(b)(5). discovery, promoting market facilitates tighter spreads which 14 See e.g., The Nasdaq BX, Inc. Rules, Equity 7 transparency and improving investor Pricing Schedule, Sec. 118(a), which generally potentially increases order flow from provides credits to members for adding and/or protection. The proposed increased other market participants. removing liquidity that reaches certain thresholds enhanced rebate amount also does not Further, the proposed elimination of of Consolidated Volume; and Cboe EDGA U.S. represent a significant departure from Tier 9 represents an equitable allocation Equities Exchange Fee Schedule, Footnote 7, Add/ the enhanced rebates currently offered Remove Volume Tiers, which provides similar of fees and is not unfairly incentives for liquidity removing orders. under the Exchange’s existing Remove discriminatory because it will equally 15 See generally, Cboe BYX U.S. Equities remove the enhanced rebate opportunity Exchange Fee Schedule, Footnotes 1 and 2, Add/ 16 See supra note 14. BX offers credits between in Tier 9 for all Members. The Exchange Remove Volume and Step-Up tiers provide $0.0029 and $0.0014 per share for liquidity incentives for volume adding and/or removing removing orders (substantially similar to those also notes that the proposed elimination orders and for criteria based on Step-Up Add TCV, rebates which the Exchange proposes) depending of Tier 9 will not adversely impact any respectively. on different criteria levels achieved. Member’s pricing or their ability to

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qualify for existing enhanced rebates opportunities, enhancing market Exchange does not believe its proposed (note that, the proposed enhanced quality, and continuing to encourage fee change imposes any burden on rebate in Tier 8 will be higher than the Members to send orders, thereby competition that is not necessary or rebate offered by Tier 9) or reduced fee contributing towards a robust and well- appropriate in furtherance of the tiers. Likewise, should a Member not balanced market ecosystem, which purposes of the Act. meet the proposed criteria in Tier 8, the benefits all market participants. C. Self-Regulatory Organization’s Member will merely not receive the Next, the Exchange believes the Statement on Comments on the enhanced rebate proposed in Tier 8 and proposed rule change does not impose Proposed Rule Change Received From still would have the opportunity to meet any burden on intermarket competition Members, Participants, or Others other criteria for enhanced rebates and that is not necessary or appropriate in reduced fees. Furthermore, the proposed furtherance of the purposes of the Act. The Exchange has not solicited, and rate in Tier 8 would uniformly apply to As previously discussed, the Exchange does not intend to solicit, comments on all Members that meet the required operates in a highly competitive market. this proposed rule change. The criteria under the modified tier. Members have numerous alternative Exchange has not received any venues that they may participate on and unsolicited written comments From B. Self-Regulatory Organization’s direct their order flow, including 12 Members or other interested parties. Statement on Burden on Competition other equities exchanges and off- III. Date of Effectiveness of the The Exchange does not believe that exchange venues and alternative trading Proposed Rule Change and Timing for the proposed rule change will impose systems. Additionally, the Exchange Commission Action any burden on intramarket or represents a small percentage of the intermarket competition that is not overall market. Based on publicly The foregoing rule change has become necessary or appropriate in furtherance available information, no single equities effective pursuant to Section 19(b)(3)(A) of the Act 21 and paragraph (f) of Rule of the purposes of the Act. Rather, as exchange has more than 17% of the 19b–4 22 thereunder. At any time within discussed above, the Exchange believes market share.18 Therefore, no exchange 60 days of the filing of the proposed rule that the proposed change would possesses significant pricing power in change, the Commission summarily may encourage the submission of additional the execution of order flow. Indeed, temporarily suspend such rule change if order flow to a public exchange, thereby participants can readily choose to send it appears to the Commission that such promoting market depth, execution their orders to other exchange and off- action is necessary or appropriate in the incentives and enhanced execution exchange venues if they deem fee levels public interest, for the protection of opportunities, as well as price discovery at those other venues to be more investors, or otherwise in furtherance of and transparency for all Members. As a favorable. Moreover, the Commission result, the Exchange believes that the the purposes of the Act. If the has repeatedly expressed its preference Commission takes such action, the proposed change furthers the for competition over regulatory Commission’s goal in adopting Commission will institute proceedings intervention in determining prices, to determine whether the proposed rule Regulation NMS of fostering products, and services in the securities competition among orders, which change should be approved or markets. Specifically, in Regulation disapproved. promotes ‘‘more efficient pricing of NMS, the Commission highlighted the individual stocks for all types of orders, importance of market forces in IV. Solicitation of Comments 17 large and small.’’ determining prices and SRO revenues Interested persons are invited to The Exchange believes the proposed and, also, recognized that current submit written data, views, and rule change does not impose any burden regulation of the market system ‘‘has arguments concerning the foregoing, on intramarket competition that is not been remarkably successful in including whether the proposed rule necessary or appropriate in furtherance promoting market competition in its change is consistent with the Act. of the purposes of the Act. Particularly, broader forms that are most important to Comments may be submitted by any of the proposed change applies to all investors and listed companies.’’ 19 The the following methods: Members equally in that all Members fact that this market is competitive has are eligible for the proposed tier, have also long been recognized by the courts. Electronic Comments a reasonable opportunity to meet the In NetCoalition v. Securities and • Use the Commission’s internet tier’s criteria and will all receive the Exchange Commission, the D.C. Circuit comment form (http://www.sec.gov/ proposed fee rate if such criteria is met. stated as follows: ‘‘[n]o one disputes rules/sro.shtml); or Additionally the proposed change is that competition for order flow is • Send an email to rule-comments@ designed to attract additional order flow ‘fierce.’ . . . As the SEC explained, ‘[i]n sec.gov. Please include File Number SR– to the Exchange. The Exchange believes the U.S. national market system, buyers CboeBYX–2020–008 on the subject line. that the modified tier criteria would and sellers of securities, and the broker- incentivize market participants to direct Paper Comments dealers that act as their order-routing • liquidity removing order flow to the agents, have a wide range of choices of Send paper comments in triplicate Exchange and, as a result, increase where to route orders for execution’; to Secretary, Securities and Exchange execution opportunities, which would [and] ‘no exchange can afford to take its Commission, 100 F Street NE, further incentivize the provision of market share percentages for granted’ Washington, DC 20549–1090. liquidity and continued order flow and because ‘no exchange possesses a All submissions should refer to File improve price transparency on the monopoly, regulatory or otherwise, in Number SR–CboeBYX–2020–008. This Exchange. Greater overall order flow the execution of order flow from broker file number should be included on the and pricing transparency benefits all dealers’. . . .’’. 20 Accordingly, the subject line if email is used. To help the market participants on the Exchange by Commission process and review your generally providing more trading 18 See supra note 3. 19 See Securities Exchange Act Release No. 51808 59039 (December 2, 2008), 73 FR 74770, 74782–83 17 Securities Exchange Act Release No. 51808, 70 (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005). (December 9, 2008) (SR–NYSEArca–2006–21)). FR 37495, 37498–99 (June 29, 2005) (S7–10–04) 20 NetCoalition v. SEC, 615 F.3d 525, 539 (DC Cir. 21 15 U.S.C. 78s(b)(3)(A). (Final Rule). 2010) (quoting Securities Exchange Act Release No. 22 17 CFR 240.19b–4(f).

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comments more efficiently, please use SECURITIES AND EXCHANGE approves and declares effective the only one method. The Commission will COMMISSION Plan. post all comments on the Commission’s [Release No. 34–88366; File No. 4–618] I. Introduction internet website (http://www.sec.gov/ Section 19(g)(1) of the Securities rules/sro.shtml). Copies of the Program for Allocation of Regulatory Exchange Act of 1934 (‘‘Act’’),2 among submission, all subsequent Responsibilities Pursuant to Rule 17d– other things, requires every self- amendments, all written statements 2; Order Approving and Declaring regulatory organization (‘‘SRO’’) with respect to the proposed rule Effective a Proposed Amendment to registered as either a national securities the Plan for the Allocation of change that are filed with the exchange or national securities Regulatory Responsibilities Between Commission, and all written association to examine for, and enforce Cboe BZX Exchange, Inc., Cboe BYX communications relating to the compliance by, its members and persons Exchange, Inc., BOX Exchange LLC, proposed rule change between the associated with its members with the Cboe Exchange, Inc., Cboe C2 Commission and any person, other than Act, the rules and regulations Exchange, Inc., NYSE Chicago, Inc., those that may be withheld from the thereunder, and the SRO’s own rules, Cboe EDGA Exchange, Inc., Cboe public in accordance with the unless the SRO is relieved of this EDGX Exchange, Inc., Financial provisions of 5 U.S.C. 552, will be responsibility pursuant to Section 17(d) Industry Regulatory Authority, Inc., available for website viewing and or Section 19(g)(2) of the Act.3 Without Nasdaq ISE, LLC, Nasdaq GEMX, LLC, this relief, the statutory obligation of printing in the Commission’s Public Nasdaq MRX, LLC, Investors Exchange each individual SRO could result in a Reference Room, 100 F Street NE, LLC, Miami International Securities pattern of multiple examinations of Washington, DC 20549 on official Exchange, LLC, MIAX PEARL, LLC, broker-dealers that maintain business days between the hours of MIAX Emerald, LLC, The Nasdaq Stock memberships in more than one SRO 10:00 a.m. and 3:00 p.m. Copies of the Market LLC, Nasdaq BX, Inc., Nasdaq (‘‘Common Members’’). Such regulatory filing also will be available for PHLX LLC, NYSE National, Inc., New duplication would add unnecessary inspection and copying at the principal York Stock Exchange LLC, NYSE expenses for common members and office of the Exchange. All comments American LLC, NYSE Arca, Inc., and received will be posted without change. their SROs. Long-Term Stock Exchange, Inc. Section 17(d)(1) of the Act 4 was Persons submitting comments are Concerning Covered Regulation NMS intended, in part, to eliminate cautioned that we do not redact or edit and Consolidated Audit Trail Rules unnecessary multiple examinations and personal identifying information from March 12, 2020. regulatory duplication.5 With respect to comment submissions. All submissions On February 3, 2020, Cboe BZX a common member, Section 17(d)(1) should refer to File Number SR– Exchange, Inc. (‘‘BZX’’), Cboe BYX authorizes the Commission, by rule or CboeBYX–2020–008 and should be Exchange, Inc. (‘‘BATS Y’’), BOX order, to relieve an SRO of the submitted on or before April 7, 2020. Exchange LLC (‘‘BOX’’), Cboe Exchange, responsibility to receive regulatory For the Commission, by the Division of Inc. (‘‘Cboe’’), Cboe C2 Exchange, Inc. reports, to examine for and enforce Trading and Markets, pursuant to delegated (‘‘C2’’), NYSE Chicago, Inc. (‘‘CHX’’), compliance with applicable statutes, authority.23 Cboe EDGA Exchange, Inc. (‘‘EDGA’’), rules, and regulations, or to perform J. Matthew DeLesDernier, Cboe EDGX Exchange, Inc. (‘‘EDGX’’), other specified regulatory functions. To implement Section 17(d)(1), the Assistant Secretary. Financial Industry Regulatory Authority, Inc. (‘‘FINRA’’), Nasdaq ISE, Commission adopted two rules: Rule [FR Doc. 2020–05377 Filed 3–16–20; 8:45 am] LLC (‘‘ISE’’), Nasdaq GEMX, LLC 17d–1 and Rule 17d–2 under the Act.6 BILLING CODE 8011–01–P (‘‘GEMX’’), Nasdaq MRX, LLC (‘‘MRX’’), Rule 17d–1 authorizes the Commission Investors Exchange LLC (‘‘IEX’’), Miami to name a single SRO as the designated International Securities Exchange, LLC examining authority (‘‘DEA’’) to (‘‘MIAX’’), MIAX PEARL, LLC (‘‘MIAX examine common members for PEARL’’), MIAX Emerald, LLC (‘‘MIAX compliance with the financial Emerald’’), The Nasdaq Stock Market responsibility requirements imposed by LLC (‘‘Nasdaq’’), Nasdaq BX, Inc. the Act, or by Commission or SRO (‘‘BX’’), Nasdaq PHLX LLC (‘‘PHLX’’), rules.7 When an SRO has been named as NYSE National, Inc. (‘‘NYSE National’’), a common member’s DEA, all other New York Stock Exchange LLC SROs to which the common member (‘‘NYSE’’), NYSE American LLC (‘‘NYSE belongs are relieved of the responsibility American’’), NYSE Arca, Inc. (‘‘NYSE to examine the firm for compliance with Arca’’), and Long-Term Stock Exchange, the applicable financial responsibility Inc. (‘‘LTSE’’) (each, a ‘‘Participating rules. On its face, Rule 17d–1 deals only Organization,’’ and, together, the with an SRO’s obligations to enforce ‘‘Participating Organizations’’ or the member compliance with financial ‘‘Parties’’), filed with the Securities and 2 Exchange Commission (‘‘Commission’’ 15 U.S.C. 78s(g)(1). 3 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2), or ‘‘SEC’’) an amended plan for the respectively. allocation of regulatory responsibilities 4 15 U.S.C. 78q(d)(1). (‘‘17d-2 Plan’’ or the ‘‘Plan’’). The Plan 5 See Securities Act Amendments of 1975, Report was published for comment on February of the Senate Committee on Banking, Housing, and 1 Urban Affairs to Accompany S. 249, S. Rep. No. 94– 25, 2020. The Commission received no 75, 94th Cong., 1st Session 32 (1975). comments on the Plan. This order 6 17 CFR 240.17d–1 and 17 CFR 240.17d–2, respectively. 1 See Securities Exchange Act Release No. 88246 7 See Securities Exchange Act Release No. 12352 23 17 CFR 200.30–3(a)(12). (February 20, 2020), 85 FR 10746. (April 20, 1976), 41 FR 18808 (May 7, 1976).

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responsibility requirements. Rule 17d–1 FINRA, the member’s DEA serves as the III. Discussion does not relieve an SRO from its DREA and ‘‘Designated CAT The Commission finds that the Plan, obligation to examine a common Surveillance Authority (‘‘DCSA’’), as amended, is consistent with the member for compliance with its own provided that the DEA exchange factors set forth in Section 17(d) of the rules and provisions of the federal operates a national securities exchange Act 12 and Rule 17d–2(c) thereunder 13 securities laws governing matters other or facility that trades NMS stocks and in that the proposed amended Plan is than financial responsibility, including the common member is a member of necessary or appropriate in the public sales practices and trading activities and such exchange or facility. Section 2(c) of interest and for the protection of practices. the Plan contains a list of principles that To address regulatory duplication in investors, fosters cooperation and are applicable to the allocation of coordination among SROs, and removes these and other areas, the Commission common members in cases not adopted Rule 17d–2 under the Act.8 impediments to and fosters the specifically addressed in the Plan. An development of the national market Rule 17d–2 permits SROs to propose exchange that does not trade NMS joint plans for the allocation of system. In particular, the Commission stocks would have no regulatory believes that the proposed amended regulatory responsibilities with respect authority for covered Regulation NMS to their common members. Under Plan should reduce unnecessary rules pertaining to NMS stocks. For regulatory duplication by allocating to paragraph (c) of Rule 17d–2, the covered rules that pertain to NMS Commission may declare such a plan the applicable DREA certain securities, and thus include options examination and enforcement effective if, after providing for (i.e., Rule 606, Rule 613 and the SRO appropriate notice and comment, it responsibilities, and to the applicable Covered CAT Rules), the Plan provides DCSA certain surveillance, determines that the plan is necessary or that the DREA will be the same as the appropriate in the public interest and investigation, and enforcement DREA for the rules pertaining to NMS responsibilities, for Common Members for the protection of investors; to foster stocks and will serve as the DCSA. For cooperation and coordination among the that would otherwise be performed by common members that are not members multiple Parties. Accordingly, the SROs; to remove impediments to, and of an exchange that trades NMS stocks, foster the development of, a national proposed amended Plan promotes the common member would be efficiency by reducing costs to Common market system and a national clearance allocated according to the principles set and settlement system; and is in Members. Furthermore, because the forth in Section 2(c) of the Plan. Parties will coordinate their regulatory conformity with the factors set forth in The text of the Plan delineates the Section 17(d) of the Act. Commission functions in accordance with the proposed regulatory responsibilities proposed amended Plan, the amended approval of a plan filed pursuant to Rule with respect to the Parties. Included in 17d–2 relieves an SRO of those Plan should promote investor the proposed Plan is an exhibit (the protection. regulatory responsibilities allocated by ‘‘Covered Rules’’) that lists the federal the plan to another SRO. The Commission is hereby declaring securities laws, rules, and regulations, effective a plan that allocates regulatory II. Proposed Amendment to the Plan for which the applicable DREA would responsibility for certain provisions of On February 3, 2020, the parties bear examination and enforcement the federal securities laws, rules, and submitted a proposed amendment to the responsibility, and for which the regulations as set forth in Exhibit A to Plan. The primary purpose of the applicable DCSA would bear the Plan. The Commission notes that amendment is to: (i) Add Rule 613 surveillance, investigation, and any amendment to the Plan must be under the Act and the rules of each enforcement responsibility, under the approved by the relevant Parties as set Participating Organization related to Plan for common members of the forth in Paragraph 24 of the Plan and Rule 613 listed on Exhibit A to the Plan Participating Organization and their must be filed with and approved by the (‘‘SRO Covered CAT Rules’’); and (ii) to associated persons. Commission before it may become reflect the name change of Nasdaq Specifically, the applicable DREA effective.14 PHLX, Inc. to Nasdaq PHLX LLC. assumes examination and enforcement The proposed 17d–2 Plan is intended responsibility, and the applicable DCSA IV. Conclusion to reduce regulatory duplication for assumes surveillance, investigation, and This Order gives effect to the Plan firms that are members of more than one enforcement responsibility, relating to filed with the Commission in File No. Participating Organization.9 The Plan compliance by common members with 4–618. The Parties shall notify all provides for the allocation of regulatory the Covered Rules. Covered Rules do members affected by the Plan of their responsibility according to whether the not include the application of any rule rights and obligations under the Plan. covered rule pertains to NMS stocks or of a Participating Organization, or any It is therefore ordered, pursuant to NMS securities. For covered rules that rule or regulation under the Act, to the Section 17(d) of the Act, that the Plan pertain to NMS stocks (i.e., Rules 607, extent that it pertains to violations of in File No. 4–618 is hereby approved 611, and 612), FINRA serves as the insider trading activities, because such and declared effective. ‘‘Designated Regulation NMS Examining matters are covered by a separate It is further ordered that the Parties Authority’’ (‘‘DREA’’) for common multiparty agreement under Rule 17d– who are not the DREA or DCSA as to a 10 members that are members of FINRA, 2. Under the Plan, Participating particular Common Member are relieved and assumes certain examination and Organizations retain full responsibility of those regulatory responsibilities enforcement responsibilities for those for surveillance and enforcement with allocated to the Common Member’s members with respect to specified respect to trading activities or practices 11 Regulation NMS rules. For common involving their own marketplace. 12 15 U.S.C. 78q(d). members that are not members of 13 17 CFR 240.17d–2(c). 10 See Securities Exchange Act Release No. 86542 14 See Paragraph 24 of the Plan. The Commission 8 See Securities Exchange Act Release No. 12935 (August 1, 2019), 84 FR 38679 (August 7, 2019) notes, however, that changes to Exhibit B to the (October 28, 1976), 41 FR 49091 (November 8, (File No. 4–566) (notice of filing and order Plan (the allocation of Common Members to 1976). approving and declaring effective an amendment to DREAs) are not required to be filed with, and 9 The proposed 17d–2 Plan refers to these the insider trading 17d–2 plan). approved by, the Commission before they become members as ‘‘Common Members.’’ 11 See paragraph 3 of the Plan. effective.

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DREA or DCSA under the Plan to the 500 Index declines in price by specified day following a Level 3 market decline, extent of such allocation. percentages from the prior day’s closing and specify that the Exchange will halt For the Commission, by the Division of price of that index. Currently, the trading for the remainder of the trading Trading and Markets, pursuant to delegated triggers are set at three circuit breaker day.9 The proposed rule change would authority.15 thresholds: 7% (Level 1), 13% (Level 2), allow the Exchange to resume trading in J. Matthew DeLesDernier, and 20% (Level 3). A market decline all securities the next trading day Assistant Secretary. that triggers a Level 1 or Level 2 halt following a Level 3 halt no differently after 9:30 a.m. ET and before 3:25 p.m. than any other trading day, which for [FR Doc. 2020–05479 Filed 3–16–20; 8:45 am] ET would halt market-wide trading for Nasdaq would be at the beginning of the BILLING CODE 8011–01–P 15 minutes, while a similar market Pre-Market Session at 4:00 a.m. ET decline at or after 3:25 p.m. ET would under its current rules.10 The Exchange SECURITIES AND EXCHANGE not halt market-wide trading. A market also expects that the primary listing COMMISSION decline that triggers a Level 3 halt at any exchanges will facilitate this change by time during the trading day would halt sending resume messages to the [Release No. 34–88360; File No. SR– market-wide trading until the primary applicable securities information NASDAQ–2020–003] listing market opens the next trading processor (‘‘SIP’’) to lift the Level 3 Self-Regulatory Organizations; The day. trading halt message in all securities. Nasdaq Stock Market LLC; Order Currently, in the event that a Level 3 The resumption messages will be Granting Approval of a Proposed Rule market decline occurs, the Exchange disseminated after the SIP has started on Change To Amend Rule 4121(b) would halt trading for the remainder of the next trading day and before the start the trading day, and would not resume of the earliest pre-market trading session March 11, 2020. until the primary listing market opens of all exchanges. If a security is On January 14, 2020, The Nasdaq the next trading day. Thus, if the separately subject to a regulatory halt Stock Market LLC (‘‘Nasdaq’’ or primary listing market is Nasdaq, the that has not ended, the primary listing ‘‘Exchange’’) filed with the Securities Exchange would resume trading in its exchange would replace the Level 3 halt and Exchange Commission listed securities at 4:00 a.m. ET on the message with the applicable regulatory (‘‘Commission’’) pursuant to Section next trading day, which is the beginning halt message. 19(b)(1) of the Securities Exchange Act of the Exchange’s Pre-Market Session.5 The Exchange believes, based on of 1934 (‘‘Act’’) 1 and Rule 19b–4 Effectively, Nasdaq would open its industry feedback, that opening in the thereunder,2 a proposed rule change to listed securities for trading following a normal course in all equity securities as amend Rule 4121(b) concerning the Level 3 halt the same as a regular opposed to, for instance, having a resumption of trading following a Level trading day under its current MWCB normal opening for Nasdaq-listed 3 trading halt due to extraordinary Level 3 re-opening procedures.6 For securities only or conducting a halt market volatility. The proposed rule non-Nasdaq listed securities, however, auction prior to resuming trading, change was published for comment in Nasdaq would resume trading once the would be more beneficial to the the Federal Register on January 23, primary listing market has re-opened marketplace. The Exchange states that 2020.3 On March 6, 2020, the the security for trading, which time may by allowing trading to resume after a Commission extended the time period currently vary depending on the Level 3 halt in all securities no within which to either approve the primary listing market.7 differently from any normal trading day proposed rule change, disapprove the The Exchange now proposes that a under the respective rules of each proposed rule change, or institute Level 3 halt would end at the end of the exchange, the proposed rule change proceedings to determine whether to trading day on which it is declared. This would provide greater certainty to the approve or disapprove the proposed proposed change would allow for next- marketplace by ensuring a familiar rule change, to April 22, 2020.4 The day trading to resume in all NMS Stocks experience for all market participants Commission received no comment no differently from any other trading that trade NMS Stocks and balances out letters on the proposed rule change. day.8 To effect this change, the potential concerns around volatility. This order approves the proposed rule Exchange proposes to delete the The Exchange states that while it change. language in Rule 4121(b)(ii) requiring recognizes that the impact of this the Exchange to wait until the primary proposal is to permit all securities to be I. Description of the Proposal listing exchange opens the next trading traded in the Pre-Market Session, which Rule 4121 provides a methodology for does not have certain price protections determining when to halt trading in all 5 Pre-Market Session means the trading session for volatility such as LULD Bands or stocks due to extraordinary market that begins at 4:00 a.m. and continues until 9:30 MWCB protections, it nonetheless a.m. See Rule 4120(b)(4). volatility (‘‘market-wide circuit 6 The Nasdaq system begins accepting and believes that this outcome is breakers’’ or ‘‘MWCB’’). The Exchange processing eligible orders in time priority at 4:00 outweighed by the benefits provided by proposes to amend Rule 4121(b) a.m. ET. See Nasdaq Rule 4752(b) for further opening in the Pre-Market Session in a concerning the resumption of trading description of trading in the Pre-Market Session. manner that is more familiar to the following a Level 3 market-wide circuit 7 There may be cross-market differences in how marketplace. The Exchange further each exchange currently opens the next day after a breaker halt. Level 3 MWCB halt. While Nasdaq currently states that allowing the resumption of Pursuant to Rule 4121, a market-wide resumes trading in its listed securities no differently trading halt will be triggered if the S&P from a regular trading day, other exchanges may, for 9 Presently, the Exchange’s equities trading day instance, conduct a halt auction process instead of ends at 8:00 p.m. ET. opening in the normal course under their respective 10 The Commission notes that the Exchange has 15 17 CFR 200.30–3(a)(34). rules. coordinated this proposal with the other national 1 15 U.S.C. 78s(b)(1). 8 The Exchange anticipates that the other national securities exchanges and FINRA and expects that 2 17 CFR 240.19b–4. securities exchanges and FINRA will also file they will file proposals with the Commission to 3 See Securities Exchange Act Release No. 88004 similar proposals to amend their MWCB rules on harmonize the MWCB rules and facilitate (January 17, 2020), 85 FR 3992 (‘‘Notice’’). the resumption of trading following Level 3 halts, appropriately a cross-market resumption of trading 4 See Securities Exchange Act Release No. 88342 and amend their rules, where required, to have their following a Level 3 halt that is no different from any (Federal Register publication pending). Level 3 next-day openings happen normally. normal trading day.

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trading to occur on the Exchange at the Secondly, the Exchange’s proposal is Register on January 30, 2020.3 The beginning of the Pre-Market Session in designed to enable price formation to Commission received no comments on all NMS Stocks would allow for price occur for all securities earlier in the the proposed rule change. formation to occur earlier in the trading trading day, which in turn could allow Section 19(b)(2) of the Act 4 provides day, which in turn would allow market market participants to react to news that that within 45 days of the publication of participants to react to news that has has developed and may result in more notice of the filing of a proposed rule developed, and that, as such, trading at orderly trading at the beginning of change, or within such longer period up the beginning of regular hours may be regular hours.14 For these reasons, the to 90 days as the Commission may more orderly. Commission finds that the Exchange’s designate if it finds such longer period II. Discussion and Commission proposal is consistent with the Act. to be appropriate and publishes its reasons for so finding or as to which the Findings III. Conclusion self-regulatory organization consents, After careful review, the Commission It is therefore ordered, pursuant to the Commission shall either approve the finds that the proposed rule change is Section 19(b)(2) of the Act,15 that the proposed rule change, disapprove the consistent with the requirements of the proposed rule change (SR–NASDAQ– proposed rule change, or institute Act and the rules and regulations 2020–003) be, and hereby is, approved. proceedings to determine whether the thereunder applicable to a national proposed rule change should be securities exchange.11 In particular, the For the Commission, by the Division of Trading and Markets, pursuant to delegated disapproved. The 45th day after Commission finds that the proposed authority.16 publication of the notice for this rule change is consistent with Section J. Matthew DeLesDernier, proposed rule change is March 15, 2020. 6(b)(5) of the Act,12 which requires, Assistant Secretary. The Commission is extending this 45- among other things, that the rules of a day time period. national securities exchange be [FR Doc. 2020–05371 Filed 3–16–20; 8:45 am] BILLING CODE 8011–01–P The Commission finds that it is designed to prevent fraudulent and appropriate to designate a longer period manipulative acts and practices, to within which to take action on the promote just and equitable principles of proposed rule change so that it has trade, to foster cooperation and SECURITIES AND EXCHANGE COMMISSION sufficient time to consider the proposed coordination with persons engaged in rule change. Accordingly, pursuant to facilitating transactions in securities, to [Release No. 34–88357; File No. SR–NYSE– Section 19(b)(2) of the Act,5 the remove impediments to and perfect the 2020–03] Commission designates April 29, 2020, mechanism of a free and open market as the date by which the Commission and a national market system and, in Self-Regulatory Organizations; New shall either approve or disapprove, or general, to protect investors and the York Stock Exchange LLC; Notice of institute proceedings to determine public interest. Designation of a Longer Period for whether to approve or disapprove, the The Commission believes that the Commission Action on a Proposed Exchange’s proposal protects investors proposed rule change (File No. SR– Rule Change To Add New Rule 46B To NYSE–2020–03). and the public interest because it is Permit the Appointment of Regulatory designed to promote fair and orderly Trading Officials and Amend Rules 47 For the Commission, by the Division of markets following a MWCB Level 3 halt and 75 Trading and Markets, pursuant to delegated in all securities. The Exchange’s authority.6 proposal is designed to promote fair and March 11, 2020. J. Matthew DeLesDernier, orderly markets in two ways. First, by On January 14, 2020, New York Stock Assistant Secretary. permitting the resumption of trading no Exchange LLC (‘‘NYSE’’) filed with the [FR Doc. 2020–05372 Filed 3–16–20; 8:45 am] differently from any normal trading day, Securities and Exchange Commission BILLING CODE 8011–01–P market participants are not forced to (‘‘Commission’’), pursuant to Section trade in manner differently from normal 19(b)(1) of the Securities Exchange Act trading days following a Level 3 market of 1934 (‘‘Act’’) 1 and Rule 19b–4 SECURITIES AND EXCHANGE event.13 This is particularly important thereunder,2 a proposed rule change to COMMISSION as the market seeks to resume trading add new Rule 46B to permit the after being required to halt trading for appointment of Regulatory Trading [Release No. 34–88361; SR–NYSE–2019–68] the remainder of the prior trading day. Officials and amend Rules 47 and 75 to review whether a bid or offer was Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of 11 15 U.S.C. 78s(b)(2). verbalized at the point of sale in time to 12 15 U.S.C. 78f(b)(5). be eligible for inclusion in the Closing Withdrawal of a Proposed Rule Change 13 The Exchange states that it has been working Auction. The proposed rule change was To Amend Its Rules To Add New Rule with other national securities exchanges and FINRA 7.19 (Pre-Trade Risk Controls) to establish a standardized approach for resuming published for comment in the Federal trading in all NMS Stocks following a Level 3 halt, March 11, 2020. and that the proposed approach would allow for the 14 The Commission recognizes that while the On November 27, 2019, New York opening of all securities the next trading day after proposal will permit all securities to be traded in a Level 3 halt as a regular trading day, and is the Exchange’s Pre-Market Session, during which Stock Exchange LLC (‘‘NYSE’’ or designed to ensure that Level 3 MWCB events are certain price protections for volatility such as LULD ‘‘Exchange’’) filed with the Securities handled in a more consistent manner that is Price Bands or MWCB protections are not in effect, and Exchange Commission transparent for market participants. See Notice, it believes that this is justified by the benefits noted (‘‘Commission’’), pursuant to Section supra note 3, at 3993. As noted above, the above. Commission recognizes that the Exchange has filed 19(b)(1) of the Securities Exchange Act 15 In approving this proposed rule change, the this proposal in consultation and coordination with Commission has considered the proposed rule’s the other national securities exchanges and FINRA 3 and expects that these SROs will file proposals with impact on efficiency, competition, and capital See Securities Exchange Act Release No. 88033 the Commission to harmonize the MWCB rules and formation. See 15 U.S.C. 78c(f). (Jan. 24, 2020), 85 FR 5511 (Jan. 30, 2020). facilitate appropriately a cross-market resumption 16 17 CFR 200.30–3(a)(12). 4 15 U.S.C. 78s(b)(2). of trading following a Level 3 halt that is no 1 15 U.S.C. 78s(b)(1). 5 Id. different from any normal trading day. 2 17 CFR 240.19b–4. 6 17 CFR 200.30–3(a)(31).

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of 1934 (‘‘Act’’) 1 and Rule 19b–4 Disbursement Center, 14925 Kingsport SUPPLEMENTARY INFORMATION: SBA Loan thereunder,2 a proposed rule change to Road, Fort Worth, TX 76155. Program Requirements, including 13 adopt NYSE Rule 7.19 to provide for FOR FURTHER INFORMATION CONTACT: A. CFR Section 120.830, require Certified optional pre-trade risk controls. The Escobar, Office of Disaster Assistance, Development Companies participating proposed rule change was published for U.S. Small Business Administration, in the SBA 504 Loan Program to comment in the Federal Register on 409 3rd Street SW, Suite 6050, complete and submit an annual report December 17, 2019.3 The Commission Washington, DC 20416, (202) 205–6734. that contains financial statements, and 4 operational and management has received two comment letters. On SUPPLEMENTARY INFORMATION: The notice information. This reporting requirement January 29, 2020, the Commission of the President’s major disaster is currently approved under OMB designated a longer period within which declaration for the Commonwealth of Control Number 3245–0074 and consists to approve the proposed rule change, Puerto Rico, dated 01/16/2020, is hereby of SBA Form 1253, Certified disapprove the proposed rule change, or amended to include the following areas Development Company (CDC) Annual institute proceedings to determine as adversely affected by the disaster: Report Guide and an exhibit. The whether to approve or disapprove the Primary Municipalities (Physical 5 Annual Report Guide outlines the proposed rule change. Damage and Economic Injury standards for meeting a CDC’s annual On March 10, 2020, the Exchange Loans): Aguada, Anasco, reporting requirements, while the withdrew the proposed rule change Barceloneta, Coamo, Moca, exhibit serves as a template for the (SR–NYSE–2019–68). Naranjito, Salinas, Santa Isabel. preferred method for a CDC to report For the Commission, by the Division of Contiguous Municipalities (Economic data on job creation and retention. The Trading and Markets, pursuant to delegated Injury Loans Only): 6 information collected is used by SBA authority. Puerto Rico: Aguadilla, Aibonito, J. Matthew DeLesDernier, District Offices, the Office of Credit Risk Bayamon, Cayey, Comerio, Management, and the Office of Assistant Secretary. Guayama, Rincon. Financial Assistance, 504 Program [FR Doc. 2020–05373 Filed 3–16–20; 8:45 am] All other information in the original Branch, to determine a CDC’s financial BILLING CODE 8011–01–P declaration remains unchanged. condition, its compliance with SBA (Catalog of Federal Domestic Assistance Loan Program Requirements, and the Number 59008) impact of its assistance to small SMALL BUSINESS ADMINISTRATION businesses. Rafaela Monchek, SBA is revising the information [Disaster Declaration #16253 and #16254; Acting Associate Administrator for Disaster PUERTO RICO Disaster Number PR–00034] collection to among other things, Assistance. address recent rule changes and Presidential Declaration Amendment of [FR Doc. 2020–05467 Filed 3–16–20; 8:45 am] technological improvements, and to a Major Disaster for the BILLING CODE 8026–03–P clarify and streamline the information to Commonwealth of Puerto Rico be submitted. AGENCY: U.S. Small Business SMALL BUSINESS ADMINISTRATION Summary of Changes to OMB Control Administration. Number 3245–0074 ACTION: Amendment 4. Data Collection Available for Public 1. In lieu of outlining the reporting Comments requirements in SBA Form 1253, SBA is SUMMARY: This is an amendment of the proposing to eliminate the form and Presidential declaration of a major ACTION: 60-Day notice and request for comments. incorporate the requirements into SBA disaster for the Commonwealth of Standard Operating Procedures (SOP) Puerto Rico (FEMA–4473–DR), dated SUMMARY: The Small Business 50 10, Lender and Development 01/16/2020. Administration (SBA) intends to request Company Loan Programs, as an Incident: Earthquakes. approval from the Office of Management Appendix. This change will allow CDCs Incident Period: 12/28/2019 through and Budget (OMB) for the collection of to locate the information collection in 02/04/2020. information described below. The the same document that they refer to for DATES: Issued on 03/10/2020. Paperwork Reduction Act (PRA) guidance on SBA Loan Program Physical Loan Application Deadline requires federal agencies to publish a Requirements, which will facilitate their Date: 03/16/2020. notice in the Federal Register preparation of the annual report. Economic Injury (EIDL) Loan concerning each proposed collection of 2. The information collection will also Application Deadline Date: 10/16/2020. information before submission to OMB, be revised to conform to the changes ADDRESSES: Submit completed loan and to allow 60 days for public made by the Streamlining and applications to: U.S. Small Business comment in response to the notice. Modernizing Certified Development Administration, Processing and Company Program (504 Loan Program) DATES: Submit comments on or before May 18, 2020. Corporate Governance Requirements 1 15 U.S.C. 78s(b)(1). final rule published at 84 FR 66287 on 2 17 CFR 240.19b–4. ADDRESSES: Send all comments to Mary December 4, 2019. These changes 3 See Securities Exchange Act Release No. 87715 Frias, Loan Specialist, Office of include: (Dec. 11, 2019), 84 FR 68995 (Dec. 17, 2019). Financial Assistance, Small Business (a) Incorporating the option that 4 See Letter, dated January 7, 2020, to Vanessa Administration, 409 3rd Street SW, 8th Countryman, Secretary, Commission, from Murray allows a Multi-State CDC to add two Pozmanter, Managing Director, Head of Clearing Floor, Washington, DC 20416. additional members to its Board or Loan Agency Services and GOCS, DTCC. See also Letter, FOR FURTHER INFORMATION CONTACT: Committee (if established in the CDC’s dated January 7, 2020, to Vanessa Countryman, Mary Frias, Loan Specialist, Office of State of incorporation) as an alternative Secretary, Commission, from Tom Barrett, Managing Director, Goldman Sachs & Co. LLC. Financial Assistance, 202–401–8234, to creating a separate Loan Committee 5 See Securities Exchange Act Release No. 88080, [email protected], or Curtis B. Rich, in the State into which it has expanded. 85 FR 6254 (February 4, 2020). Management Analyst, 202–205–7030, (b) Revising the instruction to make it 6 17 CFR 200.30–3(a)(12). [email protected]. clear that CDCs are no longer required

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to submit a copy of their contracts with Total Estimated Annual Hour Burden: Percent the Annual Report if a copy of the 5,824. current and executed contract was Non-Profit Organizations Curtis Rich, previously submitted to SBA and the without Credit Available CDC so certifies. In addition, the Management Analyst. Elsewhere ...... 2.750 information collection will be changed [FR Doc. 2020–05448 Filed 3–16–20; 8:45 am] For Economic Injury: BILLING CODE 8025–03–P Non-Profit Organizations to no longer require the CDC to provide without Credit Available a copy of any other contract-related Elsewhere ...... 2.750 documents that SBA already has in its SMALL BUSINESS ADMINISTRATION possession. The number assigned to this disaster (c) Revising the collection to reflect for physical damage is 163282 and for that a CDC may contract with another [Disaster Declaration #16328 and #16329; economic injury is 163290. Puerto Rico Disaster Number PR–00035] CDC to perform the independent loan (Catalog of Federal Domestic Assistance review (with SBA’s prior written Presidential Declaration of a Major Number 59008) approval); Disaster for Public Assistance Only for Rafaela Monchek, (d) Revising the collection to reflect the Commonwealth of Puerto Rico the increase in the threshold for Acting Associate Administrator for Disaster Assistance. requiring a CDC to submit an audited AGENCY: U.S. Small Business financial statement from $20 million in Administration. [FR Doc. 2020–05515 Filed 3–16–20; 8:45 am] outstanding 504 loans to $30 million. ACTION: Notice. BILLING CODE 8026–03–P CDCs with a 504-loan portfolio balance SUMMARY: This is a Notice of the of less than $30 million will be able to SMALL BUSINESS ADMINISTRATION submit a reviewed financial statement. Presidential declaration of a major 3. The information collection will also disaster for Public Assistance Only for [Disaster Declaration # 16328 and # 16329; be revised to state that CDCs can submit the Commonwealth of Puerto Rico Puerto Rico Disaster Number PR–00035] (FEMA–4473–DR), dated 03/11/2020. certain documents to SBA by uploading Presidential Declaration of a Major them into the new Corporate Incident: Earthquakes. Incident Period: 12/28/2019 through Disaster for Public Assistance Only for Governance Repository, and CDCs will the Commonwealth of Puerto Rico not need to include those documents 02/04/2020. with their Annual Report if they DATES: Issued on 03/11/2020. AGENCY: U.S. Small Business previously uploaded the documents to Physical Loan Application Deadline Administration. the Repository. In addition, starting Date: 05/11/2020. ACTION: Notice. with the submission of the FY 2019 Economic Injury (EIDL) Loan Annual Report, CDCs can file their Application Deadline Date: 12/11/2020. SUMMARY: This is a Notice of the entire Annual Report with SBA using ADDRESSES: Submit completed loan Presidential declaration of a major the Repository. applications to: U.S. Small Business disaster for Public Assistance Only for 4. Finally the collection will be Administration, Processing and the Commonwealth of Puerto Rico amended to remove certain definitions; Disbursement Center, 14925 Kingsport (FEMA–4473–DR), dated 03/11/2020. Road, Fort Worth, TX 76155. Incident: Earthquakes. they will instead be cross referenced to Incident Period: 12/28/2019 through the definitions section of the SOP 50 10. FOR FURTHER INFORMATION CONTACT: A 02/04/2020. Escobar, Office of Disaster Assistance, Solicitation of Public Comments DATES: Issued on 03/11/2020. U.S. Small Business Administration, Physical Loan Application Deadline SBA is requesting comments on (i) 409 3rd Street SW, Suite 6050, Date: 05/11/2020. whether the collection of information is Washington, DC 20416, (202) 205–6734. Economic Injury (EIDL) Loan necessary for the agency to properly SUPPLEMENTARY INFORMATION: Notice is Application Deadline Date: 12/11/2020. perform its functions; (ii) whether the hereby given that as a result of the ADDRESSES: Submit completed loan burden estimates are accurate; (iii) President’s major disaster declaration on applications to: U.S. Small Business whether there are ways to minimize the 03/11/2020, Private Non-Profit Administration, Processing and burden, including through the use of organizations that provide essential Disbursement Center, 14925 Kingsport automated techniques or other forms of services of a governmental nature may Road, Fort Worth, TX 76155. information technology; and (iv) file disaster loan applications at the FOR FURTHER INFORMATION CONTACT: whether there are ways to enhance the A. address listed above or other locally Escobar, Office of Disaster Assistance, quality, utility and clarity of the announced locations. information. U.S. Small Business Administration, The following areas have been 409 3rd Street SW, Suite 6050, Summary of Information Collection determined to be adversely affected by Washington, DC 20416, (202) 205–6734. the disaster: SUPPLEMENTARY INFORMATION: Notice is Title: Certified Development Primary Municipalities: Adjuntas, hereby given that as a result of the Company (CDC) Annual Report Guide. Guanica, Guayanilla, Jayuya, Juana Diaz, President’s major disaster declaration on Form Number: None (formerly SBA Lajas, Las Marias, Mayaguez, Penuelas, 03/11/2020, Private Non-Profit Form 1253). Ponce, Sabana Grande, San German, organizations that provide essential Utuado, Yauco. OMB Control Number: 3245–0074. services of a governmental nature may The Interest Rates are: Description of Respondents: Certified file disaster loan applications at the Development Companies. Percent address listed above or other locally Total Estimated Number of announced locations. Respondents Annually: 208. For Physical Damage: The following areas have been Frequency of Response Annually: 1 Non-Profit Organizations with determined to be adversely affected by per each CDC. Credit Available Elsewhere 2.750 the disaster:

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Primary Municipalities: Adjuntas, determine that certain objects to be exhibition or display of the exhibit Guanica, Guayanilla, Jayuya, Juana included in the exhibition ‘‘Asia Society objects at the Sterling and Fracine Clark Diaz, Lajas, Las Marias, Mayaguez, Triennial: We Do Not Dream Alone,’’ Art Institute, Williamstown, Penuelas, Ponce, Sabana Grande, imported from abroad for temporary Massachusetts, from on or about May 9, San German, Utuado, Yauco. exhibition within the United States, are 2020, until on or about November 1, The Interest Rates are: of cultural significance. The objects are 2020, and at possible additional imported pursuant to loan agreements exhibitions or venues yet to be Percent with the foreign owners or custodians. determined, is in the national interest. I also determine that the exhibition or I have ordered that Public Notice of For Physical Damage: display of the exhibit objects at the Asia these determinations be published in Non-Profit Organizations with Society Museum, New York, New York, Credit Available Elsewhere ... 2.750 the Federal Register. Non-Profit Organizations with- from on or about June 5, 2020, until on FOR FURTHER INFORMATION CONTACT: Chi out Credit Available Else- or about August 9, 2020; at Governors D. Tran, Program Administrator, Office where ...... 2.750 Island, New York, New York, from on or of the Legal Adviser, U.S. Department of For Economic Injury: about June 5, 2020, until on or about State (telephone: 202–632–6471; email: Non-Profit Organizations with- August 9, 2020; and at possible [email protected]). The mailing out Credit Available Else- additional exhibitions or venues yet to address is U.S. Department of State, L/ where ...... 2.750 be determined, is in the national PD, SA–5, Suite 5H03, Washington, DC interest. I have ordered that Public 20522–0505. The number assigned to this disaster Notice of these determinations be SUPPLEMENTARY INFORMATION: The for physical damage is 163282 and for published in the Federal Register. economic injury is 163290. foregoing determinations were made FOR FURTHER INFORMATION CONTACT: Chi pursuant to the authority vested in me (Catalog of Federal Domestic Assistance D. Tran, Program Administrator, Office by the Act of October 19, 1965 (79 Stat. Number 59008) of the Legal Adviser, U.S. Department of 985; 22 U.S.C. 2459), Executive Order Rafaela Monchek, State (telephone: 202–632–6471; email: 12047 of March 27, 1978, the Foreign Acting Associate Administrator for Disaster [email protected]). The mailing Affairs Reform and Restructuring Act of Assistance. address is U.S. Department of State, L/ 1998 (112 Stat. 2681, et seq.; 22 U.S.C. [FR Doc. 2020–05460 Filed 3–16–20; 8:45 am] PD, SA–5, Suite 5H03, Washington, DC 6501 note, et seq.), Delegation of 20522–0505. BILLING CODE 8026–03–P Authority No. 234 of October 1, 1999, SUPPLEMENTARY INFORMATION: The and Delegation of Authority No. 236–3 foregoing determinations were made of August 28, 2000. DEPARTMENT OF STATE pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. Marie Therese Porter Royce, [Public Notice: 11074] 985; 22 U.S.C. 2459), Executive Order Assistant Secretary, Educational and Cultural 12047 of March 27, 1978, the Foreign Affairs, Department of State. Commission on Unalienable Rights: Affairs Reform and Restructuring Act of [FR Doc. 2020–05492 Filed 3–16–20; 8:45 am] Notice of Cancellation of Open Meeting 1998 (112 Stat. 2681, et seq.; 22 U.S.C. BILLING CODE 4710–05–P Due to concerns surrounding the 6501 note, et seq.), Delegation of spread of coronavirus, the Commission Authority No. 234 of October 1, 1999, on Unalienable Rights (‘‘Commission’’) and Delegation of Authority No. 236–3 OFFICE OF THE UNITED STATES is cancelling its open meeting of August 28, 2000. TRADE REPRESENTATIVE previously scheduled on Thursday, Marie Therese Porter Royce, March 26. If another meeting is Notice of Product Exclusions: China’s Assistant Secretary, Educational and Cultural Acts, Policies, and Practices Related to scheduled, the Department of State will Affairs, Department of State. issue a Federal Register Notice with Technology Transfer, Intellectual details. [FR Doc. 2020–05493 Filed 3–16–20; 8:45 am] Property, and Innovation For additional information, contact BILLING CODE 4710–05–P AGENCY: Office of the United States Duncan Walker, Policy Planning Staff, Trade Representative. at (202) 647–2236, or walkerdh3@ DEPARTMENT OF STATE ACTION: state.gov. Notice of product exclusions. [Public Notice 11075] Duncan H. Walker, SUMMARY: On August 20, 2019, at the Designated Federal Officer, U.S. Department Notice of Determinations: Culturally direction of the President, the U.S. of State. Significant Objects Imported for Trade Representative determined to modify the action being taken in the [FR Doc. 2020–05471 Filed 3–16–20; 8:45 am] Exhibition—Determinations: ‘‘Claude & Section 301 investigation of China’s BILLING CODE 4710–10–P Franc¸ois-Xavier Lalanne: Nature Transformed’’ Exhibition acts, policies, and practices related to technology transfer, intellectual DEPARTMENT OF STATE SUMMARY: Notice is hereby given of the property, and innovation by imposing following determinations: I hereby additional duties of 10 percent ad [Public Notice 11071] determine that certain objects to be valorem on goods of China with an Notice of Determinations; Culturally included in the exhibition ‘‘Claude & annual trade value of approximately Significant Objects Imported for Franc¸ois-Xavier Lalanne: Nature $300 billion. The additional duties on Exhibition—Determinations: ‘‘Asia Transformed,’’ imported from abroad for products in List 1, which is set out in Society Triennial: We Do Not Dream temporary exhibition within the United Annex A of that action, became effective Alone’’ Exhibition States, are of cultural significance. The on September 1, 2019. On August 30, objects are imported pursuant to loan 2019, at the direction of the President, SUMMARY: Notice is hereby given of the agreements with the foreign owners or the U.S. Trade Representative following determinations: I hereby custodians. I also determine that the determined to increase the rate of the

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additional duty applicable to the tariff effective September 1, 2019. List 2, ‘‘Made in China 2025’’ or other Chinese subheadings covered by the action which is set out in Annex C of the industrial programs. announced in the August 20 notice from August 20 notice, was scheduled to take 10 percent to 15 percent. On January 22, effect on December 15, 2019. The October 24 notice stated that the 2020, the U.S. Trade Representative On August 30, 2019, the U.S. Trade U.S. Trade Representative would take determined to reduce the rate from 15 Representative, at the direction of the into account whether an exclusion percent to 7.5 percent. The U.S. Trade President, determined to modify the would undermine the objective of the Representative initiated a product action being taken in the investigation Section 301 investigation. exclusion process in October 2019, and by increasing the rate of additional duty The October 24 notice required interested persons have submitted from 10 to 15 percent ad valorem on the submission of requests for exclusion requests for the exclusion of specific goods of China specified in Annex A from List 1 of the $300 billion action no products. This notice announces the and Annex C of the August 20 notice. later than January 31, 2020, and noted U.S. Trade Representative’s See 84 FR 45821. On October 24, 2019, that the U.S. Trade Representative determination to grant certain exclusion the U.S. Trade Representative periodically would announce decisions. established a process by which U.S. requests, as specified in the Annex to In March 2020, the U.S. Trade stakeholders could request exclusion of this notice. The U.S. Trade Representative granted an initial set of Representative will continue to issue particular products classified within an 8-digit Harmonized Tariff Schedule of exclusion requests. See 85 FR 13970. decisions on pending requests on a The Office of the United States Trade periodic basis. the United States (HTSUS) subheading covered by List 1 of the $300 billion Representative regularly updates the DATES: The product exclusions status of each pending request on the announced in this notice will apply as action from the additional duties. See 84 FR 57144 (October 24 notice). Exclusions Portal at https:// of September 1, 2019, the effective date exclusions.ustr.gov/s/ of the $300 billion action, and will Subsequently, the U.S. Trade docket?docketNumber=USTR-2019- extend to September 1, 2020. Representative announced a determination to suspend until further 0017. FOR FURTHER INFORMATION CONTACT: For notice the additional duties on products general questions about this notice, set out in Annex C of the August 20 B. Determination To Grant Certain contact Assistant General Counsels notice. See 84 FR 69447 (December 18, Exclusions Philip Butler or Megan Grimball, or 2019). The U.S. Trade Representative Based on evaluation of the factors set Director of Industrial Goods Justin later determined to modify the action Hoffmann at (202) 395–5725. For out in the October 24 notice, which are being taken by reducing the additional summarized above, pursuant to sections specific questions on customs duties for the products covered in 301(b), 301(c), and 307(a) of the Trade classification or implementation of the Annex A of the August 20 notice from Act of 1974, as amended, and in product exclusions identified in the 15 percent to 7.5 percent. See 85 FR Annex to this notice, contact 3741 (January 22, 2020). accordance with the advice of the [email protected]. Under the October 24 notice, requests interagency Section 301 Committee, the SUPPLEMENTARY INFORMATION: for exclusion had to identify the product U.S. Trade Representative has determined to grant the product A. Background subject to the request in terms of the physical characteristics that distinguish exclusions set out in the Annex to this For background on the proceedings in the product from other products within notice. The U.S. Trade Representative’s this investigation, please see the prior the relevant 8-digit subheading covered determination also takes into account notices, including 82 FR 40213 (August by the $300 billion action. Requestors advice from advisory committees and 24, 2017), 83 FR 14906 (April 6, 2018), also had to provide the 10-digit any public comments on the pertinent 83 FR 28710 (June 20, 2018), 83 FR subheading of the HTSUS most exclusion requests. 33608 (July 17, 2018), 83 FR 38760 applicable to the particular product As set out in the Annex, the (August 7, 2018), 83 FR 40823 (August requested for exclusion, and could exclusions are reflected in 19 specially 16, 2018), 83 FR 47974 (September 21, submit information on the ability of U.S. prepared product descriptions, which 2018), 83 FR 49153 (September 28, Customs and Border Protection to 2018), 84 FR 20459 (May 9, 2019), 84 FR administer the requested exclusion. cover 39 separate exclusion requests. 43304 (August 20, 2019), 84 FR 45821 Requestors were asked to provide the In accordance with the October 24 (August 30, 2019), 84 FR 57144 (October quantity and value of the Chinese-origin notice, the exclusions are available for 24, 2019), 84 FR 69447 (December 18, product that the requestor purchased in any product that meets the description 2019), 85 FR 3741 (January 22, 2020), the last three years, among other in the Annex, regardless of whether the and 85 FR 13970 (March 10, 2020). information. With regard to the rationale importer filed an exclusion request. In a notice published August 20, for the requested exclusion, requests Further, the scope of each exclusion is 2019, the U.S. Trade Representative, at had to address the following factors: governed by the scope of the 10-digit • the direction of the President, Whether the particular product is HTSUS subheading as described in the announced a determination to modify available only from China and Annex, and not by the product the action being taken in the Section specifically whether the particular descriptions set out in any particular 301 investigation by imposing an product and/or a comparable product is request for exclusion. additional 10 percent ad valorem duty available from sources in the United on products of China with an annual States and/or third countries. As stated in the October 24 notice, the aggregate trade value of approximately • Whether the imposition of exclusions will apply from September 1, $300 billion. 84 FR 43304 (August 20, additional duties on the particular 2019, the effective date of the $300 2019) (August 20 notice). The August 20 product would cause severe economic billion action, and will extend for one notice contains two separate lists of harm to the requestor or other U.S. year to September 1, 2020. U.S. Customs tariff subheadings with two different interests. and Border Protection will issue effective dates. List 1, which is set out • Whether the particular product is instructions on entry guidance and in Annex A of the August 20 notice, was strategically important or related to implementation.

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The U.S. Trade Representative will continue to issue determinations on pending requests on a periodic basis. Joseph Barloon, General Counsel, Office of the U.S. Trade Representative. BILLING CODE 3290–F0–P

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[FR Doc. 2020–05451 Filed 3–16–20; 8:45 am] http://www.regulations.gov at any time. inclusion or omission of information in BILLING CODE 3290–F0–C Follow the online instructions for the summary is intended to affect the accessing the docket or go to the Docket legal status of the petition or its final Operations in Room W12–140 of the disposition. DEPARTMENT OF TRANSPORTATION West Building Ground Floor at 1200 DATES: Comments on this petition must New Jersey Avenue SE, Washington, DC identify the petition docket number and Federal Aviation Administration 20590–0001, between 9 a.m. and 5 p.m., must be received on or before April 6, [Summary Notice No. 2020–02] Monday through Friday, except Federal 2020. holidays. ADDRESSES: Send comments identified Petition for Exemption; Summary of FOR FURTHER INFORMATION CONTACT: by docket number FAA–2019–0951 Petition Received; Pitman Air LLC Megan Blatchford (202) 267–3896, using any of the following methods: Office of Rulemaking, Federal Aviation • AGENCY: Federal Aviation Federal eRulemaking Portal: Go to Administration, 800 Independence Administration (FAA), Department of http://www.regulations.gov and follow Transportation (DOT). Avenue SW, Washington, DC 20591. the online instructions for sending your This notice is published pursuant to ACTION: Notice. comments electronically. 14 CFR 11.85. • Mail: Send comments to Docket SUMMARY: This notice contains a Issued in Washington, DC, on March 11, Operations, M–30; U.S. Department of summary of a petition seeking relief 2020. Transportation, 1200 New Jersey from specified requirements of Federal Brandon Roberts, Avenue SE, Room W12–140, West Aviation Regulations. The purpose of Acting Executive Director, Office of Building Ground Floor, Washington, DC this notice is to improve the public’s Rulemaking. 20590–0001. awareness of, and participation in, the • Hand Delivery or Courier: Take FAA’s exemption process. Neither Petition for Exemption comments to Docket Operations in publication of this notice nor the Docket No.: FAA–2020–0001. Room W12–140 of the West Building inclusion or omission of information in Petitioner: Pitman Air LLC. Ground Floor at 1200 New Jersey the summary is intended to affect the Section(s) of 14 CFR Affected: Avenue SE, Washington, DC 20590– legal status of the petition or its final §§ 91.309(a)(1), 61.69(a)(1), and 0001, between 9 a.m. and 5 p.m., disposition. 61.315(c)(18). Monday through Friday, except Federal Description of Relief Sought: The holidays. DATES: Comments on this petition must • identify the petition docket number and Petitioner seeks relief from the Fax: Fax comments to Docket must be received on or before April 6, aforementioned sections of the Code of Operations at (202) 493–2251. Privacy: In accordance with 5 U.S.C. 2020. Federal Regulations to allow pilots-in- command who possess a sport pilot 553(c), DOT solicits comments from the ADDRESSES: Send comments identified public to better inform its rulemaking by docket number FAA–2020–0001 certificate, private pilot certificate or higher, with a valid Driver’s License in process. DOT posts these comments, using any of the following methods: without edit, including any personal • Federal eRulemaking Portal: Go to lieu of a Medical Certificate, to operate information the commenter provides, to http://www.regulations.gov and follow aircraft certificated as Special Light http://www.regulations.gov, as the online instructions for sending your Sport Aircraft (SLSA) or Experimental described in the system of records comments electronically. Light Sport Aircraft (ELSA), such as • Mail: Send comments to Docket ‘‘Dragonfly’’ and ‘‘Dragonfly Rancher,’’ notice (DOT/ALL–14 FDMS), which can Operations, M–30; U.S. Department of to tow Unpowered Ultralights (i.e. hang- be reviewed at http://www.dot.gov/ Transportation, 1200 New Jersey gliders), Light Sport Gliders and other privacy. Docket: Background documents or Avenue SE, Room W12–140, West Light Gliders. comments received may be read at Building Ground Floor, Washington, DC [FR Doc. 2020–05537 Filed 3–16–20; 8:45 am] http://www.regulations.gov at any time. 20590–0001. BILLING CODE 4910–13–P • Hand Delivery or Courier: Take Follow the online instructions for comments to Docket Operations in accessing the docket or go to the Docket Operations in Room W12–140 of the Room W12–140 of the West Building DEPARTMENT OF TRANSPORTATION Ground Floor at 1200 New Jersey West Building Ground Floor at 1200 Avenue SE., Washington, DC 20590– Federal Aviation Administration New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., 0001, between 9 a.m. and 5 p.m., [Summary Notice No. 2020–12] Monday through Friday, except Federal Monday through Friday, except Federal holidays. holidays. Petition for Exemption; Summary of • FOR FURTHER INFORMATION CONTACT: Fax: Fax comments to Docket Petition Received; Kenneth Thomas Operations at (202) 493–2251. Hanan Romodan (202) 267–2778, Office Privacy: In accordance with 5 U.S.C. AGENCY: Federal Aviation of Rulemaking, Federal Aviation 553(c), DOT solicits comments from the Administration (FAA), Department of Administration, 800 Independence public to better inform its rulemaking Transportation (DOT). Avenue SW, Washington, DC 20591. process. DOT posts these comments, ACTION: Notice. This notice is published pursuant to without edit, including any personal 14 CFR 11.85. information the commenter provides, to SUMMARY: This notice contains a Issued in Washington, DC, on March 11, http://www.regulations.gov, as summary of a petition seeking relief 2020. described in the system of records from specified requirements of Federal Brandon Roberts, notice (DOT/ALL–14 FDMS), which can Aviation Regulations. The purpose of Acting Executive Director, Office of be reviewed at http://www.dot.gov/ this notice is to improve the public’s Rulemaking. privacy. awareness of, and participation in, the Docket: Background documents or FAA’s exemption process. Neither Petition for Exemption comments received may be read at publication of this notice nor the Docket No.: FAA–2019–0951.

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Petitioner: Kenneth Thomas. Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT Section(s) of 14 CFR Affected: Administration, U.S. Department of section by Friday, April 17, 2020. § 61.159(d). Transportation, 1200 New Jersey Oral comments from the public will Description of Relief Sought: If Avenue SE, Washington, DC 20590, be heard throughout the meeting at the granted, this exemption would allow the (202) 366–5221, [email protected]. Any discretion of the MRB Chairman. To petitioner to use flight time acquired as committee-related request should be accommodate as many speakers as a U.S. Armed Forces Navigator to be sent to the person listed in this section. possible, the time for each commenter equivalent to that of a U.S. Armed SUPPLEMENTARY INFORMATION: may be limited. Speakers are requested Forces Flight Engineer crew member, as to submit a written copy of their outlined in § 61.159 (d)(1)(i) of Title 14, I. Background remarks for inclusion in the meeting Code of Federal Regulations. More The MRB was created under the records and for circulation to the MRB specifically, the petitioner requests this Federal Advisory Committee Act members. All prepared remarks flight time as a navigator be logged in (FACA) in accordance with section 4116 submitted on time will be accepted and the same manner as flight engineer time of the Safe, Accountable, Flexible, considered as part of the record. Any towards meeting the aeronautical Efficient Transportation Equity Act: A member of the public may present a experience requirements of an airline Legacy for Users, SAFETEA–LU, Public written statement to the committee at transport pilot certificate. Law 109–59 (2005) (codified as any time. [FR Doc. 2020–05532 Filed 3–16–20; 8:45 am] amended at 49 U.S.C. 31149) to Issued on: March 11, 2020. establish, review, and revise ‘‘medical BILLING CODE 4910–13–P Larry W. Minor, standards for operators of commercial motor vehicles that will ensure that the Associate Administrator for Policy. DEPARTMENT OF TRANSPORTATION physical condition of operators of [FR Doc. 2020–05457 Filed 3–16–20; 8:45 am] commercial motor vehicles is adequate BILLING CODE 4910–EX–P Federal Motor Carrier Safety to enable them to operate the vehicles Administration safely.’’ The MRB operates in DEPARTMENT OF TRANSPORTATION [Docket No. FMCSA–2008–0362] accordance with FACA under the terms of the MRB charter, filed November 25, Federal Railroad Administration Medical Review Board (MRB); Notice of 2019. [Docket Number FRA–2009–0072] Partially Closed Meeting II. Agenda AGENCY: Federal Motor Carrier Safety At the meeting, the agenda will cover Petition for Waiver of Compliance Administration (FMCSA), DOT. the following topics: Under part 211 of title 49 Code of • Monday, April 27 (Closed Session): ACTION: Notice of partially closed Federal Regulations (CFR), this Review test questions used to determine meeting. document provides the public notice eligibility of healthcare professionals for that on February 25, 2020, the Tri- SUMMARY: This notice announces a inclusion in the National Registry of County Metropolitan Transportation meeting of the Medical Review Board Certified Medical Examiners (CMEs). Advisory Committee (MRB). • Tuesday, April 28 (Public Session): District of Oregon (TriMet) petitioned the Federal Railroad Administration DATES: The meeting will be held on 1. Finalize recommendations from the (FRA) to renew a waiver of compliance Monday and Tuesday, April 27–28, MRB’s June 2019 meeting on updates to from certain provisions of the Federal 2020, from 9:15 a.m. to 4:30 p.m. The the Medical Examiner’s Handbook; railroad safety regulations contained at meeting will be closed to the public on 2. Consider changes to the seizure 49 CFR part 222, Use of Locomotive Monday, April 27 and will be open to standard for CMV drivers. Horns at Public Highway-Rail Grade the public on Tuesday, April 28. For the III. Public Participation Crossings. FRA assigned the petition public meeting, no advance registration Docket Number FRA–2009–0072. is required. Requests for The first day of the meeting will be TriMet seeks to renew its waiver to accommodations for a disability must be closed to the public due to the not be required to routinely sound its received by Friday, April 17. Requests discussion of specific test questions, locomotive horn when approaching to submit written materials for which are not available for release to the three public highway-rail grade consideration during the meeting must public. Premature disclosure of secure crossings on the Lombard segment of be received no later than Monday, April test information would compromise the TriMet’s Westside Express Service 20. integrity of the examination and therefore exemption 9(B) of section (WES), and to be permitted to use a 60 ADDRESSES: The meeting will be held at 552b(c) of Title 5 of the United States dB(A) locomotive bell in lieu of the the U.S. Department of Transportation, Code justifies closing this portion of the locomotive horn at these three 1200 New Jersey Avenue SE. Copies of meeting pursuant to 41 CFR 102– crossings. Specifically, TriMet seeks a the task statement and an agenda for the 3.155(a). The second day of the meeting waiver from the provisions of 49 CFR entire meeting will be made available at will be open to the public on a first- 222.21(a) and 222.21(b)(2), which www.fmcsa.dot.gov/mrb at least one come, first served basis as space is require locomotive horns to be sounded week in advance of the meeting. Copies limited. There is no need for advance when approaching public highway-rail of the meeting minutes will be available registration. grade crossings, using the ‘‘long-long- at the website following the meeting. The U.S. Department of short-long’’ pattern that begins 15 to 20 You may visit the MRB website at Transportation is committed to seconds before the locomotive reaches www.fmcsa.dot.gov/mrb for further providing equal access to this meeting the crossing, but no further than 1⁄4 mile information on the committee and its for all participants. If you need from the crossing. activities. alternative formats or services due to a TriMet states that, at these three FOR FURTHER INFORMATION CONTACT: Ms. disability, such as sign language crossings, their use of a 60 dB(A) bell Shannon L. Watson, Senior Advisor to interpretation or other ancillary aids, provides a level of safety equivalent to the Associate Administrator for Policy, please contact the person listed in the that of the required locomotive horn.

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TriMet contends because WES trains comments, without edit, including any appropriate docket number and may be will be sounding the bell, the ‘‘long- personal information the commenter submitted by any of the following long-short-long’’ requirement of § 222.21 provides, to www.regulations.gov, as methods: would be redundant, and should not be described in the system of records • Website: http:// required at these three crossings. notice (DOT/ALL–14 FDMS), which can www.regulations.gov. Follow the online In November 2014, TriMet sought, be reviewed at https:// instructions for submitting comments. and in August 2015, FRA granted, five www.transportation.gov/privacy. See • Fax: 202–493–2251. years of regulatory relief from the also https://www.regulations.gov/ • Mail: Docket Operations Facility, requirements of § 222.21 as described privacyNotice for the privacy notice of U.S. Department of Transportation, 1200 above. The current petition seeks regulations.gov. New Jersey Ave. SE, W12–140, permanent relief from these same Issued in Washington, DC. Washington, DC 20590. • requirements. John Karl Alexy, Hand Delivery: 1200 New Jersey A copy of the petition, as well as any Associate Administrator for Railroad Safety, Ave. SE, Room W12–140, Washington, written communications concerning the Chief Safety Officer. DC 20590, between 9 a.m. and 5 p.m., petition, is available for review online at [FR Doc. 2020–05516 Filed 3–16–20; 8:45 am] Monday through Friday, except Federal www.regulations.gov and in person at Holidays. BILLING CODE 4910–06–P the U.S. Department of Transportation’s Communications received by May 1, (DOT) Docket Operations Facility, 1200 2020 will be considered by FRA before New Jersey Ave. SE, W12–140, DEPARTMENT OF TRANSPORTATION final action is taken. Comments received Washington, DC 20590. The Docket after that date will be considered if Operations Facility is open from 9 a.m. Federal Railroad Administration practicable. to 5 p.m., Monday through Friday, [Docket Number FRA–2008–0133] Anyone can search the electronic except Federal Holidays. form of any written communications Interested parties are invited to Petition for Waiver of Compliance and comments received into any of our participate in these proceedings by dockets by the name of the individual submitting written views, data, or Under part 211 of title 49 Code of submitting the comment (or signing the comments. FRA does not anticipate Federal Regulations (CFR), this document, if submitted on behalf of an scheduling a public hearing in document provides the public notice association, business, labor union, etc.). connection with these proceedings since that on February 14, 2020, Burlington Under 5 U.S.C. 553(c), DOT solicits the facts do not appear to warrant a Junction Railway (BJRY) petitioned the comments from the public to better hearing. If any interested parties desire Federal Railroad Administration (FRA) inform its processes. DOT posts these an opportunity for oral comment and a for an extension of a waiver of comments, without edit, including any public hearing, they should notify FRA, compliance from the glazing personal information the commenter in writing, before the end of the requirements in 49 CFR 223.11, provides, to www.regulations.gov, as comment period and specify the basis Requirements for existing locomotives, described in the system of records for their request. for locomotive BJRY 8711. BJRY notice (DOT/ALL–14 FDMS), which can All communications concerning these indicates that installing FRA-required be reviewed at https:// proceedings should identify the glazing remains cost-prohibitive and www.transportation.gov/privacy. See appropriate docket number and may be notes one incident from the City of also https://www.regulations.gov/ submitted by any of the following Rochelle, Illinois, with no criminal privacyNotice for the privacy notice of methods: damage to the property. FRA assigned regulations.gov. • Website: http:// the petition Docket Number FRA–2008– www.regulations.gov. Follow the online 0133. Issued in Washington, DC. instructions for submitting comments. A copy of the petition, as well as any John Karl Alexy, • Fax: 202–493–2251. written communications concerning the Associate Administrator for Railroad Safety, • Mail: Docket Operations Facility, petition, is available for review online at Chief Safety Officer. U.S. Department of Transportation, 1200 www.regulations.gov and in person at [FR Doc. 2020–05517 Filed 3–16–20; 8:45 am] New Jersey Ave. SE, W12–140, the U.S. Department of Transportation’s BILLING CODE 4910–06–P Washington, DC 20590. (DOT) Docket Operations Facility, 1200 • Hand Delivery: 1200 New Jersey New Jersey Ave. SE, W12–140, Ave. SE, Room W12–140, Washington, Washington, DC 20590. The Docket DEPARTMENT OF TRANSPORTATION DC 20590, between 9 a.m. and 5 p.m., Operations Facility is open from 9 a.m. Monday through Friday, except Federal to 5 p.m., Monday through Friday, Federal Railroad Administration Holidays. except Federal Holidays. [Docket Number FRA–2020–0023] Communications received by May 1, Interested parties are invited to 2020 will be considered by FRA before participate in these proceedings by Petition for Waiver of Compliance and final action is taken. Comments received submitting written views, data, or Special Approval after that date will be considered if comments. FRA does not anticipate practicable. scheduling a public hearing in Under part 211 of title 49 Code of Anyone can search the electronic connection with these proceedings since Federal Regulations (CFR), this form of any written communications the facts do not appear to warrant a document provides the public notice and comments received into any of our hearing. If any interested parties desire that on March 10, 2020, Railtown 1897 dockets by the name of the individual an opportunity for oral comment and a State Historical Park (Railtown) submitting the comment (or signing the public hearing, they should notify FRA, petitioned the Federal Railroad document, if submitted on behalf of an in writing, before the end of the Administration (FRA) for a special association, business, labor union, etc.). comment period and specify the basis approval and waiver of compliance from Under 5 U.S.C. 553(c), DOT solicits for their request. certain provisions of the Federal comments from the public to better All communications concerning these railroad safety regulations contained at inform its processes. DOT posts these proceedings should identify the 49 CFR part 215. FRA assigned the

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petition Docket Number FRA 2020– name of the individual submitting the Patrono de la Contribucion Federal para 0023. comment (or signing the document, if el Desempleo (FUTA). Specifically, Railtown, an historic submitted on behalf of an association, OMB Number: 1545–0028. tourist operation located in Jamestown, business, labor union, etc.). Under 5 Form Number(s): 940; 940–PR. California, seeks FRA approval per 49 U.S.C. 553(c), DOT solicits comments Abstract: Internal Revenue Code CFR 215.203(c) to allow two cars owned from the public to better inform its section 3301 imposes a tax on by the State of California (reporting processes. DOT posts these comments, employers based on the first $7,000 of marks SRR 323 and WP 17005) that are without edit, including any personal taxable wages paid to each employee. over 50 years old to be used in photo information the commenter provides, to The tax is computed and reported on and film work, and to operate on track www.regulations.gov, as described in Forms 940 and 940–PR (Puerto Rico privately owned by the Sierra Northern the system of records notice (DOT/ALL– employers only). IRS uses the Railway. Because the cars would be 14 FDMS), which can be reviewed at information on Forms 940 and 940–PR used for historic interpretation and https://www.transportation.gov/privacy. to ensure that employers have reported demonstration, Railtown also requests See also https://www.regulations.gov/ and figured the correct FUTA wages and to waive the stenciling requirements privacyNotice for the privacy notice of tax. outlined in 49 CFR 215.303. Railtown regulations.gov. Type of Review: Revision of a explains the cars will be limited to 10 currently approved collection. There Issued in Washington, DC. miles per hour and will not be used in have been no changes to the forms that interchange. John Karl Alexy, would affect burden at this time. A copy of the petition, as well as any Associate Administrator for Railroad Safety However, the agency has updated the written communications concerning the Chief Safety Officer. estimated number of respondents/ petition, is available for review online at [FR Doc. 2020–05521 Filed 3–16–20; 8:45 am] responses based on it’s most recent www.regulations.gov and in person at BILLING CODE 4910–06–P filing data. the U.S. Department of Transportation’s Affected Public: Businesses or other (DOT) Docket Operations Facility, 1200 for-profit organizations, individuals, or New Jersey Ave. SE, W12–140, DEPARTMENT OF THE TREASURY households, and farms. Washington, DC 20590. The Docket Estimated Number of Respondents: Operations Facility is open from 9 a.m. Internal Revenue Service 6,150,000. to 5 p.m., Monday through Friday, Estimated Time per Respondent: 15 Proposed Collection; Comment except Federal Holidays. hours and 24 minutes. Interested parties are invited to Request for Employer’s Annual Estimated Total Annual Burden participate in these proceedings by Federal Unemployment (FUTA) Forms Hours: 94,706,427 hours. The following paragraph applies to all submitting written views, data, or AGENCY: Internal Revenue Service (IRS), the collections of information covered comments. FRA does not anticipate Treasury. scheduling a public hearing in by this notice. ACTION: Notice and request for An agency may not conduct or connection with these proceedings since comments. the facts do not appear to warrant a sponsor, and a person is not required to hearing. If any interested parties desire SUMMARY: The Internal Revenue Service, respond to, a collection of information an opportunity for oral comment and a as part of its continuing effort to reduce unless the collection of information public hearing, they should notify FRA, paperwork and respondent burden, displays a valid OMB control number. in writing, before the end of the invites the general public and other Books or records relating to a collection comment period and specify the basis Federal agencies to take this of information must be retained if their for their request. opportunity to comment on continuing contents may become material in the All communications concerning these information collections, as required by administration of any internal revenue proceedings should identify the the Paperwork Reduction Act of 1995. law. Generally, tax returns and tax appropriate docket number and may be The IRS is soliciting comments return information are confidential, as submitted by any of the following concerning employer’s annual federal required by 26 U.S.C. 6103. Request for Comments: Comments methods: unemployment (FUTA) tax returns. • submitted in response to this notice will website: http:// DATES: Written comments should be www.regulations.gov. Follow the online be summarized and/or included in the received on or before May 18, 2020 to request for OMB approval. All instructions for submitting comments. be assured of consideration. • Fax: 202–493–2251. comments will become a matter of • Mail: Docket Operations Facility, ADDRESSES: Direct all written comments public record. Comments are invited on: U.S. Department of Transportation, 1200 to R. Joseph Durbala, Internal Revenue (a) Whether the collection of New Jersey Ave. SE, W12–140, Service, room 6529, 1111 Constitution information is necessary for the proper Washington, DC 20590. Avenue NW, Washington, DC 20224. performance of the functions of the • Hand Delivery: 1200 New Jersey FOR FURTHER INFORMATION CONTACT: agency, including whether the Ave. SE, Room W12–140, Washington, Requests for additional information or information shall have practical utility; DC 20590, between 9 a.m. and 5 p.m., copies of the form should be directed to (b) the accuracy of the agency’s estimate Monday through Friday, except Federal Kerry Dennis, at (202) 317–5751 or of the burden of the collection of Holidays. Internal Revenue Service, Room 6529, information; (c) ways to enhance the Communications received by May 1, 1111 Constitution Avenue NW, quality, utility, and clarity of the 2020 will be considered by FRA before Washington DC 20224, or through the information to be collected; (d) ways to final action is taken. Comments received internet, at [email protected]. minimize the burden of the collection of after that date will be considered if SUPPLEMENTARY INFORMATION: information on respondents, including practicable. Anyone can search the Title: Form 940, Employer’s Annual through the use of automated collection electronic form of any written Federal Unemployment (FUTA) Tax techniques or other forms of information communications and comments Return, and Form 940–PR, Planilla para technology; and (e) estimates of capital received into any of our dockets by the la Declaracion Federal Anual del or start-up costs and costs of operation,

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maintenance, and purchase of services determine whether a taxpayer has DEPARTMENT OF THE TREASURY to provide information. properly characterized gain on the Internal Revenue Service Approved: March 10, 2020. disposition of section 1254 property. R. Joseph Durbala, Current Actions: There are no changes Proposed Reinstatement of IRS Tax Analyst. being made to the regulations at this Information Collection Request [FR Doc. 2020–05472 Filed 3–16–20; 8:45 am] time. Submitted for Public Comment; BILLING CODE 4830–01–P Type of Review: Extension of a Comment Request Relating to the currently approved collection. Research Applied Analytics & Statistics (RAAS) Comprehensive Affected Public: Individuals and DEPARTMENT OF THE TREASURY Taxpayer Attitude Survey business, or other for-profit Internal Revenue Service organizations. AGENCY: Internal Revenue Service (IRS), Estimated Number of Respondents: Treasury. Proposed Collection; Comment 400. ACTION: Notice and request for Request Concerning Treatment of Gain comments. From Disposition of Certain Natural Estimated Time per Respondent: 5 Resource Recapture Property hours. SUMMARY: The Internal Revenue Service, Estimated Total Annual Burden as part of its continuing effort to reduce AGENCY: Internal Revenue Service (IRS), Hours: 2,000 hours. paperwork and respondent burden, Treasury. invites the public and other Federal ACTION: Notice and request for The following paragraph applies to all agencies to take this opportunity to comments. the collections of information covered comment on proposed and/or by this notice. continuing information collections, as SUMMARY: The Internal Revenue Service, An agency may not conduct or required by the Paperwork Reduction as part of its continuing effort to reduce sponsor, and a person is not required to Act of 1995. Currently, the IRS is paperwork and respondent burden, respond to, a collection of information soliciting comments concerning the invites the general public and other requirements relating to the information Federal agencies to take this unless the collection of information displays a valid OMB control number. collection, 2020 Research Applied opportunity to comment on continuing Analytics & Statistics (RAAS) information collections, as required by Books or records relating to a collection of information must be retained if their Comprehensive Taxpayer Attitude the Paperwork Reduction Act of 1995. Survey. The IRS is soliciting comments contents may become material in the concerning treatment of gain from administration of any internal revenue DATES: Written comments should be disposition of certain natural resource law. Generally, tax returns and tax received on or before May 18, 2020 to recapture property. return information are confidential, as be assured of consideration. DATES: Written comments should be required by 26 U.S.C. 6103. ADDRESSES: Direct all written comments received on or before May 18, 2020 to REQUEST FOR COMMENTS: to R. Joseph Durbala, Internal Revenue be assured of consideration. Comments submitted in response to this Service, Room 6529, 1111 Constitution Avenue NW, Washington, DC 20224. ADDRESSES: Direct all written comments notice will be summarized and/or Requests for additional information or to R. Joseph Durbala, Internal Revenue included in the request for OMB copies of the regulations should be Service, room 6529, 1111 Constitution approval. All comments will become a directed to Rachel Martinen, at Internal Avenue NW, Washington, DC 20224. matter of public record. Comments are Revenue Service, Room 6129, 1111 FOR FURTHER INFORMATION CONTACT: invited on: (a) Whether the collection of Constitution Avenue NW, Washington Requests for additional information or information is necessary for the proper DC 20224, or through the internet, at copies of the form should be directed to performance of the functions of the [email protected]. Kerry Dennis, at (202) 317–5751 or agency, including whether the SUPPLEMENTARY INFORMATION: Internal Revenue Service, Room 6529, information shall have practical utility; Title: Research Applied Analytics & 1111 Constitution Avenue NW, (b) the accuracy of the agency’s estimate Statistics (RAAS) Comprehensive Washington DC 20224, or through the of the burden of the collection of Taxpayer Attitude Survey internet, at [email protected]. information; (c) ways to enhance the OMB Number: 1545–2288. SUPPLEMENTARY INFORMATION: quality, utility, and clarity of the Document Number(s): None. Title: Treatment of Gain from information to be collected; (d) ways to Abstract: The Internal Revenue Disposition of Certain Natural Resource minimize the burden of the collection of Service (IRS) conducts the Recapture Property. information on respondents, including Comprehensive Taxpayer Attitude OMB Number: 1545–1352. through the use of automated collection Survey as part of the Service-wide effort Regulation Project Number: TD 8586. techniques or other forms of information to maintain a system of balanced Abstract: This regulation prescribes technology; and (e) estimates of capital organizational performance measures rules for determining the tax treatment or start-up costs and costs of operation, mandated by the IRS Restructuring and of gain from the disposition of natural maintenance, and purchase of services Reform Act (RRA) of 1998. This is also resource recapture property in a result of Executive Order 12862 that to provide information. accordance with Internal Revenue Code requires all government agencies to section 1254. Gain is treated as ordinary Approved: March 11, 2020. survey their customers. income in an amount equal to the R. Joseph Durbala, The IRS’ office of Research Applied intangible drilling and development IRS Tax Analyst. Analytics & Statistics (RAAS) is costs and depletion deductions taken [FR Doc. 2020–05473 Filed 3–16–20; 8:45 am] sponsoring this annual survey (formerly with respect to the property. The conducted by the IRS Oversight Board) information that taxpayers are required BILLING CODE 4830–01–P with the objective of better to retain will be used by the IRS to understanding what influences

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taxpayers’ tax compliance, their Approved: March 11, 2020. Management and support services for opinions of the IRS, and their customer R. Joseph Durbala, the Committee are provided by the service preferences, as well as how IRS Tax Analyst. Center for Minority Veterans (CMV). these taxpayer views change over time. [FR Doc. 2020–05474 Filed 3–16–20; 8:45 am] Authority: The Committee was established Current Actions: To request a BILLING CODE 4830–01–P in accordance with 38 U.S.C. 544 (Pub. L. reinstatement of OMB approval. 103–446, Sec 510). In accordance with 38 Type of Review: Reinstatement of a U.S.C. 544, the Committee advises the previously approved information Secretary on the administration of VA benefits and services to minority Veterans; collection. DEPARTMENT OF VETERANS AFFAIRS assesses the needs of minority Veterans with Affected Public: Individuals or respect to such benefits; and evaluates households. Solicitation of Nominations for whether VA compensation, medical and Estimated Number of Respondents: Appointment to the Advisory rehabilitation services, outreach, and other 39,273. programs are meeting those needs. The Committee on Minority Veterans Committee makes recommendations to the Estimated Time per Respondent: .05 Secretary regarding such activities. min. (screened), 23 min. (participants) ACTION: Notice. Nominations of qualified candidates are Estimated Total Annual Burden being sought to fill upcoming vacancies on SUMMARY: The Department of Veterans Hours: 1,111. the Committee. Affairs (VA), Center for Minority The following paragraph applies to all Veterans (CMV), is seeking nominations Membership Criteria: CMV is the collections of information covered of qualified candidates to be considered requesting nominations for upcoming by this notice: for appointment as a member of the vacancies on the Committee. The An agency may not conduct or Advisory Committee on Minority Committee is currently composed of 12 sponsor, and a person is not required to Veterans (‘‘the Committee’’). members, in addition to ex-officio respond to, a collection of information DATES: Nominations for membership on members. As required by statute, the unless the collection of information the Committee must be received no later members of the Committee are displays a valid OMB control number. than 5:00 p.m. EST on July 15, 2020. appointed by the Secretary from the Books or records relating to a general public, including: ADDRESSES: All nominations should be (1) Representatives of Veterans who collection of information must be mailed to the Center for Minority retained if their contents may become are minority group members; Veterans, Department of Veterans (2) Individuals who are recognized material in the administration of any Affairs, 810 Vermont Ave. NW (00M), internal revenue law. Generally, tax authorities in fields pertinent to the Washington, DC 20420 or faxed to (202) needs of Veterans who are minority returns and tax return information are 273–7092. confidential, as required by 26 U.S.C. group members; 6103. FOR FURTHER INFORMATION CONTACT: Mr. (3) Veterans who are minority group Ronald Sagudan and Mr. Dwayne Desired Focus of Comments: The members and who have experience in a Campbell, Center for Minority Veterans, Internal Revenue Service (IRS) is military theater of operations; Department of Veterans Affairs, 810 particularly interested in comments (4) Veterans who are minority group Vermont Ave. NW (00M), Washington, that: members and who do not have such DC 20420, Telephone (202) 461–6191. A • Evaluate whether the proposed experience and; copy of the Committee charter, (5) Women Veterans who are minority collection of information is necessary application and list of the current for the proper performance of the group members recently separated from membership can be obtained by active military service. functions of the agency, including contacting Mr. Sagudan or Mr. Campbell whether the information will have Section 544 defines ‘‘minority group or by accessing the website managed by member’’ as an individual who is Asian practical utility; CMV at https://www.va.gov/centerfor • American, Black, Hispanic, Native Evaluate the accuracy of the minorityveterans/acmv/index.asp. American (including American Indian, agency’s estimate of the burden of the SUPPLEMENTARY INFORMATION: In Alaska Native, and Native Hawaiian); or proposed collection of information, carrying out the duties set forth, the Pacific-Islander American. including the validity of the Committee responsibilities include, but In accordance with § 544, the methodology and assumptions used; are not limited to: Secretary determines the number, terms • Enhance the quality, utility, and (1) Advising the Secretary and of service, and pay and allowances of clarity of the information to be Congress on VA’s administration of members of the Committee appointed by collected; and benefits and provisions of healthcare, the Secretary, except that a term of • Minimize the burden of the benefits, and services to minority service of any such member may not collection of information on those who Veterans. exceed three years. The Secretary may are to respond, including using (2) Providing a biennial report to reappoint any member for additional appropriate automated, electronic, congress outlining recommendations, terms of service. mechanical, or other technological concerns and observations on VA’s Professional Qualifications: In collection techniques or other forms of delivery of services to minority addition to the criteria above, VA seeks information technology, e.g., by Veterans. – permitting electronic submissions of (3) Meeting with VA officials, Veteran (1) Diversity in professional and responses. Service Organizations, and other personal qualifications; Comments submitted in response to stakeholders to assess the Department’s (2) Experience in military service and this notice will be summarized and/or efforts in providing benefits and military deployments (please identify included in the ICR for OMB approval outreach to minorityVeterans. Branch of Service and Rank); of the extension of the information (4) Making periodic site visits and (3) Current work with Veterans; collection; they will also become a holding town hall meetings with (4) Committee subject matter matter of public record. Veterans to address their concerns. expertise;

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(5) Experience working in large and the professional qualifications criteria Appointment to this Committee shall be complex organizations; listed above. made without discrimination because of Requirements for Nomination Individuals selected for appointment a person’s race, color, religion, sex Submission: Nominations should be to the Committee shall be invited to (including gender identity, transgender type written (one nomination per serve a two-year term. Committee status, sexual orientation, and nominator). Nomination package should members will receive a stipend for pregnancy), national origin, age, include: (1) A letter of nomination that attending Committee meetings, disability, or genetic information. clearly states the name and affiliation of including per diem and reimbursement Nominations must state that the the nominee, the basis for the for travel expenses incurred. nominee is willing to serve as a member nomination (i.e. specific attributes The Department makes every effort to of the Committee and appears to have which qualify the nominee for service in ensure that the membership of its no conflict of interest that would this capacity), and a statement from the Federal advisory committees is fairly preclude membership. An ethics review nominee indicating a willingness to balanced in terms of points of view is conducted for each selected nominee. serve as a member of the Committee; (2) represented and the committee’s Dated: March 11, 2020. the nominee’s contact information, function. Every effort is made to ensure including name, mailing address, that a broad representation of Jelessa M. Burney, telephone numbers, and email address; geographic areas, males & females, racial Federal Advisory Committee Management (3) the nominee’s curriculum vitae, and and ethnic minority groups, and Officer. (4) a summary of the nominee’s Veterans with disabilities are given [FR Doc. 2020–05369 Filed 3–16–20; 8:45 am] experience and qualification relative to consideration for membership. BILLING CODE P

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Part II

Environmental Protection Agency

40 CFR Part 82 Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC Production and Import, 2020–2029; and Other Updates; Final Rule

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ENVIRONMENTAL PROTECTION ‘‘destruction’’ as used in the context of Clean Air Act (CAA). See CAA section AGENCY the production and consumption 307(d)(1)(I). Section 307(d)(1) of the phaseout and removing obsolete CAA states that: ‘‘The provisions of 40 CFR Part 82 provisions. section 553 through 557 . . . of Title 5 shall not, except as expressly provided [EPA–HQ–OAR–2016–0271; FRL–10003–80– DATES: OAR] Effective Dates: Amendatory in this section, apply to actions to instructions 9 and 11 are effective on which this subsection applies.’’ Thus, RIN 2060–AU26 March 17, 2020. Amendatory section 553(d) of the APA does not apply to this rule. The EPA is Protection of Stratospheric Ozone: instructions 2 through 8, 10 and 12 through 20 are effective April 16, 2020. nevertheless acting consistently with Adjustments to the Allowance System Operational Dates: For operational the policies underlying APA section for Controlling HCFC Production and purposes under the Clean Air Act, the 553(d) in making a portion of the Import, 2020–2029; and Other Updates amendments to 40 CFR 82.15(g)(5) revisions finalized in this rule effective AGENCY: Environmental Protection through (7) and 82.16 are effective as of immediately, while the remainder of the Agency (EPA). December 19, 2019 and the amendments rule will be effective 30 days after to 40 CFR 82.3, 82.4, 82.9, 82.10, 82.12, publication. APA section 553(d) allows ACTION: Final rule. 82.13, 82.14, 82.15(b), 82.15(g)(8), 82.23, an effective date less than 30 days after SUMMARY: The U.S. Environmental 82.24, appendix K to subpart A of part publication for any rule that ‘‘grants or Protection Agency is allocating 82, 82.62, 82.64, 82.66, 82.104, 82.106, recognizes an exemption or relieves a production and consumption and 82.270 are effective as of April 16, restriction’’ (see 5 U.S.C. 553(d)(1)). The allowances for specific 2020. purpose of the general rule in Section hydrochlorofluorocarbons, a type of ADDRESSES: The EPA has established a 553(d) of the CAA that 30 days must be ozone-depleting substance, for the years docket for this action under Docket ID provided between publication and the 2020 through 2029. These No. EPA–HQ–OAR–2016–0271. All effective date is to ‘‘give affected parties hydrochlorofluorocarbons may be used documents in the docket are listed on a reasonable time to adjust their behavior before the final rule takes to service certain equipment the www.regulations.gov website. effect.’’ Omnipoint Corp. v. Fed. manufactured before 2020. The EPA is Although listed in the index, some Commc’n Comm’n, 78 F.3d 620, 630 also updating other requirements under information is not publicly available, (D.C. Cir. 1996); see also United States the program for controlling production e.g., confidential business information v. Gavrilovic, 551 F.2d 1099, 1104 (8th and consumption of ozone-depleting or other information whose disclosure is Cir. 1977) (quoting legislative history). substances, as well as making edits to restricted by statute. Certain other However, when the Agency grants or the regulatory text for improved material, such as copyrighted material, recognizes an exemption or relieves a readability and clarity. These updates is not placed on the internet and will be restriction, affected parties do not need include revising the labeling publicly available only in hard copy a reasonable time to adjust because the requirements for containers of specific form. All other publicly available docket materials are available electronically effect is not adverse. hydrochlorofluorocarbons; prohibiting The EPA has determined that portions through www.regulations.gov. the transfer of hydrochlorofluorocarbon of this rule that are effective fewer than allowances allocated through this FOR FURTHER INFORMATION CONTACT: 30 days from publication in the Federal rulemaking into allowances for Katherine Sleasman, Stratospheric Register relieve a restriction because hydrochlorofluorocarbons that have Protection Division, Office of those revisions allocate allowances for already been phased out; requiring the Atmospheric Programs, Mail Code the production and consumption of use of an electronic reporting system for 6205T, 1200 Pennsylvania Avenue NW, HCFC–123 and HCFC–124 for the years producers, importers, exporters, Washington, DC 20460; telephone 2020 through 2029, giving affected transformers, and destroyers of number (202) 564–7716; email address entities greater flexibility to produce controlled ozone-depleting substances; [email protected]. You may and consume these HCFCs, and, because revising and removing recordkeeping also visit the Ozone Protection website the allowances being allocated include and reporting requirements; improving of the EPA’s Stratospheric Protection allowances for calendar year 2020, the process for petitioning to import Division at https://www.epa.gov/ods- ensure the allowances will be available used ozone-depleting substances for phaseout for further information about to producers and consumers of these reuse, including by creating more reporting and recordkeeping, other HCFCs to allow for continued flexibility for imports of used halon Stratospheric Ozone Protection production and import of these HCFCs from certain halon banks and exempting regulations, the science of ozone layer in 2020. imports of aircraft bottles containing depletion, and related topics. The EPA has also determined that halon 1211 for hydrostatic testing from SUPPLEMENTARY INFORMATION: certain other portions of this rule that the petition process; creating a Effective Dates. Portions of this rule are effective fewer than 30 days from certification process for importing both are effective less than 30 days from publication in the Federal Register used and virgin ozone-depleting publication in the Federal Register. grant or recognize an exemption or substances for destruction; and Section 553(d) of the Administrative relieve a restriction because these restricting the sale of known illegally Procedure Act (APA), 5 U.S.C. chapter revisions would allow for the import imported substances. This rule includes 5, generally provides that rules may not and use of HCFC–123 for servicing fire clarifications to the certification take effect earlier than 30 days after they suppression equipment manufactured requirements for methyl bromide are published in the Federal Register. before January 1, 2020, as well as allow quarantine and preshipment uses. The This rule constitutes ‘‘the promulgation the use of HCFC–123 as a refrigerant in EPA is also adding polyurethane foam or revision of regulations under equipment manufactured on or after systems containing ozone-depleting subchapter VI of [the CAA] (relating to January 1, 2020 but before January 1, chlorofluorocarbons to the list of stratosphere and ozone protection)’’ and 2021 under certain conditions. These nonessential products. Lastly, the as such it is covered by the rulemaking revisions also remove an obsolete Agency is updating the definition of procedures in section 307(d) of the requirement and thus relieve the

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restrictions associated with that II. Background • Air-Conditioning and Warm Air Heating requirement. III. Final Rule and Response to Comments Equipment and Commercial and Industrial Accordingly, it is in keeping with the A. Allocation of HCFC Allowances for the Refrigeration Equipment Manufacturing Years 2020 Through 2029 (NAICS 333415) policy underlying the APA for the • regulatory amendments to 40 CFR B. Allocation of HCFC–123 Consumption Air-Conditioning Equipment and Supplies Allowances Merchant Wholesalers (NAICS 423620) 82.15(g)(5) through (7) and 82.16 to take C. De minimis Exemption for the Use of • Basic Chemical Manufacturing (NAICS effect immediately. Finally, this CAA HCFC–123 in Chillers 3251) section 307(d) rule is promulgated upon D. Addition of Fire Suppression Servicing • Chlorofluorocarbon Gas Manufacturing signature and widespread Uses to the HCFC Phaseout Schedule and Import (NAICS 325120) dissemination. For operational purposes E. Revisions to Labeling Requirements • Farm Product Warehousing and Storage under the CAA, the EPA is making the F. Allocation of HCFC–124 Production and (NAICS 493130) • amendments to 40 CFR 82.15(g)(5) Consumption Allowances Farm Supplies and Merchant Wholesalers through (7) and 82.16 and the G. Changes To Transfer of Allowance (NAICS 424910) Provisions in 40 CFR 82.23 • Flour Milling (NAICS 311211) corresponding portions of the preamble H. Changes To Import Requirements • Fire Extinguisher Chemical Preparations effective as of December 19, 2019 which I. Electronic Reporting and Updates to Manufacturing (NAICS 325998) is the date of signature. Other Provisions of the Production and • Fruit and Nut Tree Farming (NAICS 1113) Acronyms and Abbreviations. The Consumption Control Program • General Warehousing and Storage (NAICS following acronyms and abbreviations J. Addition of Polyurethane Foam Systems 493130) are used in this document. Containing CFCs to the Nonessential • Greenhouse, Nursery, and Floriculture Products Ban Production (NAICS 1114) ACE/ITDS—Automated Commercial K. Updates to 40 CFR 82.3, 82.104, and • Hazardous Waste Treatment and Disposal, Environment/International Trade Data 82.270 Related to Destruction Cement Manufacturing, Clinker (NAICS System L. Removal of Obsolete Provisions in 40 327310) ARFF—Aircraft Rescue and Fire Fighting CFR 82.3, 82.4, 82.9, 82.10, 82.12, 82.13, • Hazardous Waste Treatment and Disposal, CAA—Clean Air Act 82.16, and 82.24 Incinerator, Hazardous Waste (NAICS CBP—Customs and Border Protection M. Other Comments Not Related to the 562211) CDC—Centers for Disease Control and Proposal • Industrial Gas Manufacturing (NAICS Prevention 325120) CDX—Central Data Exchange IV. Economic Analysis • Materials Recovery Facilities (NAICS CFC—Chlorofluorocarbon V. Statutory and Executive Order Reviews 562920) CFR—Code of Federal Regulations A. Executive Order 12866: Regulatory • Other Aircraft Parts and Auxiliary CROMERR—Cross-Media Electronic Planning and Review and Executive Equipment Manufacturing (NAICS 336413) Reporting Regulation Order 13563: Improving Regulation and • Other Chemical and Allied Production DOT—Department of Transportation Regulatory Review Merchant Wholesalers (NAICS 424690) EIA—Environmental Investigation Agency B. Executive Order 13771: Reducing Regulations and Controlling Regulatory • Other Crop Farming (NAICS 1119) EPA—Environmental Protection Agency • FAA—Federal Aviation Administration Costs Pesticide and Other Agricultural Chemical C. Paperwork Reduction Act (PRA) Manufacturing (NAICS 325320) FR—Federal Register • GPEA—Government Paperwork Elimination D. Regulatory Flexibility Act (RFA) Plumbing, Heating, and Air-Conditioning E. Unfunded Mandates Reform Act Contractors (NAICS 238220) Act • HARC—Halon Alternatives Research (UMRA) Portable Fire Extinguishers Manufacturing F. Executive Order 13132: Federalism (NAICS 339999) Corporation • HCFC—Hydrochlorofluorocarbon G. Executive Order 13175: Consultation Postharvest Crop Activities (except Cotton and Coordination With Indian Tribal Ginning) (NAICS 115114) HRC—Halon Recycling Corporation • HTSA—Harmonized Tariff Schedule of the Governments Research and Development in Physical, United States Annotated H. Executive Order 13045: Protection of Engineering, and Life Sciences (NAICS Children From Environmental Health 541710) Montreal Protocol—Montreal Protocol on • and Safety Risks Rice Milling (NAICS 311212) Substances that Deplete the Ozone Layer • MOP—Meeting of the Parties I. Executive Order 13211: Actions That Soil Preparation, Planting, and Cultivating (NAICS 115112) MT—Metric Ton Significantly Affect Energy Supply, • NFPA—National Fire Protection Association Distribution, or Use Vegetable and Melon Farming (NAICS ODP—Ozone Depletion Potential J. National Technology Transfer and 1112) ODS—Ozone-Depleting Substance Advancement Act (NTTAA) This list is not intended to be Parties to the Montreal Protocol, or Party— K. Executive Order 12898: Federal Actions exhaustive, but rather provides a guide Nations and regional economic integration To Address Environmental Justice in for readers regarding entities likely to be organizations that have consented to be Minority Populations and Low-Income affected by this action. Other types of bound by the Montreal Protocol on Populations Substances that Deplete the Ozone Layer L. Congressional Review Act entities not listed in this section could QPS—Quarantine and Preshipment also be affected. If you have any RACA—Request for Additional Consumption I. General Information questions regarding the applicability of Allowances A. Does this action apply to me? this action to a particular entity, consult SNAP—Significant New Alternatives Policy the person listed under FOR FURTHER TEAP—Technology and Economic You may be potentially affected by INFORMATION CONTACT. Assessment Panel this final action if you manufacture, UNEP—United Nations Environment process, import, or distribute into B. What action is the Agency finalizing? Programme commerce certain ozone-depleting The EPA is finalizing a number of Table of Contents substances (ODS) and mixtures. The revisions to the production and North American Industrial consumption control program for ODS 1 I. General Information Classification System (NAICS) codes A. Does this action apply to me? have been provided to assist you and 1 Generally speaking, when the EPA refers to ODS B. What action is the Agency finalizing? others in determining whether this in this preamble, it is referring to class I and/or C. What is the Agency’s authority for this class II controlled substances. The terms action? action might apply to certain entities. ‘‘controlled substance’’ and ‘‘ODS’’ are used D. What are the incremental costs and Potentially affected entities may include interchangeably, as are the terms ‘‘HCFC’’ and benefits of this action? but are not limited to: Continued

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in 40 CFR part 82, subpart A, which are 2019), the allocations of annual servicing certain equipment divided into ‘‘class I’’ and ‘‘class II’’ allowances for hydrochlorofluorocarbon manufactured before January 1, 2020. substances. The EPA is finalizing, as (HCFC)–123 and HCFC–124 for the proposed (see 84 FR 41510, August 14, years 2020 through 2029 to be used for TABLE 1—FINAL HCFC–123 AND HCFC–124 ALLOWANCE ALLOCATION, 2020 THROUGH 2030 [MT]

2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030

HCFC–123 .... Consumption ...... 650 650 650 570 490 410 330 250 170 90 0 Production ...... 0 0 0 0 0 0 0 0 0 0 0 HCFC–124 .... Consumption ...... 200 200 200 175 150 125 100 75 50 25 0 Production ...... 200 200 200 175 150 125 100 75 50 25 0

For HCFC–123 and HCFC–124 information when the EPA needs from the import petition process to allowances, the EPA identified a total additional verification to make a make it easier for companies to service number of allowances to be allocated determination whether the material has fire suppression equipment, which and then determined calendar-year been previously used in considering promotes proper maintenance of these allowances equal to a percentage of each petitions to import used ODS for reuse. bottles and prevents the emission of company’s baseline.2 Other changes remove data elements halon 1211. that are no longer necessary. Of The EPA is revising subpart A, as The Agency is prohibiting the sale or proposed, to add servicing of existing particular note, the Agency is: (1) Reducing the information requirements offer for sale or distribution of any ODS ‘‘fire suppression equipment’’ to the that the seller knows, or has reason to authorized uses of newly produced or when importing halon from a ‘‘halon know, has been imported into the imported (i.e., virgin) quantities of bank’’ so long as the EPA receives an United States without consumption HCFC–123 and HCFC–124 during the official letter from the appropriate years 2020 through 2029. To facilitate government agency in the country allowances or is otherwise not subject to compliance, the EPA is finalizing, with where the material is stored that an exemption. minor modifications from the proposal, indicates that the halon is used and that The EPA is also finalizing as proposed the labeling requirements for containers the halon bank is authorized to collect other updates to the production and of fire suppression agent containing used halon; (2) allowing submission of consumption control program, HCFC–123 in subpart E. To align with an application for an export license or including requiring the use of an existing regulations 3 that prohibit the an official government communication electronic reporting system for production and import of phased-out from the appropriate government agency producers, importers, exporters, HCFCs, in particular HCFC–22, the in the country of export in lieu of the transformers, and destroyers of ODS in Agency is finalizing its proposal to license itself; (3) clarifying that the 40 CFR 82.3, 82.13, 82.14, 82.23, and modify the inter-pollutant allowance Agency will request additional 82.24 and clarifying the certification transfer provisions authorized by information when additional requirements for methyl bromide verification is needed before issuing a section 607 of the CAA to prohibit quarantine and Preshipment (QPS) uses non-objection notice, and (4) providing transfers into ODS that are already in 40 CFR 82.4 and 82.13. The EPA is flexibility for the timing of import. phased out. The Agency is also also finalizing the addition of finalizing as proposed the de minimis The Agency is also finalizing changes, polyurethane foam systems containing exemption from the use prohibition in with limited modification from the chlorofluorocarbons (CFCs) to the list of section 605(a) of the CAA to allow proposal, to establish a new certification nonessential products. This rule also virgin HCFC–123 to be used for the process for the import of ODS (used and manufacture, through December 31, virgin) for destruction in the United updates provisions in 40 CFR 82.3, 2020, of chillers that meet specific States. This new process requires 82.104, and 82.270 related to criteria. importers of ODS to provide less destruction technologies and the definition of ‘‘destruction’’ as used in For changes to the import of ODS, the information on the source of the EPA is finalizing changes to the process material than when petitioning to the context of the production and for petitions to import used ODS for import for reuse, but requires more consumption phaseout. Lastly, the EPA reuse that will meet the Agency’s goals information on the chain of custody and is removing outdated and obsolete of reducing the burden on importers submission of verification that the provisions related to the allocation and while ensuring the Agency has adequate imported material is destroyed after transfer of class I ODS credits and information to verify that the material destruction has occurred. allowances, and the associated being imported is used, as well as The EPA is exempting imports of recordkeeping and reporting making other modifications to this aircraft bottles containing halon 1211, a requirements, that are no longer in use process as proposed. Such changes potent ODS used as a fire suppression in subpart A. require collection of additional streaming agent, for hydrostatic testing

‘‘class II substance.’’ Section 602 of the CAA bromide. The list of class II substances consists divided by the aggregate amount of baseline contains initial lists of class I and class II entirely of HCFCs. consumption allowances. The same process is substances and addresses additions to those lists. 2 The percentage of baseline allowances to be followed to determine the percentage for The current lists appear in appendices A and B in allocated for each HCFC is determined as follows: production allowances using the company-specific subpart A. The EPA did not propose, nor is it All the company-specific consumption baselines baselines listed in the table at 40 CFR 82.17. finalizing, any changes to these lists in this (listed in the table at 40 CFR 82.19) are added to 3 rulemaking. The list of class I substances includes determine the aggregate amount of consumption The EPA is using the term ‘‘existing regulations’’ chlorofluorocarbons (CFCs), halons, carbon baseline. The total number of consumption to describe those regulations that were in place tetrachloride, methyl chloroform, and methyl allowances to be allocated in a given year are then prior to this final rule.

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C. What is the Agency’s authority for practicable as a substitute for paper; and stepwise reduction schedule, this action? (2) for the use and acceptance of subsequently revised, and the eventual 7 Several sections of the CAA 4 provide electronic signatures, when phaseout of HCFC consumption. The authority for the actions finalized by the practicable.’’ next milestone is a commitment to Additional information on the EPA’s EPA in this rulemaking. Section 603 reduce HCFC consumption by 99.5 authority to establish and manage an provides authority to establish percent below the baseline by January 1, allocation system for the phaseout of 2020, with consumption for the years monitoring and reporting requirements class I and class II substances is 2020 through 2029 restricted to the for ODS. Sections 604 and 605 provide provided in prior EPA actions (see 58 servicing of refrigeration, air- authority to phase out production and FR 65018, December 10, 1993 and 68 FR conditioning, and fire suppression consumption of class I and class II 2820, January 21, 2003). equipment existing on January 1, 2020.8 substances, respectively, and to restrict This is referred to as the ‘‘servicing the use of class II ODS. Section 606 D. What are the incremental costs and tail.’’ In November 2018, the Parties to provides the EPA authority to establish benefits of this action? the Montreal Protocol agreed to add fire a more stringent phaseout schedule 5 The EPA considered the incremental suppression equipment existing on than that set out in sections 604 and 605 costs and benefits associated with this January 1, 2020 to the list of permissible based on (1) current scientific rulemaking, which primarily stem from servicing tail uses. information that a more stringent changes to reporting and recordkeeping The United States has chosen to schedule may be necessary to protect requirements. This action requires implement the Montreal Protocol human health and the environment, (2) electronic submissions through the phaseout schedule of HCFCs on a the availability of substitutes, or (3) to Agency’s Central Data Exchange (CDX), chemical-by-chemical basis that conform to any acceleration under the creates a streamlined Certification of employs a ‘‘worst-first’’ approach Montreal Protocol on Substances that Intent to Import ODS for Destruction, focusing on the earlier phaseout of Deplete the Ozone Layer (Montreal exempts halon 1211 in aircraft bottles certain chemicals with higher ozone Protocol). Section 607 provides the EPA from the import petitions process, and depletion potential (ODP). In 1993, the with authority to issue production and adds a recordkeeping requirement for EPA established a phaseout schedule to consumption allowances and to certain distributors of methyl bromide eliminate HCFC–141b first, to greatly authorize allowance transfers, including for QPS applications. The EPA estimates restrict HCFC–142b and HCFC–22 next, inter-pollutant and inter-company the overall annual cost savings to and to subsequently place restrictions transfers. Section 610 directs the EPA to reporters as a result of reductions in on all other HCFCs ultimately leading to issue regulations that identify reporting elements, streamlining forms, a complete phaseout of all HCFCs by nonessential products that release class and added efficiencies to be 2030 (see 58 FR 15014, March 18, 1993 I substances into the environment approximately $13,000 per year. The and 58 FR 65018, December 10, 1993). (including any release during EPA also estimates a one-time cost of The EPA designed the allowance manufacture, use, storage, or disposal) approximately $4,000 to redesign labels program to implement the production and prohibit any person from selling or on containers of fire suppression agents. and consumption controls of the CAA distributing any such product, or In addition, the EPA performed a and to facilitate an orderly phaseout. To offering any such products for sale or screening analysis of the impact on control production, the EPA allocated distribution, in interstate commerce. small businesses and found that there production allowances to producers of Section 611 requires the EPA to will be no additional costs imposed on specific ODS. To control consumption,9 establish and implement labeling them. See the docket for the screening the EPA allocated consumption requirements for containers of, and analysis on small business. A more allowances to producers and importers products containing or manufactured detailed discussion is included in of specific ODS. In the allowance with, class I or class II ODS. Section IV. program, the EPA allocates ‘‘calendar- The EPA’s authority for this year’’ or ‘‘annual’’ allowances to rulemaking is supplemented by section II. Background companies who expend them when they 114, which authorizes the EPA The United States was one of the produce or import ODS. The allowances Administrator to require recordkeeping original signatories to the Montreal can be traded among companies both and reporting in carrying out any Protocol and ratified it on April 12, domestically and internationally provision of the CAA (with certain 1988. After ratification, Congress (between countries that are Parties to exceptions that do not apply here). enacted, and President George H.W. the Protocol), with certain restrictions. Section 301 further provides authority Bush signed into law, the CAA Allocation of production and for the EPA to ‘‘prescribe such Amendments of 1990, which included consumption allowances for most class regulations as are necessary to carry out Title VI on Stratospheric Ozone [the EPA Administrator’s] functions’’ Protection, codified as 42 U.S.C. treaties/montreal-protocol/amendments/ under the CAA. Additional authority for copenhagen-amendment-1992-amendment- Chapter 85, Subchapter VI, to ensure montreal-protocol-agreed. electronic reporting comes from the that the United States could satisfy its 7 Consumption is defined in 40 CFR 82.3 as Government Paperwork Elimination Act obligations under the Montreal Protocol, production plus imports minus exports of a (GPEA) (44 U.S.C. 3504), which in addition to establishing controlled substance (other than transshipments or provides: ‘‘(1) for the option of the complementary measures such as the used controlled substances). Production is defined in 40 CFR 82.3 as the manufacture of a controlled electronic maintenance, submission, or national recycling and emission substance from any raw material or feedstock disclosure of information, when reduction programs under section 608 chemical, but does not include: (1) The and the labeling requirements under manufacture of a controlled substance that is 4 The Clean Air Act provisions addressing section 611, among others. subsequently transformed; (2) the reuse or recycling stratospheric ozone protection are codified at 42 6 of a controlled substance; (3) amounts that are U.S.C. 7671–7671q. The 1992 Copenhagen Amendment destroyed by the approved technologies; or (4) 5 The following documents are available in the to the Montreal Protocol created the amounts that are spilled or vented unintentionally. docket: ‘‘EPA. 1999. The Benefits and Costs of the 8 See Montreal Protocol Article 2F, paragraph 6. Clean Air Act: 1990 to 2010,’’ and ‘‘EPA. 2018. 6 Further information on the Copenhagen 9 See CAA section 601(6), 42 U.S.C. 7671(6); 40 Overview of CFC and HCFC Phaseout.’’ Amendment is available at https://ozone.unep.org/ CFR 82.3.

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I substances (CFCs, methyl chloroform, refrigerant in appliances manufactured HCFC–142b, HCFC–123, and HCFC–124 carbon tetrachloride, and halons) ended prior to January 1, 2020, or are listed as for 2015–2019 (see 79 FR 64254, by 1996, and in 2005 for methyl acceptable for use as a fire suppression October 28, 2014). In that action, the bromide. Production and consumption agent for nonresidential applications in EPA further implemented the provisions allowances for class II substances accordance with section 612 of the in section 605(a) of the CAA that limit (HCFCs) will be reduced to zero in CAA. In addition, prior to November production and consumption to 2030.10 2018, Article 2F of the Montreal servicing refrigeration and air- Since the EPA is implementing the Protocol provided that the only conditioning appliances and for use in HCFC phaseout on a chemical-by- permissible uses of HCFCs after January fire suppression applications. That chemical basis, it allocates and tracks 1, 2020 were for the servicing of document provides additional production and consumption refrigeration and air-conditioning discussion of the history of the phaseout allowances on an absolute kilogram equipment existing on January 1, 2020. of HCFCs. basis for each chemical. An allowance is In a November 2018 adjustment to the unit of measure that controls Article 2F, servicing of fire suppression III. Final Rule and Response to production and consumption of ODS. and fire protection equipment existing Comments The EPA allocates allowances for on January 1, 2020 was added as an This section describes the rationale specific years; they are valid between additional permissible use. Section for the final actions taken in this January 1 and December 31 of a given 614(b) of the CAA also provides that in rulemaking, summarizes and responds control period (i.e., calendar year). In the case of a conflict between any to the comments received on the previous rulemakings, the EPA has provision of the CAA and any provision proposal, and explains differences allocated calendar-year allowances of the Montreal Protocol, the more between the proposed rule and this final equal to a percentage of the baseline for stringent provision shall govern. In sum, action. the controlled substance for a given the combination of the CAA and the control period. A calendar-year Montreal Protocol establish that the A. Allocation of HCFC Allowances for allowance represents the privilege permissible uses of HCFCs after January the Years 2020 Through 2029 granted to a company to produce or 1, 2020 will be limited to servicing This section describes the factors that import one kilogram (not ODP- refrigeration, air-conditioning, and fire the EPA considered in developing its weighted) of the specific controlled suppression equipment existing on approach for issuing HCFC allowances substance. The EPA allocates two types January 1, 2020. for the next regulatory period that of calendar-year allowances— The EPA notes that absent specific extends from 2020 through 2029. production allowances and use restrictions, HCFCs can continue to Additional relevant discussion is be used after their production and consumption allowances. To produce an included in other portions of section III. import has ceased, for example, to HCFC, an allowance holder must Specifically, section III.B. provides more service existing equipment such as expend both production and information on allowance allocations for refrigeration and air-conditioning consumption allowances. To import an HCFC–123 and section III.C. provides systems. The EPA’s intent has always HCFC, an allowance holder must more information on allowance been to facilitate a smooth transition to expend only consumption allowances. allocations for HCFC–124. As explained alternatives, which means avoiding An allowance holder exporting HCFCs below, the EPA’s allocation stranding equipment that has not yet for which it has expended consumption methodologies are consistent with the reached the end of its useful life. For allowances may obtain a refund of those CAA, EPA regulations, and the example, used HCFC–22 that is consumption allowances upon obligations of the United States under submittal of proper documentation to recovered and reclaimed, or virgin material produced before the 2020 the Montreal Protocol, and were the EPA. Production and import of supported by most commenters. virgin HCFCs without allowances are phaseout may continue to be used for as HCFC–123 and HCFC–124 are the two prohibited except for transformation, long as it is available to service existing HCFCs not already slated for phaseout destruction, transshipments, or heels HCFC–22 systems. in the United States by 2020 under the (40 CFR 82.15(a) and (b)). The Title VI phaseout regulations that ‘‘worst-first approach’’ described in the Under the chemical-by-chemical reduce the number of allowances previous section. These HCFCs are phaseout schedule for HCFCs allocated over time is a central currently used in the refrigeration, air- established by EPA regulations, as component of the United States’ conditioning, and fire suppression discussed above, the EPA stopped approach for protecting stratospheric sectors. The use of newly produced or allocating production and consumption ozone. The EPA limits how much ODS imported quantities of these HCFCs is allowances for HCFC–141b as of 2003; enters the market to meet the CAA and limited under the Montreal Protocol, the for HCFC–225ca/cb as of 2015; and for Montreal Protocol phaseout milestones. CAA, and the EPA’s regulations. The HCFC–22 and HCFC–142b as of 2020. To smooth the phaseout steps, the EPA EPA is relying on its authority under The Montreal Protocol, the CAA, and also takes complementary actions that section 605(c) of the CAA to promulgate the EPA regulations under 40 CFR part reduce the demand for ODS, encourage regulations phasing out the production 82, subpart A, limit the permissible uses recovery and recycling or reclamation of and restricting the use of class II of newly produced or imported used ODS, allow for continued servicing substances, subject to previous quantities of the remaining HCFCs to avoid stranding existing equipment, accelerations under section 606 (see 58 (HCFC–123 and HCFC–124). Section and encourage transition to alternatives FR 65018, December 19, 1993 and 74 FR 605(a) of the CAA makes it unlawful, that ‘‘reduce overall risks to human 11 66411, December 15, 2009). The EPA is starting January 1, 2015 to introduce health and the environment.’’ making limited changes to the into interstate commerce or use any The EPA’s most recent action related provisions on production, consumption, virgin HCFCs unless they are used as a to the phaseout of HCFCs was a 2014 rule that allocated production and and use of class II ODS to provide 10 See CAA section 605(b)(2), 42 U.S.C. consumption allowances for HCFC–22, flexibility for the years 2020 through 7671(d)(b)(2), and Montreal Protocol Article 2F, 2029 consistent with the requirements paragraph 6. 11 CAA section 612, 42 U.S.C. 7671(k). of section 605 of the CAA and

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obligations of the United States under trace quantities) in the production of during the baseline year. The EPA has the Montreal Protocol. other chemicals; (3) is used as a implemented this requirement by As stated in the proposal, the EPA refrigerant in appliances manufactured limiting the number of annual considered a number of factors when before January 1, 2020; or (4) is listed as allowances allocated for each chemical developing an approach to allocating acceptable under the Significant New in 40 CFR 82.16. The consumption allowances for HCFC–123 and HCFC– Alternatives Policy (SNAP) program for baseline is 2,014 MT (40 ODP-weighted 124 for the years 2020 through 2029 use as a fire suppression agent for MT) of HCFC–123 and 2,396 MT (53 including existing company-specific nonresidential applications. As detailed ODP-weighted MT) of HCFC–124. production and consumption baselines in the 2019 Final Servicing Tail Report, Section 605(c) of the CAA thus prohibits listed in 40 CFR 82.17 and 82.19; the the EPA considered the estimated the EPA from allocating allowances Agency’s worst-first approach; the quantity of HCFC–123 and HCFC–124 above that amount for each chemical. remaining permissible uses of HCFCs that will be available from recycling, Consumption allowances are allocated under section 605(a) of the CAA and the reclamation, and potential stockpiling to the entities listed in 40 CFR 82.19. availability of alternatives for those in advance of the 2020 phaseout step. In finalizing this action, the EPA uses; the quantity needed to meet the The EPA also considered the availability considered the quantities of HCFC–123 estimated servicing demand for each of alternatives with the understanding and HCFC–124 needed to service permissible use; the estimated quantity that it is typically best to service equipment manufactured before 2020. of HCFCs that will be available from equipment with the same refrigerant or These estimates are discussed in the recycling, reclamation, and potential fire suppression agent it was designed to 2019 Final Servicing Tail Report, which stockpiling in advance of the 2020 use. is available in the docket. The final phaseout step; 12 and the transition that The SNAP program continues to report and allocations are based on must occur by 2030 when HCFC review and list alternatives for demand projections contained in the production and consumption will be applications that use HCFCs, including EPA’s Vintaging Model,14 recent market phased out completely. Further, the refrigeration and air-conditioning and research, discussions with industry on Agency has considered public fire suppression applications that use current HCFC uses and trends, the comments on prior drafts of the report HCFC–123. Substitutes are listed under expected availability of recovered, in the docket titled The U.S. Phaseout that regulatory program as acceptable, recycled/reclaimed, and reused of HCFCs: Projected Servicing Demand unacceptable, or acceptable subject to material, and consideration of in the U.S. Air Conditioning, use restrictions for specific uses. Any comments offered on the report during Refrigeration, and Fire Suppression future use of substitutes listed as the public comment period on this Sectors (2020–2030), December 2019, acceptable subject to use restrictions rulemaking, as described below. The hereafter referred to as the 2019 Final must comport with any conditions of Agency made the April 2018 draft report Servicing Tail Report, and on the the SNAP program, if applicable. available on its website and in the proposed allocation amounts and Currently, the SNAP program lists a docket along with a Notice of Data approaches, as discussed below and in number of acceptable substitutes for Availability (see 83 FR 19757, May 4, other parts of section III. HCFCs for use as a fire suppression 2018) and requested comment on the For HCFC–123 and HCFC–124 agent for nonresidential applications as data and assumptions in the report. The allowances, the EPA identified a total well as in the refrigeration and air- EPA did not receive any comments on number of allowances to be allocated. conditioning sector, making a variety of the draft report. As a result of the These amounts are presented in Table 1 allocation options practicable for the adjustment to Article 2F of the Montreal in Section I.B. above and match the years 2020 through 2029. Protocol, the EPA revised the 2018 Draft proposed allowance allocations. Each As noted previously, in addition to Servicing Tail Report to reflect the company’s calendar-year allowances are the statutory provisions in section 605 demand for servicing fire suppression then calculated as a percentage of each of the CAA, the EPA established a equipment manufactured before January company’s baseline. Tables identifying ‘‘worst-first approach’’ in 1993 which 1, 2020 and disaggregated estimated the percentage of baseline production addressed which HCFCs may be demand for fire suppression to show and consumption allowances allocated produced and consumed and prioritized estimated demand for servicing appear in 40 CFR 82.16(a). As noted, the the phaseout of HCFCs based on their compared to demand for new EPA considered several factors when ODPs. These regulations can be found in equipment. The EPA consulted with industry on the estimate of future developing an approach to allocating 40 CFR 82.16. Consistent with that market demand for HCFC-123 fire allowances for HCFC–123 and HCFC– approach, the EPA is issuing allowances suppression applications. At the time 124. The first factor the EPA considered for production and consumption of only the 2019 Draft Servicing Tail Report was was the existing limitation on HCFC–123 and HCFC–124, as these are published in August 2019, total demand permissible uses of HCFCs and the the remaining HCFCs that have not been (the manufacture of new equipment and availability of alternatives for those phased out domestically. the servicing of existing equipment) uses. Section 605(a) of the CAA limited In 2020, the consumption cap of the the use of HCFCs beginning January 1, United States for all HCFCs is 0.5 14 The EPA’s Vintaging Model estimates the 2015. The statute provides that starting percent of the U.S. baseline, which annual chemical emissions from industry sectors on that date, it shall be unlawful for any equates to 76.2 ODP-weighted metric that historically used ODS, including refrigeration person to introduce into interstate tons that could be available for and air-conditioning and fire suppression. The 13 model uses information on the market size and commerce or use any class II substance servicing. Under section 605(c) of the growth for each end-use, as well as a history and unless such substance: (1) Has been CAA, the consumption of HCFCs by any projections of the market transition from ODS to used, recovered, and recycled; (2) is person is also to be limited to the alternatives. The model tracks emissions of annual used and entirely consumed (except for quantity consumed by that person ‘‘vintages’’ of new equipment that enter into operation by incorporating information on estimates of the quantity of equipment or products sold, 12 EPA. 2019. The U.S. Phaseout of HCFCs: 13 76.2 ODP-weighted metric tons is the serviced, and retired or converted each year, and Projected Servicing Demand in the U.S. Air equivalent of 3,810 MT of HCFC–123, if completely the quantity of the compound required to Conditioning, Refrigeration, and Fire Suppression allocated to HCFC–123, and 3,464 MT of HCFC– manufacture, charge, and/or maintain the Sectors (2020–2030). 124, if completely allocated to HCFC–124. equipment.

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over the past several years had varied, issued in each subsequent year by an under the Montreal Protocol for HCFC– but the average was approximately 260 equal amount such that there would be 123 (40.3 ODP-weighted MT per year MT per year. The EPA expected the zero allowances in 2030. The EPA compared to 76.2 ODP-weighted MT). demand for fire suppression servicing to explained that this allocation approach The EPA also proposed to issue zero be 35 to 90 MT per year based on would meet the full estimated servicing production allowances for the years projections 15 from the Vintaging Model demand in 2020 with newly imported 2020 through 2029 because no and feedback from industry. HCFC–123 and the full estimated companies produced HCFC–123 In the notice of proposed rulemaking servicing demand in 2030 with production in the baseline years of 2005 for this action, the EPA sought comment reclaimed HCFC–123. The EPA also through 2007 (see 74 FR 66431, on all aspects of the 2019 Draft explained that allocating at the full December 15, 2009). Under section Servicing Tail Report, including the estimated level of servicing demand in 605(b)(1) of the CAA, it is unlawful for projections for the fire suppression 2020 (650 MT 16) for the years 2020 any person to produce any class II sector. The Agency received comments through 2022 would allow time for the substance in an annual quantity greater on the total demand for fire suppression reclamation market to increase sales to than the quantity of such substance during the comment period and has the fire suppression sector. Currently, produced by such person during the updated the report accordingly. The the reclamation market primarily baseline year. Agency also updated the reclamation services the refrigeration and air (1) Summary of and Response to and consumption values in the report to conditioning sector. Allocating above Comments on the HCFC–123 Allocation reflect the data reported for 2018. estimated demand for the years 2021 The last factor the EPA considered is and 2022 (see the demand estimates in The EPA received supportive the statutory 2030 phaseout date for the 2019 Final Servicing Tail Report) comments on the proposed allocation production and import of HCFCs, with will ensure supply for servicing existing amount from Ingersoll Rand, a stationary air-conditioning limited exceptions, under section refrigeration and air-conditioning, and manufacturer; National Refrigerants, a 605(b)(2) and (c) of the CAA. In 2030, fire suppression equipment while that refrigerant distributor; Halon HCFC–123 and HCFC–124 must be transition occurs. Alternatives Research Corporation phased out completely. As in prior The EPA also sought comment on two (HARC), a non-profit trade association; phaseout steps for other HCFCs, the alternative approaches for determining and an anonymous commenter. Several Agency’s intent is to accomplish the how many HCFC–123 consumption commenters state that the proposal statutory 2030 phaseout in a manner allowances to issue. The first alternative accurately reflects the amount of HCFC– that achieves a safe and smooth approach would have issued allowances 123 needed for servicing refrigeration transition to alternatives without equal to the total modeled demand each year from 2020 through 2029 (which and air-conditioning and fire stranding equipment. The EPA’s goal is suppression equipment, the availability to allow equipment owners to continue includes servicing of existing equipment and the manufacture of new equipment of reclaimed HCFC–123, and the servicing their HCFC–123 and HCFC– amount of market demand. Hudson 124 equipment throughout its expected using reclaimed HCFC–123) minus the low end of the projection for suggests that the Agency should reduce lifetime. Experience with the HCFC–22 the allocation below the amounts in phaseout indicates that gradually reclamation each year from 2020 through 2029. This contrasts with the Alternative 1 and decrease each year as decreasing allocation levels is a better opposed to staying static in the first approach than an abrupt cessation of proposed allocation amounts which, as explained above, were not directly three years. The Environmental allowances at the phaseout date, as it based on demand for the manufacture of Investigation Agency (EIA), an provides time and the right market new equipment using reclaimed HCFC– environmental non-profit, also supports signals for equipment owners to plan 123 or the availability of reclaimed an allocation below Alternative 1, and investments and transition to HCFC–123 and did not subtract another comment from a private citizen alternatives while also fostering allocations based on projections for does not support an allocation for any recovery, recycling, and reclamation of reclamation as was proposed in HCFC production or consumption. HCFCs. Alternative 1. The Agency determined American Pacific, the manufacturer of B. Allocation of HCFC–123 that reclaimed HCFC–123 could meet Halotron® I, a fire suppression agent Consumption Allowances the demand for new fire suppression blend containing HCFC–123, is equipment, while also eventually supportive of allocating the maximum This section describes the EPA’s providing HCFC–123 for servicing amount allowable under the CAA, proposal for annual HCFC–123 existing equipment. See Table 8 of the consistent with Alternative 2 in the allocations, comments received on the 2019 Draft Servicing Tail Report for proposal. These comments and the proposal, the Agency’s responses to more discussion of estimated Agency’s responses are described in those comments, and the final reclamation. detail below. allocations for HCFC–123 in 2020 The EPA also sought comment on a through 2029. second alternative approach under (2) Comments in Support of a Lower The Agency proposed to issue which the EPA would issue 2,014 MT Allocation consumption allowances for HCFC–123 of HCFC–123 consumption allowances The EPA received comments that for years 2020 through 2022 equal to the for each of the years 2020 through 2029. were supportive of a lower allocation. estimated 2020 demand for servicing This is equal to 100 percent of the Hudson and EIA note that allocation existing refrigeration and air- aggregate consumption baseline for levels could be lower considering the conditioning and fire suppression HCFC–123 and is the maximum supply of reclaimed material. Hudson equipment. The EPA proposed to then allocation allowed under section 605(c) specifically notes that based on the 2019 decrease the number of allowances of the CAA. This approach would Draft Servicing Tail Report, total allocate approximately half of the demand for HCFC–123 could be met 15 EPA. 2019. The U.S. Phaseout of HCFCs: Projected Servicing Demand in the U.S. Air annual U.S. consumption cap allowed with Alternative 1. These commenters Conditioning, Refrigeration, and Fire Suppression suggest the EPA should adopt a Sectors (2020–2030), Table 5. 16 Equivalent to 13 ODP-weighted MT. schedule that is more aggressive than

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Alternative 1 because the reclamation allocation levels at the estimated level (3) Comments in Support of a Higher industry can provide 300 MT of HCFC– of demand for servicing both fire Allocation and Other Comments on the 123 annually. They note that the suppression and refrigeration and air- Proposed Allocation reclamation industry has supplied conditioning equipment means that American Pacific supports a higher nearly 85 percent of the estimated 300 imported HCFC–123 can be used to initial allocation of allowances and no MT volume over the past two years. satisfy the servicing needs for existing decrease in allocation level. The Furthermore, Hudson states that the equipment, making it more likely that commenter asks that the Agency reclamation industry does not need any reclaimed and stockpiled HCFC–123 consider the total demand for Halotron® transition time to enter the fire will be available for the manufacture of I and notes their concern that the suppression market because the new fire suppression equipment. proposed allocation is too low and industry is already servicing that The EPA anticipates that the market could strand existing equipment. market, and an accelerated schedule for reclaimers and others involved in American Pacific suggests that the EPA will spur the growth of reclamation and recovering used ODS for fire allocate the maximum allowable ensure more than adequate supply of number of consumption allowances for HCFC–123 for both the refrigeration and suppression purposes will change in the near future and may resemble the HCFC–123—an approach presented as air-conditioning and fire suppression Alternative 2 in the proposal. American markets. EIA also supports a lower market for used halons to some extent given both halons and the blend of Pacific asserts that the allocation of allocation, noting that the supply of 2,014 MT per year during the period reclaimed HCFC–123 ranging from 180 HCFC–123 are used in the fire suppression sector. While halon 2020 through 2029 is warranted because to 270 MT annually over the past Halotron® I has gained more acceptance several years could allow the EPA to production and consumption were phased out in the United States in 1994 as a lower ODP replacement to halon reduce allocations by 200 MT below 1211 in fire suppression equipment, expected demand to 450 MT, and then and globally in 2010, halon is still available for new equipment (e.g., for particularly in wheeled units. American reduce by 45 MT annually until Pacific states that it will continue to new aircraft and Aircraft Rescue and reaching zero in 2030. Both commenters manufacture new fire suppression Fire Fighting (ARFF) vehicles). note an allocation at or below equipment with reclaimed and Eventually, domestic recovery and Alternative 1 would be beneficial to the stockpiled material, and asserts that the reclamation of HCFC–123 combined reclamation industry and the estimated total demand for fire with imports of used and/or recycled environment. suppression as represented in the 2019 HCFC–123 should meet demand The EPA disagrees with commenters Draft Servicing Tail Report, at 260 MT potentially similar to how the demand that the Agency should finalize a lower is an underestimate. The commenter for halon in the United States is met allocation than proposed. Starting the states that the total demand was over allocation levels below the estimated through transition to alternatives, 300 MT in 2018 and that they expect level of demand for servicing both fire successful management of halon banks, demand in 2019 to be an additional 10 suppression and refrigeration and air- and imports under the petition process percent higher. American Pacific also conditioning equipment could strand for used ODS (see 40 CFR 82.13(g)(2) asserts that the EPA’s estimate of 90 MT serviceable fire suppression equipment and 82.24(c)(3)). Ultimately, the EPA of fire suppression servicing demand is or hinder the manufacture of new fire anticipates that like other ODS sectors, low. For these reasons, they argue that suppression equipment in the near term. alternatives will be available for all annual allocation levels should start at Even though reclaimed and stockpiled applications that currently use halons 2,014 MT and be kept constant from HCFC–123 will be available in 2020, the and HCFCs. However, the fire 2020 through 2029. primary concern is whether there is suppression sector will benefit from the The EPA disagrees with the comment enough HCFC–123 for both near and proposed level of allocation which that an allocation higher than what the longer term fire suppression and recognizes the near-term changes to the Agency proposed is warranted. First, the refrigeration and air-conditioning needs. market will be underway in 2020–2022. EPA responds that the increase in Historically, the refrigeration and air- Therefore, it would not be prudent to demand in 2018 and 2019 does not conditioning sector utilized the majority base the allocation on the maximum merit allocating at the level the of that material as the historic practice amount of estimated reclamation in the commenter requests. Read together, of reclaimers and importers is to sell the early years or to decrease the allocation CAA sections 605 and 614 and Article ODS to refrigerant distributors. Based on to zero too quickly. The fact the 2018 2F of the Montreal Protocol limit the their comment, we understand that reclaim amount (240 MT) was lower permissible uses of newly-produced and Hudson may sell some reclaimed than the 2017 reclaim amount (270 MT) newly-imported HCFCs to servicing of material to the fire suppression sector. further supports the Agency’s refrigeration and air-conditioning However, that does not appear to be the determination that it is appropriate to equipment existing on January 1, 2020, norm among reclaimers. The Agency is provide the proposed level of allocation and to servicing of fire suppression and concerned that decreasing the allocation which is higher than Alternative 1 for fire protection equipment existing on too soon might not provide time for a the years 2020 through 2022. The EPA January 1, 2020, and listed as acceptable broader fire suppression sector recognizes the necessity of reclaimed for use as a fire suppression agent for transition to reclaimed material for new HCFCs to meet demand entirely after nonresidential applications in systems as well as servicing. This could 2030 and therefore the final allocation accordance with section 612 of the lead to shortages of HCFC–123 for fire level for HCFC–123 is less than the CAA. Thus, when determining suppression uses because, as discussed estimated level of servicing demand allocations for HCFC–123 and HCFC– above, after January 1, 2020, recovered starting in 2023. In the longer term, this 124, the EPA focused on the amount of and recycled or reclaimed HCFC–123, as allocation sends appropriate market demand for these specific uses. Since well as material stockpiled prior to signals for a smooth and orderly virgin material cannot be used to 2020, is the only material that can be transition by reducing the allocation manufacture new fire suppression used to meet demand for new fire after 2022 and completely phasing out equipment, it would not be reasonable suppression equipment. Starting with the import of virgin HCFC–123 in 2030. for the EPA to base allocation amounts

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on demand for new equipment even if, additional data to support increasing the August 5, 2011; 78 FR 20004, April 3, as the commenter asserts, demand for estimate for servicing demand. For all of 2013; and 79 FR 64254, October 28, their product is higher than historic these reasons, the Agency concludes 2014). levels. Nonetheless, based on the new that it is appropriate to base the final Additionally, the commenter focuses information provided for 2018 sales, the allocation on the servicing demand on the fire suppression market EPA is revising the total demand estimate from the Servicing Tail Report exclusively and does not take into estimate in the 2019 Final Servicing Tail as proposed. account the broader market for HCFC– Report issued with this rule. With 2018 The commenter states that, based on 123, including needs for servicing demand being 300 MT, the five-year their observations of the fire refrigeration and air-conditioning average reflected in the 2019 Final suppression industry, if EPA issues equipment, which will have servicing Servicing Tail Report increases to about allowances at 2,014 MT, it is not likely needs well beyond 2029. While the 270 MT. A further 10 percent increase that fire suppression equipment commenter asserts that it is not likely in demand in 2019 would result in a manufacturers and distributors would that the fire suppression industry would five-year average of approximately 280 wait until 2029 to transition or be be unprepared for the 2030 phaseout if MT. Furthermore, even if the EPA did unprepared for the 2030 phaseout. the EPA issues allowances at 2,014 MT, consider demand for manufacturing Similarly, the commenter states that it is the commenter does not address the new fire suppression equipment in not necessary to provide a gradual broader servicing market for HCFC–123, addition to servicing demand, these decrease over time to guard against where refrigeration and air-conditioning account for significantly more demand. figures, when added to servicing consumption levels that are higher than Based on other comments, the demand for refrigeration and air- demand. They assert that consumption refrigeration and air-conditioning conditioning equipment (560 MT in will always closely track demand given industry is supportive of a gradual 2020), would remain below an the sourcing of this material outside of reduction in allowances starting from allocation of 2,014 MT per year. the United States and that there is no 2020 estimated servicing demand for all Moreover, and as noted elsewhere in reason to create excess inventory. this section, consistently allocating allowed uses. American Pacific also comments that In response to the comment about allowances above total servicing while there are multiple unknowns, in demand would not support a smooth costs, the Agency has found that the discussion with the industry, the use of price of HCFCs is not directly correlated and orderly transition to alternatives, newly-imported HCFC–123 should be nor would it foster recovery, recycling to the amount of allowances allocated. less expensive than reclaimed HCFC– For example, experience with the and reclamation, which is needed as of 123. The EPA responds that one of the January 1, 2020 for manufacturing new phaseout of HCFC–22 indicates that Agency’s goals when setting the there can be temporary price changes fire suppression equipment and in the allocation level is to reach the 2030 but the wholesale price has fallen as the longer term as HCFC–123 is phased out. phaseout step in a manner that achieves allocation gradually decreased over the The EPA also disagrees with the a safe and smooth transition to past five years. The phaseout of HCFC– commenter’s assertion that the Agency’s alternatives while allowing equipment 22 may not be identical to the remaining servicing demand estimates are too low. owners to continue servicing their phaseout step for HCFC–123 given the As part of the development of the equipment within its expected lifetime. addition of the fire suppression sector. Servicing Tail Report, the Agency Issuing allowances significantly above The price to import and/or produce sought and received input from a variety demand would likely suppress the material does not necessarily match the of key industry stakeholders. The EPA reclamation market and thus increase wholesale price for various HCFCs, so has estimated total demand for HCFC– the likelihood of stranding equipment in there is no guarantee of a lower price 123 for fire suppression at 260 MT per 2030 and beyond. In the near term, this from imported product versus reclaimed year in the two previous drafts of the would adversely affect the availability product. Supporting this point, the EPA Servicing Tail Report based on average of reclaimed HCFC–123 for the fire understands from its interactions with reported consumption of HCFC–123 for suppression sector because reclamation reclaimers that they tend to sell their this use over the last several years. In will be the only source of HCFC–123 for reclaimed product at or near the market the last version of the report issued in the manufacture of new fire suppression price for virgin HCFCs. The Agency August 2019, the Agency included a equipment once stockpiles of material cannot conclude, based on the servicing demand of 35 to 90 MT per imported prior to 2020 are exhausted. In comments received, whether there is a year for fire suppression. These the longer term, if the reclaim market is difference in the price of HCFC–123 estimates were based on the best suppressed through 2029, there will be when sold for fire suppression available information and during public less ability to respond to the 2030 compared to when it is sold as a review of those drafts, interested phaseout when the primary supply of refrigerant. The EPA agrees with the stakeholders did not provide any HCFC–123 will be from the reclaim commenter that if the Agency allocated evidence to contradict the Agency’s market. Ultimately this could result in allowances well below estimated estimates of servicing demand. stranded equipment after 2029. servicing demand, it is possible that Recognizing the needs for fire Experience with prior HCFC phaseout prices would increase in the near term. suppression servicing and American steps indicates that gradually decreasing However, that is not what the Agency is Pacific’s comment, the Agency’s allocation levels is better than an abrupt finalizing in this rule. Instead, this rule allocation for HCFC–123 is based on the increase or decrease to foster recovery, issues allowances above estimated high end of the range for servicing recycling, and reclamation of HCFCs demand for three years specifically to demand for Halotron® I fire and an orderly transition to alternatives. allow reclaimers time to shift their extinguishers manufactured prior to Gradually reducing HCFC allowances market to the fire suppression sector 2020. The Agency’s review of the data fosters a safe and smooth transition and before reducing the number of supported a number within the 35 to 90 recycling/reclamation and is consistent allowances. MT range, but generally closer to the with the EPA’s approach in previous The commenter further states that the bottom half of that range. The HCFC allocation rules (see 74 FR 66412, proposed allocation would strand commenter, however, provided no December 15, 2009; 76 FR 47451, existing fire extinguishers including

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wheeled units costing between $125 to to allow virgin HCFC–123 to be used for with an interim milestone in 2015 and $4,000 for the telecommunications the manufacture of chillers that meet the full phaseout in 2030. Additionally, industry and for military applications. specific criteria through December 31, the Montreal Protocol phases out the The EPA responds that the proposed 2020. The EPA received two comments production and consumption of HCFCs allocation being finalized in this action on this proposal, from Ingersoll Rand as of January 1, 2020, while allowing a accounts for the servicing of existing fire and The Alliance, an industry coalition limited amount of new production and extinguishers. As discussed earlier in of fluorocarbon producers and users, consumption for servicing existing this section, the Agency estimated the both in support of the de minimis refrigeration and air-conditioning demand for servicing Halotron® I fire exemption. For the reasons cited in the appliances, servicing existing fire extinguishers manufactured prior to proposal and reiterated in this suppression and fire protection 2020 to be between 35 to 90 MT per document, the Agency is finalizing the equipment, and other uses not relevant year. This estimate is based on industry de minimis exemption from the use for the U.S. market. The EPA codified feedback on the two draft Servicing Tail prohibition in section 605(a). This the CAA use and interstate commerce Reports that the Agency made available exemption aims to address a unique restrictions related to refrigeration and for public comment. The final allocation situation that has arisen because certain air-conditioning appliances at 40 CFR includes 90 MT based on the servicing construction projects that ordered part 82, subpart A, in prior rulemakings. demand for servicing fire suppression HCFC–123 chillers for installation in As defined in the regulations, the equipment and the commenter provided 2019 are behind schedule and the term manufactured 17 ‘‘for an appliance, no data to support increasing the chillers may not be installed by the end means the date upon which the Agency’s estimate for servicing demand of 2019. The EPA understands that appliance’s refrigerant circuit is or that the proposed allocation amount many of the chillers and the virgin complete, the appliance can function, would strand existing inventory. As HCFC–123 to charge them are already the appliance holds a full refrigerant described in the 2019 Final Servicing on site at these construction projects charge, and the appliance is ready for Tail Report accompanying this action, and that companies purchased virgin use for its intended purposes[.]’’ the Agency estimates that the allocation HCFC–123 for charging these chillers Appliances used in commercial finalized in this rule combined with with the expectation that they would be refrigeration, such as large chillers, and reclaimed and recycled HCFC–123 will installed in 2019. Due to construction industrial process refrigeration typically provide sufficient HCFC–123 to allow delays, the final steps in the involve more complex installation for servicing of refrigeration, air- manufacture of these chillers (including processes, which may require custom- conditioning, and fire suppression charging with refrigerant) may not occur built parts, and typically are equipment, as well as the manufacture until after January 1, 2020. Section manufactured on-site. Appliances, such of new fire suppression equipment. The 605(a) prohibits the introduction into as these, that are field charged or have EPA finds no support for the assertion interstate commerce or use of any class the refrigerant circuit completed on-site, that the proposed allocation would II substance with limited exemptions. regardless of whether additional strand any existing fire extinguishers. Use of a virgin class II substance ‘‘as a refrigerant is added or not, are The EPA further notes that the fire refrigerant’’ is allowed only ‘‘in manufactured at the point when suppression sector has a long history of appliances manufactured prior to installation of all the components and using recovered and recycled/reclaimed January 1, 2020.’’ The EPA is creating a other parts are completed, and the ODS for both servicing and new de minimis exemption from this appliance is fully charged with equipment. There has been continuing prohibition to allow virgin HCFC–123 to refrigerant and able to operate. demand for halons in newly- be used for the manufacture of chillers The EPA learned that a limited manufactured fire suppression that meet specific criteria through number of HCFC–123 chillers specified equipment since halons were phased December 31, 2020. This exemption will for installation in 2019 may not be fully out in the United States in 1994. This only apply if the HCFC–123 chiller unit manufactured prior to January 1, 2020. demand for halons has been satisfied and other components were ready for The key uncharged components, in with recycled/reclaimed halons, shipment to a construction location and particular the chiller units themselves, ensuring equipment can be serviced and the components were specified for were ready for shipment to the investments are not stranded. installation under a building permit or construction location in the first half of Lastly, American Pacific asks the EPA contract dated on or before the date of 2019. However, for some delayed to consider an updated ODP of 0.0098 signature of the proposed rule (July 24, projects, even though the units and for the purposes of analysis of 2019), the HCFC–123 was imported refrigerant may already be on-site, the environmental impact and comparison prior to 2020 and is in the possession of final steps to manufacture the with alternatives to HCFC–123 in the the entity that will complete the appliance, in particular charging the fire suppression sector such as halon manufacture of the appliance, and all chiller with refrigerant, may not occur 1211, hydrofluorocarbons (HFCs), and refrigerant added to that appliance after until 2020. Thus, if no regulatory relief fluoroketone based agents. The EPA December 31, 2020 is used, recovered, is provided, the virgin HCFC–123 could responds that the Agency did not or recycled/reclaimed. not be used to charge these chillers even propose and is not finalizing any (1) Background if it has already been purchased and is changes to the listed ODP for HCFC– on site. 123. The ODP for HCFC–123 as listed in As described in Section II of this Annex C to the Montreal Protocol and document, the CAA restricts (2) De Minimis Exemption in appendix A to 40 CFR part 82, introduction into interstate commerce To provide flexibility to complete the subpart A is 0.02. and use of HCFCs over time with manufacture of HCFC–123 chillers from limited exceptions. The CAA prohibits components that are ready for shipment C. De Minimis Exemption for the Use of the use of HCFCs to manufacture new HCFC–123 in Chillers to a construction location, the EPA is appliances effective January 1, 2020, creating a limited de minimis exemption The EPA proposed to create a de unless the HCFCs are used, recovered, minimis exemption from the use and recycled. The CAA also phases out 17 The definition of ‘‘manufactured’’ can be found prohibition in section 605(a) of the CAA production and consumption of HCFCs, at 40 CFR 82.3. See also 74 FR 66439.

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to the use prohibition in 605(a). This its approach to the class I phaseout, prior to 2020, existing allowances will exemption allows HCFC–123 to be used given the longer timeframes and the not be expended. There will therefore for the initial charging of certain chillers presence of only one intermediate not be any increase in U.S. consumption manufactured between January 1, 2020 reduction step (see section 605(b)). compared with the current allowed and December 31, 2020 provided they Given this context, the EPA does not level of consumption for 2019. Second, meet specific conditions. The view section 605(a) as ‘‘extraordinarily this exemption will not encourage the exemption will only apply if the HCFC– rigid.’’ manufacture of additional HCFC–123 123 chiller unit and components are The EPA finds that section 605(a) is chiller units because factory operations ready for shipment to a construction ambiguous as it does not speak directly for making them have already ceased location and the components were to the circumstance presented for the and the exemption will not permit such specified for installation under a situation described above. Section operations for additional units. building permit or contract dated on or 605(a) does not explicitly address The number of chillers eligible for before the date of signature of the whether virgin HCFC–123 may be used this exemption is also anticipated to be proposed rule (July 24, 2019), the in a chiller where all the chiller small. Based on consultations with HCFC–123 was imported prior to 2020 components were ready for shipment to industry, the EPA understands that the and is in the possession of an entity a construction site before January 1, manufacture of up to five percent of the involved in the manufacture of the 2020 but where the initial charge is not chillers expected to be installed in 2019 appliance, and all refrigerant added to completed until after January 1, 2020. could be delayed beyond January 1, that appliance after December 31, 2020 Because the statute does not specify 2020. The EPA expects the number of is used, recovered, or recycled/ when manufacture is complete, it does HCFC–123 chillers to be affected is 33. reclaimed. not unambiguously prohibit the use of As detailed in the 2019 Final Servicing The EPA has implied authority to virgin HCFC–123 for the initial charge Tail Report, the EPA assumes an average establish a de minimis exemption from of chillers where all the chiller charge size for an HCFC–123 the section 605(a) use restriction. The components were ready for shipment commercial chiller is approximately 445 United States Court of Appeals for the before January 1. 2020. Thus, the EPA kg. Thus, the EPA estimates about 15 District of Columbia Circuit has has authority to resolve the ambiguity MT of HCFC–123 could be needed to recognized that ‘‘[u]nless Congress has through regulation and determine complete the manufacture of chillers in been extraordinarily rigid, there is likely whether the use prohibition should 2020. This will equate to about 0.4 a basis for an implication of de minimis apply in this circumstance. percent of all HCFCs allocated in 2019. authority to provide exemption when The EPA views the de minimis Beyond the HCFC–123 needed for the the burdens of regulation yield a gain of exemption as consistent with statutory initial charge, the EPA has analyzed trivial or no value.’’ Alabama Power Co. intent. The flexibility from the whether the exemption could increase v. Costle, 636 F.2d 323, 360–61 (D.C. exemption will ensure the orderly the servicing demand for HCFC–123 in Cir. 1980). Further discussion of this phaseout of ODS and will be consistent the years 2020 through 2029 compared authority can be found in the preamble with the past practice of preventing the with not providing this flexibility. As an to the proposed rule. stranding of existing appliances without initial matter, the modeled servicing The EPA concludes that it has being counter to the three principal demand described in the 2019 Final authority to provide flexibility by areas of Title VI described previously. Servicing Tail Report includes the creating a de minimis exemption to the First, it will not contribute to additional demand from the appliances affected by 605(a) use prohibition. Section 605(a) is production and consumption of HCFCs this exemption. The report assumes that not extraordinarily rigid and is and thus will not inhibit the United chillers expected to be manufactured in ambiguous as it does not speak directly States from reaching the CAA phaseout 2019 are manufactured in that year. to the circumstance presented here. In date of 2030 or complying with the Because the chillers that will be affected addition, providing flexibility is Montreal Protocol. Second, these by this exemption were anticipated to consistent with the statutory intent. chillers will continue to be subject to be manufactured in 2019, they will not The EPA does not view section 605(a) the servicing practices and labeling increase expected demand. This as ‘‘extraordinarily rigid.’’ Title VI of the requirements applicable to all ODS exemption will not alter the CAA can generally be summarized into appliances. Third, it will not slow the requirement that used, recovered, or three principal areas: the phaseout of transition to alternatives. As discussed recycled/reclaimed HCFC–123 be used the production and import of ODS below, the components to assemble for all subsequent servicing events on (sections 602–607); the reduction of these chillers have already been made these chillers. Further, HCFC–123 emissions of ODS via various means ready for shipment and they have been chillers have very low leak rates, and such as required servicing practices, purchased for installation. While these thus the amount of replacement restrictions on sale and distribution of chillers may one day be retrofitted to an refrigerant will be low. Therefore, the products, and consumer education alternative, such as R–514A, Title VI EPA does not anticipate that future (sections 608–611); and the transition to does not require the retrofitting of servicing demand will affect the market alternatives that reduce overall risk to existing equipment. for reclaimed HCFC–123 in a manner human health and the environment In addition, rigid application of that the EPA has not already considered (section 612). Section 605 specifically section 605(a) of the CAA in the unique when issuing allowance allocation addresses the phase-out of production circumstances presented here would amounts for 2020 through 2029. and consumption of class II substances. ‘‘yield a gain of trivial or no value.’’ The exemption also contains For class II substances, section 605 Envtl. Def. Fund Inc. v. EPA, 82 F.3d numerous constraints that limit its established specific restrictions 451, 455 (D.C. Cir. 1996) (internal potential impact. The exemption from beginning in 2015 on use, introduction quotation marks omitted). The EPA the prohibition in section 605(a) of the into interstate commerce and concludes that there will be no CAA on use in appliances manufactured production, while establishing a environmental benefit associated with before January 1, 2020 will apply only complete phaseout of HCFCs in 2030. rigidly applying 605(a). First, because for one year and only in a limited set of Congress’ overall approach to the class the HCFC–123 used to initially charge circumstances. It will apply only if the II phaseout was generally less rigid than these chillers must have been imported refrigerant used to manufacture the

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appliance was in the possession of an CAA to provide limited flexibility used as a streaming agent listed as entity involved in the manufacture of regarding the use of HCFCs for sectors acceptable for use or acceptable subject the appliance and imported prior to other than refrigeration and air- to narrowed use limits for January 1, 2020. In addition, any conditioning and fire suppression. For nonresidential applications in servicing of the equipment after example, the EPA allowed continued accordance with the section 612 SNAP December 31, 2020 will need to be done use of a small amount of material that regulations. The EPA received four with HCFC–123 that is used, recovered, was previously produced and/or comments from American Pacific, or recycled/reclaimed. Further, the imported using the appropriate HARC, Hudson, and The Alliance, exemption will not allow for the allowances and in inventory prior to the which were all supportive of this manufacture of additional chillers CAA’s 2015 use restriction for solvents. proposal. beyond those for which the components The EPA determined that the continued Under the Montreal Protocol, the had already been made ready for use of previously produced/imported United States has committed to phase shipment to a construction location and material was consistent with past out HCFC production and consumption the components were specified for practices, that production and by January 1, 2020, other than installation under a building permit or consumption would not be higher than production and consumption for certain contract dated on or before July 24, that already allowed for, and that the narrowly defined uses in an amount up 2019, the date of signature of the environmental effect would be limited to 0.5 percent of baseline annually.19 proposed rule. (see 79 FR 64254, October 28, 2014). Servicing refrigeration and air- The de minimis exemption is The EPA also recognizes that for these conditioning equipment existing on consistent with past EPA practice in this specific circumstances, there could be January 1, 2020 had been the only program. The EPA, on past occasions, negative impacts if the Agency does not recognized use under the Montreal has provided limited flexibility in provide flexibility. Without the Protocol. In 2018, the United States applying use restrictions and phaseout flexibility, chiller manufacturers would proposed adjusting the Montreal dates. The Agency has typically aimed not be able to use virgin HCFC–123 to Protocol to add servicing of fire to prevent the stranding of appliances initially charge and install new suppression equipment existing on and past investments while phasing out equipment even though that virgin January 1, 2020, as another allowed use. controlled substances. For example, a HCFC–123 is already on-site. Granting That proposal was based on extensive concern similar to the one at issue here flexibility allows the installation to stakeholder consultation on HCFC came to the EPA’s attention in 2009 continue using the HCFC–123 available needs during the years 2020 through when commenters requested a limited and prevents further delay of the 2029 and the EPA’s analysis of available waiver from a regulatory prohibition on installation. information, including the 2018 Draft manufacturing HCFC–22 appliances that For the reasons described above, the Servicing Tail Report. In November was to begin in 2010 (see 74 FR 66412, EPA is finalizing the proposal to 2018, the Parties to the Montreal 66440–41, December 15, 2009). establish a de minimis exemption to the Protocol decided to adopt an adjustment Commenters identified scenarios in use restriction in section 605(a) of the that, among other things,20 added to which HCFC–22 appliances had been CAA and to revise 40 CFR Article 2F ‘‘the servicing of fire scheduled for use in projects, such as 82.15(g)(5)(iii) to allow virgin HCFC– suppression and fire protection construction projects, prior to January 1, 123 to be used for the initial charging equipment’’ existing on January 1, 2020, 2010, but in which, for a variety of of certain chillers manufactured as a permissible use for newly produced reasons, their manufacture could not be between January 1, 2020 and December or imported HCFCs.21 While the term completed prior to January 1, 2010. The 31, 2020 provided they meet the ‘‘fire protection’’ can be understood in EPA agreed to grant flexibility by conditions specified previously. some contexts to refer broadly to all providing an exemption from the D. Addition of Fire Suppression measures taken to protect persons or regulatory deadline to allow HCFC–22 Servicing Uses to the HCFC Phaseout property from harm, the terms ‘‘fire to be used as refrigerant in appliances Schedule protection’’ and ‘‘fire suppression’’ have manufactured between January 1, 2010 been used interchangeably in the and December 31, 2011, if their The EPA is finalizing the proposal to Montreal Protocol context to refer to components were manufactured prior to allow for the continued production, suppressing or putting out fires through January 1, 2010, and were specified in consumption, introduction into the use of chemical substances. Section a building permit or contract dated interstate commerce, and use of HCFCs 605(a) of the CAA uses the term ‘‘fire before January 1, 2010, for use on a for servicing fire suppression equipment suppression.’’ In addition, the EPA project. The EPA explained that manufactured before January 1, 2020 views ‘‘fire suppression’’ as the more providing flexibility would not result in consistent with section 605 of the CAA precise term in the context of regulating additional consumption of HCFCs and the November 2018 adjustment to ODS. The adjustment adopted in because companies had previously Article 2F of the Montreal Protocol. produced or imported the HCFCs for use Specifically, the EPA is modifying 40 19 As noted previously, the term production does in the manufacture of appliances, and CFR 82.15(g) and 82.16(e) to allow for not include the manufacture of a controlled HCFC–123 to be produced and substance that is subsequently transformed (i.e., that providing flexibility did not affect feedstock material) and as such the production long-term projections of servicing needs imported, as well as introduced into phaseout is not applicable to ODS manufactured for because this equipment was already interstate commerce and used, during that purpose. planned to be installed in the previous the years 2020 through 2029, to service 20 The adjustment adopted at the Meeting of the year (see 74 FR 66441, December 15, fire suppression equipment existing on Parties in November 2018 included an essential use 18 provision as well as the addition of two niche 2009). January 1, 2020, so long as it is being applications under the 0.5 percent cap. In this The EPA also previously created a de action, the EPA is making revisions to its minimis exemption from the statutory 18 This will expand the permitted uses under 40 regulations to address the addition of fire prohibition on the use of previously- CFR 82.15 and 82.16, which also allow for use and suppression. This rule does not take any action imported virgin HCFCs. In a 2014 rule, introduction into interstate commerce, as well as with regard to the other elements of the adjustment. production and consumption, of HCFCs for use as 21 Decision XXX/2 and Annex I of the the EPA created an exemption from the a refrigerant in equipment manufactured before ‘‘Compilation of decisions adopted by the parties,’’ use prohibition in section 605(a) of the January 1, 2020. adjust Article 2F of the Montreal Protocol.

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November 2018 entered into force on adds no additional limitations to those which clean agents are used in the June 21, 2019.22 in 40 CFR 82.16. United States: (1) Hand-held portables; The EPA is modifying 40 CFR For the reasons described above, the (2) 150-pound wheeled units; and (3) 82.16(e)(2) to permit the import of Agency is taking final action to allow Aircraft Rescue and Fire Fighting HCFC–123 for servicing fire suppression HCFC–123 to be used during the years (ARFF) vehicles. equipment manufactured before January 2020 through 2029 for servicing existing As per the National Fire Protection 1, 2020. While the modified 40 CFR fire suppression equipment. Association (NFPA) and Department of 82.16(e)(2) identifies the permissible Transportation (DOT) regulations at 49 E. Revisions to Labeling Requirements uses for which HCFC–123 may be CFR 180.250, all portable fire imported, this regulatory provision does To support compliance with the extinguishers must be maintained in a not govern the allocation of production finalized regulations at 40 CFR fully charged operable condition and allowances for HCFC–123. Section 82.16(e)(2), the EPA is revising the undergo hydrostatic testing. NFPA is a 82.16(e), which establishes limits on the existing labeling requirements in 40 codes and standards organization, production and import of HCFC–123 CFR part 82, subpart E, to reflect the accredited by the American National starting on January 1, 2020, provides limited ability to use virgin HCFC–123 Standards Institute, that was established that HCFC–123 may not be produced or for fire suppression servicing. Labeling to minimize the risk and effects of fire imported for any purposes other than containers of fire suppression agent by establishing criteria for building, the listed permissible uses. The revision containing HCFC–123 should increase processing, design, service, and adds ‘‘use as a fire suppression awareness among individuals servicing installation around the world. streaming agent in equipment fire suppression equipment about the According to NFPA criteria, fire manufactured before January 1, 2020 restriction on the use of virgin HCFC– extinguishers, which include portable and listed as acceptable for use or 123 use and support compliance. The hand-held devices and wheeled units, acceptable subject to narrowed use EPA is finalizing two different labels— are recommended to undergo limits for nonresidential applications’’ one for fire suppression agent composed maintenance to ensure that an to the list of permissible uses. This of newly-imported HCFC–123, and one extinguisher will operate effectively and revision allows for this additional use in for fire suppression agent composed of safely in the event of fire.24 Equipment the years 2020 through 2029. reclaimed material or material imported should be recharged after being used to The EPA is also adding a new prior to 2020. Together, these labels will extinguish a fire, so that it may be paragraph after 40 CFR 82.15(g)(4) to ensure that users have enough usable again. Technicians who conduct ensure consistency with the change to information to determine which hydrostatic testing, perform inspections, 40 CFR 82.16(e)(2). Section 82.15(g) containers of fire suppression agent may or recharge fire suppression equipment establishes limits on the introduction be used in which equipment in order to after a discharge may need additional into interstate commerce and use of comply with the revisions to the HCFC information to aid in distinguishing certain HCFCs at certain dates in phaseout regulations. In response to between the permissible uses of specific accordance with the worst-first comments from American Pacific, containers of Halotron® I. approach discussed previously. Section HARC, and The Alliance, the EPA is Given that section 611 of the CAA 82.15(g)(4)(i) establishes limits that making minor modifications to the already requires the labeling of apply to many HCFCs including HCFC– proposed labels. containers of ODS, including Halotron® 123 and HCFC–124, effective January 1, I, the Agency proposed modifying the (1) Background 2015.23 The EPA is adding a new label to support compliance with the paragraph after 40 CFR 82.15(g)(4) that As discussed previously in this section 605 requirement. Congress repeats the limits in 40 CFR section, starting January 1, 2020, virgin recognized that labeling requirements 82.15(g)(4)(i) to clarify the permissible HCFCs may be used only for limited may be needed to effectively implement uses of HCFC–123 and HCFC–124 purposes. With respect to fire the phaseout of ODS. In 1993, the EPA produced or imported after January 1, suppression equipment, HCFCs established the labeling requirements 2020. Consistent with the restrictions on imported or produced on or after for both class I and class II substances production and import in the Montreal January 1, 2020, can be used only to in 40 CFR part 82, subpart E (see 58 FR Protocol (as modified through the service fire suppression equipment 8136, February 11, 1993). Containers in adjustment adopted in 2018) and 40 manufactured before January 1, 2020. which ODS are stored or transported CFR 82.16, with regard to fire HCFCs imported on or after January 1, must bear a clearly legible and suppression, HCFC–123 produced or 2020, cannot be used to manufacture conspicuous warning label that can be imported after January 1, 2020, may new equipment or to service equipment read by consumers before they can be only be used for servicing fire manufactured after January 1, 2020. introduced into interstate commerce. suppression equipment manufactured Only HCFCs that are reclaimed or were Section 611 of the CAA provides before January 1, 2020. Existing imported prior to 2020 may be used for specific language for the label: inventories of HCFC–123 produced or those purposes. ‘‘Warning: Contains [insert name of imported prior to January 1, 2020, may The only HCFC used in a fire substance], a substance that harms continue to be used to manufacture and suppression agent is HCFC–123, sold as public health and environment by service new fire suppression equipment part of a blend under the name destroying ozone in the upper after January 1, 2020. This change Halotron® I. Clean agents like Halotron® atmosphere.’’ This is reflected in the ensures that the regulations are clear I do not leave a residue, and are used implementing regulations at 40 CFR and consistent between 40 CFR 82.15 in applications such as data centers, 82.106. According to section 611, the and 82.16, and, as a practical matter, clean rooms, and aircraft where it will label must be ‘‘clearly legible and not damage high-value or life-saving conspicuous.’’ Labels generally should 22 The final meeting report from the 30th Meeting equipment, thereby minimizing of the Parties and Decision XXX/2 adopting the economic damages from a fire (e.g., 24 National Fire Protection Association. (2018) adjustment are included in the docket for this shorter equipment downtime or lower ‘‘Standards for Portable Fire Extinguishers’’ rulemaking. available at: https://www.nfpa.org/codes-and- 23 Section 82.15(g)(4)(i) applies to all HCFCs not costs to repair). There are three main standards/all-codes-and-standards/list-of-codes- governed by 40 CFR 82.15(g)(1) through (3). fire suppression streaming end uses for and-standards/detail?code=10.

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be within the principal display panel, equipment manufactured before January and environment by destroying ozone in the warning statement should be in 1, 2020 from fire suppression agents that the upper atmosphere. For use in any sharp contrast to any background upon may be used for manufacturing new equipment.’’ The statement, ‘‘For use in which it appears, and if there is any equipment or servicing equipment any equipment’’ conveys the same outer package for the container (e.g., regardless of the date of manufacture. meaning as the text provided by cylinder, ISO tank, or other container), The Agency sought comment on these American Pacific (‘‘Can be used for all labels should be on the outside points and others. Halotron® I new production and all packaging. Specific requirements on the recharge activities’’) but is simpler, (2) Summary of and Response to size, text, and location of the label are avoids mentioning a patented product, Comments provided in 40 CFR 82.106 through and is analogous to the label for newly- 82.110. Labeling of products American Pacific, HARC, and The imported material. It clarifies for the manufactured with or containing HCFCs Alliance support labels on all containers user that HCFC–123 that was imported ® has been required under section 611 of Halotron I. Both American Pacific prior to January 1, 2020, or that is since 2015, and the EPA has not seen a and HARC suggest the language on the recycled/reclaimed can be used for movement away from these fire label for virgin or newly imported either the manufacture of new suppression agents due to that labeling HCFC–123 containers should be more equipment or for servicing existing and requirements. Based on this experience, positive than the proposed language. new equipment. The Agency is the EPA does not expect additional text American Pacific suggests the label read modifying the required label at 40 CFR being added to the label to cause a ‘‘Use only for recharge of equipment 82.106 accordingly. movement away from HCFC–123 based manufactured before January 1, 2020.’’ The EPA also took comment on fire suppression agents. American Pacific and HARC are also whether the manufacturer of Halotron® In revising the labeling requirements, supportive of an additional label for I can designate specific containers for the EPA is relying on authority under reclaimed products and American servicing existing equipment, whether section 605(c) of the CAA to issue Pacific suggests the additional label multiple containers would create a regulations phasing out the production should read ‘‘Can be used for all burden for industry, and whether and consumption and restricting the use Halotron® I new production and all technicians would be able to locate of class II substances that may be recharge activities.’’ Commenters manufacture dates on fire suppression needed for compliance. Since HCFC– confirmed that users should be able to equipment. American Pacific states it 123 may be used both to manufacture identify the date of equipment will establish a second product new fire suppression equipment, which manufacture using existing methods as identification for the Halotron® I that is can only be done with HCFC–123 is the case with refrigeration and air- manufactured with newly-imported imported prior to January 1, 2020 or conditioning equipment. However, HCFC–123 imported after January 1, reclaimed/recycled material, and to without additional labeling of 2020. The name of this product will be service existing equipment, the EPA containers of fire suppression agents ‘‘Halotron® I Recharge Only for identified modified labeling as the that contain HCFC–123, it may not be Equipment Made Before 1–1–20.’’ lowest cost option to ensure that newly- possible for users to distinguish American Pacific states that the produced HCFC–123 only be used to containers that may only be used to Halotron® I container will be labeled service existing equipment. service fire suppression equipment prominently with multiple distinctive Specifically, the EPA proposed to manufactured before January 1, 2020, large yellow or equivalent striping that require the following text be added to from other containers. is in contrast to the current standard the label for containers of fire In response to the comments received, Halotron® I container, which has two suppression agent containing HCFC–123 the EPA concludes that modifications to green stripes. American Pacific notes imported on or after January 1, 2020: the existing label language are necessary the standard bulk container will ‘‘Do not use to service equipment to ensure that users have enough continue to be manufactured using manufactured on or after January 1, information to determine which newly-imported HCFC–123 imported 2020.’’ The Agency also took comment containers of fire suppression agent may before January 1, 2020, or with recycled/ on whether to modify the label on be used in which equipment, in order to reclaimed HCFC–123. Both American material containing HCFC–123 imported comply with the regulatory revisions Pacific and HARC assert that the prior to January 1, 2020, or that is described in this rule. Therefore, the maintenance of two differently labeled recycled/reclaimed to clarify for EPA is finalizing labeling requirements containers will not result in a burden on individuals servicing fire suppression for containers of fire suppression agent the industry. The EPA appreciates the equipment that all uses are allowed. containing HCFC–123 with steps American Pacific intends to take Specifically, the EPA proposed the modifications to the language proposed. to ensure the proper use of HCFC–123. following second sentence could be For containers with virgin HCFC–123 American Pacific and HARC provided added to the existing label for imported on or after January 1, 2020, the comments on the EPA’s intended containers of Halotron® I made with Agency is requiring the following label: approach to assist technicians with recycled/reclaimed HCFC–123 or ‘‘WARNING: Contains [insert name of identifying which container to use for HCFC–123 imported before 2020 that substance], a substance which harms servicing fire suppression equipment reads ‘‘Not restricted to use in servicing public health and environment by and outreach. For servicing ARFF pre-2020 equipment.’’ destroying ozone in the upper vehicles, the EPA explained how to In addition to knowing whether atmosphere. Use only for recharge of identify that information in the proposal containers contain recycled/reclaimed equipment manufactured before January for this rulemaking and recommends HCFC–123 or HCFC–123 imported 1, 2020.’’ that technicians inspect the before 2020 versus virgin HCFC–123, For fire suppression agents that are manufactured date on the vehicle. users will need to be able to know the recycled/reclaimed or imported prior to American Pacific states that the date of manufacture of fire suppression January 1, 2020, the Agency is finalizing methods for identifying the year of equipment. They will need to be able to the following label: ‘‘WARNING: manufacture of ARFF vehicles is distinguish fire suppression agents that Contains [insert name of substance], a accurate and notes that manufacturers may be used only for servicing substance which harms public health report the year of manufacture as a ten-

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digit VIN on the Information Data National Refrigerants and an allowances for class II ODS under plates, which are typically located on anonymous commenter support the certain conditions. In an inter-pollutant the floor, dashboard, or door jamb on proposed allocation of HCFC–124. The transfer, an allowance holder converts the driver’s side in ARFF vehicles. anonymous commenter states that allowances for one class II ODS into American Pacific states that they plan to Alternative 2 in the proposal is allowances for another class II ODS (40 highlight the distinction between the inconsistent with the gradual decrease CFR 82.23(b)). The EPA is finalizing two products in updated filling/ in volume over the phase out period and changes in 40 CFR 82.23(b) to ensure maintenance guidance manuals that may prevent the establishment of clarity for the regulated community. The provide sales materials for ARFF sufficient volume of reclaimed material change is intended to minimize Vehicle original equipment to serve remaining servicing needs post- confusion and reduce the likelihood manufacturers and airports users. 2030, as described in the 2019 Draft that an allowance holder will For fire extinguishers, American Servicing Tail Report. mistakenly seek an inter-pollutant Pacific states the EPA accurately The EPA responds that it agrees that transfer of HCFC–123 or HCFC–124 described the method for identifying the reducing the allocation gradually is the allowances to phased-out HCFCs such date of manufacture in the proposal for appropriate choice so that equipment as HCFC–22. This change does not have this rulemaking. American Pacific notes owners have time to transition to a practical effect on the ability of that historically, however, some of the alternatives and/or develop allowance holders to legally produce or UL listed fire extinguishers were not relationships to rely on recycled and/or import phased-out ODS given the approved by the DOT, which was reclaimed HCFC–124.The EPA is prohibition in 40 CFR 82.16. Inter- referred to as ‘‘309 exempt,’’ but all finalizing the allocation for pollutant transfers between HCFC–123 extinguisher labels as per the UL follow- consumption and production of HCFC– and HCFC–124 also may continue so up listing requirements will show a year 124 at 40 CFR 82.16(a) as proposed. As long as the newly produced or imported of manufacture. HARC also supports the stated previously, the Agency’s goal is HCFC–123 and HCFC–124 are for an EPA’s intention to develop outreach to ensure that servicing needs can be allowed use, such as for servicing material with the final rule and is met, while also encouraging recovery refrigeration and air-conditioning interested in working with the EPA to and reuse and transition to alternatives. appliances manufactured before January help develop and distribute such Providing consistent allocations for the 1, 2020. material. The EPA is appreciative of the first three years will assist in The Alliance commented that they outreach efforts American Pacific establishing an inventory of HCFC–124 support the EPA’s proposal to explicitly intends to pursue and is appreciative of to be used for servicing throughout the prohibit transfers into ODS that are the clarification for ARFF vehicles and allocation period and past the phaseout already phased out. Given the comment fire extinguisher date of manufacture. date for the expected lifetimes of all and the fact that the EPA received The EPA intends to work with existing equipment. The EPA does not several inquiries prior to this stakeholders to develop educational want to strand existing equipment rulemaking about whether inter- materials and conduct outreach to because of an inadequate supply of pollutant transfers from HCFC–123 or technicians, distributors, and service HCFC–124. This allocation supports this HCFC–124 to HCFC–22 will be allowed providers. goal because it accounts for allowed end after the phaseout of HCFC–22, the EPA uses of HCFC–124 that may not be F. Allocation of HCFC–124 Production is finalizing the proposed change to captured by the Vintaging Model (e.g. and Consumption Allowances make clear that calendar-year inter- use of niche refrigerant blends pollutant transfers of HCFC–123 and The Agency received two supportive containing HCFC–124 to service HCFC–124 to phased-out HCFCs are comments and one comment opposed to equipment manufactured before 2020). prohibited. allocations for HCFCs generally. Based Regarding the comment that allowances on comments received on the proposed are not needed, the Agency references H. Changes to Import Requirements allocation amount for HCFC–124 and the previous discussion in this section the Agency’s analysis, the EPA is Under sections 604, 605, and 606 of under the HCFC–123 allocation, as the CAA, the EPA restricts the import of finalizing HCFC–124 production and similar considerations apply for HCFC– consumption allowances in the years ODS consistent with both the CAA and 124. In addition, an HCFC–124 the Montreal Protocol. As discussed 2020 through 2029 as proposed. allocation is necessary because there is As noted in the 2019 Final Servicing previously in Section II of this minimal reclamation of HCFC–124. This document, importing virgin ODS Tail Report, HCFC–124 consumption allocation level is within the limit was approximately 250 MT per year requires the importer to expend established by the CAA and Montreal consumption allowances. By controlling between 2012 and 2017 and reclamation Protocol and will decrease over time to was minimal. More recent sales data the number of allowances and knowing foster transition to alternatives prior to who holds those allowances, the EPA from the California Air Resources Board, the January 1, 2030 phaseout date. discussions with industry, and annual ensures that the United States meets its 25 consumption and production data G. Changes to Transfers of Allowance phaseout obligations. Used ODS can indicate that demand for HCFC–124 is Provisions in 40 CFR 82.23 be imported without consumption between 100 and 200 MT. As explained The EPA is explicitly prohibiting allowances, and generally without use in the previous discussion about HCFC– calendar-year inter-pollutant transfers of restrictions, if certain conditions are 123 allowance allocations, providing HCFC–123 and HCFC–124 to phased- satisfied. Imports of used ODS are HCFC–124 allowances significantly in out HCFCs. The Alliance comment is regulated under 40 CFR 82.13(g)(2) and excess of demand would not foster a supportive of limiting inter-pollutant (3) (for imports of used class I smooth and orderly transition. Thus, the transfers, and the EPA is finalizing the substances) and 40 CFR 82.24(c)(3) and EPA proposed to allocate 200 MT for the provision as proposed. first three years and then gradually Under section 607 of the CAA, the 25 Used ODS have been recovered from their intended use systems (e.g., refrigeration and AC decrease the allocation over the next EPA has issued regulations at 40 CFR equipment) and may include controlled substances seven years by an equal amount each 82.23 which provide for both inter- that have been, or may be subsequently, recycled year. pollutant and inter-company transfers of or reclaimed. See 40 CFR 82.3.

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(4) (for imports of used class II Sections 604, 605, and 606 of the CAA i. Changes to the Petition Process To substances). provide statutory authority for Import Used ODS for Reuse in 40 CFR The EPA proposed and is finalizing a controlling the import of ODS, 82.13 and 82.24 number of changes to update the data including the petition process. Section The EPA proposed changes to the collection requirements related to the 603 of the CAA requires reporting of the petition process that would generally import of ODS, as described in further amount of ODS imported on a quarterly reduce burden on importers while still detail below. Such changes require basis or on a basis determined by the allowing the Agency to verify that only collection of additional information Administrator. To the extent that these used material is being imported. Of when the EPA considers petitions to regulatory revisions finalized in this particular note, the Agency proposed to: import used ODS to verify whether the action involve recordkeeping and (1) Reduce the information requirements material has been previously used. reporting of information, the EPA also when importing class I ODS 26 from a Other changes remove data elements relies upon its authority under section ‘‘bank’’ so long as an official letter is that the EPA no longer needs. The EPA 114 of the CAA, which authorizes the provided from the appropriate is also finalizing a procedure for imports EPA to require recordkeeping and government agency in that country of both used and virgin ODS when they reporting in carrying out any provision where the material is stored that attests are imported for destruction, exempting of the CAA (with certain exceptions that that a class I substance is ‘‘used’’; (2) aircraft bottles containing halon 1211 do not apply here). allow submission of an application for imported for hydrostatic testing from The petition process has generally an export license in lieu of the license the petition process, and finalizing as been effective at providing information itself; (3) authorize the Agency to proposed the prohibition on the sale of that allows the EPA to verify that ODS request additional information when illegally imported ODS. are used before they are imported, and additional verification is needed before Because some of these regulatory issuing a non-objection notice, and (4) revisions relate to the petitions process accordingly, for many aspects of the provide flexibility for the timing of for imports of used ODS, some existing process, the Agency did not propose and is not finalizing any import. background on the petitions process In soliciting comments on the under the regulations that were in place changes in this rulemaking. However, over years of implementation, the EPA proposal, the Agency was particularly prior to this rulemaking may provide interested in whether streamlining the useful context. Under that process, has identified potential areas for improvement. These include the fact petition process, including to facilitate anyone wanting to import used ODS imports of material from banks for class must submit a petition to the Agency, that the existing requirements for detailed source information are often I ODS, in particular halon, would affect and the EPA must provide a ‘‘non- compliance with the prohibition on objection notice’’ approving the import difficult to satisfy if the imported material comes from a halon bank, i.e., import of virgin ODS. The EPA for it to proceed. The petition to import welcomed suggestions from a used ODS must contain certain a physical facility where halon recovered from different sources is stakeholders on how the petition information, which the EPA uses to process could be streamlined while verify whether the ODS is used. aggregated. Much of this halon was sent to the banks with limited or no records ensuring compliance. The Agency Required information includes: A received comments on the definition of description of the previous use of the of its origins or use. Additionally, current regulations exempted only ‘‘banks’’ and whether the proposed substance; the identity of source flexibilities should be restricted to facilities from which the material was halon 1301 aircraft bottles from the petition process for hydrostatic testing, halon, the requirement to provide an recovered; a contact person at each export license, extending the reduced source facility; the name, make, and yet aircraft bottles containing halon 1211 are also imported for such testing information requirements to class II model number of the equipment from substances, the possibility that the EPA which the material was recovered at and importers must petition the Agency and receive a non-objection notice for might request purity information in each source facility; a best estimate of considering a petition, the import of when the material was removed; and an those bottles under the existing process. The petition process also did not used HFCs containing trace quantities of export license from the appropriate ODS, and the timing of imports after a government agency from the country of distinguish imports of used ODS that are intended to be destroyed from non-objection notice has been issued. export (see 40 CFR 82.13(g)(2) and Taking into account the comments imports that are intended to be 82.24(c)(3)). After review, the EPA received, the EPA is finalizing changes reclaimed for continued use, even responds to the petition by issuing to the petition process that will meet the though the Agency recognizes that the either a ‘‘non-objection notice,’’ which Agency’s goals of reducing the burden verification requirements do not need to allows the import to proceed, or an on importers while continuing to be as rigorous when the ODS are to be ‘‘objection notice,’’ which has the effect provide mechanisms to verify that the destroyed. Further, the existing of prohibiting the import because a non- material being imported is used. As regulations did not provide a specific objection notice is required for the described in greater detail below and mechanism to pre-approve the import of lawful import of such material. based on the comments received, the virgin material for destruction, resulting The EPA established the petition EPA is finalizing two changes to what in delays at the port of entry while the process to import used class I ODS it proposed. First, the Agency is EPA verified the shipment. In addition, (under sections 603 and 604 of the CAA) narrowing the definition of ‘‘bank’’ the EPA remains concerned about the in 1998 (see 63 FR 41626, August 4, which as proposed encompassed all potential for illegal import of ODS and 1998) and in 2003 (see 68 FR 2819, ODS, though only used in reference to wanted to take steps to strengthen the January 21, 2003) for class II ODS class I ODS, to ‘‘halon bank.’’ Second, Agency’s ability to enforce the phaseout (under sections 603 and 605 of the CAA) the Agency is allowing not only an of ODS. To address these and other given concern that some importers were application for an export license in lieu circumventing the production and issues, the EPA proposed and is now import controls by importing virgin finalizing revisions to the regulations for 26 The EPA did not propose similar changes for class I and class II substances that had imports, as described in the following class II ODS given the production phaseout for been intentionally mislabeled as used. sections. these substances is still underway.

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of the license itself, as was proposed, to prohibit sale of illegally imported future servicing and retrofitting that but also an official communication from controlled substances. The commenter equipment to use alternatives may not the appropriate government agency in suggests a change may be needed for always be feasible, and this point the country of export. For the following halon, as there is a large installed base supports its decision. changes, the EPA received no adverse that may require future servicing, and Since production and consumption of comments and is finalizing the since retrofitting that equipment for the halons were phased out in the United proposed revisions because the Agency use of alternative substances may not be States and other non-Article 5 countries concludes that the revisions are feasible, but there is not the same need in 1994, many countries, organizations, warranted based on the rationale or demand for other class I substances. and private sector companies articulated in the proposal and in this The commenter advises that changes established halon banks, which are document: (1) Requiring that petitions should be specific to halon, and the physical locations where previously- include email addresses in contact Agency should maintain the existing used and recovered halons are information (while removing the requirements for other class I aggregated from different sources and requirement to provide fax numbers) substances. stored.30 The EPA agrees with the and commodity codes for the material, While a couple of commenters were comment that banks do not typically and (2) providing one year from the date supportive of finalizing the revisions as have the complete information required stamped on a non-objection notice for proposed, due to concerns other by the EPA’s petition process. When a import to occur. In general, the EPA commenters raised about the potential used ODS is imported for reuse under anticipates these changes will increase for illegal imports of class I ODS, the the existing process, the import petition the availability of used ODS in the EPA is finalizing provisions that are must contain information about the United States and thus help to provide more limited than those proposed by used ODS including contact information a greater supply of used material for finalizing the definition of ‘‘halon bank’’ from each source facility from which the servicing existing equipment, which in 40 CFR 82.3 (rather than ‘‘bank’’) and material was recovered and the name, might otherwise be retired before the restricting the provisions in 40 CFR make, and model number of the end of its useful life. 82.13(g)(2)(iii) and (xv) to material from equipment from which the material was recovered. Petitioners sourcing used With respect to the proposal to a ‘‘halon bank.’’ In light of the recently ODS from banks, therefore, rarely have remove the requirement for some source discovered unexpected emissions of 27 enough records to provide all the information for class I substances stored CFC–11 measured in the atmosphere information required in the petition in either a national government bank or and concern from commenters regarding potential for misuse of the petition process, and as a result the petitions are a privately-operated bank authorized by subject to denial. In considering these a national government with the process, the Agency is finalizing revisions that are narrower than the comments, the Agency recognizes that submission of an official letter from the providing increased flexibility for appropriate government agency proposal and is only providing this flexibility for halon banks. halons, while still allowing the Agency verifying that the class I substances are to verify that only used material is being in fact used, the EPA received The EPA’s decision is based in part on the need for used halons exceeding the imported, allows for halon to be more comments from Hudson and National easily sourced from overseas banks, Refrigerants in support of the proposal. need for other used class I ODS. The Montreal Protocol’s Technology and increasing halon available to service In contrast, the Halon Recovery aircraft, oil and gas facilities, and other Corporation (HRC), a non-profit trade Economic Assessment Panel (TEAP) issued a report in September 2018, fire suppression applications. association for halon users, and an To provide further response to the anonymous commenter suggest available in the docket, noting continued demand for halons, in comment expressing concern that narrowing the exemption to only halon reducing the requirements for import banks rather than all class I ODS. HRC particular for servicing fire suppression 28 petitions for used ODS could lead to notes that the import petition process equipment for civilian aviation. Civil aircraft will continue to need halon to potential misuse of the petition process, has been structured around the the Agency notes that it will continue to refrigeration and air-conditioning sector, meet fire protection requirements for lavatory bottles, handheld be able to request additional and as such, these requirements have information from petitioners sourcing been difficult for halon recyclers to extinguishers, engine nacelles, auxiliary power units, and cargo compartments 29 halon from banks. For instance, the meet. Banks do not typically have the Agency may request additional complete information required by the until there is a transition to alternatives for all applications on new aircraft as information on whether the country EPA’s petition process, especially since where the halon bank is located has the material may have been recovered well as to service the civil aircraft fleet. The EPA agrees with the comment that production of halon for feedstock use or decades ago, when records of source stockpiles of virgin halon. If petitioners and use were not kept. HRC states that, there is a large installed base of fire suppression equipment that requires fail to respond to requests from the unlike CFCs, there is a large installed Agency for additional information, the base of fire suppression equipment that 27 For more information, see the discussion in EPA may issue an objection notice on requires future servicing and retrofitting section III.J. that basis, as clarified in revisions to 40 that equipment to use alternatives may 28 UNEP. (2018) Montreal Protocol on Substances CFR 82.13(g)(3)(i)(A) finalized in this not always be feasible. HRC also notes on Substances that Deplete the Ozone Layer. Report rulemaking. that it is aware of only a few of the Technology and Economic Assessment Panel. HRC also commented that restricting enforcement actions taken by the September 2018 Volume 2 Decision XXIX/8 on the Future Availability of Halons and their this relief to government banks or banks Agency for the illegal importation of Alternatives; pg. 1–32. Available at: https:// authorized by a national government halons. The anonymous commenter ozone.unep.org/index.php. unnecessarily limits its effectiveness. states their concern for reducing 29 FAA (2004). ‘‘FAA Halon ARC Final Report HRC states that national government information requirements in a petition Findings & Recommendations’’ Halon Replacement Aviation Rulemaking Committee; pg. 1–49. ODS banks are not usually a source for to import used class I substances is due Available at: https://www.faa.gov/regulations_ to the potential for misuse, which policies/rulemaking/committees/documents/ 30 Halons were phased out in Article 5 countries would be contrary to the Agency’s effort index.cfm/committee/browse/committeeID/397. in 2010.

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halons for civilian uses because they are agency in the country where the wish to provide notice to petitioners designated for military use, and many material is stored indicating that the that it may request additional national governments do not halon is used and that the halon bank information to confirm that the ODS is ‘‘authorize’’ privately-operated banks or is authorized to collect used halon. The used and, as proposed, is amending the reclamation facilities. HRC suggests the letter may also provide any additional regulations in this rulemaking at 40 CFR EPA define bank as ‘‘a facility run by a information available to help 82.13(g)(3)(i)(A) to make clear that national government or privately run demonstrate that the halon is used. failure to provide such information that collects and stores previously- Providing this official letter, does not when requested would be grounds for recovered ozone-depleting substances mean that the EPA will automatically issuing an objection notice. for reuse at a later date.’’ approve the petition as the EPA retains In response to a statement in the The EPA disagrees with the comment the right to request additional proposal that purity sampling might be that the Agency amend the definition of information and/or issue an objection among the information the Agency ‘‘halon bank’’ to include privately-run notice if the information is insufficient. might request in considering a petition banks regardless of whether they are With regards to the petition process to import used ODS, the Agency government authorized. While the EPA for used ODS more generally (including received comments from HRC supports the notion of providing more petitions for used halons from halon requesting that the EPA not request flexibility for imports of used halon to banks), the EPA is finalizing as purity sampling of used ODS for import meet ongoing demand for halon, the proposed a provision stating that the as a method of determining whether an Agency does not have sufficient Agency may request other information ODS is new or used. The commenter information about the nature of such to verify substances are used before states that requesting this information banks to determine whether or not such issuing a non-objection notice. This for halons would be ineffective and in an expansion is appropriate at this time. information could include, but is not the case of used system cylinders In particular, the Agency would need to limited to: Photos of each unit that possibly dangerous. HRC describes how further consider whether it is possible to contained the used ODS, with serial used halons are often imported in the provide such flexibility while ensuring numbers visible; photos of a original system cylinders (some of that doing so does not create an avenue representative sample of the cylinders, which can be 20 to 40 years old). These for illegal imports of virgin halon into with serial numbers visible; a cylinders may have actuation methods the United States. This is particularly description of the facility from which that are explosive in nature as they are important given the existence of the used ODS originates, including intended to release the contents of the stockpiles of virgin halon, for example information regarding what is produced cylinder in ten seconds or less. They halon 1211,31 and the ongoing at the facility, the location of the also have pressures as high as 600 production of halon for use as a facility, and how long the facility has pounds per square inch and if actuated feedstock.32 The Agency may consider if been in the location; a description of accidentally can be extremely there are ways to establish such each unit from which the used ODS dangerous. HRC states that there is no flexibility while ensuring compliance originates; links to websites showing safe way to sample these cylinders for with the CAA and Montreal Protocol brochures, photographs, and/or purity testing without completely and may decide that it is appropriate to descriptions of each different unit from emptying the contents of the cylinder. propose additional changes in a future which the used ODS originates; copies HRC acknowledges that halon stored in rulemaking. of the original, signed work orders bulk tanks can be sampled and purity The EPA is thus revising the authorizing collecting of the used ODS; information could be provided but regulations at 40 CFR 82.3 to add a copies of the paperwork showing that asserts that this would not be an definition for ‘‘halon bank’’ to mean a the company completed the work; effective method to distinguish between facility run by a national government or copies of payment to the company that new and used halons because in some privately run and authorized by a collected the used ODS for their cases used halons are imported in bulk national government that collects and services, with redactions for after being reclaimed to industry stores previously-recovered halon for confidential or sensitive information specifications, and purity sampling reuse at a later date. As described in 40 such as bank account numbers; copies could result in these halons being CFR 82.13(g)(2)(iii) and (xv), if used of business licenses from the deemed to be new when they are halon is stored in a halon bank, the government authorizing collection actually used. petitioner need not provide certain companies to do this type of work; and The Agency has considered the source information, though the information on how transport will occur comments from HRC and agrees that petitioner should provide it if available within the exporting country and to the requiring halon purity testing in some so as to better allow the EPA to verify United States. For used ODS from cases could unintentionally cause the that the halon is used. The petitioner Europe, the EPA could request a inadvertent release of halons. As a result must indicate that the halon is from a screenshot of the European Commission of the comments, the Agency now halon bank by providing an official export license; the name and contact understands that purity sampling of letter from the appropriate government information for the European halon held in bulk containers is almost Commission official who signed the always available and could be useful in 31 UNEP (2014). TEAP Report of the Halons Export License; and copies of all limited situations in combination with Technical Options Committee Vol. 3 2014 paperwork required for movement other information to help verify the Supplementary Report #2 Global Halon 1211, 1301, within the European Union, such as the material is used. Therefore, the EPA and 2402 Banking. Available at https:// intends to limit any purity testing ozone.unep.org/sites/default/files/2019-05/ ‘‘Notification document for HTOC%202014%20 transboundary movement/shipments of requests to halon that is in bulk Supplementary%20Report2%20- waste.’’ containers or in other situations where %20Global%20Halon%201211 The EPA is not collecting all such the purity testing should not result in %201301%20and%202402%20Banking.pdf. information for each petition and thus is unintended releases of halons. 32 UNEP (2018). TEAP 2018 Assessment Report. Available at http://conf.montreal-protocol.org/ not revising the regulatory text to HRC also commented on the Agency’s meeting/oewg/oewg-41/presession/Background- require that it be provided in every proposal to allow for an application for Documents/TEAP_2018_Assessment_Report.pdf. petition. However, the Agency does an export license in lieu of an actual

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export license. The commenter states demand for the HCFC–123-based fire separate process for importing mixed that some national governments do not suppression agent Halotron® I if the gases that contain ODS. provide such licenses and requests that Agency establishes a streamlined For other aspects of the proposed the EPA remove the provision in 40 CFR petition process for importing recycled changes to the import petition process 82.13(g)(2)(xii). For example, as noted in HCFC–123. American Pacific asserts for used ODS, the EPA did not receive the proposal Canada, the largest that source requirements for class II adverse comment. The EPA is finalizing exporter of used ODS to the United substances in 40 CFR 82.24(c)(3)(iv) are those proposed changes to the petition States, requires the EPA to approve the disproportionally burdensome and process to ensure accuracy, speed export before they issue an export hinder any recycled HCFC–123 import review, and facilitate the import of used license. As such, petitioners are only opportunity. Based on American ODS, while maintaining requirements able to provide the submitted Pacific’s consultations with major that help assure that the material being application for an export license with recyclers and reclaimers of HCFC–123, imported is used. In particular, the EPA their petition. Considering this, as noted the commenter states that many is updating the requested contact in the proposal, the Agency has worked reclaimers find the source information information by requiring email with Canada to accept the submitted requirements to be extremely addresses and removing fax numbers. application in lieu of the export license. burdensome. In response to comments The EPA is also requiring that However, as HRC notes, there may be supporting waiving source information petitioners provide the commodity code other countries that also require for class II substances, the EPA notes associated with the ODS to be imported. approval prior to export from the that it did not propose to relax the The commodity codes are classifications importing country such as a non- import petition requirements for class II for goods and services traded among objection notice. ODS. The Agency concludes that it countries. This will match the Agency’s The EPA recognizes that some would not be appropriate to extend this other import and export requirements in countries, including the United States, exemption to class II substances at this 40 CFR 82.13(g) and (h) and 82.24(c) do not require or provide export time because of continued global and (d) and help to ensure that the data licenses. However, most governments production of these substances and thus are correctly entered in Customs and do provide some form of the greater likelihood that virgin Border Protection’s Automated acknowledgement, such as a letter from material may be illegally imported into Commercial Environment and a national ozone unit noting the ability the United States under the guise of International Trade Data System (ACE/ to export or even an email being used. Source information ITDS). acknowledgement. The Agency does not requirements help to ensure that the As proposed, the EPA is also updating find it appropriate to remove all forms the commodity codes for HCFC–123 and of acknowledgement from the exporting imported substance is used by documenting for example the name, HCFC–124 in appendix K. The U.S. government in the petition process and International Trade Commission is disagrees with the suggestion to remove make, and model numbers of refrigeration and air-conditioning responsible for periodically updating 40 CFR 82.13(g)(2)(xii). An official the Harmonized Tariff Schedule of the communication from the government equipment from which the class II substance was removed. The Agency United States Annotated (HTSA). The acknowledging the export helps ensure HTSA provides the applicable tariff the petitioned amount is equal to or less has consistently taken measures to avoid illegal imports of virgin ODS and rates and statistical categories for all than the amount that arrives at the merchandise imported into the United United States port of entry. This process has typically only considered relaxing any import requirements for used States. It is based on the international also allows for the government of the Harmonized System, the global system exporting country to evaluate the effects material after production and consumption phaseouts. The EPA may of nomenclature that is used to describe of the export on their own fire most world trade in goods. This action suppression sector and hold consider proposing to extend exemptions for source requirements in conforms the commodity codes for consultations ahead of concurring with HCFC–123 and HCFC–124 in the the export. Therefore, the Agency is 40 CFR 82.24(c)(3)(iii) through (vi) for class II substances or otherwise appendix with those currently in effect amending 40 CFR 82.13(g)(2) and and in use by the U.S. International 82.24(c)(3) to allow importers of used providing flexibility for these requirements to make the process less Trade Commission. class I and class II substances, The existing regulations for petitions respectively, to provide in lieu of an burdensome in a subsequent rulemaking potentially closer to the global for imports of used material also require export license, as is required under the that if the imported substance is existing regulations, either an production and consumption phaseout for HCFCs. intended to be sold as a refrigerant, the application for an export license or an petition must include contact official communication from the National Refrigerants suggests that the information for the U.S. reclaimer who appropriate government agency. The EPA include a provision to facilitate the will bring the material to the standard option of providing an official import and reclamation of used HFCs required under section 608 of the CAA communication is a change from the that contain a trace amount of class I and 40 CFR part 82, subpart F,34 if it is proposal, resulting from the information ODS. The EPA responds that not already reclaimed to those provided by the commenter highlighting establishing a process for importing specifications. The EPA is finalizing its for the EPA that some governments do used HFCs for reclamation is not proposal to add ‘‘EPA-certified’’ to the not require or provide export licenses. necessary as no allowances are needed description of reclamation facilities in As proposed, the EPA is also finalizing 33 to import HFCs. In this circumstance, the provisions containing this a requirement for an English translation the importer would need to petition for requirement, 40 CFR 82.13(g)(2)(xiii) of the export license application, export the used ODS portion of the mixture. and 82.24(c)(3)(xiii). This will highlight license, or official communication to The EPA did not propose to establish a facilitate the Agency’s review. 34 Clarifications to subpart F are being finalized The Agency also received a comment 33 Reporting of HFC imports is required under in 40 CFR 82.13(g)(2)(xiii) to match 40 CFR from American Pacific, which states other EPA regulatory requirements, see https:// 82.24(b)(2)(xiii). This was not addressed in the they could better meet the servicing www.epa.gov/ghgreporting. proposal.

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the existing expectation for petitions to import and testing of more types of in 40 CFR 82.3. Aircraft halon bottles import used material to be sold as a aircraft halon bottles for hydrostatic are not considered controlled products refrigerant that the reclamation facility testing, the EPA is extending the because they do not function unless that will receive the material in the definition of ‘‘aircraft halon bottle’’ in connected to the onboard fire United States must be EPA-certified.35 40 CFR 82.3 to also include vessels suppression system. Rather they are Finally, the Agency is allowing containing halon 1211, as proposed. components of larger fire suppression flexibility for the timing of the import, Because the existing regulations in 40 systems used on aircraft (see 74 FR which is particularly useful when the CFR 82.13(g)(2) exempt aircraft halon 10185, March 10, 2009). The EPA also Agency issues non-objection notices bottles that are imported for hydrostatic lacks information on how these vessels towards the end of the year. The EPA testing from the import petition process, are currently being imported, such as previously required the import to occur revising this definition would extend whether the imports have historically in the same control period (i.e., calendar this exemption to such vessels been approved through the import year) that the non-objection notice was containing halon 1211. This exemption petition process, what the quantity of issued. However, this can result in facilitates proper maintenance of bottles aircraft halon bottles imported for this petitioners postponing their requests containing halon 1211 and allows purpose might be, and the frequency of until the start of the next year. To avoid transit and testing to occur more quickly petitions by the aviation industry to that unnecessary delay, the EPA for such bottles. Promoting proper determine the burden reduction proposed to provide importers one year maintenance of these additional fire opportunity. The EPA also lacks a from the date stamped on the non- suppression devices helps ensure the description of restocking and customer objection notice to import that bottles operate correctly to extinguish returns and how this contributes to shipment. The EPA received one fires on aircraft. Proper maintenance of safety and maintenance of these aircraft comment, from HRC, in support of the storage vessels also prevents the halon bottles. All of this information providing flexibility on the timing of accidental emission of this high-ODP would be useful in considering whether imports. The commenter states that the compound. The EPA notes that the to consider proposing a change to the requirement that the import occur in the exemption of imports of aircraft halon exemption for aircraft halon bottles in a same calendar year can cause logistical bottles containing halon 1211 for future rulemaking. challenges. To avoid such delays and hydrostatic testing only exempts them logistical problems, the EPA is from the petition process. iii. Imports for Destruction finalizing this change as proposed. Recordkeeping and reporting are This portion of the document ii. Changes to the Exemption for the currently required, and will continue to discusses two sets of changes to the Import Petitions Process for Hydrostatic be required, for the import and export import process for ODS specifically Testing of aircraft halon bottles. Importers of imported for destruction, which were such bottles also still need to maintain proposed and are being finalized.37 As noted above, the EPA proposed to import records, as set forth in 40 CFR First, the EPA is establishing a exempt aircraft halon bottles containing 82.13(g)(1) and submit quarterly reports streamlined approach for importing halon 1211 from the import petitions within 30 days of the end of the used ODS for destruction called the process when being imported for applicable quarter in accordance with Certification of Intent to Import ODS for hydrostatic testing. The proposal would 40 CFR 82.13(g)(4). Destruction. Second, the EPA is allow the same exemption for aircraft HRC comments that halon bottles extending that approach to virgin ODS, halon bottles containing halon 1211 as supplied by aerospace original as there was no existing mechanism already exists for halon 1301 aircraft equipment manufacturers (OEMs) to defined in the regulations for the EPA halon bottles. The EPA received service global aircraft fleets are to pre-approve import of virgin ODS for supportive comments on this proposal sometimes imported into the United destruction. The EPA received three from The Alliance and HRC and no States for purposes other than comments on its proposal to create this adverse comments; it also received hydrostatic testing (e.g., spares process for both used and virgin ODS. comments suggesting that the restocking, customer returns, etc.). HRC The Agency received supportive exemption be extended to aircraft halon states that such additional purposes comments on a streamlined approach bottles imported for other purposes. For tend to be intermittent, involve limited and extending the approach to virgin the reasons discussed below, the quantities, and in most cases involve material, but one commenter expresses Agency is finalizing the changes as equipment that was originally exported concern about the potential for illegal proposed. from the United States by the aerospace imports. After considering the The existing regulations at 40 CFR OEM. As such, HRC states they should comments, the Agency is finalizing 82.3 defined ‘‘aircraft halon bottle’’ 36 as not be subject to the same level of a vessel used as a component of an many of these provisions as proposed scrutiny as other used ODS imports. and is also adding requirements to aircraft fire suppression system The EPA is not making the revisions containing halon 1301. To facilitate the obtain more information on the chain of suggested in this comment as it is custody after ODS is imported under beyond the scope of this rulemaking and this process. 35 The EPA’s reclamation program is described at the EPA does not have enough https://www.epa.gov/section608/stationary- ODS from decommissioned refrigeration-refrigerant-reclamation-requirements. information about restocking or equipment, unwanted stockpiles, and 36 An aircraft halon bottle is considered a ‘‘used customer returns of aircraft halon mixtures that are contaminated and controlled substance’’ as defined in 40 CFR 82.3, bottles to support such a change. For cannot be reclaimed are often imported which is a controlled substance that has been example, the EPA currently lacks into the United States for destruction. recovered from its intended use system (and may information on what type of containers include controlled substances that have been, or Facilitating the destruction of ODS is may be subsequently, recycled or reclaimed). Halon would be imported for restocking or beneficial to the environment since it is placed into aircraft halon bottles and the bottles customer returns. Controlled products averts ODS emissions into the are then inserted into a fire suppression system. as defined in 40 CFR 82.3, which When the system is dismantled or the bottles are include fire extinguishers, are exempt removed from the system, the halon contained in 37 The EPA refers to the import of ODS intended the bottles is considered used since it was removed from the petitions process because they to be destroyed in the United States throughout this from the system. are not controlled substances, as defined document as ‘‘imports for destruction.’’

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atmosphere and thus supports the destroyed (40 CFR 82.13(k) and import petitions, as that information is overarching goal of Title VI to protect 82.24(e)). Importers are required to keep not necessary if the ODS is to be stratospheric ozone. The Montreal records on imports for destruction of destroyed. Instead, it is more important Protocol’s Scientific Assessment Panel ODS under 40 CFR 82.13(g)(1) and for the EPA to collect information from estimated that capture and destruction 82.24(c)(2) and to submit quarterly the petitioner about the destruction. In of CFC, halon, and HCFC banks 38 in reports, in accordance with 40 CFR particular, the Certification of Intent to 2015 could avoid 1.8 million ODP- 82.13(g)(4) and 82.24(c)(1). The Import ODS for Destruction finalized in weighted metric tons of future regulations contain an exception to the this rulemaking does not include the emissions through 2050 and return prohibition on import of virgin ODS following elements (which are included stratospheric chlorine levels at mid- without consumption allowances in the in the existing import petition process): latitudes to 1980 levels more than six case of imports for destruction but do information about all previous source years sooner than in the baseline not provide a specific process for such facilities from which the ODS was scenario.39 The EPA recognizes that imports. recovered; a detailed description of the there is ongoing commercial demand for To facilitate the importation of used previous use at each source facility and certain substances, as discussed earlier ODS for destruction, the EPA proposed a best estimate or documents indicating in this document with respect to halons to create a new petition process for the when the specific controlled substance and other ODS. Some ODS may, import of used and virgin ODS for was put into the equipment at each however, be unwanted and thus destruction, called a Certification of source facility; a list of the name, make susceptible to release; this risk may be Intent to Import ODS for Destruction, in and model number of the equipment higher when they are stored in countries 40 CFR 82.13(g)(5) and 82.24(c)(6). from which the material was recovered that do not have adequate capability to Under this proposed process, the at each source facility; contact properly reclaim or destroy them. A importer would submit the petition at information of all persons to whom the process for the import of ODS for least 30 working days before the material was transferred or sold after it destruction helps facilitate the shipment’s departure from the foreign was recovered from the source facility; destruction of such ODS and reduces port. After review, the EPA would send or a description of the intended use of the risk of such releases. Destruction of either a non-objection notice or an the ODS. unwanted ODS in the United States objection notice. The proposed period The EPA is omitting these information supports the ongoing availability of was shorter than the corresponding elements because they are collected for destruction options of ODS worldwide period for the import petition process, import petitions to verify that the and may also generate revenue for which is 40 working days from material is used, and the Agency domestic destruction facilities.40 More departure, because the petition would concludes it is not necessary to verify information on the destruction facilities contain less information for the EPA to that ODS is used if it is being imported that destroy ODS and their technologies review and verify. The proposal was for destruction. Simplifying the is available in the report in the docket based on the expectation that 30 information requirements decreases the titled ‘‘U.S. Destruction in the United working days is enough for the EPA to regulatory burden on existing importers States and Abroad.’’ review the petition and that this As discussed above, the EPA’s timeframe will not impede the import. who followed the import petition petition process for the import of used The Agency proposed to use the same process to import used ODS for ODS is designed to allow the Agency to objection notice conditions as in the destruction. In addition, the information verify prior use of the material so that existing petition process for importing requirements for petitions to import virgin ODS are not entering the United used ODS for reuse, such as if the used ODS had the potential to hinder States under the pretense of being petition provides insufficient imports for destruction if petitioners ‘‘used.’’ Under the existing regulations information or if it contains false or were unable to provide all the necessary at 40 CFR 82.13(g)(2) and 82.24(c)(4), misleading information. The EPA also information. Certain elements, such as anyone wishing to import used class I proposed to require that the petitioner information about each piece of or class II ODS, respectively, for submit a destruction verification 30 equipment or each source facility from destruction must submit a petition days after destruction under 40 CFR which the controlled substance was providing the same information as for 82.13(g)(6) and 82.24(c)(7). The Agency removed, might have been particularly any other petition to import used ODS. is finalizing the supporting prohibitions difficult for petitioners to provide It is then the obligation of the second- in 40 CFR 82.4(j)(2) and 82.15(b)(3) to because used controlled substances party destruction facility to provide a prohibit the import of ODS for intended for disposal are often part of a verification report to the importer or destruction without having received a mixture of chemical waste recovered producer that the material was non-objection notice consistent with the from a variety of systems and detailed new Certification of Intent to Import information pertaining to each system 38 As used here, ‘‘banks’’ refers to the total ODS ODS for Destruction.41 may not be available. Although the that have already been manufactured but not yet After considering the public Certification of Intent to Import ODS for released to the atmosphere. This can include ODS comments received, as described below, Destruction relaxes the information contained within closed cell foams, installed in appliances, held in original containers, etc. This the EPA is finalizing this process largely requirements for importing used ODS definition is broader than the definition of the term as proposed. The Agency is also making for destruction compared to the existing ‘‘halon bank’’ being finalized in this action. some changes to what was proposed import petition process, the EPA 39 UNEP. (2014) Scientific Assessment of Ozone based on its consideration of public concludes that this relaxation benefits Depletion: 2014 World Meteorological Organization comments. In general terms, this new the environment because companies Global Ozone Research and Monitoring Project— Report No. 55 pg. 1–416. Available at: https:// process omits collecting the detailed wishing to import used ODS into the www.esrl.noaa.gov/csd/assessments/ozone/2014/ source information that is required in United States for destruction will be report.html. able to do so more easily, and therefore 40 EPA. (2018) ‘‘U.S. Destruction in the United 41 The proposed regulatory text for 40 CFR more used ODS may be destroyed. This States and Abroad’’ pg. 1–63. Available at: https:// 82.4(j)(2) and 82.15(b)(3) included different is consistent with the overarching goal www.epa.gov/sites/production/files/2018-03/ proposed effective dates. The EPA is finalizing both documents/ods-destruction-in-the-us-and-abroad_ changes effective 30 days after publication of the of Title VI to protect stratospheric feb2018.pdf. rule to harmonize these requirements. ozone.

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To better ensure that the ODS is ensure that imports of virgin ODS for shipments of virgin ODS imported for destroyed, the EPA is adding provisions destruction are destroyed. destruction under a Certification of 40 CFR 82.13(g)(9) and (10) and Providing an established mechanism Intent to Import for Destruction, as well 82.24(c)(10) and (11) to require to import virgin ODS for destruction is as to shipments of used ODS. importers and intermediaries that beneficial to importers and the EPA. As for the import petitions process, aggregate ODS for destruction 42 to keep Having a transparent process that allows the Agency is finalizing revisions that certain records about the destruction of approval to occur before the shipment provide for flexibility for the timing of the ODS. In particular, the EPA is reaches the port facilitates such imports imports for destruction. In the previous requiring that importers of ODS for and reduces potential delays and costs petitions process, the EPA required the destruction maintain: A copy of the associated with the prior approach to import to occur in the same control certificate of intent to import for imports of virgin ODS for destruction, as period (i.e., calendar year) that the non- destruction; a copy of the non-objection well as providing more certainty as to objection notice was issued. The EPA is notice; a copy of the export license, which imports can proceed. In turn, this finalizing a provision that non-objection export license application, or official encourages imports of unwanted virgin notices issued for the Certification of communication from the appropriate ODS for destruction, potentially Intent to Import for Destruction allow a government agency; Customs and avoiding the emission of such ODS. As year from the date of the notice to Border Protection (CBP) entry noted above, this is consistent with an import the material. Therefore, once a documents for the import that must overarching goal of Title VI, to protect non-objection notice is issued, the include the commodity codes; records stratospheric ozone. The extension also person receiving the non-objection closes a gap in regulatory provisions for notice is permitted to import the of that date, amount, and type of the import of virgin material for individual shipment within a year of the controlled substance sent for destruction. As discussed previously in date stamped on the non-objection destruction per shipment; an invoice this document, the EPA originally notice. For instance, if a non-objection from the destruction facility verifying established the import petition process letter is date-stamped October 1, the shipment was received; and a copy of for used ODS to verify that virgin ODS import of that material could occur up the destruction verification. The EPA is was not being imported under the to and including September 30 of the requiring that intermediaries maintain: pretext of being used to circumvent the following year but not thereafter. This transactional records that include the regulatory requirements for expending provides flexibility to imports for name and address of the entity from consumption allowances. In the same destruction that may not operate on a whom they received the ODS and to way, the EPA concludes that a calendar year basis. whom they sent the ODS; records that mechanism is needed to verify that As noted above, the EPA received include the date and quantity of virgin ODS imported for destruction are three supportive comments for the controlled substances received and sent destroyed and that claims of importing portions of the proposed rule addressing for destruction; and a copy of the for destruction are not used to the Certification of Intent to Import for destruction verification if they are the circumvent the requirement to expend Destruction. The Agency also received final aggregator. consumption allowances. In addition, one comment suggesting changes to the The EPA is also extending the the EPA has historically used the proposed provisions. The first Certification of Intent to Import ODS for petition process as a mechanism to commenter suggesting changes to the Destruction to imports of virgin ODS for approve imports of used material for proposal requests that the Agency destruction. While modeled in large part destruction and has applied an require imports for destruction be sent on the petition to import used ODS, analogous but simpler process to directly to the destruction facility, there are also benefits to facilitating the imports of virgin material for instead of allowing for it to be sent to import of virgin ODS for destruction. destruction on a case-by-case basis. intermediaries. Specifically, ClimeCo, a Virgin ODS that are to be destroyed may Based on this experience and these company that assists in projects that be imported without consumption common goals for imports of used and destroy class I substances, states that allowances (see 40 CFR 82.4(d) and virgin ODS for destruction, the EPA several destruction facilities and offset 82.15(b)). However, under existing concludes that having the same process project developers have imported ODS regulations there was no established for imports for destruction of both used into the United States for destruction regulatory mechanism for the EPA to and virgin ODS is both feasible and but have not shipped it directly to the review and pre-approve those imports. appropriate. Furthermore, establishing a destruction facility. They state that the As such, shipments may have been held consistent regulatory process for used ODS was shipped to intermediate at the port while the EPA determined and virgin ODS simplifies the facilities before being ‘‘bulked up,’’ in whether the import is in fact bound for administration of this approach because other words aggregated with other ODS, destruction. In some instances, the same requirements generally apply and sent to a destruction facility. The proactive importers have petitioned the regardless of the type of ODS to be commenter states this could create Agency to import virgin ODS for imported for destruction. Thus, the EPA opportunities for bad actors to destruction and the EPA has allowed is finalizing the proposal to have the manipulate, re-direct, or re-sell the these imports on a case-by-case basis. same requirements for both used and imported ODS. ClimeCo suggests that However, the absence of an established virgin ODS in this new process. the EPA require the ODS entering the regulatory mechanism for such The EPA is also revising the United States be shipped directly to a approvals has created some uncertainty definitions of ‘‘individual shipment’’ destruction facility without any and ‘‘non-objection notice’’ at 40 CFR for these imports. Moreover, intermediate handling, processing, or 82.3, both of which previously referred establishing regulatory requirements for other activities. only to the import of used material. As The EPA agrees that it is important to such imports creates a mechanism to proposed, the EPA is amending these minimize the possibility that an ODS definitions by removing references to imported for destruction is diverted and 42 The discussion of the requirements for sold illegally rather than being intermediaries is included in the response to the ‘‘used’’ controlled substances, so that comment received from ClimeCo which is ‘‘individual shipment’’ and a ‘‘non- destroyed. The EPA notes that the discussed further below. objection notice’’ may apply to importer has an obligation to ensure that

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it identifies a destruction facility for all they include the required information. Section 604(c) directs the Administrator ODS imported for destruction, obtains a Additionally, the intermediary must to promulgate regulations to ‘‘insure destruction verification once the maintain a record of the destruction that the consumption of class I destruction is complete, and submits verification if they are the final substances in the United States is that verification to the EPA. It is intermediary to receive the ODS prior to phased out and terminated’’ in ultimately the importer’s responsibility destruction. These additional provisions accordance with the applicable to ensure the imported ODS is destroyed are intended to address the concern schedules for the phaseout and in the required time frame, regardless of raised in comments on the proposal termination of production of class I whether they engage an intermediate about the potential for material being substances under the CAA. Similarly, aggregator to facilitate the destruction. diverted during the aggregation process. section 605(c) directs the Administrator In light of these responsibilities, the Further, establishing mechanisms to to promulgate regulations to ‘‘insure EPA disagrees that it is necessary to ensure that key information from both that the consumption of class II prohibit intermediaries from aggregating importers and intermediaries is substances in the United States is ODS in a manner that facilitates available to the EPA helps meet the phased out and terminated’’ in destruction. However, after considering Agency’s ability to fully track the chain accordance with the applicable this comment, the EPA concludes that of custody of imported ODS for schedules for the phaseout and additional provisions are appropriate to destruction and ensure that it is termination of production of class II address the concerns about the potential destroyed, consistent with the goals substances under the CAA. for material being diverted during the described in the proposal. The EPA ‘‘Consumption’’ is defined in section aggregation process. As discussed concludes that these provisions 601 of the CAA as the amount of a previously in this document and in the combined will allow for the EPA to substance produced in the United proposal, a mechanism is needed to check compliance and determine States, plus the amount of that verify that virgin ODS imported for whether ODS imported for destruction substance imported, minus the amount destruction are destroyed and that is actually destroyed, even if it is exported. claims of importing for destruction are aggregated prior to destruction. The EPA remains concerned about the potential for illegal import of ODS. This not used to circumvent the requirement iv. Prohibiting the Sale of Illegal Imports to expend consumption allowances and concern is based largely on the risk that it also discussed the benefits of The EPA proposed to prohibit the sale such illegal imports would interfere of illegal imports. The Agency received establishing the same process for with the already-completed phaseout of supportive comments on this proposal imports of used and virgin ODS for consumption of class I substances and and no adverse comments. However, destruction. (See 84 FR 41533, August the ongoing phaseout of consumption of one commenter requested that the EPA 14, 2019). EPA is therefore requiring class II substances. ODS that is imported prohibit the sale of disposable cylinders. importers to provide in the Certification without allowances generally counts For the reasons described in below, the of Intent to Import ODS for Destruction toward the United States’ consumption Agency is finalizing the prohibition as the contact information of all persons cap unless additional action is taken to proposed. remove the ODS from the U.S. market who will aggregate ODS prior to it being Based on the EPA’s experience with sent to the destruction facility. Thus, the (e.g., the illegally imported ODS is the CFC phaseout, the incentive to destroyed or re-exported in the same entire chain of custody from import to illegally import class II substances will destruction must be known by the year). There are no allowances for class continue to increase after the allocation I ODS as they have all been phased out. importer and the EPA prior to the EPA for HCFC–22 reaches zero in 2020. Furthermore, following the 2020 authorizing the import. Providing this HCFC–22 is the most widely used HCFC stepdown, there is a greater risk that information to the EPA helps the in the United States and the EPA illegal imports of HCFC–22 not Agency track the chain of custody of anticipates continued demand for destroyed or re-exported could cause an imported ODS for destruction and HCFC–22 beyond 2020. In addition, exceedance of the cap set forth under ensure that it is destroyed. Providing there continues to be risk of illegal the Montreal Protocol and CAA. this information is less burdensome to imports of class I substances. To allow To address this concern, as proposed, an importer than not allowing for better enforcement of these the EPA is strengthening its ability to aggregation of imported ODS for requirements, the EPA proposed to add enforce the phaseout of ODS by adding destruction, as the commenter suggests. to 40 CFR 82.4(s) and 82.15(g)(8) an at 40 CFR 82.4(s) and 82.15(g)(8) an Thus, the EPA is finalizing provisions at express prohibition against the sale or express prohibition against the sale or 40 CFR 82.13(g)(5) and (10) and distribution, or offer for sale or distribution, or offer for sale or 82.24(c)(6) and (11). distribution, of any class I or class II distribution, of any class I or class II To ensure accountability and allow substance, respectively, that the seller substance, respectively, that the seller for the Agency to verify, as needed, the knows, or has reason to know, was knows, or has reason to know, was material that intermediaries receive is illegally imported into the United imported into the United States in transferred for destruction, the EPA is States.43 violation of the import regulations.44 finalizing additional requirements in 40 In finalizing this proposal, the EPA is These revisions to the regulations clarify CFR 82.13(g)(10) and 82.24(c)(11). relying primarily on its authority under that it is illegal to sell or distribute any Intermediaries aggregating ODS after it sections 604(c) and 605(c) of the CAA. material that the seller knows or had is imported, but prior to destruction, reason to know was imported into the must keep records of the name, address, 43 The EPA has previously issued restrictions on United States without expending the date, and amount of imported ODS sale as a means for implementing restrictions on consumption. See, e.g., 40 CFR 82.4(h) (‘‘No person appropriate consumption allowances or bound for destruction that they receive may sell in the U.S. any Class I controlled substance otherwise qualifying for an exemption from another entity and transfer to produced explicitly for export to an Article 5 another entity. These records could country’’); 82.4(n)(2) (‘‘Any person selling unused 44 The proposed regulatory text for 40 CFR 82.4(s) include sales or other transactional class I controlled substances produced or imported and 82.15(g)(8) included different proposed under authority of essential-use allowances or the effective dates. The EPA is finalizing both changes records already generated during the essential-use exemption for uses other than an effective 30 days after publication of the rule to normal course of business, so long as essential-use is in violation of this subpart.’’). harmonize these requirements.

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provided for in the regulations (e.g., for that the EPA prohibit the sale of i. Electronic Reporting and Changes to transformation or destruction, or for disposable cylinders. EIA states that the Reporting Requirements in 40 CFR 82.3, used ODS). The revisions also explicitly majority of known ODS smuggling cases 82.13, 82.14, 82.23, and 82.24 state that every kilogram of illegally are facilitated by the use of disposable The EPA proposed to require that imported material sold or distributed, or cylinders, also referred to as ‘‘non- reports, petitions, and related reports be offered for sale or distribution, refillable containers.’’ Disposable submitted through Central Data constitutes a separate violation. They cylinders are containers charged with Exchange (CDX), and the Agency also include an exception for actions refrigerant, sold, used for servicing or proposed to consolidate and harmonize that are needed to re-export the commissioning equipment, and then requirements for class I and II controlled substance in such a situation. discarded. The Agency responds that substances for ease or reporting. The The intent of this change is to strengthen the EPA’s ability to enforce EIA’s suggestion is beyond the scope of Agency received supportive comments against illegal trade, which in turn helps this rulemaking because it was not on this proposal and no adverse ensure that consumption remains under included in the proposed rule and that comments. For the reasons described the Montreal Protocol and CAA caps.45 the Agency does not believe it prudent below, the Agency is finalizing these This change also increases the EPA’s at this time to act on the suggestion requirements as proposed. compliance and enforcement options without soliciting input from refrigerant The EPA is finalizing as proposed the where the Agency is not able to identify distributors and other affected requirements for the use of the Agency’s the importer. For example, these stakeholders. The Agency may consider CDX to submit reports electronically. provisions facilitate the EPA’s ability to in the future whether a ban on The compliance date for this pursue investigations where distributors disposable cylinders could guard requirement is 30 days after the publication of the final rule in the or other sellers of CFCs attempt to sell against illegal import of refrigerants and Federal Register, in part to ensure that virgin CFCs in the domestic market may consider proposing such a stakeholders have adequate time to knowing that they were imported into prohibition in a future rulemaking. the United States after the phaseout of register in CDX. To achieve this, the EIA also commented that the EPA CFCs, which occurred in 1996, without EPA is updating the definition of qualifying for any exemption from the should work more closely with other ‘‘Administrator’’ in 40 CFR 82.3, consumption phaseout. Actions taken agencies to help prevent illegal imports. defining ‘‘Central Data Exchange’’ in against such distributors not only The EPA responds that the Agency has § 82.3, adding a new section at § 82.14 address their violations but could also worked closely with other agencies and with instructions on the process for allow the Agency to gather the in particular with CBP to ensure electronic reporting, and revising necessary information to identify the compliance with the phaseout of ODS provisions at §§ 82.13(c) and 82.24(a)(1) smuggler who illegally imported the under sections 604, 605, and 606 of the to indicate that reporters must comply material in the first place and to pursue CAA. Historically, the Agency has with the requirement to report compliance and enforcement action participated on interagency tasks forces electronically through CDX. Thus, the against them under existing authorities to address potential illegal imports of EPA is amending the definition of in 40 CFR 82.4 and 82.15, which will ODS. Recent illegal imports have ‘‘Administrator’’ to note that electronic help deter illegal imports. Avoiding demonstrated to the Agency that reporting is required for the reports and illegal imports helps to maintain the additional regulatory clarity is needed petitions that are available in CDX, which includes the majority of reports complete phaseout of class I ODS and to address the potential for domestic under subpart A, as well as the import achieve the phaseout of class II ODS, distribution of illegally imported petitions and the Certification of Intent which is consistent with sections 604(c) material, as such material would and 605(c) of the CAA, as well as with to Import ODS for Destruction. The EPA generally be considered consumption. is also adding the definition of ‘‘Central the overarching goals of Title VI of the After considering all the comments on CAA. Data Exchange’’ in § 82.3 and providing This change also encourages this issue, the Agency is finalizing its instructions on how to register in CDX distributors to be more cautious when proposal to prohibit the sale or and submit information electronically in purchasing ODS that seem suspiciously distribution or offer for sale or § 82.14. priced or packaged. Since the phaseout distribution of illegally imported ODS The Agency has provided the option of class I ODS, the EPA has warned in 40 CFR 82.4(s) and 82.15(g)(8), for the of electronic reporting for most distributors of the risk of purchasing reasons discussed above. submissions since 2008, and many stakeholders have transitioned to an black market ODS and provided I. Electronic Reporting and Updates to information on ways to identify electronic reporting system. The Other Provisions of the Production and illegally-imported material. While the regulatory changes reflect the current Consumption Control Program incentive to circumvent the import practices of the vast majority of controls will always exist, the EPA The EPA proposed to require the use reporting entities. Electronic reporting intends for these provisions to reduce of an electronic reporting system for allows for faster review and the market for smuggled ODS, which producers, importers, exporters, transmission of submissions to the EPA. will reduce illegal imports. transformers, and destroyers of ODS in Additionally, all information submitted The Agency received supportive electronically is linked in an improved 40 CFR 82.3, 82.13, 82.14, 82.23, and comments from The Alliance and tracking system, which facilitates 82.24 and to clarify the certification National Refrigerants. EIA submitted document management and allows requirements for methyl bromide supportive comments also requesting companies to more easily manage past quarantine and preshipment uses in 40 and future submissions. 45 The addition of these prohibitions to the CFR 82.4 and 82.13. The EPA did not The EPA monitors company regulatory text does not change any regulated receive any adverse comments on these compliance, in part, through the entity’s obligations under the existing statutory and proposals. For the reasons discussed regulatory provisions, nor does it limit the Agency’s recordkeeping and reporting regulations ability to enforce, or to take measures to assure below, the EPA is finalizing these at 40 CFR 82.13 and 82.24. The compliance with, the existing provisions. provisions as proposed. regulatory changes in this final rule will

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ease the reporting burden. For example, 82.20, companies may submit a request The EPA’s regulations implementing the EPA is removing reporting elements for additional consumption allowances section 604(h) of the CAA set January 1, in 40 CFR 82.23(a)(i)(F) and if they export class II substances that 2005 as the production and import 82.24(b)(1)(iv) and (c)(1)(vi) that require were previously produced in or phaseout date for methyl bromide (40 the reporter to calculate values from imported into the United States using CFR 82.4(b), (d)). Certain exceptions data already provided. Requiring this is consumption allowances. The existing apply, including an exemption for unnecessary because the requirement to regulatory text at 40 CFR 82.24(d)(1) methyl bromide produced or imported report electronically through CDX excluded quarterly reporting for those for quarantine and preshipment means these values can automatically be RACAs even though exporters do applications. Quarantine applications calculated and populated. This will save typically include those exports in their and preshipment applications are both reporting entities time in reporting and quarterly reporting. Thus, for ease of defined at 40 CFR 82.3. Quarantine reduce errors in submissions. The EPA review by the EPA, and for consistency applications are treatments to prevent is also finalizing a change in 40 CFR of reporting by exporters, the Agency is the introduction, establishment, and/or 82.13(h)(1)(iii) and 82.24(d)(1)(iii) 46 to finalizing a requirement that all exports spread of quarantine pests (including report the quantity (rather than the be included in the quarterly export diseases), or to ensure their official percentage) of used, recycled, or report even if the EPA had issued control. These can include commodities reclaimed class I and class II substances. additional consumption allowances to entering or leaving the United States or This change improves consistency with the exporter for that export. The EPA is any State (or political subdivision the importer reporting requirements and also amending the reporting thereof). Preshipment applications are corresponds with the way companies requirements at 40 CFR 82.13(v) to add those non-quarantine applications report their annual data. It also the contact information for the source applied within 21 days before export to streamlines the exporter reporting forms company from which the material was meet the official requirements of the by eliminating the need for an entity to purchased and the laboratories to whom importing country or existing official calculate a percentage. The EPA is also the material is sold. Lastly, the EPA is requirements of the exporting country. removing references to expended and revising class I reporting requirements The recordkeeping and reporting unexpended production and for exporters by replacing the term regulations relating to QPS methyl consumption allowances at 40 CFR ‘‘Employee Identification Number’’ with bromide appear at 40 CFR 82.13 and 82.13(f)(3)(iv) and (g)(4)(vii), as they can the correct term ‘‘Employer establish specific requirements for be calculated automatically with the use Identification Number’’ in 40 CFR producers, importers, distributors, and of electronic reporting forms. 82.13(h). applicators, including in some instances Other regulatory changes to the a written certification that the methyl recordkeeping and reporting provisions ii. Changes to Methyl Bromide bromide will be used only for QPS harmonize the requirements for class I Provisions in 40 CFR 82.4 and 82.13 applications in accordance with the and class II substances. For example, definitions in 40 CFR 82.3. As discussed in more detail in the First, the Agency is adding an express under the existing regulations, the preamble to the proposed rule, the EPA timeframe that submitters have to make statement at 40 CFR 82.4(r) that no proposed several changes to the QPS person may sell or use QPS methyl revisions to forms for class I and class provisions under section 604(d)(5) of II substances is not the same. The EPA bromide for any purpose other than QPS the CAA. In part, these changes were applications. The existing regulations at is adding a provision for reports for proposed in response to the misuse of class I substances under 40 CFR 82.13 40 CFR 82.13(y)(1) and (z)(2) require QPS methyl bromide by applicators and certification statements from that revisions can be made within 180 distributors in the U.S. Virgin Islands days of the end of the applicable distributors, applicators, commodity and Puerto Rico, which led to human owners, shippers or their agents that reporting period. This change is exposures and life-altering illnesses for consistent with the previously methyl bromide ‘‘will be used only for some of the people exposed. Methyl quarantine and preshipment established regulations in 40 CFR 82.24 bromide is highly toxic. Studies in for revisions to reports for class II applications.’’ Similarly, 40 CFR humans indicate that the lung may be 82.13(f)(2)(xviii) and (xix) describe the substances. Likewise, the EPA is severely injured by the acute (short- exempted quantities of methyl bromide revising 40 CFR 82.13 and 82.24 to term) inhalation of methyl bromide. as ‘‘produced solely for quarantine and clarify that forms for both class I and Acute and chronic (long-term) preshipment applications.’’ The EPA class II ODS must be submitted inhalation of methyl bromide can lead interprets this existing text as already electronically through CDX within 45 to neurological effects in humans. To prohibiting the use of methyl bromide days of the end of the control period to help prevent future exposures stemming produced or imported under the QPS harmonize the reporting timeframes for from misuse of QPS methyl bromide exemption for any uses other than QPS the two classes of ODS. and protect human health, the EPA is applications. However, the EPA is The EPA is amending 40 CFR finalizing revisions to the QPS adding an express statement of the 82.24(d)(1) to clarify that exporters who provisions to: (1) Clarify that it is a prohibition at 40 CFR 82.4(r) to provide submit a Request for Additional violation to sell or use methyl bromide clarity to this prohibition; this revision Consumption Allowances (RACA) must produced under the QPS exemption for does not change the existing still include that export on their any uses other than QPS applications; requirements. The revisions at 40 CFR quarterly exporter report. Under 40 CFR (2) extend the existing certification 82.4(r) also explicitly state that every requirement to all purchasers of QPS 46 kilogram of methyl bromide produced The preamble to the proposed rule discussed methyl bromide; and (3) make non- the EPA’s intent to make this change at both 40 CFR or imported under the authority of the 82.13(h) and 82.24(d), though the regulatory text substantive changes to 40 CFR 82.4 and QPS exemption and sold or used for a accompanying the proposal contained text for only 82.13 to improve readability. The use other than QPS is a separate 40 CFR 82.13(h)(1)(iii). In order to ensure that the Agency did not receive any comments violation. regulatory revisions fully implement the objective on these proposed provisions. For the Second, the EPA is finalizing as described in the preamble to the proposal, the EPA is revising 40 CFR 82.24(d)(1)(iii) in this final action reasons discussed below, the Agency is proposed the extension of the existing to include the prohibition described above. finalizing these revisions as proposed. certification requirement to all

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purchasers of QPS methyl bromide, requirement to also require such a throughout 40 CFR 82.4 and 82.13. including purchasers who purchase for certification when the material is ‘‘Class I, Group VI controlled further distribution. Under the existing purchased or received from a substances’’ is how methyl bromide is recordkeeping and reporting distributor. Likewise, the EPA is classified under the EPA’s regulations in requirements at 40 CFR extending the existing requirement that appendix A to subpart A, but methyl 82.13(f)(2)(xviii), producers of methyl such distributors receive from any bromide is the only compound within bromide must maintain certifications applicator, to whom they sold or this category. Using the common name that methyl bromide produced for QPS delivered the methyl bromide, a will improve the readability of the QPS applications has been purchased by certification, prior to delivery of the regulations. distributors or applicators to be used quantity, stating that the quantity will J. Addition of Polyurethane Foam only for QPS applications. Under 40 be used or sold solely for quarantine or Systems Containing CFCs to the CFR 82.13(y), distributors of QPS preshipment applications in accordance Nonessential Products Ban methyl bromide must certify when they with definitions in subpart A. The EPA purchase or receive QPS material from is extending this requirement to sales The EPA proposed to add producers and importers that the and deliveries to any exporter or polyurethane foam systems containing controlled substances will be used only distributor. The Agency is not making CFCs to the list of nonessential products for QPS applications. Applicators of parallel revisions for exporters because at 40 CFR part 82, subpart C. The QPS methyl bromide must also certify to the invoice or sales agreement required Agency received supportive comments distributors that the controlled in 40 CFR 82.13(h)(2)(viii) is adequate from The Alliance and EIA and is substance will only be used for QPS for this purpose. finalizing as proposed for the reasons applications under the existing The EPA is also finalizing a revision discussed below. This provision has the regulation at 40 CFR 82.13(z). that the distributor certify that the effect of prohibiting the sale or The purpose of this certification distributor is selling the material for a distribution, or offer for sale or requirement when established was to QPS application rather than certify that distribution, of any polyurethane foam ensure that anyone selling or purchasing it will be used for a QPS application, as system containing CFCs in interstate QPS methyl bromide verified that they is required in the existing regulations. commerce. will comply with requirements under This will better align the rule text with Historically, CFC–11, CFC–12, and Title VI of the CAA (see 66 FR 37760, the distributor’s role. The proper sale of CFC–114 were used as foam blowing July 19, 2001). However, the EPA the material is within the distributor’s agents, but CFC production has been identified a gap in this certification control whereas the use may not be, globally phased out since 2010. chain when the material is sold through given that the material may be resold by Nevertheless, an unexpected increase of multiple distributors before reaching the another distributor and applied by an CFC–11 emissions has been detected in applicator. When one distributor sells to end user or third-party applicator. the atmosphere. Recent reports indicate a second distributor, neither distributor Third, the EPA is finalizing as that this is the result of new production was required to certify or maintain a proposed non-substantive changes to 40 of CFC–11 in China likely for use in certification that the material will be CFR 82.4 and 82.13 that improve foams.47 48 49 50 51 Except for feedstock used only for a QPS application. The readability and clarity. The EPA is applications, production and import of sales and misapplications of QPS editing 40 CFR 82.13(h)(2), which CFCs has been prohibited in the United methyl bromide in Puerto Rico and the contains the recordkeeping States and many other countries since U.S. Virgin Islands demonstrate that requirements for exporters of certain 1996 52 and globally production and distributors may not have been aware of, ‘‘types’’ of methyl bromide by consumption of CFCs have been phased or may have ignored, the limitations on companies that did not produce the out since 2010 under the Montreal the use of this material. The EPA is material. The EPA is making edits to extending the certification requirement clarify what is meant by ‘‘type’’ of 47 Montzka, S.A., Geoff S. Dutton, G.S., Yu, P., methyl bromide. The final rule more Ray, E., Portmann, R.W., Daniel, J.S., Kuijpers, L., to all purchasers of QPS methyl Hall1, B.D., Mondeel, D., Siso, C., Nance, J.D., bromide. This is meant to help ensure clearly states that the provision requires Rigby, M., Manning, A.J., Hu, L., Moore, F., Miller, that distributors are knowledgeable reporting of the quantity of methyl B.R., and Elkins, J.W. ‘‘An unexpected and about the requirements for the sale of bromide exported for transformation, persistent increase in global emissions of ozone- QPS methyl bromide. Distributors are destruction, critical use, and QPS uses. depleting CFC–11’’ Nature 557; (2018): 413–429. 48 WMO. (2018) Scientific Assessment of Ozone more likely to make themselves aware of These are the only exempted uses of Depletion: 2014 World Meteorological Organization those requirements, and to be mindful methyl bromide, and this statement Global Ozone Research and Monitoring Project— of the fact that QPS methyl bromide can matches the information requested in Report No. 55 pg. 1–416. Available at: https:// the existing reporting forms. The EPA is www.esrl.noaa.gov/csd/assessments/ozone/2014/ be used only for QPS applications, if report.html. they are required to sign a certification removing the requirement in the 49 Environmental Investigation Agency (EIA). addressing these requirements and to existing provision that exporters state (2018) Blowing It: Illegal Production and Use of provide it before each purchase. This how much of the exports are of ‘‘used, Banned CFC–11 in China’s Foam Blowing Industry. will fill the gap in the distribution chain recycled or reclaimed material.’’ Unlike Available at: https://eia-global.org/reports/ 20180709-blowing-it-illegal-production-and-use-of- and ensure the original intent of the other ODS, methyl bromide is a product banned-cfc-11-in-chinas-foam-blowing-industry. regulation is implemented. that is registered and controlled under 50 Rigby, M. et al. ‘‘Increase in CFC–11 emissions More specifically, the EPA is the Federal Insecticide, Fungicide, and from eastern China based on atmospheric extending the existing requirement in 40 Rodenticide Act (FIFRA) and thus is not observations.’’ Nature 569.7757 (2019): 546–550. CFR 82.13(y) that every distributor of sold ‘‘used’’ or ‘‘recycled’’ or 51 UNEP. (2019) Decision XXX/3 TEAP Task Force Report on Unexpected Emissions of QPS methyl bromide certify to the ‘‘reclaimed.’’ Therefore, these adjectives Trichlorofluoromethane (CFC–11). Available at producer or importer from whom the are not applicable to methyl bromide http://conf.montreal-protocol.org/meeting/mop/ distributor purchased or received the and this phrase is not needed. mop-31/presession/Background%20Documents/ material that quantities purchased or Lastly, the EPA is replacing references TEAP-TF-DecXXX-3-unexpected_CFC11_emissions- received will be sold only for quarantine to ‘‘class I, Group VI controlled september2019.pdf. 52 Historically, limited amounts of CFC applications or preshipment substances’’ with ‘‘methyl bromide’’ production and consumption were authorized after applications. The EPA is extending this where appropriate for readability the phaseout for essential uses.

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Protocol. The nonessential products ban surface such as a roof or tank, usually Section 610 further states that in implemented under section 610 of the to provide thermal insulation. These determining whether a product is CAA already prohibits sale or polyurethane foam systems are nonessential, the EPA shall consider the distribution, and the offer for sale or packaged and sold as complete systems, following criteria: ‘‘the purpose or distribution, of certain products containing all the ingredients including intended use of the product, the manufactured with or containing CFCs, the polyisocyanate and the blowing technological availability of substitutes including most plastic foam products. agent. for such product and for such class I After reviewing the EPA’s import A polyurethane foam system is not a substance, safety, health, and other restrictions and the nonessential bulk ODS because the ODS is contained relevant factors.’’ The CAA requires the product ban, the Agency identified the in a system and packaged as a product. EPA to consider each criterion listed in potential for sale or distribution, or offer Under the regulations in subpart A, bulk section 610 but does not establish either for sale or distribution, of imported CFCs are a ‘‘controlled substance’’ and a ranking or a methodology for polyurethane foam systems 53 thus are subject to import controls such comparing their relative importance, nor containing illegally-produced CFCs. The as the consumption allowance regime does it require that any minimum EPA is not currently aware of any under 40 CFR 82.4. However, the standard within each criterion be met. imports of CFC–11 polyurethane definition of ‘‘controlled substance’’ in Thus, section 610 provides the EPA systems into the United States, but the 40 CFR 82.3 excludes ‘‘any such discretion in determining how to Agency is finalizing revisions to amend substance or mixture that is in a consider the listed criteria and the the list of nonessential products in 40 manufactured product other than a relative weight to give to each. In CFR 82.66 to address this gap and to container used for the transportation or addition, section 610 gives the EPA ensure that the United States does not storage of the substance or mixture.’’ latitude to consider ‘‘other relevant inadvertently contribute to demand for Because the CFCs in a polyurethane factors’’ beyond the specific criteria set CFCs and prevent CFC emissions in the foam system are contained in a system forth in the statute. United States. The EPA is also adding that is sold as a product, they are not As indicated above, polyurethane a definition of ‘‘polyurethane foam subject to the same import controls as foam systems are products that release systems’’ in 40 CFR 82.62 to correspond bulk CFCs. If polyurethane foam blowing agent to the environment with the amendment to the list of systems are imported and sold through during use. If CFCs are used as the nonessential products. distribution chains in the United States, blowing agent, they would be emitted The EPA is also adding in 40 CFR they could result in emissions of CFCs during the use of such systems. In 82.64(h) a prohibition on the sale or during their use. These foam systems taking this final action to add distribution, or offer for sale or are also distinct from a plastic foam polyurethane foam systems containing distribution, of the products identified product in that the foam product has CFCs as a nonessential product, the EPA as being nonessential in § 82.66(f). already been blown. Plastic foam considered the purpose or intended use While the EPA did not include specific products manufactured with or of these systems, the technological text for the prohibition at 40 CFR containing a CFC are already listed as a availability of substitutes, and safety 82.64(h) in the proposal, the Agency nonessential product at 40 CFR 82.66(c) and health considerations. The first discussed in the proposal that the and are banned from sale or criterion, the purpose or intended use, proposed changes would prohibit the distribution, and from being offered for relates to the importance of the product, sale or distribution, or offer for sale or sale or distribution, in interstate in terms of benefits to society, distribution, of polyurethane foam commerce at 40 CFR 82.64(c). specifically whether the product is systems containing CFCs (see, e.g., 84 The revisions to the nonessential sufficiently important that the benefits FR 41535, August 14, 2019). In order to product ban in this rulemaking are of its continued production outweigh ensure that the regulatory revisions fully made under section 610 of the CAA, the associated danger from the implement the objective described in titled ‘‘Nonessential products continued use of a class I ODS in it, or the preamble to the proposal, the EPA containing chlorofluorocarbons.’’ That alternatively, whether the product has is revising 40 CFR 82.64(h) in this final statutory section directs the EPA to little benefit, such that even a lack of action to include the prohibition issue regulations identifying available substitutes might not prevent described above. This revision is wholly nonessential products that ‘‘release class the product from being considered consistent with the description of the I substances into the environment nonessential. While foam products, EPA’s intent for this regulation as set (including any release occurring during particularly closed-cell rigid forth in the preamble to the proposal. manufacture, use, storage, or disposal)’’ polyurethane foams, have provided With respect to the added definition, and ‘‘prohibit[ing] any person from benefits to society, for more than two the EPA is defining ‘‘polyurethane foam selling or distributing any such product, decades U.S. manufacturers have systems’’ in 40 CFR 82.62 as an item or offering any such product for sale or replaced the use of CFCs in foam consisting of two transfer pumps that distribution, in interstate commerce.’’ production without compromising these deliver ingredients (polyisocyanate or Section 610(b)(1) and (2) specify that benefits. isocyanate from one side and a mixture this prohibition shall apply to The intended use of polyurethane including the blowing agent, catalysts, ‘‘chlorofluorocarbon-propelled plastic foam systems is often for insulation in flame retardants, and/or stabilizers from party streamers and noise horns’’ and buildings and residences. While the other side) to a metering/mixing ‘‘chlorofluorocarbon-containing insulation has benefits, such as reducing device which allows the components to cleaning fluids for noncommercial energy use and costs associated with be delivered in the appropriate electronic and photographic heating and cooling, in previous proportions. In such systems, the equipment.’’ Section 610(b)(3) provides rulemakings the EPA’s consideration of components are sent to a mixing gun that the prohibition shall apply to other this criterion has also been informed by and dispensed as foam directly to a consumer products determined by the consideration of whether use of the EPA to release class I substances into class I substance in the product is 53 These systems are also referred to as polyols, the environment (including releases nonessential (see 58 FR 4474, January which are defined in Montreal Protocol reports as during manufacture, use, storage, or 15, 1993 and 66 FR 57514, January 14, pre-blended foam chemicals. disposal) and to be nonessential. 2002). For example, use of a class I

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substance in a product may be of this criterion, in this rulemaking the above.55 The EPA considered all these considered nonessential where EPA is examining sectors where the sources of information when deciding substitutes are readily available, even if market has previously switched to whether to add to the list of banned the product itself is important (see 58 substitutes. The class I nonessential products foam systems that contain FR 4474, January 15, 1993, and 66 FR products ban that included plastic foam phased-out CFCs and considered that 57514, January 14, 2002). This is products was promulgated more than U.S. industry has already successfully reasonable because if the social benefits two decades ago and there were also transitioned away from using CFCs. from a product can be provided by a subsequent restrictions on the use of Considering all these factors together, similar product without use of the class class II substances for polyurethane the EPA concludes that polyurethane I substance, that tends to support the foam systems. All U.S. manufacturers foam systems containing CFCs meet the conclusion that the product using the have therefore switched from CFCs to criteria in section 610 of the CAA for class I substance is nonessential. U.S. non-ODS alternatives such as listing as a nonessential product and is manufacturers successfully transitioned hydrofluorocarbons, hydrofluoroolefins, adding them to the list of nonessential from using class I substances for foam hydrocarbons, carbon dioxide, water, products in 40 CFR 82.66(f) and products more than two decades ago, and other compounds listed as prohibiting their sale in 40 CFR meaning that they were able to also acceptable substitutes under SNAP in 82.64(h). replace the use of class I substances in foam blowing. foam blowing systems. Moreover, the K. Updates to 40 CFR 82.3, 82.104, and same U.S. industry also replaced the use For the criteria of safety and health, 82.270 Related to Destruction of class II substances in these plastic as in prior rules related to the The EPA proposed to update and foam products. There are alternative nonessential product ban (see 66 FR harmonize definitions related to ODS foam blowing agents that can be used in 57514, January 14, 2002), the EPA destruction in 40 CFR 82.3, 82.104, and foam systems as well as alternative interprets these criteria to mean the 82.270, by adding to the list of methods and products for insulating effects on human health and the destruction technologies and amending buildings and residences that do not use environment of products releasing CFCs the definition of ‘‘destruction’’ to allow class I substances. For instance, there or their substitutes. As in past rules, in inclusion of destruction technologies are a variety of insulation types that can evaluating these criteria, the EPA that incidentally result in commercially be applied throughout the building considered the direct and indirect useful end products. The EPA received envelope to save energy and reduce effects of product use, and the direct supportive comments from The Alliance leaks in buildings and homes with a and indirect effects of alternatives, such on the proposal to update the list of similar R-value as a polyurethane foam as ODP, flammability, toxicity, destruction technologies consistent with system intended for use in insulation. corrosiveness, energy efficiency, the Montreal Protocol, and no adverse The R-value refers to an insulating ground-level air hazards, and other comments on this aspect of the material’s resistance to conductive heat environmental factors (see 66 FR 57514, proposal. For the reasons discussed flow and is measured or rated in terms January 14, 2002). The ODPs of CFC–11, below, the EPA is finalizing these of its thermal resistance. Alternative CFC–12, and CFC–114 are 1. For the revisions as proposed. non-polyurethane foam insulation purposes of evaluating other direct and The EPA added a definition of the term ‘‘destruction’’ to 40 CFR 82.3 in products with similar R-values include indirect effects for foam systems, there fiberglass, cellulose, and rigid foam 1993 (see 58 FR 65047–65048, is not a substantive difference between boards. December 10, 1993). The existing foam systems and plastic foam products, For the criterion of technological regulatory definition of ‘‘destruction’’ given that the former is a precursor for availability of substitutes, the EPA includes a limited list of technologies considers the existence and accessibility the latter. In developing the initial class that may be used for destruction. When of alternative products or alternative I nonessential products ban, the Agency the EPA established the initial list of chemicals for use in, or in place of, provided information in the docket destruction technologies, the Agency products releasing class I substances. As concerning the known alternatives at also noted that it intended to propose first explained in 1993, the EPA that time. Subsequently, alternatives authorizing use of additional interprets this criterion to include both that were already in use, as well as destruction technologies through future currently available substitutes and additional alternatives for foam- rulemakings, as such technologies are potentially available substitutes (see 58 blowing, have been evaluated and listed approved by the Parties (see 58 FR FR 4474, January 15, 1993). There are as acceptable under the SNAP program, 65049, December 10, 1993). Revising the numerous substitutes for CFCs in such as hydrofluorocarbons, definition of destruction to include polyurethane foam systems that are hydrofluoroolefins, hydrocarbons, these technologies will not affect the listed as acceptable under the SNAP carbon dioxide, and water. The current applicability of other regulatory program and have been widely used by SNAP list of acceptable substitutes is requirements relating to use of these the foam industry since the mid- more expansive than what was technologies. 1990s.54 As the EPA stated in the initial considered in the initial class I In the revisions finalized in this class I nonessential products rule, in nonessential products ban. The range of rulemaking, the Agency is updating the sectors where the great majority of alternatives includes those that have definition of ‘‘destruction’’ in 40 CFR manufacturers have already shifted to ODPs ranging from zero to between 82.3, as proposed, to add destruction substitutes, the use of a class I substance 0.00024 and 0.00034, significantly lower technologies that have been approved in that product may very well be than the ODPs of CFC–11, CFC–12, and by the Parties to the Montreal Protocol nonessential (see 58 FR 4474, January CFC–114, all of which are 1. The since the issuance of the 1993 rule. The 15, 1993). As in previous considerations Montreal Protocol’s TEAP also provides Agency is adding these destruction a quadrennial global assessment of 54 The current list of SNAP-approved substitutes alternatives for foam blowing, including 55 UNEP. 2018 TEAP Report Available at http:// for foam blowing is available here: https:// information concerning many of the conf.montreal-protocol.org/meeting/oewg/oewg-41/ www.epa.gov/snap/substitutes-foam-blowing- presession/Background-Documents/TEAP_2018_ agents. direct and indirect factors identified Assessment_Report.pdf.

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technologies so that industry in the under more recent decisions of the Because the EPA has concluded that a United States has a greater variety of Parties. Similarly, the existing process that would otherwise qualify as technology options for the destruction prohibition on disposing of halons in 40 ‘‘destruction’’ should not fail to qualify of ODS. All of these technologies are CFR 82.270 includes an exception for simply because one of the outputs is a capable of destroying ODS or converting destruction that also provides an commercially useful end product, it is them into byproducts and can be outdated list of destruction revising the definition of ‘‘destruction’’ grouped into three broad categories: technologies. The EPA is therefore so that the mere existence of such an Incineration, plasma, and other non- harmonizing these three definitions of end product does not bar the technology incineration technologies. The EPA is destruction and updating the list of from being used. The revisions further adding the following incineration destruction technologies to allow the clarify that for destruction processes, technology: Porous thermal reactor. use of more destruction technologies in the commercial usefulness of the end Porous thermal reactors are high- the United States. An explanation of product is secondary to the act of the temperature systems with a porous layer these technologies appears in the EPA’s ODS destruction. Thus, the changes to that facilitates the decomposition of report on destruction ‘‘ODS Destruction the definition of destruction recognize ODS and other industrial waste gases. in the United States and Abroad,’’ that while production of a commercially Destruction takes place in an oxidizing which is available in the docket. useful end product is not the primary atmosphere with a continuous supply of The EPA is also revising the purpose of a destruction process, the an auxiliary gas. For plasma, the EPA is definition of ‘‘destruction’’ in 40 CFR destruction process may nevertheless adding nitrogen plasma arc, portable 82.104 and the prohibition in 40 CFR result in a commercially useful product. plasma arc, argon plasma arc, § 82.270 by removing the outdated lists The clarification that the usefulness of microwave plasma, and inductively found in those provisions and adding a an end product should be secondary to coupled radio frequency plasma to cross reference to the list of destruction ODS destruction is intended to maintain allow for greater industry flexibility for technologies in 40 CFR 82.3. This a distinction between the terms using plasma destruction technologies. conforms the list of destruction ‘‘destruction’’ and ‘‘transformation.’’ Although they reach higher technologies that can be used across The EPA established the definitions of temperatures than incineration subparts A, E, and H of 40 CFR part 82. ‘‘destruction,’’ ‘‘production,’’ and technologies, plasma technologies are The destruction technologies finalized ‘‘transformation’’ in the 1993 rule (see considered to be non-incineration through this action in § 82.3 are also 58 FR 65048–65049, December 10, technologies because they involve the applicable to these other subparts, 1993). Among other things, the Agency thermo-chemical decomposition of although the EPA notes that the listing excluded from the definition of organic material in a limited oxygen of municipal waste incinerators in the ‘‘production’’: (1) Amounts of controlled environment. Lastly, the EPA is also existing regulations at 40 CFR 82.3 is substances that are destroyed using adding four non-incineration limited to the destruction of foams, and approved destruction technologies and technologies: Chemical reaction with thus the added cross reference to 40 (2) the manufacture of a controlled hydrogen and carbon dioxide, gas phase CFR 82.3 in § 82.270 does not make that substance that is subsequently catalytic de-halogenation, superheated technology available for the exception transformed. Similarly, the regulatory steam reactor, and thermal reaction with for the destruction of halons at 40 CFR import prohibitions excluded both methane. 82.270. amounts destroyed, and amounts As noted above, the EPA is also The EPA is also amending the transformed. The definition of amending the definitions of ‘‘destruction’’ noted that it does not definition of ‘‘destruction’’ to modify ‘‘destruction’’ at 40 CFR 82.3 and 82.104 result in a commercially useful end the statement that the process must not to modify language regarding product whereas the definition of result in a commercially useful end commercially useful end products. The ‘‘transformation’’ noted that it occurs in product. The EPA is finalizing revisions EPA is also editing provisions in 40 CFR a process specifically for the to harmonize the definitions of the term 82.104 (subpart E, ‘‘The Labeling of manufacture of other chemicals for ‘‘destruction’’ at 40 CFR 82.3, 82.104, Products Using Ozone-Depleting commercial purposes. Thus, the original and 82.270. These two existing Substances’’) and 40 CFR 82.270 distinction in the definitions of these definitions are intended to convey the (subpart H, ‘‘Halon Emissions two terms related to whether the process same meaning but are slightly different. Reduction’’) to conform with the was undertaken to intentionally result For instance, the definition in 40 CFR changes in this definition. The in a commercially useful end product or 82.104 refers to a code of good previously existing definition contained not. The distinction mattered (and is housekeeping contained in a United a restriction that a destruction still relevant) because as explained in Nations Environment Programme report technology cannot result in a the 1993 rule, if a portion of the ODS while the definition in 40 CFR 82.3 does commercially useful product. The EPA remained after destruction, the not. In addition, both provide a list of is revising that restriction in part destroyed portion could be excluded destruction technologies approved because one of the destruction from production under the destruction under decisions of the Parties to the technologies that this action adds to the exclusion, but the material had to be Montreal Protocol. The list at 40 CFR definition of destruction breaks down entirely consumed in the process 82.3 contains seven technologies while ODS into substances that have (except for trace quantities) to qualify 56 the list at 40 CFR 82.104 contains five. commercial viability. The process for the transformation exclusion (see 58 Both lists are out of date in that they fail ‘‘Chemical Reaction with hydrogen and FR 65048, December 10, 1993). to include certain technologies that can carbon dioxide’’ converts fluorinated Intent has been an important aspect of destroy ODS or convert them into compounds to hydrofluoric acid, the distinction between ‘‘destruction’’ byproducts and have been approved hydrochloric acid, carbon dioxide, and ‘‘transformation’’ since the EPA first chlorine, and water. The reaction promulgated these definitions. For 56 Similarly, the definition of ‘‘completely technology separates and collects the example, in the 1993 rule establishing destroy’’ at 40 CFR 82.104 refers to using ‘‘one of the five’’ destruction processes approved by the byproducts at a high purity allowing for the definition of ‘‘destruction,’’ in a Parties. The EPA is also removing this outdated them to be sold, potentially improving discussion of whether heat or energy are language. the economics of using this technology. commercially useful end products, the

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Agency said ‘‘[t]he intent of the L. Removal of Obsolete Provisions in 40 references to these obsolete allowances destruction process is to destroy the CFR 82.3, 82.4, 82.9, 82.10, 82.12, 82.13, in certain other provisions. substance, for which a byproduct in the 82.16, and 82.24 Section 82.9(e) of the existing rules way of heat or energy may be produced, The EPA proposed to remove obsolete contains the provisions related to such rather than production of an end provisions from several sections of part allowances, including detailing the product being the goal of the destruction 82. The Agency received supportive information needed in a request for activity.’’ (See 58 FR 65049, December comments from The Alliance on this allowances based on having destroyed 10, 1993). This discussion recognizes proposal and no adverse comments. For or transformed a specified quantity of class I ODS. The EPA stopped issuing that something useful may incidentally the reasons described below, the EPA is such allowances in 1996 for all class I result from destruction. Similarly, the finalizing the removal of outdated provisions for class I ODS related to controlled substances (except methyl 1993 rule recognized the possibility of bromide) and in 2005 for methyl a destruction technology converting Article 5 allowances, transformation and destruction credits, and transfers of bromide. The EPA is removing 40 CFR ODS into other useful substances. In 82.9(e) and related obsolete reporting explaining the inclusion of reactor allowances issued prior to the phaseout as proposed for ease of reading and to and recordkeeping requirements in 40 cracking as a destruction technology, CFR 82.13(f)(2)(iv), (g)(1)(xv), and the EPA stated ‘‘[s]ince 1983, this reduce confusion. The EPA is also removing definitions and reporting (g)(4)(xi) and (i). process has treated waste gases resulting Section 82.9(f) authorized persons provisions for HCFC–141b exemption from the production of CFCs. The gases who were nominated for an essential allowances and export production use exemption to obtain destruction and are converted to hydrofluoric acid, allowances. hydrochloric acid, carbon dioxide, transformation credits between 1996 chlorine, and water. The two acids are i. Class I Article 5 Allowances and 2000. The EPA established these usable in-house and/or marketable, and Before the global phaseout of CFCs provisions because of the difference the chlorine is scrubbed, leaving only and other class I ODS, the EPA between the phaseout date for class I water vapor, oxygen, and carbon historically had provided additional substances under the CAA and the dioxide as waste gases.’’ (See 58 FR production allowances, known as phaseout date for the same substances 65047, December 10, 1993). ‘‘Article 5 allowances,’’ for production under the Montreal Protocol. These provisions include a description of the Consistent with that recognition and of certain class I ODS for export to and use by Article 5 countries consistent information needed and the grounds for with the inclusion of a new destruction with the Montreal Protocol.57 These are which the EPA can disallow the request. technology with commercially useful countries that were subject to a later Section 82.4(f) addresses production end products, the EPA concludes that production and consumption phaseout and import with destruction and the creation of a commercially useful schedule than non-Article 5 countries transformation credits. The EPA end product should not in itself such as the United States. Section stopped issuing such credits in 2000. preclude a technology from being listed 82.9(a) of the existing regulations Because these provisions no longer have in the definition of ‘‘destruction.’’ The granted Article 5 allowances until 2010, any purpose or effect, the EPA is creation of such an end product does when the phaseout of these substances removing 40 CFR 82.4(f) and 82.9(f). not change whether chemical was completed in Article 5 countries. iii. Class I Consumption Allowances decomposition occurs. Many Because these provisions no longer have Before the phaseout of class I ODS, destruction processes incinerate the any purpose or effect, the EPA is the EPA historically had provided chemicals, but other technologies break removing the schedule for issuing additional consumption allowances Article 5 allowances found at 40 CFR down the controlled substance. In where class I ODS were exported, 82.9(a) and the corresponding breaking down the chemical, it is transformed or destroyed, or where an recordkeeping and reporting possible that the result includes a amount of production was transferred requirements in 40 CFR 82.13(f)(2)(v) commercially valuable end product that from another Party to the Montreal and (f)(3)(ix). Section 82.9(b) of the is not a controlled substance. Protocol. Section 82.10 contains existing regulations provides that ‘‘Transformation,’’ on the other hand, provisions related to these additional holders of Article 5 allowances may means to use and entirely consume a consumption allowances, including produce class I controlled substances for controlled substance in the manufacture detailing the information needed in a export to Article 5 countries and of other chemicals for commercial request for them. The EPA stopped transfer Article 5 allowances. Because issuing those allowances in 1996 for all purposes. Thus, the purpose is to create there are no more holders of Article 5 class I controlled substances (except new compounds using the ODS as a allowances, the EPA is removing these methyl bromide) and in 2005 for methyl feedstock rather than the decomposition provisions as well. of ODS as a waste. bromide. Because these provisions no ii. Class I Allowances and Credits longer have any purpose or effect, the Accordingly, to update the regulatory Related to Transformation and EPA is removing 40 CFR 82.10 in its text but preserve a distinction between Destruction entirety. The EPA is also finalizing the transformation and destruction, the EPA removal of references to 40 CFR 82.10 is amending the definitions of Before the domestic phaseout of class I ODS, the EPA historically had from the definition of ‘‘consumption ‘‘destruction’’ at 40 CFR 82.3 and 82.104 allowance’’ in 40 CFR 82.3, as well as by removing the previously existing provided additional production allowances in cases where class I ODS from the provisions in 40 CFR 82.9(c) restriction that a destruction technology were destroyed or transformed. Because and 82.13(h)(1) and (2) as those cannot result in a commercially useful these provisions no longer have any references are no longer applicable. As product and by also adding a purpose or effect, the EPA is removing discussed earlier in this document, the clarification that, while destruction these provisions and removing EPA is entirely removing 40 CFR 82.9(e) might result in a commercially useful and (f) in this action, and it is also end product, such usefulness would be 57 For the purposes of the Montreal Protocol, this removing § 82.13(i), as its provisions are secondary to the act of destruction. is called production for basic domestic need. no longer needed. Accordingly, the

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references to § 82.10 in those provisions and is now finalizing those revisions as of the CAA. They argue that in order to will also be removed. proposed, as described in the following enforce the venting prohibition and paragraphs. encourage responsible management and iv. Transfer of Class I Allowances In this action, the EPA is removing disposal of the remaining bank of ODS, The EPA historically had allowed for the definitions in 40 CFR 82.3 specific the EPA should propose additional the transfer of production and to HCFC–141b production or import measures on lifecycle ODS management. consumption allowances for class I after the 2003 phaseout, in particular, The EPA notes that this comment substances in various ways. Under the definitions of ‘‘Formulator,’’ pertains to section 608 of the CAA and section 607 of the CAA, the EPA was ‘‘HCFC–141b exemption allowances,’’ the regulations under 40 CFR part 82, required to issue regulations providing and ‘‘Unexpended HCFC–141b subpart F, and is beyond the scope of for inter-pollutant allowance transfers exemption allowances.’’ The definitions this rulemaking, which did not propose and allowance transfers between for HCFC–141b exemption allowances and is not finalizing any changes to the companies. For class I substances, those are no longer relevant since the EPA has subpart F requirements. As the regulations appear at 40 CFR 82.12. Due removed the substantive regulations that comment is not relevant to this final to the class I phaseout, the EPA no these definitions support. For the same action, no response is required. longer allocates production or reasons, the EPA is removing references consumption allowances for class I to HCFC–141b in the definition of IV. Economic Analysis substances. Because these provisions no ‘‘Confer,’’ but is retaining the remainder The EPA considered the incremental longer have any purpose or effect, the of that definition. The EPA is also costs and benefits associated with this EPA is removing provisions related to removing references and recordkeeping rulemaking, which primarily stem from pre-1996 allowance transfers for class I and reporting requirements specifically changes to reporting and recordkeeping ODS (and pre-2005 for methyl bromide) relating to HCFC–141b exemption requirements. In total, the EPA found at 40 CFR 82.12, by revising allowances. These edits are made by estimates that the quantified costs and paragraph (a)(1) and removing removing 40 CFR 82.24(b)(1)(ix) and benefits of this rule results in a net paragraph (b)(1), as any such transfers (xi), (b)(2)(xiv), (c)(1)(xi), (c)(2)(xvi),and savings of $13,000 per year. The Agency occurred years ago and these provisions (g). analyzed the quantitative costs and no longer have any purpose or effect. The EPA also created provisions at 40 benefits associated with transitioning to As discussed earlier in this section, CFR 82.18(b) to allow producers to use electronic reporting, the streamlined the EPA is removing certain provisions ‘‘export production allowances’’ to import petition process for used halons, governing class I Article 5 allowances produce HCFC–141b for export beyond exempting halon 1211 in aircraft bottles and destruction and transformation the phaseout. These allowances ended from the import petitions process, credits. The EPA is therefore also in 2010 and therefore these provisions establishing the Certification of Intent to removing provisions allowing for the have no further purpose or effect. The Import ODS for Destruction, adding a transfer of class I Article 5 allowances EPA is retaining the definition of export recordkeeping requirement for certain and destruction and transformation production allowances and certain distributors of methyl bromide QPS credits found at 40 CFR 82.12(a)(2), references where appropriate to provide applications, and labeling containers of (b)(2) through (5), and (c) as those context to the reader but is removing the Halotron® I. The quantifiable costs and provisions are longer needed. recordkeeping and reporting provisions. benefits of this rule primarily result v. HCFC–141b Allowances These edits are made in 40 CFR from the revisions to the reporting and 82.16(e)(1) and (2) and 82.24(b)(2)(iv), recordkeeping requirements and the In 2003, the EPA issued regulations and by removing § 82.24(b)(1)(iv) and requirement to use electronic reporting. (see 68 FR 2820, January 21, 2003) to (ix), (b)(2)(xii), and (d)(2). For the phaseout of ODS, the EPA ensure compliance with the first previously considered the domestic M. Other Comments Not Related to the reduction milestone in the HCFC costs and benefits of the United States’ Proposal phaseout. In that rule, the EPA phaseout.58 Many of the regulatory established chemical-specific The EPA received a comment that is revisions finalized in this action, such consumption and production baselines unrelated to the proposed rule on the as the removal of obsolete requirements, for HCFC–141b, HCFC–22, and HCFC– management and destruction of ODS will not result in any new costs or 142b for the initial regulatory period held in banks in relation to the venting benefits. The EPA has provided in the ending December 31, 2009. The rule prohibition in section 608 of the CAA. docket technical support documents phased out the production and import In this comment, EIA notes that a that consider the costs and the benefits of HCFC–141b effective January 1, 2003 substantial bank of ODS persists in the commensurate with changes to the ODS (see 40 CFR 82.16(b)). The EPA created United States, including of CFC–11 phaseout regulations. a petition process at 40 CFR 82.16(h) to contained in foams as well as other class Electronic reporting allows for faster allow applicants to request ‘‘HCFC– I and class II ODS substances contained review and transmission of submissions 141b exemption allowances’’ to produce in existing refrigeration and air- to the EPA. Additionally, all or import small amounts of HCFC–141b conditioning equipment or stockpiles. information submitted electronically is beyond the phaseout. The Agency They state that despite a growing bank linked in an improved tracking system, removed 40 CFR 82.16(h) from the of ODS found to be available for which facilitates document management regulations and terminated the HCFC– recovery from retired equipment, the and allows companies to more easily 141b exemption allowance program, rate of proper disposal of these effective January 1, 2015 (79 FR 64267, substances through either reclamation 58 The following documents are available in the October 28, 2014). At that time, the EPA or destruction has declined. The docket: ‘‘EPA. 1999. The Benefits and Costs of the Clean Air Act: 1990 to 2010;’’ ‘‘EPA. 1992. did not remove definitions and commenter suggests that the low rates of Regulatory Impact Analysis: Compliance with reporting and recordkeeping reclamation and destruction in the Section 604 of the Clean Air Act for the Phaseout requirements that pertain only to United States, particularly of class II of Ozone Depleting Chemicals;’’ and ‘‘EPA. 1993. HCFC–141b exemption allowances. In ODS, indicates that significant Addendum to the 1992 Phaseout Regulatory Impact Analysis: Accelerating the Phaseout of CFCs, the current rulemaking, the EPA quantities of these substances are likely Halons, Methyl Chloroform, Carbon Tetrachloride, proposed to remove those provisions, being vented in violation of section 608 and HCFCs.’’

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manage past and future submissions. the United States’ ODS phaseout, and is suppressed from 2020 through 2029, The estimated burden hours and labor specifically the phaseout of all HCFCs there will be less supply and higher costs will decrease as a result of the through 2030, but do not quantify the costs for HCFC–123 for the manufacture complete transition from paper to costs and benefits of each individual of new fire suppression equipment and electronic reporting, including removing phaseout step for each individual less supply and higher costs as the unnecessary data elements and auto- chemical. A memorandum summarizing phaseout progresses since the supply of populating others. Similarly, the these analyses, including the original HCFC–123 will eventually only be from estimated Agency burden hours and regulatory impact analysis for the full the recycling or reclamation market. labor costs decreases. The streamlined phaseout of ODS, is available in the The EPA finds there is no significant petitions process for importing used docket.59 This rule allows for the impact on a substantial number of small halons and the new Certification of production and consumption of HCFC– entities (SISNOSE). The EPA performed Intent to Import ODS for Destruction 123 and HCFC–124 that will otherwise a sales test to assess the economic both decrease the estimated respondent not be allowed in the absence of this impact of a regulatory option on small burden. Specifically, the number of rulemaking. These HCFCs will then be businesses and compared the results of reporting elements for importers for used to service existing fire suppression, the sales test. This analysis is available destruction is reduced from 13 to 9, refrigeration, and air-conditioning in the docket. Based on the screening reducing burden hours per response by equipment, as modeled in the 2019 analysis of allowance holders of HCFC– four hours. The EPA also estimates that Final Servicing Tail Report. This rule 123 and HCFC–124, this rulemaking has exempting halon 1211 used in aircraft relieves a regulatory prohibition on no SISNOSE because it is expected to bottles from the petition process reduces production and consumption of HCFC– result in a small net benefit to small the number of responses per respondent 123 and HCFC–124 and results in businesses through the ability to by one. These changes are detailed in greater benefits than taking no action. continue producing, importing and/or the supporting statement for the In finalizing the level of allocation for selling HCFC–123 and HCFC–124. The Information Collection Request HCFC–123, the EPA considered the EPA notes that there are only eight available in the docket to this rule. quantities needed to satisfy estimated companies total that hold consumption The EPA estimates that redesigning demand for HCFC–123 to service allowances for HCFC–123 and HCFC– the existing labels on containers of equipment manufactured before 2020 ® 124, only three of which are small Halotron I will result in a one-time and the amount of HCFC–123 that will businesses. cost of approximately $4,000. likely be reclaimed annually, and thus Administrative and graphic design labor be available to meet part of the demand V. Statutory and Executive Order costs are estimated based on the total for HCFC–123. The Agency is issuing Reviews amount of hours required to redesign consumption allowances equal to the A. Executive Order 12866: Regulatory existing labels as well as hourly labor 2020 estimated HCFC–123 demand for Planning and Review and Executive costs. Hourly costs include wages, servicing existing refrigeration and air- Order 13563: Improving Regulation and overhead rates, and fringe rates. conditioning and fire suppression Regulatory Review Additional information on this analysis equipment for years 2020 through 2022 is available in the docket titled and then decreasing the number of This action is a significant regulatory ‘‘Estimated costs of Regulatory Changes allowances issued in each subsequent action that was submitted to the Office to Labeling of Containers of HCFC Fire year by an equal amount each year such of Management and Budget (OMB) for Suppression Agent, 2020–2029.’’ that there are zero allowances issued in review. Any changes made in response There are also unquantifiable effects 2030. This allocation will avoid to OMB recommendations have been of this rule. Prohibiting both the sale of stranding existing equipment due to an documented in the docket. QPS methyl bromide for non-QPS inadequate supply of HCFCs while B. Executive Order 13771: Reducing purposes and the sale of illegally achieving a complete phaseout of Regulations and Controlling Regulatory imported ODS is designed to improve production and consumption by 2030. Costs compliance with the existing As discussed in Section III of this provisions. These costs are document, a viable reclamation market This action is not subject to Executive unquantifiable as the scale of these sales is a necessary element in achieving Order 13771, because this final rule is is not known but are anticipated to be those two goals. Issuing allowances in expected to result in no more than de small due to the illegality of such sales. excess of demand would suppress the minimis costs. The prohibition on sales and reclamation market and result in less C. Paperwork Reduction Act (PRA) distribution of polyurethane foam supply to service equipment after the systems containing CFCs will have no 2030 phaseout. In the near term, the The information collection activities cost because there is no evidence to final allocation provides sufficient in this rule have been submitted for suggest this practice is occurring in the allowances to meet the near-term needs approval to OMB under the PRA. The United States. Updating the definition of the market while also fostering Information Collection Request (ICR) of destruction allows for the use of new reclamation and transition. A final document that the EPA prepared has destruction technologies that are allocation that is significantly too high been assigned the EPA ICR number currently not in use in the United States or too low could adversely affect the 1432.34. You can find a copy of the ICR but can now be employed with the availability of reclaimed HCFC–123 for and supporting statement in the docket additional technologies. Additional the fire suppression sector because for this rule, and it is briefly destruction of unwanted ODS in the reclamation is the only source of HCFC– summarized here. The information United States may generate revenue for 123 for the manufacture of new fire collection requirements are not domestic destruction facilities. Lastly, suppression equipment once stockpiles enforceable until OMB approves them. the removal of obsolete provisions is not of previously-imported material is This ICR covers provisions under the anticipated to have any material cost or exhausted. Thus, if the reclaim market Montreal Protocol and Title VI of the benefit. CAA that establish limits on total U.S. Previous analyses provide 59 EPA 2008, ‘‘HCFC Cost Analysis’’ and EPA production, import, and export of ODS. information on the costs and benefits of 2018, ‘‘Overview of CFC and HCFC Phaseout.’’ The EPA monitors compliance with the

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CAA and commitments under the that the total incremental savings London, England: Blackwell Science, Montreal Protocol through the associated with this final rule is $13,000 1997: 63–6; (4) Whiteman D., Green A. recordkeeping and reporting per year in 2019 dollars. ‘‘Melanoma and Sunburn,’’ Cancer requirements established in the Causes Control, 1994: 5:564–72; (5) E. Unfunded Mandates Reform Act regulations at 40 CFR part 82, subpart A. Heenan, PJ. ‘‘Does intermittent sun The EPA informs the respondents that This action does not contain any exposure cause basal cell carcinoma? A they may assert claims of business unfunded mandate as described in case control study in Western confidentiality for any of the UMRA, 2 U.S.C. 1531–1538, and does Australia,’’ Int J Cancer 1995; 60: 489– information they submit. Information not significantly or uniquely affect small 94; (6) Gallagher, RP, Hill, GB, Bajdik, claimed as confidential will be treated governments. The action imposes no CD, et al. ‘‘Sunlight exposure, in accordance with the procedures for enforceable duty on any state, local or pigmentary factors, and risk of handling information claimed as tribal governments or the private sector. nonmelanocytic skin cancer I, Basal cell confidential under 40 CFR part 2, F. Executive Order 13132: Federalism carcinoma,’’ Arch Dermatol 1995; 131: subpart B, and will be disclosed to the 157–63; (7) Armstrong, DK. ‘‘How sun extent, and by means of procedures, set This action does not have federalism exposure causes skin cancer: an forth in subpart B. If no claim of implications. It will not have substantial epidemiological perspective,’’ confidentiality is asserted when the direct effects on the states, on the Prevention of Skin Cancer. 2004. 89– information is received by the EPA, it relationship between the National 116. may be made available to the public Government and the states, or on the I. Executive Order 13211: Actions That without further notice to the distribution of power and Significantly Affect Energy Supply, respondents (40 CFR 2.203). responsibilities among the various Respondents/affected entities: levels of government. Distribution, or Use Producers, importers, exporters, and G. Executive Order 13175: Consultation This action is not a ‘‘significant certain users of ozone depleting and Coordination With Indian Tribal energy action’’ because it is not likely to substances; methyl bromide applicators, Governments have a significant adverse effect on the distributors, and end users including supply, distribution, or use of energy. This action does not have tribal commodity storage and quarantine implications as specified in Executive J. National Technology Transfer and users. Respondent’s obligation to respond: Order 13175. It will not have substantial Advancement Act (NTTAA) direct effects on tribal governments, on Mandatory—Sections 603(b) and 114 of This rulemaking does not involve the relationship between the federal the CAA. technical standards. Estimated number of respondents: 98. government and Indian tribes, or on the Frequency of response: Quarterly, distribution of power and K. Executive Order 12898: Federal annually, and as needed. responsibilities between the Federal Actions To Address Environmental Total estimated burden: 2,940 hours Government and Indian tribes, as Justice in Minority Populations and (per year). Burden is defined at 5 CFR specified in Executive Order 13175. Low-Income Populations 1320.3(b). Thus, Executive Order 13175 does not The EPA believes that it is not feasible Total estimated cost: $363,683, apply to this action. to quantify any disproportionately high includes $7,400 annualized capital or H. Executive Order 13045: Protection of and adverse effects from this action on operation & maintenance costs. Children From Environmental Health minority populations, low-income The ICR addresses changes to the Risks and Safety Risks populations and/or indigenous peoples, existing reporting and recordkeeping This action is not subject to E.O. as specified in Executive Order 12898 programs that are approved under OMB (59 FR 7629, February 16, 1994). control number 2060–0170. 13045 (62 FR 19885, April 23, 1997) An agency may not conduct or because it is not economically L. Congressional Review Act (CRA) sponsor, and a person is not required to significant as defined in E.O. 12866. The Agency nonetheless has reason to This action is subject to the CRA, and respond to a collection of information the EPA will submit a rule report to unless it displays a currently valid OMB believe that the environmental health or safety risk addressed by this action may each House of the Congress and to the control number. The OMB control Comptroller General of the United numbers for the EPA’s regulations in 40 have a disproportionate effect on children. Depletion of stratospheric States. This action is not a ‘‘major rule’’ CFR are listed in 40 CFR part 9. When as defined by 5 U.S.C. 804(2). OMB approves this ICR, the Agency will ozone results in greater transmission of announce that approval in the Federal the sun’s ultraviolet (UV) radiation to List of Subjects in 40 CFR Part 82 the earth’s surface. The following Register and publish a technical Environmental protection, Air studies describe the effects of excessive amendment to 40 CFR part 9 to display pollution control, Chemicals, Reporting exposure to UV radiation on children: the OMB control number for the and recordkeeping requirements. approved information collection (1) Westerdahl J, Olsson H, Ingvar C. activities contained in this final rule. ‘‘At what age do sunburn episodes play Dated: December 19, 2019. a crucial role for the development of Andrew R. Wheeler, D. Regulatory Flexibility Act (RFA) malignant melanoma,’’ Eur J Cancer Administrator. I certify that this action will not have 1994: 30A: 1647–54; (2) Elwood JM For the reasons set forth in the a significant economic impact on a Japson J. ‘‘Melanoma and sun exposure: preamble, the EPA amends 40 CFR part substantial number of small entities an overview of published studies,’’ Int 82 as follows: under the RFA. The small entities J Cancer 1997; 73:198–203; (3) potentially subject to increased costs Armstrong BK, ‘‘Melanoma: childhood PART 82—PROTECTION OF from this action include allowance or lifelong sun exposure,’’ In: Grobb JJ, STRATOSPHERIC OZONE holders, distributors, applicators, and Stern RS Mackie RM, Weinstock WA, end users of methyl bromide and eds. ‘‘Epidemiology, causes and ■ 1. The authority citation for part 82 importers of ODS. The EPA estimates prevention of skin diseases,’’ 1st ed. continues to read as follows:

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Authority: 42 U.S.C. 7414, 7601, 7671– controlled substances only in Production means the manufacture of 767q. conjunction with production a controlled substance from any raw ■ 2. Effective April 16, 2020, amend allowances. A person’s consumption material or feedstock chemical, but does § 82.3 by: allowances for class I substances are the not include: ■ a. Revising the definitions for total of the allowances obtained under (1) The manufacture of a controlled ‘‘Administrator’’ and ‘‘Aircraft halon §§ 82.6 and 82.7 as may be modified substance that is subsequently bottle;’’ under § 82.12 (transfer of allowances). A transformed; ■ b. Adding a definition in alphabetical person’s consumption allowances for (2) The reuse or recycling of a order for ‘‘Central Data Exchange;’’ class II controlled substances are the controlled substance; ■ c. Revising the definitions for total of the allowances obtained under (3) Amounts that are destroyed by ‘‘Confer,’’ ‘‘Consumption allowances,’’ §§ 82.19 and 82.20, as may be modified approved destruction technologies; or and ‘‘Destruction;’’ under § 82.23. (4) Amounts that are spilled or vented unintentionally. ■ d. Removing the definition for * * * * * ‘‘Formulator;’’ Destruction means the expiration of a * * * * * ■ e. Adding a definition in alphabetical controlled substance to the destruction ■ 3. Effective April 16, 2020, amend order for ‘‘Halon bank;’’ and removal efficiency actually § 82.4 by: ■ f. Removing the definition for ‘‘HCFC– achieved, unless considered completely ■ a. Removing and reserving paragraph 141b exemption allowances;’’ destroyed as defined in this section. (f); ■ ■ g. Revising the definitions for Such destruction might result in a b. Revising paragraph (j); and ■ ‘‘Individual shipment,’’ ‘‘Non-Objection commercially useful end product, but c. Adding paragraphs (r) and (s). The revision and additions read as notice,’’ and ‘‘Production;’’ and such usefulness would be secondary to follows: ■ h. Removing the definition for the act of destruction. Destruction must ‘‘Unexpended HCFC–141b exemption be achieved using one of the following § 82.4 Prohibitions for class I controlled allowances.’’ controlled processes approved by the substances. The revisions and additions read as Parties to the Protocol: * * * * * follows: (1) Liquid injection incineration; (j)(1) Effective January 1, 1995, no (2) Reactor cracking; person may import, at any time in any § 82.3 Definitions for class I and class II (3) Gaseous/fume oxidation; controlled substances. control period, a used class I controlled (4) Rotary kiln incineration; * * * * * substance, except for Group II used (5) Cement kiln; controlled substances shipped in Administrator means the (6) Radio frequency plasma; Administrator of the United States aircraft halon bottles for hydrostatic (7) Municipal waste incinerators (only testing, without having received a non- Environmental Protection Agency or his for the destruction of foams); or her authorized representative. objection notice from the Administrator (8) Nitrogen plasma arc; in accordance with § 82.13(g)(2) and (3). Starting May 18, 2020, reports and (9) Portable plasma arc; A person who receives a non-objection petitions that are available to be (10) Argon plasma arc; submitted through the Central Data (11) Chemical reaction with hydrogen notice for the import of an individual Exchange, as well as any related and carbon dioxide; shipment of used controlled substances supporting documents, must be (12) Inductively coupled radio may not transfer or confer the right to submitted through that tool. Any other frequency plasma; import and may not import any more reports and communications shall be (13) Microwave plasma; than the exact quantity, in kilograms, of submitted to Stratospheric Protection (14) Porous thermal reactor; the used controlled substance cited in Manager, 1200 Pennsylvania Ave. NW, (15) Gas phase catalytic de- the non-objection notice. Every kilogram Mail Code: 6205T, Washington, DC halogenation; of importation of used controlled 20460. (16) Superheated steam reactor; or substance in excess of the quantity cited Aircraft halon bottle means a vessel (17) Thermal reaction with methane. in the non-objection notice issued by used as a component of an aircraft fire * * * * * the Administrator in accordance with suppression system containing halon- Halon bank means a facility run by a § 82.13(g)(2) and (3) constitutes a 1301 or halon-1211 approved under national government or privately run separate violation. (2) No person may import for FAA rules for installation in a and authorized by a national purposes of destruction, at any time in certificated aircraft. government that collects and stores any control period, a class I controlled previously-recovered halon for reuse at * * * * * substance for which EPA has a later date. Central Data Exchange means EPA’s apportioned baseline production and centralized electronic document * * * * * consumption allowances, without receiving system, or its successors. Individual shipment means the having submitted a certification of * * * * * kilograms of a controlled substance for intent to import for destruction to the Confer means to shift the essential-use which a person may make one (1) U.S. Administrator and received a non- allowances obtained under § 82.8 from Customs entry, as identified in the non- objection notice in accordance with the holder of the unexpended essential- objection letter from the Administrator § 82.13(g)(5). A person issued a non- use allowances to a person for the under §§ 82.13(g) and 82.24(c). objection notice for the import of an production of a specified controlled * * * * * individual shipment of class I substance. Non-Objection notice means the controlled substances for destruction * * * * * privilege granted by the Administrator may not transfer or confer the right to Consumption allowances means the to import a specific individual shipment import and may not import any more privileges granted by this subpart to of a controlled substance in accordance than the exact quantity (in kilograms) of produce and import controlled with §§ 82.13(g)(2), (3), and (5) and the class I controlled substance stated in substances; however, consumption 82.24(c)(3), (4), and (6). the non-objection notice. For imports allowances may be used to produce * * * * * intended to be destroyed in the United

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States, a person issued a non-objection the person for the current control period ■ i. Revising paragraphs (f)(3)(xiii) notice must destroy the controlled some amount of production or import through (xvii) and (g)(1)(xi), (xv), and substance within one year of the date that the nation is permitted under the (xvii) through (xxi); stamped on the non-objection letter, Montreal Protocol or to receive from the ■ j. Adding a heading for paragraph (g); may not transfer or confer the right to person for the current control period ■ k. Removing ‘‘Recordkeeping— import, and may not import any more some amount of production or import Importers’’ in paragraph (g)(1) than the exact quantity (in kilograms) of that the person is permitted under this introductory text and adding in its place the class I controlled substance stated in subpart. If the controlled substance is ‘‘Recordkeeping—importers’’; the non-objection notice. Every kilogram produced under the authority of ■ l. Revising paragraphs (g)(2) of import of class I controlled substance production allowances and is to be sold introductory text and (g)(2)(i) through in excess of the quantity stated in the in the United States or to another Party (iii), (vi), and (viii) through (xiii); ■ non-objection notice issued by the (not the Party from whom the m. Removing and reserving paragraph Administrator in accordance with allowances are received), the U.S. (g)(2)(xiv); ■ n. Adding paragraph (g)(2)(xv) and a § 82.13(g)(5) constitutes a separate company must expend its consumption heading for paragraph (g)(3); violation of this subpart. allowances allocated under §§ 82.6 and ■ o. Revising paragraphs (g)(3)(i)(A) and * * * * * 82.7 in order to produce with the (g)(3)(vii); (r) No person may sell or use methyl additional production allowances. ■ p. Adding a heading for paragraph bromide produced or imported under * * * * * (g)(4); the quarantine and preshipment ■ q. Removing and reserving paragraphs § 82.10 [Removed and Reserved] exemption for any purpose other than (g)(4)(vii) and (xi); for quarantine applications or ■ 5. Effective April 16, 2020, remove ■ r. Revising paragraphs (g)(4)(xv) preshipment applications as defined in and reserve § 82.10. through (xviii); § 82.3. Each kilogram of methyl bromide ■ 6. April 16, 2020, amend § 82.12 by: ■ s. Adding paragraphs (g)(5) through produced or imported under the ■ a. Revising paragraph (a)(1) (10); ■ authority of the quarantine and introductory text; and t. Revising paragraphs (h) heading, preshipment exemption and sold or ■ b. Removing and reserving paragraphs (h)(1) introductory text, (h)(1)(ii) and used for a use other than quarantine or (a)(2), (b), and (c). (iii), (h)(2) introductory text, and preshipment is a separate violation of The revision reads as follows: (h)(2)(ii) through (v) and (viii); this subpart. ■ u. Removing and reserving paragraph (s) No person may sell or distribute, § 82.12 Transfers of allowances for class I (i); or offer for sale or distribution, any class controlled substances. ■ v. Revising paragraph (v); I substance that they know, or have (a) * * * ■ w. Adding a heading for paragraph reason to know, was imported in (1) After January 1, 2002, any (w); and ■ violation of this section, except for such essential-use allowance holder x. Revising paragraphs (w)(2), (y), (z), actions needed to re-export the (including those persons that hold and (aa). The revisions and additions read as controlled substance. Every kilogram of essential-use allowances issued by a follows: a controlled substance imported in Party other than the United States) contravention of this paragraph (s) that (‘‘transferor’’) may transfer essential-use § 82.13 Recordkeeping and reporting is sold or distributed, or offered for sale allowances for CFCs to a metered dose requirements for class I controlled or distribution, constitutes a separate inhaler company solely for the substances. violation of this subpart. manufacture of essential MDIs. After (a) Effective dates. Unless otherwise ■ 4. Effective April 16, 2020, amend January 1, 2005, any critical use specified, the recordkeeping and § 82.9 by: allowance holder (‘‘transferor’’) may reporting requirements set forth in this ■ a. Removing and reserving paragraphs transfer critical use allowances to any section take effect on January 1, 1995. (a) and (b); other person (‘‘transferee’’). For class I, Group VIII controlled ■ b. Revising paragraph (c) introductory * * * * * substances, the recordkeeping and text; and ■ reporting requirements set forth in this ■ 7. Effective April 16, 2020, amend c. Removing and reserving paragraphs § 82.13 by: section take effect on August 18, 2003. (e) and (f). ■ a. Revising paragraphs (a) and (c); For critical use methyl bromide, the The revision reads as follows: ■ b. Adding headings for paragraphs (f) recordkeeping and reporting requirements set forth in this section § 82.9 Availability of production and (f)(2); allowances in addition to baseline ■ c. Removing and reserving paragraphs take effect January 1, 2005. production allowances for class I controlled (f)(2)(iv) and (v); * * * * * substances. ■ d. In paragraphs (f)(2)(xiv) and (xv), (c) Timing of reports. Unless * * * * * removing the periods at the ends of the otherwise specified, reports required by (c) A company may increase or paragraphs and adding semicolons in this section must be submitted to the decrease its production allowances, their places; Administrator within 45 days of the end including its Article 5 allowances, by ■ e. Removing and reserving paragraph of the applicable reporting period. trading with another Party to the (f)(2)(xvi); Revisions of reports that are required by Protocol according to the provision ■ f. Revising paragraphs (f)(2)(xvii) this section must be submitted to the under this paragraph (c). A company through (xxii); Administrator within 180 days of the may increase or decrease its essential- ■ g. Removing ‘‘Reporting end of the applicable reporting period, use allowances for CFCs for use in Requirements—Producers’’ in paragraph unless otherwise specified. Starting May essential MDIs according to the (f)(3) introductory text and adding in its 18, 2020, reports that are available for provisions under this paragraph (c). A place ‘‘Reporting requirements— submission through the Central Data nation listed in appendix C to this producers’’; Exchange must be submitted subpart (Parties to the Montreal ■ h. Removing and reserving paragraphs electronically through that tool. Protocol) must agree either to transfer to (f)(3)(iv) and (ix); * * * * *

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(f) Producers. *** quarantine and preshipment requirements in paragraph (h) of this (2) Recordkeeping requirements— applications and therefore were not section. producers. *** produced expending production or (xx) For methyl bromide, dated (xvii) For methyl bromide, dated consumption allowances; and records such as invoices and order records of the quantity of controlled (xv) For quarantine and preshipment forms, of the quantity of controlled substances produced for quarantine and applications of methyl bromide in the substances imported for critical use, preshipment applications and quantity United States or by a person of another specifying quantities dedicated for pre- sold for quarantine and preshipment Party, one copy of a certification that the plant use and quantities dedicated for applications; material will be used only for post-harvest use, and the quantity sold (xviii) Written certifications that quarantine and preshipment for critical use, specifying quantities quantities of methyl bromide produced applications in accordance with the dedicated for pre-plant use and solely for quarantine and preshipment definitions in this subpart from each quantities dedicated for post-harvest applications were purchased by recipient of the material and a list of use; and distributors or applicators to be used additional quantities shipped to that (xxi) Written certifications that only for quarantine applications and same person for the quarter. quantities of methyl bromide imported preshipment applications in accordance (xvi) For critical uses of methyl for critical use were purchased by with the definitions in this subpart; and bromide, producers shall report distributors, applicators, or approved (xix) Written verifications from a U.S. annually the amount of critical use critical users to be used or sold only for purchaser that methyl bromide methyl bromide owned by the reporting critical use in accordance with the produced solely for quarantine and entity, specifying quantities dedicated definitions and prohibitions in this preshipment applications, if exported, for pre-plant use and quantities subpart. Certifications must be will be exported solely for quarantine dedicated for post-harvest use, as well maintained by an importer for a applications and preshipment as quantities held by the reporting entity minimum of three years. applications upon receipt of a on behalf of another entity, specifying (2) Petitioning—importers of used, certification in accordance with the quantities dedicated for pre-plant use recycled, or reclaimed controlled definitions of this subpart and and quantities dedicated for post- substances. For each individual requirements in paragraph (h) of this harvest use along with the name of the shipment over 5 pounds of a used section. entity on whose behalf the material is controlled substance as defined in (xx) For methyl bromide, dated held; and § 82.3, except for Group II used records such as invoices and order (xvii) A list of the quantities of methyl controlled substances shipped in forms, and a log of the quantity of bromide produced by the producer and aircraft halon bottles for hydrostatic controlled substances produced for exported by the producer and/or by testing and imports intended for critical use, specifying quantities other U.S. companies in that control destruction, an importer must submit dedicated for pre-plant use and period, solely to satisfy the critical uses directly to the Administrator, at least 40 quantities dedicated for post-harvest authorized by the Parties for that control working days before the shipment is to use, and the quantity sold for critical period; and leave the foreign port of export, the use, specifying quantities dedicated for following information in a petition: * * * * * (i) Name, commodity code, and pre-plant use and quantities dedicated (g) Importers. *** for post-harvest use; quantity in kilograms of the used (1) * * * controlled substance to be imported; (xxi) Written certifications that (xi) The quantity of imports of used, quantities of methyl bromide produced (ii) Name and address of the importer, recycled, or reclaimed class I controlled the importer ID number, and the contact for critical use were purchased by substances; distributors, applicators, or approved person’s name, email address, and critical users to be used or sold only for * * * * * phone number; critical use in accordance with the (xv) Dated records of the quantity of (iii) Name, address, contact person, definitions and prohibitions in this controlled substances imported for an email address, and phone number of all subpart. Certifications must be essential use; and previous source facilities from which maintained by the producer for a * * * * * the used controlled substance was minimum of three years; and (xvii) Dated records of the quantity of recovered or the halon bank storing the (xxii) For methyl bromide, dated methyl bromide imported for quarantine controlled substance; records such as invoices and order and preshipment applications and * * * * * forms, and a log of the quantity of quantity sold for quarantine and (vi) Name, address, contact person, controlled substances produced solely preshipment applications; email address, and phone number of the for export to satisfy critical uses (xviii) Written certifications that exporter and of all persons to whom the authorized by the Parties for that control quantities of methyl bromide imported material was transferred or sold after it period, and the quantity sold solely for solely for quarantine and preshipment was recovered from the source facility; export to satisfy critical uses authorized applications were purchased by * * * * * by the Parties for that control period. distributors or applicators to be used (viii) A description of the intended (3) * * * only for quarantine and preshipment use of the used controlled substance, (xiii) The amount of methyl bromide applications in accordance with the and, when possible, the name, address, sold or transferred during the quarter to definitions in this subpart; and contact person, email address, and a person other than the producer solely (xix) Written verifications from a U.S. phone number of the ultimate purchaser for quarantine and preshipment purchaser that methyl bromide in the United States; applications; imported solely for quarantine and (ix) Name, address, contact person, (xiv) A list of the quantities of methyl preshipment applications, if exported, email address, and phone number of the bromide produced by the producer and will be exported solely for quarantine U.S. reclamation facility, where exported by the producer and/or by and preshipment applications upon applicable; other U.S. companies, to a Party to the receipt of a certification in accordance (x) If someone at the source facility Protocol that will be used solely for with the definitions of this subpart and recovered the controlled substance from

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the equipment, the name, email address, for quarantine and preshipment a non-objection notice for the individual and phone number of that person; applications; shipment in the petition, the importer is (xi) If the imported controlled (xvi) A list of the quantities of methyl required to notify the Administrator of substance was reclaimed in a foreign bromide exported by the importer and this information prior to the entry of the Party, the name, address, contact or by other U.S. companies, to a Party individual shipment into the United person, email address, and phone to the Protocol that will be used solely States; number of any or all foreign reclamation for quarantine and preshipment (v) Name, address, contact person, facility(ies) responsible for reclaiming applications and therefore were not email address, and phone number of the the cited shipment; imported expending consumption responsible party at the destruction (xii) The export license, application allowances; and facility; for an export license, or official (xvii) For quarantine and preshipment (vi) The export license, application for communication acknowledging the applications of methyl bromide in the an export license, or official export from the appropriate government United States or by a person of another communication acknowledging the agency in the country of export and, if Party, one copy of a certification that the export from the appropriate government recovered in another country, the export material will be used only for agency in the country of export and, if license or official communication from quarantine and preshipment recovered in another country, the export the appropriate government agency in applications in accordance with the license or official communication from that country, and quantity authorized definitions in this subpart from each the appropriate government agency in for export in kilograms on the export recipient of the material and a list of that country, and quantity authorized license, and an English translation of additional quantities shipped to that for export in kilograms on the export these documents; same person for the quarter. license, and an English translation of (xiii) If the imported used controlled (xviii) For critical uses of methyl these documents; and substance is intended to be sold as a bromide, importers shall report (vii) A certification of accuracy of the refrigerant in the United States, the annually the amount of critical use information submitted in the name, address, and email address of the methyl bromide owned by the reporting certification. EPA-certified U.S. reclaimer who will entity, specifying quantities dedicated (6) Destruction verification. For each bring the material to the standard for pre-plant use and quantities individual shipment of a class I required under subpart F of this part if dedicated for post-harvest use, as well controlled substance imported with the not already reclaimed to those as quantities held by the reporting entity intent to destroy that substance, an specifications; and on behalf of another entity, specifying importer must submit to the Administrator a copy of the destruction * * * * * quantities dedicated for pre-plant use verification within 30 days after (xv) If the used controlled substance and quantities dedicated for post- destruction of the controlled is stored in a halon bank, in lieu of the harvest use along with the name of the substance(s). information required in paragraphs entity on whose behalf the material is (7) Review of certification of intent to (g)(2)(iv) through (vi) of this section, the held. import for destruction. (i) Starting on petitioner may provide an official letter * * * * * the first working day following receipt from the appropriate government agency (5) Certification of intent to import for by the Administrator of a certification of in the country where the material is destruction. For each individual intent to import a class I controlled stored indicating that the halon is used shipment of a class I controlled substance for destruction, the and that the halon bank is authorized to substance imported with the intent to Administrator will initiate a review of collect used halon. If source information destroy that substance, an importer the information submitted under in paragraphs (g)(2)(iv) through (vi) is must submit electronically to the paragraph (g)(5) of this section and take available, it should also be provided in Administrator, at least 30 working days action within 30 working days to issue addition to the letter. before the shipment is to leave the either an objection notice or a non- (3) Review of petition to import a used foreign port of export, the following objection notice for the individual substance. *** information: shipment to the person who submitted (i) * * * (i) Name, commodity code, and (A) If the Administrator determines the certification of intent to import the quantity in kilograms of each controlled class I controlled substance for that the information is insufficient, that substance to be imported; is, if the petition lacks or appears to lack destruction. (ii) Name and address of the importer, (ii) The Administrator may issue an any of the information required under the importer ID number, and the contact objection notice if the petition lacks or paragraph (g)(2) of this section or other person’s name, email address, and appears to lack any of the information information that may be requested phone number; required under paragraph (g)(5) of this during the review of the petition (iii) Name and address of any section or for the reasons listed in necessary to verify that the controlled intermediary who will aggregate paragraphs (g)(3)(i)(B) through (F) of this substance is used; controlled substances imported for section. * * * * * destruction, and the contact person’s (iii) In cases where the Administrator (vii) A person receiving the non- name, email address, and phone does not object to the petition, the objection notice is permitted to import number; Administrator will issue a non-objection the individual shipment only within (iv) The U.S. port of entry for the notice. one year of the date stamped on the import, the expected date of shipment (iv) To pass the approved class I non-objection notice. and the vessel transporting the material. controlled substances through U.S. * * * * * If at the time of submitting the Customs, the non-objection notice (4) Reporting requirements— certification of intent to import for issued by EPA must accompany the importers. *** destruction the importer does not know shipment through U.S. Customs. (xv) The amount of methyl bromide the U.S. port of entry, the expected date (v) If for some reason, following EPA’s sold or transferred during the quarter to of shipment and the vessel transporting issuance of a non-objection notice, new a person other than the importer solely the material, and the importer receives information is brought to EPA’s

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attention which shows that the non- controlled substance sent for (v) Laboratory use exemption objection notice was issued based on destruction; and distributors. Any distributor of false information, then EPA has the (v) If the person is the final aggregator laboratory supplies who purchased right to: of such a controlled substance before controlled substances under the global (A) Revoke the non-objection notice; the material is destroyed, maintain a essential laboratory and analytical use (B) Pursue all means to ensure that copy of the destruction verification. exemption must submit quarterly the class I controlled substance is not (h) Reporting requirements— (except distributors following imported into the United States; and exporters. (1) For any exports of class I procedures in paragraph (x) of this (C) Take appropriate enforcement controlled substances (except methyl section) the quantity of each controlled actions. bromide) not reported under paragraph substance purchased by each laboratory (8) Timing of import. A person (f)(3) of this section (reporting for customer or distributor whose receiving the non-objection notice is producers of controlled substances), the certification was previously provided to permitted to import the individual exporter who exported a class I the distributor pursuant to paragraph shipment only within one year of the controlled substance (except methyl (w) of this section, the contact date stamped on the non-objection bromide) must submit to the information for the source company notice. Administrator the following information from which material was purchased, (9) Additional recordkeeping and the laboratories to whom the requirements—importers of used, within 45 days after the end of the material is sold. recycled, or reclaimed controlled control period in which the unreported (w) Laboratory use exemption substances. A person receiving a non- exports left the United States: customers. *** objection notice from the Administrator * * * * * (2) The name, email address, and for a certification of intent to import (ii) The exporter’s Employer class I controlled substances for Identification Number; phone number of a contact person for destruction must maintain the following (iii) The type and quantity of each the laboratory customer; records: controlled substance exported including * * * * * (i) A copy of the certificate of intent the quantity of controlled substance that (y) Quarantine and preshipment to import for destruction; is used, recycled, or reclaimed; methyl bromide distributors. Every (ii) The EPA non-objection notice; * * * * * distributor of methyl bromide who (iii) A copy of the export license, (2) For any exports of methyl bromide purchases or receives a quantity export license application, or official not reported under paragraph (f)(3) of produced or imported for quarantine or communication from the appropriate this section (reporting for producers of preshipment applications under the government agency in the country of controlled substances), the exporter who exemptions in this subpart must comply export; exported methyl bromide must submit with the following recordkeeping and (iv) U.S. Customs entry documents for to the Administrator the following reporting requirements: the import that must include one of the information within 45 days after the end (1) Every distributor of quarantine and commodity codes from appendix K to of each quarter in which the unreported preshipment methyl bromide must this subpart; exports left the United States: certify to the producer, importer, or (v) The date, amount, and type of distributor from whom they purchased * * * * * controlled substance sent for or received the controlled substance that (ii) The exporter’s Employer destruction, per shipment; quantities purchased or received will be Identification Number; (vi) An invoice from the destruction sold only for quarantine applications or (iii) The quantity of methyl bromide facility verifying the shipment was preshipment applications in accordance exported by use (transformation, received; with the definitions in this subpart. (vii) A copy of the destruction destruction, critical use, or quarantine (2) Every distributor of quarantine and verification from the destruction and preshipment); preshipment methyl bromide must facility; and (iv) The date on which, and the port (viii) An English translation of the receive from an applicator, exporter, or from which, the methyl bromide was distributor to whom they sell or deliver document in paragraph (g)(9)(iii) of this exported from the United States or its section. the controlled substance a certification, territories; prior to delivery, stating that the (10) Recordkeeping requirements- (v) The country to which the methyl aggregators. A person identified in quantity will be used or sold solely for bromide was exported; quarantine applications or preshipment paragraph (g)(5)(iii) of this section as * * * * * aggregating a controlled substance prior applications in accordance with (viii) The invoice or sales agreement to destruction must: definitions in this subpart. containing language similar to the (i) Maintain transactional records that (3) Every distributor of quarantine and Internal Revenue Service Certificate that include the name and address of the preshipment methyl bromide must the purchaser or recipient of imported entity from whom they received the maintain the certifications as records for methyl bromide intends to transform controlled substance imported for 3 years. those substances, the destruction destruction; (4) Every distributor of quarantine and (ii) Maintain transactional records verifications (as in paragraph (k) of this preshipment methyl bromide must that include the name and address of section) showing that the purchaser or report to the Administrator within 45 the entity to whom they sent the recipient intends to destroy the days after the end of each quarter, the controlled substance imported for controlled substances, or the total quantity delivered to applicators or destruction; certification that the purchaser or end users for quarantine applications (iii) Maintain records that include the recipient and the eventual applicator and preshipment applications in date and quantity of the imported will only use the material for quarantine accordance with definitions in this controlled substance received for and preshipment applications in subpart. destruction; accordance with the definitions in this (z) Quarantine and preshipment (iv) Maintain records that include the subpart. methyl bromide applicators. Every date and quantity of the imported * * * * * applicator of methyl bromide who

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purchases or receives a quantity (1) Go to EPA’s Central Data Exchange appliances on or after January 1, 2021 produced or imported solely for website at https://cdx.epa.gov and must be used, recovered, or recycled. quarantine or preshipment applications follow the links for the submission of * * * * * under the exemptions in this subpart ozone-depleting substances. ■ 10. Effective April 16, 2020, amend must comply with the following (2) Call EPA’s Central Data Exchange § 82.15 by adding paragraphs (b)(3) and recordkeeping and reporting Help Desk at 1–888–890–1995. (g)(8) to read as follows: requirements: (3) Email the EPA’s Central Data (1) Recordkeeping. Every applicator of Exchange Help Desk at HelpDesk@ § 82.15 Prohibitions for class II controlled methyl bromide produced or imported epacdx.net. substances. for quarantine and preshipment ■ 9. Amend § 82.15 by: * * * * * applications under the exemptions of ■ a. Redesignating paragraphs (g)(5) and (b) * * * this subpart must maintain, for every (6) as (g)(6) and (7), respectively; and (3) No person may import for application, a document from the ■ b. Adding new paragraph (g)(5). purposes of destruction, at any time in commodity owner, shipper, or their The addition reads as follows: any control period, a class II controlled agent requesting the use of methyl substance for which EPA has § 82.15 Prohibitions for class II controlled apportioned baseline production and bromide citing the requirement that substances. justifies its use in accordance with consumption allowances, without * * * * * having submitted a certification of definitions in this subpart. These (g) * * * documents shall be retained for 3 years. intent to import for destruction to the (5)(i) Effective January 1, 2020, no Administrator and received a non- (2) Reporting. Every applicator who person may introduce into interstate purchases or receives methyl bromide objection notice in accordance with commerce or use HCFC–123 or HCFC– § 82.24(c)(6). A person issued a non- that was produced or imported for 124 (unless used, recovered and quarantine and preshipment objection notice for the import of an recycled) for any purpose other than for individual shipment of class II applications under the exemptions in use in a process resulting in its this subpart shall provide the distributor controlled substances for destruction transformation or its destruction; for use may not transfer or confer the right to of the methyl bromide, prior to as a refrigerant in equipment shipment, with a certification that the import and may not import any more manufactured before January 1, 2020; than the exact quantity (in kilograms) of methyl bromide will be used only for for use as a fire suppression streaming quarantine applications or preshipment the class II controlled substance stated agent listed as acceptable for use or in the non-objection notice. For imports applications as defined in this subpart. acceptable subject to narrowed use (aa) Quarantine and preshipment intended to be destroyed in the United limits for nonresidential applications in States, a person issued a non-objection methyl bromide end user certification. accordance with the regulations at Every commodity owner, shipper or notice must destroy the controlled subpart G of this part and only to the substance within one year of the date their agent requesting an applicator to extent permitted under paragraph stamped on the non-objection letter, use methyl bromide that was produced (g)(5)(ii) of this section; for export to may not transfer or confer the right to or imported solely for quarantine and Article 5 Parties under § 82.18(a); as a import, and may not import any more preshipment applications under the transhipment or heel; or for exemptions than the exact quantity (in kilograms) of exemptions of this subpart must permitted under paragraph (f) of this the class II controlled substance stated maintain a record for 3 years, for each section. in the non-objection notice. Every request, certifying knowledge of the (ii) HCFC–123 that was produced or kilogram of import of class II controlled requirements associated with the imported on or after January 1, 2020 substance in excess of the quantity exemption for quarantine and may be used as a fire suppression stated in the non-objection notice issued preshipment applications in this streaming agent only to service by the Administrator in accordance with subpart and citing the requirement that equipment manufactured before January § 82.24(c)(6) constitutes a separate justifies its use. The record must 1, 2020. HCFC–123 that was produced violation of this subpart. include the following statement: ‘‘I or imported prior to January 1, 2020 (or * * * * * certify knowledge of the requirements used, recovered and recycled) may be associated with the exempted (g) * * * used as a fire suppression streaming (8) No person may sell or distribute, quarantine and preshipment agent in equipment manufactured or offer for sale or distribution, any class applications published in 40 CFR part before, on, or after January 1, 2020. II substance that they know, or have 82, including the requirement that this (iii) Notwithstanding the prohibition reason to know, was imported in letter cite the treatments or official on use in paragraph (g)(5)(i) of this violation of this section, except for such controls for quarantine applications or section, the use of HCFC–123 as a actions needed to re-export the the official requirements for refrigerant in equipment manufactured controlled substance. Every kilogram of preshipment requirements.’’ on or after January 1, 2020 but before a controlled substance imported in * * * * * January 1, 2021 is permitted if the contravention of this paragraph (g)(8) ■ 8. Effective April 16, 2020, add conditions of this paragraph (g)(5)(iii) that is sold or distributed, or offered for § 82.14 to read as follows: are met. The HCFC–123 must be in the sale or distribution, constitutes a possession of an entity that will separate violation of this subpart. § 82.14 Process for electronic reporting. complete the manufacture of the ■ 11. Amend § 82.16 by removing the (a) Starting May 18, 2020, reports and appliance and imported prior to January heading from paragraph (a) and revising petitions that are available to be 1, 2020. The appliance components paragraphs (a)(1) and (e) to read as submitted through the Central Data must be ready for shipment to a follows: Exchange, as well as any related construction location prior to July 24, supporting documents, must be 2019 and be specified in a building § 82.16 Phaseout schedule of class II submitted through that tool. permit or a contract dated before July controlled substances. (b) Entities can register and access the 24, 2019 for use on a particular project. (a)(1) Calendar-year allowances. In Central Data Exchange as follows: All HCFC–123 used to service such each control period as indicated in the

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following tables, each person is granted production allowances and baseline specified class II controlled substances the specified percentage of baseline consumption allowances for the apportioned under §§ 82.17 and 82.19:

TABLE 1 TO PARAGRAPH (a)—CALENDAR-YEAR HCFC PRODUCTION ALLOWANCES

Percent of Percent of Percent of Percent of Percent of Percent of Percent of Control period HCFC–141b HCFC–22 HCFC–142b HCFC–123 HCFC–124 HCFC–225ca HCFC–225cb

2003 ...... 0 100 100 ...... 2004 ...... 0 100 100 ...... 2005 ...... 0 100 100 ...... 2006 ...... 0 100 100 ...... 2007 ...... 0 100 100 ...... 2008 ...... 0 100 100 ...... 2009 ...... 0 100 100 ...... 2010 ...... 0 41.9 0.47 0 125 125 125 2011 ...... 0 32 4.9 0 125 125 125 2012 ...... 0 17.7 4.9 0 125 125 125 2013 ...... 0 30.1 4.9 0 125 125 125 2014 ...... 0 26.1 4.9 0 125 125 125 2015 ...... 0 21.7 0.37 0 5 0 0 2016 ...... 0 21.7 0.32 0 5 0 0 2017 ...... 0 21.7 0.26 0 5 0 0 2018 ...... 0 21.7 0.21 0 5 0 0 2019 ...... 0 21.7 0.16 0 5 0 0 2020 ...... 0 0 0 0 5.0 0 0 2021 ...... 0 0 0 0 5.0 0 0 2022 ...... 0 0 0 0 5.0 0 0 2023 ...... 0 0 0 0 4.4 0 0 2024 ...... 0 0 0 0 3.8 0 0 2025 ...... 0 0 0 0 3.2 0 0 2026 ...... 0 0 0 0 2.5 0 0 2027 ...... 0 0 0 0 1.9 0 0 2028 ...... 0 0 0 0 1.3 0 0 2029 ...... 0 0 0 0 0.7 0 0 2030 ...... 0 0 0 0 0 0 0

TABLE 2 TO PARAGRAPH (a)—CALENDAR-YEAR HCFC CONSUMPTION ALLOWANCES

Percent of Percent of Percent of Percent of Percent of Percent of Percent of Control period HCFC–141b HCFC–22 HCFC–142b HCFC–123 HCFC–124 HCFC–225ca HCFC–225cb

2003 ...... 0 100 100 ...... 2004 ...... 0 100 100 ...... 2005 ...... 0 100 100 ...... 2006 ...... 0 100 100 ...... 2007 ...... 0 100 100 ...... 2008 ...... 0 100 100 ...... 2009 ...... 0 100 100 ...... 2010 ...... 0 41.9 0.47 125 125 125 125 2011 ...... 0 32 4.9 125 125 125 125 2012 ...... 0 17.7 4.9 125 125 125 125 2013 ...... 0 18 4.9 125 125 125 125 2014 ...... 0 14.2 4.9 125 125 125 125 2015 ...... 0 7 1.7 100 8.3 0 0 2016 ...... 0 5.6 1.5 100 8.3 0 0 2017 ...... 0 4.2 1.2 100 8.3 0 0 2018 ...... 0 2.8 1 100 8.3 0 0 2019 ...... 0 1.4 0.7 100 8.3 0 0 2020 ...... 0 0 0 32.3 8.3 0 0 2021 ...... 0 0 0 32.3 8.3 0 0 2022 ...... 0 0 0 32.3 8.3 0 0 2023 ...... 0 0 0 28.4 7.3 0 0 2024 ...... 0 0 0 24.4 6.3 0 0 2025 ...... 0 0 0 20.4 5.3 0 0 2026 ...... 0 0 0 16.4 4.2 0 0 2027 ...... 0 0 0 12.5 3.2 0 0 2028 ...... 0 0 0 8.5 2.2 0 0 2029 ...... 0 0 0 4.5 1.1 0 0 2030 ...... 0 0 0 0 0 0 0

* * * * * (e)(1) Effective January 1, 2020, no HCFC–142b for any purpose other than person may produce HCFC–22 or for use in a process resulting in their

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transformation or their destruction, for ■ i. Removing and reserving paragraph (viii) A description of the intended export under § 82.18(a) using (b)(2)(xii); use of the used class II controlled unexpended Article 5 allowances, or for ■ j. In paragraph (b)(2)(xiii), removing substance, and, when possible, the exemptions permitted in § 82.15(f). the semicolon and adding a period in its name, address, contact person, email Effective January 1, 2020, no person place; address, and phone number of the may import HCFC–22 or HCFC–142b for ■ k. Removing paragraph (b)(2)(xiv); ultimate purchaser in the United States; any purpose other than for use in a ■ l. Removing and reserving paragraph (ix) The name, address, contact process resulting in their transformation (c)(1)(vi); person, email address, and phone or their destruction or for exemptions ■ m. Removing paragraphs (c)(1)(x) and number of the U.S. reclamation facility, permitted in § 82.15(f). (xi); where applicable; (2) Effective January 1, 2020, no ■ n. In paragraph (c)(2)(xiv), add ‘‘and’’ (x) If someone at the source facility person may produce HCFC–123 for any at the end of the paragraph; recovered the class II controlled purpose other than for use in a process ■ o. Removing paragraph (c)(2)(xvi); substance from the equipment, the resulting in its transformation or its ■ p. Revising paragraphs (c)(3)(i) name, email address, and phone number destruction, for use as a refrigerant in through (iii), (vi), and (viii) through of that person; equipment manufactured before January (xiii), (c)(4)(i)(A), and (c)(4)(vii); (xi) If the imported class II controlled 1, 2020, for export under § 82.18(a) ■ q. Adding paragraphs (c)(6) through substance was reclaimed in a foreign using unexpended Article 5 allowances, (11); Party, the name, address, contact or for exemptions permitted in ■ r. Revising paragraphs (d)(1) person, email address, and phone § 82.15(f). Effective January 1, 2020, no introductory text and (d)(1)(iii); number of any or all foreign reclamation person may import HCFC–123 for any ■ s. Removing and reserving paragraph facility(ies) responsible for reclaiming purpose other than for use in a process (d)(2); and the cited shipment; resulting in its transformation or its ■ t. Removing paragraph (g). (xii) The export license, application destruction, for use as a refrigerant in The revisions and additions read as for an export license, or official equipment manufactured before January follows: communication acknowledging the 1, 2020, for use as a fire suppression export from the appropriate government streaming agent in equipment § 82.24 Recordkeeping and reporting agency in the country of export and, if requirements for class II controlled manufactured before January 1, 2020 substances. recovered in another country, the export and listed as acceptable for use or license or official communication from acceptable subject to narrowed use (a) * * * the appropriate government agency in (1) Reports required by this section limits for nonresidential applications, or that country, and quantity authorized must be submitted to the Administrator for exemptions permitted in § 82.15(f). for export in kilograms on the export within 45 days of the end of the license, and an English translation of * * * * * applicable reporting period, unless ■ 12. Effective April 16, 2020, amend these documents; otherwise specified. Starting May 18, (xiii) If the imported used class II § 82.23 by: 2020, reports that are available for ■ a. Removing and reserving paragraph controlled substance is intended to be submission through the Central Data sold as a refrigerant in the United States, (a)(i)(F); and Exchange must be submitted ■ the name, address, and email address of b. Adding paragraphs (b)(1)(i) and (ii). electronically through that tool. The additions read as follows: the EPA-certified U.S. reclaimer who * * * * * will bring the material to the standard § 82.23 Transfers of allowances of class II (b) * * * required under subpart F of this part, if controlled substances. (2) * * * not already reclaimed to those * * * * * (iv) Dated records of the quantity (in specifications; and (b) * * * kilograms) of class II controlled * * * * * (1) * * * substances produced with Article 5 (4) * * * (i) A person (transferor) may only allowances; (i) * * * convert allowances for one class II * * * * * (A) If the Administrator determines controlled substance for which EPA has (c) * * * that the information is insufficient, that issued allowances under § 82.16 to (3) * * * is, if the petition lacks or appears to lack another class II controlled substance for (i) The name, commodity code and any of the information required under which EPA has issued allowances under quantity (in kilograms) of the used class paragraph (c)(3) of this section or other § 82.16. II controlled substance to be imported; information that may be requested (ii) [Reserved] (ii) The name and address of the during the review of the petition * * * * * importer, the importer ID number, the necessary to verify that the controlled ■ 13. Effective April 16, 2020, amend contact person, email address, and substance is used; § 82.24 by: phone number; * * * * * ■ a. Revising paragraph (a)(1); (iii) Name, address, contact person, (vii) A person receiving the non- ■ b. Removing and reserving paragraph email address, and phone number of all objection notice is permitted to import (b)(1)(iv); previous source facilities from which the individual shipment only within ■ c. In paragraph (b)(1)(viii), adding the used class II controlled substance one year of the date stamped on the ‘‘and’’ at the end of the paragraph; was recovered; ■ d. Removing and reserving paragraph non-objection notice. * * * * * (b)(1)(ix); * * * * * ■ e. In paragraph (b)(1)(x), removing ‘‘; (vi) Name, address, contact person, (6) Certification of intent to import for and’’ and adding a period in its place; email address, and phone number of the destruction. For each individual ■ f. Removing paragraph (b)(1)(xi); exporter and of all persons to whom the shipment of a class II controlled ■ g. Revising paragraph (b)(2)(iv); material was transferred or sold after it substance imported with the intent to ■ h. In paragraph (b)(2)(xi), adding was recovered from the source facility; destroy that substance, an importer ‘‘and’’ at the end of the paragraph; * * * * * must submit electronically to the

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Administrator, at least 30 working days Administrator will initiate a review of (v) The date, amount, and type of before the shipment is to leave the the information submitted under controlled substance sent for foreign port of export, the following paragraph (c)(6) of this section and take destruction, per shipment; information: action within 30 working days to issue (vi) An invoice from the destruction (i) Name, commodity code, and either an objection notice or a non- facility verifying the shipment was quantity in kilograms of each controlled objection notice for the individual received; shipment to the person who submitted substance to be imported; (vii) A copy of the destruction the certification of intent to import the (ii) Name and address of the importer, verification from the destruction class II controlled substance for the importer ID number, and the contact facility; and person’s name, email address, and destruction. (viii) An English translation of the phone number; (ii) The Administrator may issue an document in paragraph (c)(10)(iii) of (iii) Name and address of any objection notice if the petition lacks or this section. intermediary who aggregates controlled appears to lack any of the information substances imported for destruction, required under paragraph (c)(6) of this (11) Recordkeeping requirements- and the contact person’s name, email section or for the reasons listed in aggregators. A person identified in address, and phone number; paragraphs (c)(4)(i)(B) through (E) of this paragraph (c)(6)(iii) of this section as (iv) The U.S. port of entry for the section. aggregating a controlled substance prior import, the expected date of shipment (iii) In cases where the Administrator to destruction must: and the vessel transporting the material. does not object to the petition, the (i) Maintain transactional records that If at the time of submitting the Administrator will issue a non-objection include the name and address of the certification of intent to import for notice. entity from whom they received the destruction the importer does not know (iv) To pass the approved class II controlled substance imported for the U.S. port of entry, the expected date controlled substances through U.S. destruction; Customs, the non-objection notice of shipment and the vessel transporting (ii) Maintain transactional records issued by EPA must accompany the the material, and the importer receives that include the name and address of shipment through U.S. Customs. a non-objection notice for the individual the entity to whom they sent the (v) If for some reason, following EPA’s shipment in the petition, the importer is controlled substance imported for issuance of a non-objection notice, new required to notify the Administrator of destruction; information is brought to EPA’s this information prior to the entry of the attention which shows that the non- (iii) Maintain records that include the individual shipment into the United objection notice was issued based on date and quantity of the imported States; false information, then EPA has the controlled substance received for (v) Name, address, contact person, right to: destruction; email address, and phone number of the (A) Revoke the non-objection notice; (iv) Maintain records that include the responsible party at the destruction (B) Pursue all means to ensure that date and quantity of the imported facility; the class II controlled substance is not controlled substance sent for (vi) The export license, application for imported into the United States; and destruction; and an export license, or official (C) Take appropriate enforcement communication acknowledging the (v) If the person is the final aggregator actions. of such a controlled substance before export from the appropriate government (9) Timing of import. A person agency in the country of export and, if the material is destroyed, maintain a receiving the non-objection notice is copy of the destruction verification. recovered in another country, the export permitted to import the individual (d) * * * license or official communication from shipment only within one year of the the appropriate government agency in date stamped on the non-objection (1) Reporting requirements— that country, and quantity authorized notice. exporters. For any exports of class II for export in kilograms on the export (10) Additional recordkeeping controlled substances not reported license, and an English translation of requirements—importers of used, under paragraph (b)(2) of this section these documents; and recycled, or reclaimed controlled (reporting for producers of class II (vii) A certification of accuracy of the substances. A person receiving a non- controlled substances), each exporter information submitted in the objection notice from the Administrator who exported a class II controlled certification. for a certification of intent to import substance must submit to the (7) Destruction verification. For each class II controlled substances for Administrator the following information individual shipment of a class II destruction must maintain the following within 30 days after the end of each controlled substance imported with the records: quarter in which the unreported exports intent to destroy that substance, an (i) A copy of the certificate of intent left the United States: importer must submit to the to import for destruction; * * * * * Administrator a copy of the destruction (ii) The EPA non-objection notice; (iii) The type and quantity of each verification within 30 days after (iii) A copy of the export license, class II controlled substance exported, destruction of the controlled export license application, or official including the quantity of controlled substance(s). communication from the appropriate substance that is used, reclaimed, or (8) Review of certification of intent to government agency in the country of recycled; import for destruction. (i) Starting on export; the first working day following receipt (iv) U.S. Customs entry documents for * * * * * by the Administrator of a certification of the import that must include one of the ■ 14. Effective April 16, 2020, revise intent to import a class II controlled commodity codes from appendix K to appendix K to subpart A to read as substance for destruction, the this subpart; follows:

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APPENDIX K TO SUBPART A OF PART 82—COMMODITY CODES FROM THE HARMONIZED TARIFF SCHEDULE FOR CONTROLLED SUBSTANCES AND USED CONTROLLED SUBSTANCES

Commodity code Description of commodity or chemical from harmonized tariff schedule

Class II: HCFC–22 (Chlorodifluoromethane) ...... 2903.71.0000 HCFC–123 (Dichlorotrifluoroethane) ...... 2903.72.0020 HCFC–124 (Monochlorotetrafluoroethane) ...... 2903.79.1000 HCFC–141b (Dichlorofluoroethane) ...... 2903.73.0000 HCFC–142b (Chlorodifluoroethane) ...... 2903.74.0000 HCFC–225ca, HCFC–225cb (Dichloropentafluoropropanes) ...... 2903.75.0000 HCFC–21, HCFC–31, HCFC–133, and other HCFCs ...... 2903.79.9070 HCFC Mixtures (R–401A, R–402A, etc.) ...... 3824.74.0000 Class I: CFC–11 (Trichlorofluoromethane) ...... 2903.77.0010 CFC–12 (Dichlorodifluoromethane) ...... 2903.77.0050 CFC–113 (Trichlorotrifluoroethane) ...... 2903.77.0020 CFC–114 (Dichlorotetrafluoroethane) ...... 2903.77.0030 CFC–115 (Monochloropentafluoroethane) ...... 2903.77.0040 CFC–13, CFC–111, CFC–112, CFC–211, CFC–212, CFC–213, CFC–214, CFC–215, CFC–216, CFC–217, and other CFCs ...... 2903.77.0080 CFC Mixtures (R–500, R–502, etc.) ...... 3824.71.0100 Carbon Tetrachloride ...... 2903.14.0000 Halon 1301 (Bromotrifluoromethane) ...... 2903.76.0010 Halon, other ...... 2903.76.0050 Methyl Bromide ...... 2903.39.1520 Methyl Chloroform ...... 2903.19.6010

■ 15. Effective April 16, 2020, amend (d) * * * destruction might result in a § 82.62 by adding, in alphabetical order, (2) * * * commercially useful end product but the definition for ‘‘Polyurethane Foam (vi) Document preservation sprays such usefulness would be secondary to System’’ to read as follows: which contain CFC–113 as a solvent, the act of destruction. Destruction must but which contain no other CFCs, and/ be achieved using one of the controlled § 82.62 Definitions. or document preservation sprays which processes approved by the Parties and * * * * * contain CFC–12 as a propellant, but listed in the definition of destruction in Polyurethane Foam System means an which contain no other CFCs, and § 82.3. item consisting of two transfer pumps which are used solely on thick books, * * * * * that deliver ingredients (polyisocyanate books with coated or dense paper and ■ or isocyanate from one side and a tightly bound documents; 19. Effective April 16, 2020, amend mixture including the blowing agent, (e) Any air-conditioning or § 82.106 by revising paragraph (a) to catalysts, flame retardants, and/or refrigeration appliance as defined in the read as follows: stabilizers from the other side) to a Clean Air Act (CAA) 601(1) that § 82.106 Warning statement requirements. metering/mixing device which allows contains a Class I substance used as a the components to be delivered in the refrigerant; and (a) Required warning statements. (1) appropriate proportions. (f) Any polyurethane foam system that Unless otherwise exempted by this subpart, each container or product * * * * * contains any CFC. ■ 18. Effective April 16, 2020, amend identified in § 82.102(a) or (b) shall bear ■ 16. Effective April 16, 2020, amend the following warning statement, § 82.64 by adding paragraph (h) to read § 82.104 by revising paragraphs (c) and (h) to read as follows: meeting the requirements of this subpart as follows: for placement and form: § 82.64 Prohibitions. § 82.104 Definitions. WARNING: Contains [or * * * * * * * * * * Manufactured with, if applicable] [insert (h) No person may sell or distribute, (c) Completely destroy means to cause name of substance], a substance which or offer to sell or distribute, in interstate the destruction of a controlled substance harms public health and environment commerce any of the products identified by one of the destruction processes by destroying ozone in the upper as being nonessential in § 82.66(f). approved by the Parties and listed in atmosphere. § 82.3 at a demonstrable destruction (2) Each container of fire suppression ■ 17. Effective April 16, 2020, amend efficiency of 98 percent or more or a agent containing HCFC–123 produced § 82.66 by: greater destruction efficiency if required or imported on or after January 1, 2020 ■ a. Revising paragraphs (d)(2)(vi) and under other applicable Federal shall bear the following warning (e); and regulations. ■ b. Adding paragraph (f). statement, meeting the requirements of The revisions and addition read as * * * * * this subpart for placement and form: follows: (h) Destruction means the expiration WARNING: Contains [insert name of of a controlled substance to the substance], a substance which harms § 82.66 Nonessential Class I products and destruction efficiency actually achieved, public health and environment by exceptions. unless considered completely destroyed destroying ozone in the upper * * * * * as defined in this section. Such atmosphere. Use Only for Recharge of

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Equipment Manufactured before January public health and environment by (e) No person shall dispose of halon 1, 2020. destroying ozone in the upper except by sending it for recycling to a (3) Each container of fire suppression atmosphere. For use in any equipment. recycler operating in accordance with agent containing reclaimed HCFC–123 * * * * * NFPA 10 and NFPA 12A standards, or or HCFC–123 that was imported prior to by arranging for its destruction using January 1, 2020, shall bear the following ■ 20. Effective April 16, 2020, amend one of the controlled processes warning statement, meeting the § 82.270 by revising paragraph (e) to approved by the Parties and listed in the requirements of this subpart for read as follows: definition of destruction in § 82.3. placement and form: § 82.270 Prohibitions. * * * * * WARNING: Contains [insert name of [FR Doc. 2019–28020 Filed 3–16–20; 8:45 am] substance], a substance which harms * * * * * BILLING CODE 6560–50–P

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Part III

Department of Agriculture

Food and Nutrition Service 7 CFR Parts 271 and 273 Employment and Training Opportunities in the Supplemental Nutrition Assistance Program; Proposed Rule

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DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: by the Act. The proposed rule would Moira Johnston, Food and Nutrition require State agencies to re-direct Food and Nutrition Service Service, Office of Employment and individuals who are determined ill- Training, 1320 Braddock Place, suited for an E&T program component 7 CFR Parts 271 and 273 Alexandria, VA 22314, or ETORule@ to other more suitable activities. The proposed rule would also codify [FNS–2019–0008] usda.gov. some changes to ABAWD policy. These SUPPLEMENTARY INFORMATION: The RIN 0584–AE68 proposed rule would implement the changes include updating the regulations to reflect the reduction in Employment and Training changes made by section 4005 of the Agriculture Improvement Act of 2018 the number of ABAWD work Opportunities in the Supplemental exemptions from 15 percent to 12 (Pub. L. 115–334) (the Act) to the Nutrition Assistance Program percent (this change was implemented Supplemental Nutrition Assistance at the start of Fiscal Year 2020) and AGENCY: Food and Nutrition Service Program (SNAP). The proposed rule referring to such exemptions as (FNS), USDA. would require State agencies to consult ‘‘discretionary exemptions,’’ as well as ACTION: Proposed rule. with their State workforce development adding workforce partnerships and boards on the design of their E&T employment and training programs for SUMMARY: The proposed rule would programs and require State agencies to veterans operated by the Department of implement the changes made by section document in their E&T State plans the Labor or the Department of Veteran’s 4005 of the Agriculture Improvement extent to which their E&T programs will Act of 2018 (the Act) to the Affairs to the list of work programs for be carried out in coordination with ABAWDs. The rule would also replace Supplemental Nutrition Assistance activities under title I of the Workforce Program (SNAP) pertaining to the ‘‘job search’’ with ‘‘supervised job Innovation and Opportunity Act search’’ as a type of activity that cannot Employment and Training (E&T) (WIOA). The proposed rule would also program and aspects of the work count as a work program for the make changes to E&T components purposes of an ABAWD fulfilling their requirement for able-bodied adults including: Replacing job search with without dependents (ABAWDs). In work requirement, unless it comprises supervised job search as a component; less than half the work requirement. general, these changes are related to eliminating job finding clubs; replacing strengthening the SNAP E&T program, The proposed rule would add the job skills assessments with requirement that all State agencies adding workforce partnerships as a way employability assessments; adding for SNAP participants to meet their advise certain types of households apprenticeships and subsidized subject to the general work requirement work requirements, and modifying the employment as allowable activities; work requirement for ABAWDs. at recertification of employment and requiring a 30-day minimum for training opportunities. The rule would DATES: Written comments must be provision of job retention services; and also require State agencies to provide to received on or before May 18, 2020 to allowing those activities from the E&T all households subject to work be assured of consideration. pilots authorized under the Agricultural requirements with a consolidated ADDRESSES: The Food and Nutrition Act of 2014 (Pub. L. 113–79) that have written statement and comprehensive Service, USDA, invites interested had the most demonstrable impact on oral explanation of the work persons to submit written comments on the ability of participants to find and requirements for individuals within the this proposed rule. Comments may be retain employment that leads to household. submitted in writing by one of the increased income and reduced reliance Overall, the Department believes the following methods: on public assistance to become statutory changes made by section 4005 • Federal eRulemaking Portal: Go to allowable E&T activities. of the Act will strengthen E&T http://www.regulations.gov. Follow the The proposed rule would also require programs, and improve SNAP online instructions for submitting that, in addition to providing one or participants’ ability to gain and retain comments. more E&T components, all E&T employment, thus reducing participant • Mail: Send comments to Moira programs provide case management reliance on the social safety net. Johnston, Food and Nutrition Service, services to E&T participants. The rule Through this legislation, Congress has Office of Employment and Training, would revise the definition of good tasked the Department and State 1320 Braddock Place, Alexandria, VA cause for failure to comply with the agencies with reviewing and bolstering 22314. requirement to participate in E&T to the quality and accountability of E&T • Email: Send comments to include instances in which an programs for SNAP participants. The [email protected]. Include Docket ID appropriate component or opening in an proposed rule would allow for more Number [FNS–2019–0008], E&T program is not available and would evidence-based components and require ‘‘Employment and Training also modify the required reporting more accountability on the part of both Opportunities in the Supplemental elements in the final quarterly E&T State agencies and E&T participants Nutrition Assistance Program’’ in the Program Activity Report provided by while also retaining State flexibility. subject line of the message. State agencies to include the number of Notably, the addition of case • All written comments submitted in SNAP participants who are required to management to the definition of an E&T response to this proposed rule will be participate in E&T and, of those, the program fundamentally changes SNAP included in the record and will be made number who begin participation. The E&T and the expectation for how State available to the public. Please be proposed rule would add workforce agencies must engage with E&T advised that the substance of the partnerships as a way for SNAP participants. As a result, the Department comments and the identity of the participants to meet their work proposes several changes to the way individuals or entities submitting the requirements. It would also establish a E&T programs are described. Under the comments will be subject to public funding formula for reallocated E&T proposed rule, an E&T program would disclosure. FNS will make the written funds, and increase the minimum be defined as a program providing both comments publicly available on the allocation of 100 percent funds for each case management and one or more E&T internet via http://www.regulations.gov. State agency to $100,000, as prescribed components. E&T components may be

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comprised of a number of activities extent to which their E&T programs are Supervised Job Search which are designed to achieve the coordinated with activities carried out Current regulations at 7 CFR purpose of the component. The under title I of WIOA. The Department 273.7(e)(1)(i) establish job search as an Department is also asking for input would like to clarify that, despite these allowable E&T component. In addition, around the requirement to verify SNAP new requirements for consultation with current regulations at 7 CFR 273.7(e)(1) eligibility for E&T participation. State workforce development boards specify that ‘‘job search or job search The Department will discuss each of and for documenting in E&T State plans training, when offered as components of the proposed regulatory changes in the extent to which State agencies have an E&T program, are not qualifying more detail below. coordinated with activities carried out activities relating to the participation Consultation With Workforce under title I of WIOA, State agencies requirements necessary to maintain Development Boards and Coordination would not need approval from the State SNAP eligibility for ABAWDs.’’ With the Workforce Innovation and workforce development board to However, the current provision goes on Opportunity Act (WIOA) implement their E&T program. The State to state that ‘‘job search or job search Current regulations at 7 CFR SNAP agency would remain responsible training activities, when offered as part 273.7(c)(5) require that E&T components for implementing and operating the of other E&T program components, are must be delivered through the State’s State’s E&T program. acceptable as long as those activities statewide workforce development The Department encourages State comprise less than half the total system, unless the component is not agencies to take full advantage of the required time spent in the components.’’ available locally through such a system. workforce development expertise that The Act replaced the E&T job search The Act added the requirement in already exists in their States to inform component with supervised job search section 6(d)(4)(A) of the Food and their E&T programs. Generally, E&T in section 6(d)(4)(B)(i)(I) of the FNA, Nutrition Act (FNA) that State agencies programs must be delivered through and defined supervised job search as an must design their SNAP E&T programs statewide workforce development E&T component that occurs at State- in consultation with their State systems—a broad network of service approved locations at which the activities of participants shall be workforce development board or, if the providers which may include: directly supervised, and the timing and State agency demonstrates that Government and the public sector; activities of participants tracked in consultation with private employers or community-based organizations and accordance with guidelines issued by employer organizations would be more nonprofits; employers and industry; the State agency. The Department effective or efficient, in consultation occupational training providers; and instructed State agencies in the March 6, with private employers or employer post-secondary institutions, such as 2019, Informational Memorandum on organizations. The Act also added a new community colleges. State agencies Farm Bill E&T that, if they offer job requirement that State agencies include should work with their Departments of search as part of SNAP E&T, that job in their E&T State plans the extent to Labor, State and local workforce search must be supervised, in which the State agency will coordinate development boards, and American Job with the activities carried out under title compliance with the new statutory Centers, as well as tribal workforce I of the Workforce Innovation and requirements in FY 2020. Likewise, here development programs, to obtain Opportunity Act (WIOA). The the Department proposes to codify the comprehensive labor market Department instructed State agencies in new supervised job search component at information when designing their E&T the March 6, 2019, Informational current 7 CFR 273.7(e)(1)(i), now being programs, and to capitalize on existing Memorandum on Farm Bill E&T redesignated as 7 CFR 273.7(e)(2)(i). In (https://www.fns.usda.gov/snap/snap- workforce development infrastructure addition, the Department proposes to section-4005-agriculture-improvement- and resources to ensure E&T make edits to current 7 CFR 273.7(e)(1), act-2018-informational-memorandum) participants have access to appropriate at redesignated 7 CFR 273.7(e)(2), to that these provisions were self-enacting E&T services necessary to move them specify that job search, including and States should begin implementing into good jobs and toward economic supervised job search, when offered as them immediately and incorporate a self-sufficiency. The Department components of an E&T program, are not description into their FY 2020 E&T State encourages State agencies to design in and of themselves ‘‘qualifying plans. The Department proposes to programs that are responsive to the activities relating to the participation modify the regulation at 7 CFR needs of employers. Local Departments requirements necessary to fulfill the 273.7(c)(5) to add the requirement that of Labor or American Jobs Centers may ABAWD work requirement under State agencies design their E&T have existing relationships with local § 273.24.’’ programs in consultation with their employers through which they have However, job search, including State workforce development board or generated important information about supervised job search, are acceptable with employers or employer the local labor market and employer activities when offered as part of other organizations, if the State agency training needs. State agencies should E&T program components and those demonstrates such consultation would leverage the insights gained through activities comprise less than half of the be more effective or efficient. The these existing relationships as they total required time spent in the Department also proposes to modify the build their own E&T programs. components. The Department also regulation at 7 CFR 273.7(c)(6)(xii), as Nevertheless, the Department would proposes changes related to supervised redesignated, to require State agencies again emphasize that, while State job search in the section on ABAWD to describe in their E&T State plans how agencies may utilize the workforce work programs at 7 CFR they met this requirement to consult, development expertise of other agencies 273.24(a)(1)(iii), which are discussed in and to include a description of any or organizations, it ultimately remains the section titled Work Programs for outcomes from this consultation. The the responsibility of the State agency to Fulfilling the ABAWD Work Department also proposes to modify the ensure that E&T programs meet all Requirement later in this preamble. regulation at 7 CFR 273.7(c)(6)(xii), as SNAP requirements and operate in As noted above, the Department redesignated, to require State agencies compliance with SNAP law and proposes to update the job search to document in their E&T State plan the regulations. component to supervised job search in

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current 7 CFR 273.7(e)(1)(i), at modes and approaches and does not emails, phone calls, or text messages; or redesignated 7 CFR 273.7(e)(2)(i). In intend to presuppose how supervision electronic sign-ins through State- accordance with the Act, the or State-approved location may be approved websites or web-based Department proposes to define defined in the final rule. applications)? How would these supervised job search as an E&T The Department seeks comments different potential approaches affect the component that occurs at State- especially from State agencies and E&T ability of E&T participants to access approved locations at which the providers on the ways in which this supervised job search activities and activities of participants shall be provision can best be implemented by State agency administrative burden? directly supervised, and the timing and State agencies choosing to provide In addition, the Department seeks activities of participants tracked, in supervised job search as a tool to move comments describing current job search accordance with guidelines issued by E&T participants toward improved programs operated as part of E&T the State agency. The requirements employment outcomes. Particular programs or other workforce encourage the development of questions include: development programs that are directly environments and engagement strategies • State-approved locations: What supervised and where the timing and that ensure the time an E&T participant types of locations would State agencies activities of participants are tracked by spends looking for a job is productive consider as State-approved locations the State agency or providers. How are and more likely to lead to improved (e.g., in a specific type of facility such State agencies or providers providing employment outcomes. as local SNAP office, an American Job this direct supervision and tracking the The Department also believes that Center, or the office of an E&T provider; timing and activities of E&T supervised job search should not create an interactive website; or through an participants? Do these programs require unnecessary impediments that would application on a mobile phone)? What that the activities and supervision take hinder an E&T participant’s ability to criteria would State agencies consider place at a State-approved location? If so, move toward self-sufficiency. The when determining State-approved how is location defined? What lessons Department recognizes that meeting this locations (e.g., ease of access for E&T learned can State agencies or their expectation may require additional State participants; ability of the State agency providers share to assist the Department agency resources, particularly with to provide oversight of activities; cost to in ensuring State agencies create regard to directly supervising E&T the State agency)? How would these supervised job search components that participants and tracking their timing different approaches affect the ability of are accessible to E&T participants, and activities. For instance, State E&T participants to access supervised particularly those in rural areas or who agencies may need to identify new job search activities and State agency might otherwise have challenges environments or tools to provide administrative burden? accessing a physical location, that • supervised job search and invest in staff Directly supervise participants: employ evidence-based strategies to to actively engage E&T participants to How might State agencies directly move participants towards improved help them find meaningful work. In this supervise E&T participants participating employment outcomes, and that proposed rule the Department has in supervised job search? What types of effectively maximize all available State chosen to include the regulatory text as activities would State agencies include E&T resources? written in the statute and seek as part of this supervision (e.g., guiding The Department recognizes that job comments about how to further define E&T participants to increase the success search, supervised or otherwise, can be what constitutes ‘‘supervised’’ and of their job search; ensuring that E&T an important activity for E&T ‘‘State-approved location.’’ The participants spend an appropriate participants seeking employment or Department in particular seeks number of hours searching for jobs to looking for a new job where they can comments on how to define supervision fulfill their work requirement, as apply the skills gained through E&T. for the purposes of this provision, applicable; or connecting E&T The Joint Explanatory Statement of the including whether supervision shall be participants with other resources to Committee of Conference, issued with provided in-person, and whether a improve their ability to gain the Act, reinforced that view by stating ‘‘State-approved location’’ shall be a set employment)? What modes would State that ‘‘unsupervised job search’’ may be geographic point, or whether State agencies consider to deliver this a ‘‘subsidiary component’’ for the agencies may be able to meet this supervision (e.g., in-person, text purposes of meeting a work requirement in a virtual or telephonic messages, chat rooms, or phone calls)? requirement, so long as it is less than environment. How would these different potential half of the requirement.1 As a result, the In addition, the Department seeks approaches affect the ability of E&T Department proposes in 7 CFR comments on the various modes or participants to access supervised job 273.7(e)(1)(i), redesignated as 7 CFR approaches for providing supervised job search activities and State agency 273.7(e)(2)(i), that job search not search, including how State agencies administrative burden? How might meeting the definition of supervised job and E&T providers would administer different approaches impact E&T search (i.e., that does not meet all three such programs in a physical location outcomes and move participants toward of the following conditions: Takes place and how they might provide these self-sufficiency through work? at a State-approved location, is directly • Tracking timing and activities of services for E&T participants, such as supervised, and the timing and participants: How might State agencies those in rural areas, who may have activities of participants are tracked) can track the timing and activities of E&T challenges fulfilling their requirement be a subsidiary activity of another E&T participants in supervised job search? on-site. Commenters are also asked to component as long as it makes up less What would the State agency track (e.g., describe how other programs have than half of the total required time spent number of job applications submitted to implemented similar supervised job in that component. For E&T participants employers; number of hours spent search programs and how SNAP E&T subject to the mandatory E&T searching for a job; or number of log-ins could align with those other programs requirement, this proposed rule would within the bounds of the statutory to a State-approved website)? What changes made by the 2018 Farm Bill. modes might State agencies consider to 1 Conf. Rept. 115–1072, p. 617, https:// The Department is only seeking track the timing and activities of www.congress.gov/115/crpt/hrpt1072/CRPT- comments on those various potential participants (e.g., in-person contacts; 115hrpt1072.pdf.

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allow them to meet their mandatory submit an E&T State Plan that provides the skills appropriate for a specific job E&T requirement through participation details on the E&T components the State and may be one piece of an in an E&T component in which less agency plans to provide, including cost employability assessment. The than 50 percent of the time in the information. The Act required State information collected through component is spent in job search, agencies to issue guidelines explaining employability assessments should be supervised or otherwise, or job search how they intend to implement used, together with ongoing case training. This would enable E&T supervised job search programs. As a management, to improve and participants who are engaged in such an result, the Department proposes to individualize services to E&T E&T component to begin looking for a modify regulations at 7 CFR participants, including matching them position while they are still in training 273.7(c)(6)(i) to specify that a State to appropriate components and and to have those hours count toward agency planning to offer supervised job identifying appropriate participant meeting their work requirement. The search must include a summary of the reimbursements that are reasonable and Department anticipates this flexibility guidelines established for supervised necessary for participation in an E&T would maximize the potential of E&T job search in its annual E&T State plan. component. participants to build upon potential job At a minimum, the guidelines would Removal of Job Finding Clubs connections gained while in the E&T need to specify: The locations of the component and increase the speed with State-approved sites; how they were Current regulations at 7 CFR which E&T participants can move into selected as State-approved locations; 273.7(e)(1)(ii) include job finding clubs employment, while providing them and how the supervised job search as an allowable activity under the job sufficient time to transition from SNAP component meets the statutory search training component. The Act to self-sufficiency. requirements to directly supervise the modified the job search training The Department proposes to make activities of participants and track the component in section 6(d)(4)(B)(i)(II) of conforming changes throughout 7 CFR timing and activities of participants. the FNA to remove job finding clubs 273.7(e)(1)(i), now redesignated as 7 Lastly, the Department proposes to from the list of activities that can be CFR 273.7(e)(2)(i), to change references make an update to the statutory citation included in a job search training from ‘‘job search’’ to ‘‘supervised job in 7 CFR 273.7(e)(1), now redesignated program. The Department instructed search.’’ as 7 CFR 273.7(e)(2), to indicate that the State agencies in the March 6, 2019, The Department also proposes to section in the FNA referring to work Informational Memorandum on Farm modify regulations at 7 CFR 273.7(e)(1), programs for ABAWDs is currently Bill E&T that they must not include job now redesignated as 7 CFR 273.7(e)(2), located in section 6(o)(1)(C). A similar finding clubs in their FY 2020 E&T to specify that supervised job search and change to update the statutory citation programs. The Department now job search training programs provided is made in 7 CFR 273.7(e)(1)(i), now proposes to modify the regulation at 7 through an E&T program cannot alone redesignated as 7 CFR 273.7(e)(2)(i). CFR 273.7(e)(1)(ii), now redesignated as count as qualifying activities relating to 7 CFR 273.7(e)(2)(ii), to remove job the participation requirements Employability Assessments finding clubs as an activity under the necessary to maintain SNAP eligibility Current regulations at § 273.7(e)(1)(ii) job search training component. The for ABAWDs. However, the current permit the use of job skills assessments proposed regulation would state that a regulations at 7 CFR 273.7(e)(1) allow as part of a job search training job search training program ‘‘may job search and job search training to component in a State’s E&T program. consist of employability assessments, count as qualifying activities when The Act replaced job skills assessments training in techniques to increase offered as a part of other E&T in section 6(d)(4)(B)(i)(II) of the FNA employability, job placement services, components, as long as those job search with ‘‘employability assessments.’’ The or other direct training or support and job search training activities Department instructed State agencies in activities, including educational comprise less than half the total the March 6, 2019, Informational programs determined by the State required time spent in the components. Memorandum on Farm Bill E&T that agency to expand the job search abilities As stated previously, the Joint they must implement employability or employability of those subject to the Explanatory Statement of the Committee assessments in compliance with the program.’’ of Conference states that ‘‘unsupervised new statutory requirements for FY 2020. The Department would like to clarify job search’’ may be a ‘‘subsidiary The Department now proposes to that State agencies have broad flexibility component’’ for the purposes of meeting incorporate this change into the in the design of their job search training a work requirement, so long as it regulations by modifying 7 CFR component and the specific activities comprises less than half of the 273.7(e)(1)(ii), now redesignated as 7 that may be included in such a requirement. As a result, the CFR 273.7(e)(2)(ii), to remove the component. While job finding clubs are Department proposes that job search, reference to job skills assessments and specifically eliminated as an allowable whether it meets the definition of replace it with employability activity, other activities that increase the supervised job search or not, when assessments. employability of participants are still offered as part of other E&T The Department notes that permitted, such as State facilitated peer- components, should continue to serve employability assessments are more to-peer learning opportunities or as an allowable way for ABAWDs to comprehensive and provide a more in- offering job search trainings in a group fulfill their work requirement, so long as depth assessment than job skills format, if the State agency determines the job search activities comprise less assessments. Employability assessments such activities will expand the job than half the total required time spent should help determine an individual’s search capabilities or employability of in the components. This change does readiness for employment, which E&T participants. not reflect a change from existing includes assessing a set of cross-cutting policy; rather, it is only intended to skills such as, applied academic, Job Retention include supervised job search as a type interpersonal, critical thinking, and Current regulations at 7 CFR of job search. communication skills, as well as 273.7(e)(1)(viii) allow job retention Current regulations at 7 CFR barriers to work. Job skills assessments services as an allowable E&T 273.7(c)(6)(i) require State agencies to determine whether an individual has component. These regulations explain

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that State agencies offering this 30 days (and no more than 90 days). If CFR 273.7(d)(1)(ii)(A) to allow E&T component must provide no more than a State agency demonstrates a good faith funds to be used to subsidize the wages 90 days of job retention services. The effort to provide job retention services of E&T participants. Act modified the job retention E&T for at least 30 days to a participant, the To implement the changes made by component in section 6(d)(4)(B)(i)(VII) Department proposes that the activities the Act, the Department proposes of the FNA to require that State agencies supporting the good faith effort would several changes to the regulations at 7 choosing to provide job retention satisfy the 30-day minimum CFR 273.7(e)(1)(iv), now redesignated as services must offer a minimum of 30 requirement. 7 CFR 273.7(e)(2)(iv). The changes days of services, but did not modify the would better align the definition of a E&T Pilot Activities existing 90 day statutory maximum for work experience program and activities the receipt of job retention services. The The Act provided the Secretary with with other Federal workforce Department instructed State agencies in discretion to allow programs and development programs, and would the March 6, 2019, Informational activities from the E&T pilots authorized delineate work experience programs Memorandum on Farm Bill E&T that under the Agricultural Act of 2014 (Pub. into two sets of activities—work any job retention services must be L. 113–79) (2014 Farm Bill) as regular activities and work-based learning. implemented in compliance with the E&T components in section First, the Department proposes new statutory requirements in FY 2020. 6(d)(4)(B)(i)(VIII). The Act specified that incorporating the Department of Labor’s The Department now proposes to this determination must be based on the definition of work experience under modify the current regulations at 7 CFR results from the independent evaluation WIOA into the E&T definition of work 273.7(e)(2)(viii), as redesignated, to add of the 2014 Farm Bill E&T pilots experience. Department of Labor a 30-day minimum for the receipt of job showing which programs and activities regulations at 20 CFR 680.180 define retention services. The proposed have the most demonstrable impact on work experience as a planned, regulation would state that job retention the ability of participants to find and structured learning experience that services must be provided for a retain employment that leads to takes place in a workplace for a limited minimum of 30 days and no more than increased household income and period of time. Second, the Department 90 days. reduced reliance on public assistance. proposes to delineate the two sets of For State agencies choosing to offer As a result, the Department proposes work experience program activities job retention services, providing at least adding similar language to the noted above: Work activity and work- 30 days of services ensures participants regulations in a new paragraph at 7 CFR based learning. In defining a work are supported during a period of time 273.7(e)(2)(ix) to create a new E&T activity, the Department proposes to when they are most vulnerable. When component category. The Department incorporate part of the definition of a individuals begin employment, they would note that the independent work experience program from the may need to make many adjustments in evaluation of the 2014 Farm Bill E&T Temporary Assistance for Needy their lives, such as arranging day care, pilots is not yet completed; as a result, Families (TANF) program (see 45 CFR using new modes of transportation, or the Department is not yet able to 261.2), as the Department considers this navigating the new work culture. specifically identify new E&T part of the TANF definition of work Providing job retention services for components from the 2014 Farm Bill experience to be comparable to a work these first few weeks would help E&T pilots. activity in E&T. According to this new facilitate the transition to employment Subsidized Employment and E&T definition, a work activity that is and improve their long-term attachment Apprenticeships performed in exchange for SNAP to work. However, the Department benefits would provide the individual understands that, for many reasons, it Current regulations at 7 CFR with an opportunity to acquire the may be difficult for State agencies to 273.7(e)(1)(iv) describe a work general skills, knowledge, and work maintain job retention services for a full experience program as a program habits necessary to obtain employment. 30 days due to circumstances outside of designed to improve the employability The purpose is to improve the their control. For instance, a State of household members through actual employability of those who cannot find agency may plan to provide 90 days of work experience or training, or both, unsubsidized full-time employment. job retention services to a participant, and to enable individuals employed or The Department’s goal in adopting these but the participant becomes unreachable trained under such programs to move definitions is to align E&T programs after 14 days, making the continued promptly into regular public or private with programs offered through other provision of job retention services employment. The Act added subsidized partners, so as to streamline service unachievable. employment and apprenticeship in delivery across programs, better Given the importance of providing job section 6(d)(4)(B)(i)(IV) of the FNA as facilitating State agencies’ delivery of retention services during the first few examples of allowable activities under a their E&T programs through their weeks of a new job, and the change in program designed to improve the statewide workforce development the statutory requirements, the employability of individuals through systems to the greatest extent possible. Department proposes that State agencies actual work experience or training (i.e., Third, the Department proposes to use offering this E&T component must make a work experience program). The the definition of work-based learning a good faith effort to provide job Department instructed State agencies in included in Perkins V (Pub. L. 115–224). retention services for a minimum of 30 the March 6, 2019, Informational Perkins V defines the term ‘‘work-based days to all job retention program Memorandum on Farm Bill E&T that learning’’ as ‘‘sustained interactions participants. The Department proposes they may offer apprenticeships in FY with industry or community that this good faith effort should 2020. The Department now proposes to professionals in real workplace settings, include, at a minimum, communicating modify the regulation at 7 CFR to the extent practicable, or simulated the 30 day minimum to all job retention 273.7(e)(1)(iv), now redesignated as 7 environments at an educational participants at enrollment in job CFR 273.7(e)(2)(iv), to convey the types institution that foster in-depth, firsthand retention services, and creating a case of activities allowable as part of a SNAP engagement with the tasks required in a management plan for each job retention E&T work experience component. The given career field, that are aligned to program participant that extends at least Department also proposes amending 7 curriculum and instruction’’ (20 U.S.C.

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2302). Among other activities, work- otherwise excluded in the FNA or any programs in their E&T programs. The based learning includes apprenticeships other Federal statute. FNS is not aware Department has provided guidance to and subsidized employment, which of any existing laws that would allow State agencies about using other more were specifically added by the Act, and income from subsidized employment to descriptive E&T component categories, may also include instruction in a be excluded when determining but is now proposing to codify this as classroom setting. Work-based learning eligibility for SNAP. The State agency a regulatory requirement by removing emphasizes employer engagement, should consider and, as a best practice, the reference to WIA. Therefore, the includes specific training objectives, advise participants of whether earnings Department proposes to strike ‘‘or a and is expected to lead to regular from a work-based learning activity WIA or State or local program’’ from the employment. Because most SNAP under an E&T program could potentially regulatory language at 7 CFR participants cannot afford to leave the decrease the amount of SNAP benefits 273.7(e)(2)(v), as now redesignated. It is labor market while they increase their they receive or make their household important to note that, in proposing this skills, paid work-based learning can be ineligible for SNAP, and by extension, change, the Department is not intending a useful strategy to help them gain skills E&T, depending on their circumstances. to convey that programs operated under while also meeting their immediate The Department would note that, in WIOA would be unallowable as E&T need to earn income. Ideally, work- accordance with section activities, in fact, all would be allowable based learning should lead to the 6(d)(4)(B)(i)(IV)(aa) and (bb) of the FNA and coordination would be encouraged. attainment of industry-recognized and 7 CFR 273.7(e)(1)(iv)(A) and (B), Case Management certificates or credentials, and should be redesignated as 7 CFR explicitly linked to increased earnings. 273.7(e)(2)(iv)(B)(1) and (2), a work Current regulations at 7 CFR Examples of work-based learning experience component must be 273.7(c)(4) establish the requirement models include, but are not limited to, consistent with the Fair Labor Standards that each State agency must design and internships, apprenticeships, pre- Act (FLSA), should not replace an operate an E&T program that must apprenticeships, customized training, existing employee or position, and consist of one or more E&T components transitional jobs, incumbent worker should provide participants with the as described in 7 CFR 273.7(e)(1). The training, and on-the-job training. While same benefits and opportunities as Act modified the definition of an E&T paid work based learning can be useful, anyone else doing a substantially program in section 6(d)(4)(B)(i) of the as noted, work based learning can similar job. FNA to require that each State E&T program must also provide case include both subsidized and WIOA Programs unsubsidized employment models. The management services, such as Department also proposes to make a Current regulations at 7 CFR comprehensive intake assessments, conforming change to existing 7 CFR 273.7(e)(1)(v) describe the following individualized service plans, progress 273.7(d)(1)(ii)(A) to strike language that E&T component: ‘‘a project, program or monitoring, or coordination with service E&T funds cannot be used to subsidize experiment such as a supported work providers, in addition to at least one the wages of participants, since program, or a WIA [Workforce E&T component. The Department subsidized employment is an allowable Investment Act] or State or local instructed State agencies in the March 6, E&T work experience program activity. program aimed at accomplishing the 2019, Informational Memorandum on Work-based learning is a workforce purpose of the E&T program.’’ While the Farm Bill E&T that they must offer case development best practice, and work- Act did not address this provision, the management to all E&T participants in based learning programs are Department would like to use this rule- FY 2020. The Department now proposes increasingly available through States’ making opportunity to clarify in the to modify the regulation at 7 CFR statewide workforce development regulations the relationship between 273.7(c)(4) to add that State agencies systems. The Department strongly WIA (the predecessor to WIOA), or State must offer case management services as encourages State agencies interested in or local programs, and the E&T program. part of their E&T programs. The incorporating work-based learning The Department notes that ‘‘WIA or Department also proposes to modify the activities into their E&T programs to State or local program’’ has never been regulations at 7 CFR 273.7(e) to add a work with their State Departments of listed as a separate component in the new paragraph (e)(1), stating that case Labor, American Job Centers, Perkins FNA, but that the Department originally management services are a required part Career and Technical Education (CTE) included ‘‘WIA or State or local of all State E&T programs, and to providers, and other stakeholders, such program’’ as a separate component in provide examples from the Act of case as community colleges and community- the regulations to signal that these management services. In addition, the based organizations, to capitalize on programs can be included in a State’s Department proposes various changes to existing work-based learning E&T program. With the changes made the definitions in 7 CFR 271.2 to reflect infrastructure and services. State by the Act to include subsidized the inclusion of case management agencies choosing to include work- employment and apprenticeships as services in the E&T program. based learning as part of their E&T allowable activities in E&T programs, all The Department believes that, in programs should ensure that the activities operated under WIOA are now order to best move SNAP participants activities are implemented in a manner allowable within other E&T toward self-sufficiency, State agencies that is consistent with applicable components. Similarly, any services should connect E&T participants to Federal requirements and regulations. offered by the State agency or through programs and activities that best meet When designing work-based learning State or local programs can be included their employment needs, while activities as part of an E&T program, in one of the other E&T components. supporting participants as they State agencies should be cognizant of The Department has found that listing overcome challenges to E&T program the fact that section 5(d) of the FNA ‘‘WIOA or State or local program’’ as its completion and employment success. requires that, for the purposes of own separate component category in the The provision of case management determining eligibility, household regulations implies that State agencies services is an opportunity for State income must include all income from should not use the other more agencies to increase their accountability any source, including subsidized wages descriptive component categories when to E&T participants by expanding their earned through E&T, that is not they report on WIOA, or State or local use of tools and resources to ensure all

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E&T participants are successfully the E&T participant, and resources of the definition of either a mandatory or supported as they move through an E&T the State agency, and the entities voluntary E&T participant. Fifth, the program. The Department recognizes providing case management services Department proposes to revise the that State agencies may have many (e.g., State Agency office, community- definition of an Employment and approaches to offering case based organizations, contractor, etc.) Training (E&T) component to update the management, depending on resources within the State. As a best practice, the statutory citation contained within the and the structure of the E&T program in Department notes that case management definition. And sixth, the Department the State. State agencies may also adopt should be an ongoing activity that must proposes to delete the definition of different modes for the delivery of these enhance the participant’s ability to Placed in an employment and training services (e.g., virtual, over the participate and complete the E&T program as this terminology no longer telephone, in-person, or hybrid component to which they are assigned. applies to the current structure of E&T approaches) and may employ different Case management should not be limited programs. staffing arrangements for case managers to initial intake activities and should To reconcile the new structure of E&T (e.g., State agency staff, community- occur as the E&T participant progresses programs, to include both case based organizations, or contractors). No through the E&T program. As such, case management and one or more E&T matter the approach, the Department management should be tailored to the components, and to incorporate the new encourages State agencies to provide needs of the individual, and be E&T definitions within the current case management services that ensure adaptable to the individual’s changing regulations, the Department proposes individuals are assessed and placed in support requirements. the following regulatory changes. Title 7 appropriate activities, and are provided Since case management services are CFR 273.7(c)(2) would be simplified to the individualized and on-going now a required part of all E&T indicate that when the State agency guidance and support they need in programs, and because Congress screens an individual and determines it order to be successful. The Department requested in the Joint Explanatory appropriate to require the individual to also encourages State agencies to Statement to include case management participate in an E&T program, the State provide case management services that in E&T State plans (Conf. Rept. 115– agency must refer that individual to the are aligned with best practices in 1072, p. 617), the Department proposes E&T program, newly defined as workforce development and human to also require State agencies to include consisting of case management and at services. a description of the case management least one E&T component. This referral While the Department proposes that services they intend to offer as part of process may vary from State to State and State agencies have flexibility in the their E&T State plan. The Department from participant to participant, but in types of case management services proposes in new 7 CFR 273.7(c)(6)(ii) all cases, the E&T participant must offered, the provision of case that State agencies include information receive both case management services management services should generally about case management operations, and at least one E&T component, and be consistent with the examples including a description of their case the State agency must determine how a provided in the Act, and the State management services and models, the participant progresses through these agency should be able to demonstrate cost for providing the services, how required elements of an E&T program. how the case management service is participants will be referred to case For example, the State agency could supporting an individual to successfully management, how the participant’s case choose to first refer individuals required participate in E&T. As stated in the Joint will be managed, who will provide to participate in E&T to case Explanatory Statement (Conf. Rept. 115– services, and how the service providers management services, rather than refer 1072, p. 617), the requirement for case will coordinate with E&T providers, the them directly to an E&T component. management services is not intended to State agency, and other community The case manager would then determine be an impediment to the State agency resources, as appropriate. the most appropriate E&T component nor to the E&T participant. As a result, As a result of the requirement that all for the E&T participant and make the the Department is proposing regulatory E&T participants receive case referral to that component. In another language at 7 CFR 273.7(e)(1), stating management services, the Department example, the State agency could refer that the provision of case management also proposes adding or updating the individual directly to an E&T services must not be an impediment to several definitions related to E&T. First, component, and the provider of that the participant’s successful the Department proposes to update the component would provide the case participation in E&T. Similarly, the definition of an Employment and management services. In other Department stands ready to offer Training (E&T) program to indicate that situations, the State agency could refer technical assistance to State agencies to E&T programs must consist of case the individual initially to both case assist in developing case management management and at least one E&T management services and an E&T services that align with State agency component. Second, the Department component provided by separate priorities, resources, the needs of local proposes to revise the definition of an entities. participants, and best practices, while Employment and Training (E&T) The new proposed regulatory text meeting the Act’s requirement to mandatory participant to update the would also more clearly make a provide these services to all E&T statutory citation and to indicate these distinction between when the State participants. individuals are required to participate agency determines an individual is In accordance with the Act, the in E&T. Third, the Department proposes required to participate in E&T (i.e., the Department also proposes that State a definition of Employment and determination) and when an individual agencies must provide all E&T Training (E&T) voluntary participant as is referred to E&T (i.e., the referral). participants with case management a SNAP applicant or recipient who While these two steps may often occur services, along with at least one E&T volunteers to participate in an closely in time, the Department would component. The Department proposes Employment and Training (E&T) like to clarify that it is at the point the that the type and frequency of case program. Fourth, the Department State agency determines an individual is management services provided to E&T proposes to add the definition of an required to participate in E&T that an participants may vary by E&T Employment and Training (E&T) individual becomes a mandatory E&T participant, depending on the needs of participant as an individual that meets participant. It is the State agency’s

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responsibility to ensure all mandatory agencies often do not apply sufficient for an E&T component from the time the E&T participants are referred to the E&T due diligence to ensure the SNAP individual is referred by the State program in a timely manner and that participants who are referred to the E&T agency until the individual completes there is an appropriate and available program have the capacity to benefit the component. opening in the E&T program. If there is from that training, and that the When a determination of ill-suited not an appropriate or available opening particular component to which they are has been made, the proposed rule in in the E&T program for a mandatory referred matches the SNAP participant’s new 7 CFR 273.7(c)(18)(i)(A) would participant, the Department proposes needs and skill level. Unfortunately, in require the E&T provider to notify the that the State agency must determine these situations, SNAP participants State agency as soon as possible. The that a mandatory participant has good referred to an E&T program may fail to State agency would be expected to cause for failure to participate in an E&T benefit from the program, and establish procedures, including system program and not sanction the ultimately could be disqualified for enhancements, with their E&T providers participant, as discussed later in this failure to participate. This new to ensure this notification occurs preamble in the section titled State provision strives to strengthen State promptly, so that the State agency can agency accountability for participation accountability for their E&T programs notify the individual and determine in an E&T Program and good cause. by requiring State agencies take appropriate next steps for the individual The Department also proposes additional steps to ensure SNAP with an ill-suited determination (i.e., re- changes to 7 CFR 273.7(e)(4), as participants subject to this provision screening the individual for physical redesignated, to indicate that, when a receive the targeted help they need to and mental fitness; referring the State agency determines the maximum move toward self-sufficiency. The individual to a different E&T component amount of time an E&T participant may Department proposes several new or to a workforce partnership; or spend in an E&T program, the processes to implement the provision, identifying other work opportunities or calculation must include time spent in as discussed below. assistance). The State agency may also case management in addition to time proactively contact E&T providers for Consistent with section 4005 of the spent in E&T components and workfare. information about any ill-suited Act, the proposed regulation in new 7 Other conforming changes include determinations that have occurred or CFR 273.7(c)(18)(i) would provide the changes to 7 CFR 273.7(d)(4)(v) and may have occurred, but about which authority to the E&T provider to (f)(6). notification has not yet been provided determine if an individual referred to or by the E&T provider to the State agency. Referral of Individuals participating in an E&T component is The Department also proposes that, Section 4005 of the Act added a new ill-suited for that E&T component. For when the E&T provider notifies the requirement for State agencies regarding the purposes of this provision, an E&T State agency of an ill-suited any E&T participant, not otherwise provider is understood as the provider determination for an individual, the exempted from the work requirement, of an E&T component. While some E&T E&T provider also include the reason for who is determined by the operator of an providers may provide other E&T the ill-suited determination. Providing E&T component to be ill-suited to services like case management, only the reason would assist the State agency participate in that E&T program E&T providers that offer at least one in determining the most appropriate component. For individuals determined E&T component would have the next step for such an individual. If an to be ill-suited, the Act required the authority to determine if an individual E&T provider fails to notify the State State agency to do the following: (1) is ill-suited to participate in that agency of an ill-suited determination Refer the individual to an appropriate component. The proposed regulation and/or does not provide the reason, and E&T component; (2) refer the individual would also require the State agency to the State agency learns in another way to an appropriate workforce partnership, ensure E&T providers are informed of of the ill-suited determination, perhaps if available; (3) re-assess the individual’s their authority to determine what from the SNAP participant or a case physical and mental fitness; or (4) to the constitutes being ill-suited for a manager, the State agency should maximum extent practicable, coordinate particular E&T component. The follow-up with the E&T provider to with other Federal, State, or local Department believes that the authority obtain this information. If the State workforce or assistance programs to for determining if an individual is ill- agency is unable to obtain the reason for identify work opportunities or suited for a particular E&T component the ill-suited determination from the assistance for the individual. During should rest primarily with the E&T E&T provider, the State agency must this time, the State agency shall ensure provider of that component as they continue to act on the ill-suited that an individual undergoing and generally set the criteria for who they determination as described later in this complying with the process above shall serve in their E&T program and are in section and proposed for 7 CFR not be found to have refused without the most appropriate position to 273.7(c)(18)(i) and (ii). good cause to participate in an E&T determine if a particular individual will While the authority to determine if an program. This new requirement was be successful, given the requirements of individual is ill-suited for a particular added at new section 6(d)(4)(O) of the the program. However, the State agency E&T component would rest with the FNA. The Department proposes to still has the responsibility to properly E&T provider, State agencies could codify this new requirement in a new screen individuals for participation in engage in a discussion with E&T paragraph at 7 CFR 273.7(c)(18). The an E&T program and refer individuals to providers about the factors that Department believes that this new an appropriate component. The State constitute ill-suited determinations for a provision was intended by Congress to agency would also be responsible for particular E&T component. As a best increase the accountability of State overseeing the E&T provider and practice, State agencies should be agencies for their E&T programs, ensuring that the ill-suited consistently working with their E&T particularly when State agencies require determinations that are made are providers to understand the participation in E&T. While State reasonable and nondiscriminatory. The characteristics of individuals who agencies are already required to develop Department proposes that E&T would be most successful in their State criteria to determine who should providers have the authority to programs so that, to the maximum be required to participate in E&T, State determine if an individual is ill-suited extent practicable, the State agency

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could make appropriate referrals and any additional information the management according to the State’s reduce the number of individuals who Department should include in the final E&T procedures. If the individual does are referred to E&T components for regulations regarding information not meet State agency criteria for which they are ill-suited. In particular, printed in the NETPC. The Department participation in the E&T program, the this information could be used by the also seeks comments on any additional individual should not be required to State agency when screening language the Department should include participate in the E&T program. The individuals to determine if it is in the final rule addressing required Department also recognizes that there appropriate to refer them to an E&T actions the State agency would be may be circumstances where an program and, if it is appropriate, the expected to take following the notice individual seemingly meets State information could be used to assist the being sent, including if the final rule agency criteria for participation in E&T, State agency, including case managers, should specify when the State agency but identification of other work in referring individuals to the specific would be expected to take one of the opportunities or assistance (i.e., the E&T component where they would most four actions described below (e.g., fourth available action under this likely be successful. State agencies within 30 days, at the next provision) or informing the individual might consider incorporating recertification, etc.), and how to ensure about voluntary participation in a information they glean from E&T an individual with an ill-suited workforce partnership (i.e., the second providers about factors that are most determination is moved into a more available action under this provision) likely to signal success in an E&T suitable activity as soon as reasonably would be more appropriate for the component into more specific State possible. individual. In this situation, the agency criteria to be used when In accordance with the Act, the Department would encourage State determining if an individual should be proposed rule would also require the agencies to consider exempting the required to participate in E&T. The State agency, in proposed 7 CFR individual from E&T, as permitted by Department stresses that it is the 273.7(c)(18)(i)(B), to take the most section 6(d)(4)(D) of the FNA and 7 CFR responsibility of the State agency to do appropriate of the following four actions 273.7(e)(2) (redesignated as a thorough screening of individuals to for an individual who has been § 273.7(e)(3)), identifying other work determine if the individual is exempt determined ill-suited and is not exempt opportunities or assistance, or informing from the general work requirement or if from the general work requirement: (1) the individuals about voluntary it is appropriate to refer them to an E&T Refer the individual to an appropriate workforce partnerships. The Department program or particular E&T component. E&T program component; (2) refer the proposes these clarifications to ensure It is not the E&T provider’s individual to an appropriate workforce that an individual who has already been responsibility to determine if an partnership, if available; (3) reassess the found ill-suited for one E&T component individual is exempt from the general physical and mental fitness of the is not cycled through additional E&T work requirements or meets State individual; or (4) coordinate, to the components that may also not provide criteria for referral to an E&T program or maximum extent practicable, with other the appropriate foundation to move the specific component. However, the Federal, State, and local workforce or individual toward self-sufficiency. The Department would also like to note that assistance programs to identify work Department also believes this approach nothing precludes the E&T provider opportunities or assistance for the would allow the State agency to best from communicating with the State individual. Additional information match limited E&T resources with about each of these actions is provided agency to aid the State agency in its participants of suitable backgrounds and below. The Department also notes that determination of whether an individual career interests, and reduce the decisions about the most appropriate of is exempt from the general work confusion that multiple unsuccessful the four actions to take for an individual requirements. E&T referrals can create for individuals with an ill-suited determination is an with significant barriers to employment. Once the State agency receives a eligibility function; however, eligibility notification from the E&T provider that staff making this decision may consult If the State agency has one or more an individual has been determined ill- with E&T case managers and E&T workforce partnerships available in the suited for an E&T component, proposed providers to gather important E&T case State, the State agency could choose to 7 CFR 273.7(c)(18)(i)(A) would require information about the individual with refer an individual, if appropriate, to a the State agency to send as soon as an ill-suited determination to inform workforce partnership. As proposed, 7 possible a Notice of E&T Participation their decision. CFR 273.7(c)(18)(i)(B)(2) explains how Change (NETPC) to the household A State agency may choose to refer the State agency would need to ensure member. The NETPC should inform the the just determined ill-suited individual the workforce partnership meets the individual of the ill-suited to a more appropriate E&T program requirements in proposed 7 CFR determination. If the individual with the component. However, before a State 273.7(n), and that the referral be ill-suited determination is an ABAWD, agency refers an individual to an conducted in accordance with these the NETPC should also explain that, appropriate E&T program component, requirements. In particular, and in regardless of the ill-suited the proposed rule at 7 CFR accordance with the Act, the proposed determination, the ABAWD would 273.7(c)(18)(i)(B)(1) would require the regulation at 7 CFR 273.7(n)(9) states begin to accrue countable months State agency to screen the individual in that no individual can be required to toward their 3-month participation time accordance with the existing regulation participate in a workforce partnership. limit as of the date of the notice unless at 7 CFR 273.7(c)(2) to determine if the Pursuant to these requirements, the the ABAWD fulfills the work individual meets State agency criteria Department proposes that before an requirement in accordance with 7 CFR for participation in the E&T program. individual is referred to a workforce 273.24. Lastly, the NETPC should The requirement applies even when partnership, the State agency would first provide contact information for the E&T individuals were previously screened, need to provide information to assist the program. The Department seeks as their circumstances may have individual in making an informed comments regarding if and how the changed. If appropriate, the State agency decision about participation in the Department should more specifically should then refer the individual to an workforce partnership. If the individual regulate the timing of this notice, and E&T program component, and case determines he or she would like to

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participate, the State agency would an individual to participate in SNAP suited shall not be found to have make the referral to the workforce E&T, the State agency should refer the refused without good cause to comply partnership. If the individual individual to an E&T program in with a mandatory E&T program from the determines he or she would not like to accordance with 7 CFR time an E&T provider determines an participate in the workforce partnership, 273.7(c)(18)(i)(B)(1) or, at the option of individual is ill-suited for an E&T then the State agency would need to the individual, to a workforce component until after the State agency consider one of the other three actions partnership in accordance with 7 CFR takes one of the four actions in 7 CFR available in this section. Lastly, the 273.7(c)(18)(i)(B)(2). As stated 273.7(c)(18)(i)(B). Department proposes in 7 CFR previously, the State agency should At several points in this section, the 273.7(n)(6) that individuals subject to strongly consider whether it would be Department has proposed how the ill- mandatory E&T requirements, who appropriate to require an individual to suited determination and subsequent choose to participate in a workforce participate in a new E&T component, if State actions specifically affect partnership, would need to be that individual has already been found mandatory E&T participants. The considered by the State agency to be ill-suited for a previous E&T Department notes that all the regulatory fulfilling the mandatory E&T component. Exempting the individual measures discussed in this section also requirement. from E&T and identifying well-targeted apply to voluntary E&T participants The third action available to the State programs under 7 CFR who are not exempt from the general agency when deciding next steps for an 273.7(c)(18)(i)(B)(4) could better prepare work requirements, unless otherwise individual who has been found ill- an individual to overcome barriers to specified. For example, the Department suited would be to reassess the physical training and employment in some would require State agencies to work and mental fitness of the individual, as circumstances than referral to another with their E&T providers to ensure E&T proposed in 7 CFR 273.7(c)(18)(i)(B)(3). E&T component. In addition, while the providers notify the State agency when The Department proposes that this Department proposes that State agencies voluntary E&T participants are reassessment could be part of a broader have broad discretion in identifying determined ill-suited for an E&T reassessment of any exemptions from other work opportunities or assistance component, and that the State agency the general work requirement in existing programs, there would need to be a would send voluntary E&T participants regulations at 7 CFR 273.7(b). If an connection between these other a NETPC in accordance with the individual is not found physically or programs and the workforce needs and proposed regulations and take the most mentally fit, the individual should be interests of the individual. appropriate action among the four exempted from the general work The Act also requires that individuals available State options. As a reminder, requirement. If the individual is found undergoing and complying with the ill- voluntary E&T participants are not mentally and physically fit, and the suited process shall not be found to subject to disqualification for refusal or State agency determines the individual have refused without good cause to failure to participate in E&T, in is not otherwise exempt from the participate in an E&T program. As such, accordance with current 7 CFR general work requirements, the State the Department proposes in new 7 CFR 273.7(e)(4)(ii), redesignated as 7 CFR agency would be expected to consider 273.7(c)(18)(ii) that, from the time an 273.7(e)(5)(ii). one of the other available actions in this E&T provider determines an individual State Agency Accountability for provision that would most likely lead to is ill-suited for an E&T component until Participation in an E&T Program and increased self-sufficiency for the after the State agency takes one of the Good Cause individual. four actions in 7 CFR 273.7(c)(18)(i)(B), The fourth action available to the the individual would not be found to The Act introduced several new State agency would be to coordinate have refused without good cause to provisions that emphasize State with other Federal, State, or local participate in an E&T program. In other agencies’ responsibilities to build E&T workforce or assistance programs to words, the individual cannot be programs that are well-targeted to E&T identify work opportunities or disqualified for failure to comply with participants’ needs and support E&T assistance for the individual, as mandatory E&T from the time the participants as they engage with those proposed in 7 CFR 273.7(c)(18)(i)(B)(4). individual is determined to be ill-suited programs. Two of those provisions in The Department proposes that the State until after the State agency takes one of particular—referral of individuals with agency have broad discretion in the four actions in 7 CFR an ill-suited determination and the identifying other workforce or 273.7(c)(18)(i)(B) and the individual requirement to provide case assistance programs that would provide subsequently refuses or fails to comply management—highlight the State the most appropriate services to the without good cause. On the other hand, agency’s responsibility to provide on- individual to move them toward self- regardless of the process described going services and support to all SNAP sufficiency, including tribal workforce above, from the time an E&T provider recipients in E&T, and to ensure that or assistance programs, with the makes an ill-suited determination, an those recipients are matched to services qualification that these other programs ABAWD would continue to accrue for which they are well-suited. While it are not included in the E&T State plan. countable months toward their 3-month has long been the State agency’s Likewise, since the other work participation time limit unless the responsibility to appropriately screen opportunities or assistance programs ABAWD fulfills the work requirement individuals for work exemptions and identified in 7 CFR 273.7(c)(18)(i)(B)(4) in accordance with 7 CFR 273.24. exemptions from mandatory E&T, to are not SNAP E&T programs, the State The Department is also proposing determine if it is appropriate to refer agency cannot require an individual to revisions to other paragraphs in 7 CFR them to an E&T program, and to provide participate in programs under 7 CFR 273.7 to conform with the requirements a real opportunity for mandatory E&T 273.7(c)(18)(i)(B)(4) as a way to fulfill of the ill-suited process described in participants to meet their E&T their mandatory E&T participation proposed 7 CFR 273.7(c)(18)(i) and (ii). requirement, changes made to E&T by requirement, nor would participation in The Department proposes to add the Act strengthen these requirements such a program fulfill the individual language to existing 7 CFR 273.7(c)(3) and State agency accountability. E&T requirement. If the State agency and (e) to indicate that mandatory E&T To be clear, the Department does not determines it is appropriate to require participants who are determined ill- believe the new authority of E&T

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providers to determine if an individual State agency would then determine if an To codify this new criteria for good is ill-suited for their E&T component, as exemption in fact exists, and exempt the cause, the Department proposes to add provided for by the Act, and the individual from mandatory E&T, if new § 273.7(i)(4) to define good cause to addition of case management as a appropriate. Similarly, if an E&T include circumstances where the State required service for all E&T participants provider of an E&T component agency determines that there is no absolves the State agency from doing a determines an individual is ill-suited for appropriate and available opening in the thorough initial screening to ensure it is the E&T component, the State agency E&T program to accommodate a appropriate to require an individual to must determine the appropriate next mandatory E&T participant. In addition, participate in an E&T program. Existing step for the individual, as discussed in the Department proposes in 7 CFR statutory and regulatory language the previous section of the Preamble 273.7(c)(2) that, if there is not an clearly indicate that the State agency and in proposed 7 CFR 273.7(c)(18)(i). appropriate and available opening in an has primary responsibility for the design The Department also believes that it is E&T program for a mandatory and operation of their E&T program, the State agency’s responsibility to build participant, the State agency must which may include agreements with one an E&T program that can accommodates determine the participant has good or more E&T providers who may all mandatory E&T participants. In cause for failure to comply with the provide case management, E&T situations where there is not an mandatory E&T requirement in components, or other activities as appropriate and available opening for a accordance with 7 CFR 273.7(i)(4). The outlined in the E&T State plan. While mandatory E&T participant in the E&T Department also proposes in 7 CFR State agencies may choose the method program, the Department does not 273.7(e)(1), as redesignated, that case of delivery that best meets their believe that the mandatory E&T managers must inform the appropriate operational needs, the Department participant should be disqualified for staff in the State agency if they are emphasizes the State agency retains failing to comply with the E&T unable to identify an appropriate and responsibility for their E&T program. requirement, as the lack of an available E&T component for a For example, if the State agency were to appropriate and available opening in an mandatory E&T participant. The require an individual to participate in E&T program is beyond the E&T Department would provide oversight, an E&T program when in fact it was not participant’s control. As a result, the under existing authority, including appropriate to do so, the State agency Department proposes adding to the management evaluations and review of has the responsibility to take the definition of good cause to encompass E&T State plans, to determine if State appropriate action when the State such circumstances, so that the agencies with mandatory E&T programs agency later learns the individual was individual will not be disqualified for are operating programs with an ill-suited for an E&T component or the refusal or failure to comply with the appropriate and sufficient number of individual should not have been mandatory E&T requirement. The openings, and would provide ongoing required to participate in E&T because Department proposes that the period of technical assistance to State agencies to they meet an exemption from good cause would extend until the State assist those facing challenges in mandatory E&T. In fact, the State agency agency identifies an appropriate and appropriately serving all mandatory could obtain new information at several available opening in the E&T program, participants through effective E&T points in the process after the State and the State agency informs the SNAP programs. agency makes the determination to participant of such an opening. Ideally, The Department notes that this require an individual to participate in if there is not an appropriate and proposed new form of good cause would E&T, but before or shortly after the available opening in the E&T program, only apply to mandatory E&T individual actually engages with an E&T the State agency should exempt the participants, and would not provide all component. For example, a State agency individual from mandatory E&T under ABAWDs with good cause for failure to may determine an individual is a the discretion provided to State agencies fulfill the ABAWD work requirement in mandatory E&T participant and refer in 7 CFR 273.7(e)(2), redesignated as 7 7 CFR 273.24. As provided in that individual to an E&T case manager CFR 273.7(e)(3). However, in the Supplemental Nutrition Assistance (e.g., a State agency staff, a community absence of such a State agency Program—ABAWD Time Limit Policy based organization, or a contractor) who exemption, if an individual is required and Program Access published on conducts an intake and assessment to to participate in E&T and there is no November 19, 2015,2 when good cause determine which E&T component is an appropriate and available opening in an is provided for failure to comply with appropriate fit for the individual. If E&T program for the mandatory E&T mandatory SNAP E&T (7 CFR during this process, it is discovered that participant, the Department now further 273.7(a)(ii)) or State-assigned workfare the participant in fact meets a criterion proposes that the State agency must (7 CFR 273.7(a)(iii)) under good cause for exemption from the mandatory E&T determine that the failure to participate for the general work requirement at 7 program, the Department proposes the in E&T was with good cause. In CFR 273.7(i), the State agency must also E&T case manager must inform State situations where it is the E&T case provide good cause under 7 CFR agency eligibility staff and, if the State manager who is unable to identify an 273.24(b)(2) for the ABAWD work agency determines the participant does appropriate and available opening in an requirement. However, while this in fact meet an exemption, the E&T component, the Department longstanding policy provided a way to individual would then be exempted proposes that the E&T case manager provide good cause for ABAWDs who from mandatory E&T by the State must provide this information to the were assigned to a mandatory E&T agency. The Department proposes in 7 appropriate State agency staff with the program or State-assigned workfare to CFR 273.7(e)(1), as redesignated, to add authority to make the determination meet their ABAWD work requirement, it the requirement that E&T case managers regarding good cause. Alternatively, at has not provided a way to provide good must inform the appropriate staff within this point, the State agency could cause for ABAWDs participating in the State agency regarding possible determine that it is no longer appropriate to require participation, and mandatory E&T exemptions for a 2 https://fns-prod.azureedge.net/sites/default/ mandatory E&T participant receiving exempt the individual from files/resource-files/ABAWD-Time-Limit-Policy-and- their case management services. The participation in E&T. Program-Access-Memo-Nov2015.pdf.

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other work programs or other types of requirement to first establish good cause requirement, and the partnerships may workfare programs. is present in current 7 CFR 273.7(f)(1)(i). also be used by mandatory E&T Therefore, the Department proposes The Department believes the paragraphs participants to meet their E&T taking this opportunity to codify two should be consistent with one another requirement. The Act added workforce changes to the good cause regulation at and is taking this opportunity to partnerships to several sections of the 7 CFR 273.24(b)(2). First, as determined propose revising the language in 7 CFR FNA including sections 6(d)(4)(B)(ii), by the State agency, if an ABAWD is 273.7(c)(3) to clarify that before a State 6(d)(4)(E), 6(d)(4)(H), and new participating in work, a work program, agency issues a notice of adverse action paragraph 6(d)(4)(N). The Department or workfare, and would have fulfilled to an individual or a household, if proposes adding the description and the ABAWD work requirement in 7 CFR appropriate, for non-compliance with requirements for workforce partnerships 273.24, but missed some hours for good SNAP work requirements, the State to new 7 CFR 273.7(n). In addition, the cause, the individual shall be agency must determine that the non- Department proposes including two considered to have fulfilled the ABAWD compliance was without good cause. additional State agency responsibilities work requirement if the absence from This proposed clarification would associated with workforce partnerships. work, the work program, or workfare is provide consistent instruction to State First, the proposed rule would require temporary and the individual retains his agencies regarding the necessity of State agencies to re-screen any or her job, training or workfare slot. This establishing that non-compliance was individual for the requirement to proposed change codifies longstanding without good cause before issuing a participate in mandatory E&T when the policy allowing State agencies to notice of adverse action. State agency learns the individual is no provide good cause to ABAWDS who longer participating in a workforce failed to meet their ABAWD work Improving Accountability in State Agency Quarterly Reports partnership. Second, the proposed rule requirement through mandatory E&T or would require State agencies to provide State-assigned workfare. In addition, the Current regulations at 7 CFR sufficient information to household proposed change allows State agencies 273.7(c)(9), (10), and (11) require State members subject to the general work to provide good cause to ABAWDs agencies to submit quarterly E&T requirements of 7 CFR 273.7 and participating in other work programs or Program Activity Reports. Title 7 CFR ABAWD work requirements of 7 CFR other types of workfare programs. The 273.7(c)(11) specifies that the fourth 273.24 about workforce partnerships, so Department is proposing this change so quarter report provide a list of all the that individuals may make an informed that State agencies can apply fair and E&T components offered during the decision about participation. In this fiscal year, as well as the number of consistent treatment to ABAWDs who preamble section, the Department ABAWDs and non-ABAWDs who began have good cause, regardless of how the highlights several significant aspects of participation in each. The report must ABAWD chooses to meet the ABAWD workforce partnerships, as required by also provide the number of ABAWDs work requirement. Second, if an the Act, and provides further and non-ABAWDs who participated in individual is determined to have good explanation for the proposed additional the E&T program during the fiscal year. cause for failure or refusal to comply State agency responsibilities. with mandatory E&T under 7 CFR The Department is committed to 273.7(i), the State agency would be ensuring that State agencies are In accordance with the Act, the required to provide good cause for providing mandatory E&T participants proposed regulation in new 7 CFR failure to meet the ABAWD work with real opportunities to gain skills 273.7(n)(1) states that workforce requirement without having to make a and appropriate services that help them partnerships mean programs operated separate good cause determination. be successful. Therefore, the by a private employer, an organization However, the Department would also Department proposes adding additional representing private employers, a non- specify that an ABAWD who is reporting elements to this fourth quarter profit organization providing services provided good cause under the report: the unduplicated number of related to workforce development, or an proposed 7 CFR 273.7(i)(4) for failure to SNAP participants required to entity identified as an eligible provider participate in mandatory E&T, due to participate in an E&T program during of training services under section 122(d) the lack of an appropriate and available the fiscal year and, of those, the number of WIOA. New 7 CFR 273.7(n)(2) opening in SNAP E&T, would not be who actually begin to participate in an proposes that workforce partnerships provided good cause for failure to fulfill E&T program. An E&T participant may be multi-State programs. All the ABAWD work requirement. There begins to participate in an E&T program workforce partnerships must be in are many ways to fulfill the ABAWD when the participant commences at compliance with the Fair Labor work requirement other than through least one part of an E&T program, Standards Act, as proposed in new 7 SNAP E&T. The lack of an appropriate including an orientation, assessment, CFR 273.7(n)(3). Workforce partnerships or available opening in a SNAP E&T case management, or a component. The would need to be certified, either by the program would not prevent the ABAWD Department proposes to codify this new Secretary or by the State agency to the from fulfilling the ABAWD work requirement by inserting a new Secretary, to ensure they meet specific requirement in another way. paragraph at 7 CFR 273.7(c)(11)(iii). certification criteria outlined in the Act The Department has also noted a and in proposed 7 CFR 273.7(n)(4). In discrepancy in the process for Workforce Partnerships certifying a workforce partnership, the establishing good cause and issuing a The Act established workforce Secretary or the State agency would notice of adverse action between current partnerships as a new way for SNAP require that the workforce partnership 7 CFR 273.7(c)(3) and (f)(1)(i). Current participants to gain high-quality, work- report sufficient information to describe language at 7 CFR 273.7(c)(3) does not related skills, training, work, or the services or activities that would include the requirement for a State experience that will increase the ability provide participants with at least 20 agency to first establish that non- of the participants to obtain regular hours a week (which may be averaged compliance with the SNAP work employment. The Act added workforce monthly to equal 80 hours a month) of requirement was without good cause partnerships to the list of work training, work, or experience, and how before sending the notice of adverse programs through which an ABAWD those services or activities would action. On the other hand, the may fulfill the ABAWD work directly enhance the employability or

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job readiness of the participant. This partnerships with the mandatory E&T Other significant parts of the latter requirement would be codified in requirement. proposed regulations pertaining to new 7 CFR 273.7(n)(5). Workforce partnerships are not part of workforce partnerships, as required by The Department proposes to describe a State’s E&T program and are not an the Act, include the codification at 7 the application of workforce E&T component. The Act located CFR 273.7(n)(7) that State agencies may partnerships to E&T programs in new 7 workforce partnerships in section use workforce partnerships to CFR 273.7(n)(6). This includes 6(d)(4)(B)(ii) of the FNA, outside the supplement, not supplant, the E&T proposing in new 7 CFR 273.7(n)(6)(i) definition of an E&T program in section programs of the State agency. Also, the the requirement from the Act that no 6(d)(4)(B)(i), and strictly limits the proposed regulation at 7 CFR 273.7(n)(8) funding authorized by the FNA can be reporting requirements that can be states that workforce partnerships are used for workforce partnerships. The imposed on workforce partnerships. included in the definition of a work Department also proposes to codify the However, the Act stated that State program in 7 CFR 273.24(a)(3) for the requirement from the Act in new 7 CFR agencies must consider an individual’s purposes of fulfilling the ABAWD work 273.7(n)(6)(ii) that, if a State agency participation in a workforce partnership requirement. requires an individual to participate in to be fulfilling the State agency Proposed regulations at 7 CFR an E&T program (also referred to as requirement for that individual to 273.7(n)(9) codify the constraint from mandatory E&T), the State agency must participate in an E&T program. So while the Act that the State agency shall not consider an individual participating in an individual may fulfill their require any member of a household participating in SNAP to participate in a workforce partnership to be in mandatory E&T requirement through a workforce partnership. That is, once compliance with the E&T requirement. participation in a workforce again, participating in a workforce In other words, the State agency is partnership, a workforce partnership is partnership could only be at the prohibited from disqualifying an not by definition an E&T program. The participant’s option. New regulations at individual for non-compliance with the Act also stated that an individual cannot 7 CFR 273.7(n)(10) would reflect the requirement to participate in an E&T be required by the State agency to requirement from the Act that the State program if the individual is participate in a workforce partnership. agency provide, not less frequently than participating in a workforce partnership. On the other hand, an individual may at certification and recertification, a list In addition, if the State agency learns choose to participate in a workforce of workforce partnerships to household while screening the individual for the partnership as a way fulfill their members subject to the work requirement to participate in E&T that mandatory E&T requirement. The Act requirement. Since household members the individual is already participating a did not address what happens to an must have a choice about participation workforce partnership, and the State individual who no longer participates in in a workforce partnership, the agency determines the individual meets a workforce partnership, but continues Department proposes an additional the criteria to be required to participate to receive SNAP benefits. In these cases, State agency responsibility in 7 CFR in E&T, the State agency would need to the Department proposes that the State 273.7(n)(10) that the workforce consider the individual to already be in agency screen the individual to partnership list also provide sufficient compliance with the requirement to determine whether the individual is information to the household members participate in E&T. The State agency subject to the general work requirement about the available workforce would not be able to impose an and mandatory E&T. Screening is partnerships so that the SNAP additional E&T requirement on the necessary as the individual’s participant can make an informed individual. circumstances and abilities may have decision about voluntary participation The Department also proposes to add changed since the initial screening. In in a particular workforce partnership. a clarification in new 7 CFR other words, when the State agency This additional information should 273.7(n)(6)(ii) that, if an individual who learns an individual is no longer include, if available, contact has been fulfilling the mandatory E&T participating in a workforce partnership, information for the workforce requirement by participating in a the State agency would need to partnership, the types of activities the workforce partnership no longer determine if the individual remains participant would be engaged in participates in a workforce partnership, subject to the general work requirements through the workforce partnership, the the State agency would have to re- at 7 CFR 273.7(b) and, if the individual screening criteria used by the workforce screen the individual to determine if the were to remain subject to the general partnership to select individuals, the individual qualifies for an exemption work requirements, the State agency location of the workforce partnership, from the work requirement and from would need to then screen the work work schedules, any special skills mandatory E&T. If the individual were registrant to determine whether or not required to participate, and wage and to not meet an exemption from they meet the State’s criteria for the benefit information (if applicable). To mandatory E&T, the State agency would requirement to participate in E&T, in maximize the ability of household then identify an appropriate E&T accordance with 7 CFR 273.7(c)(2). If, members to review the above component. This new paragraph also after this re-screening, the State agency information, the Department proposes proposes that, if an individual who has were to determine that it is appropriate that all information in the workforce been fulfilling the mandatory E&T to require the individual to participate partnership list must be provided in requirement by participating in a in mandatory E&T, the State agency writing, either electronically or in paper workforce partnership no longer would need to refer the individual to form. participates in a workforce partnership, the E&T program or, if the individual The Department also proposes to the State agency must not consider the chooses, to another workforce codify in new 7 CFR 273.7(n)(11) the individual to have failed to comply with partnership. The Department proposes requirement from the Act that a mandatory E&T without going through to add this additional State agency workforce partnership shall not replace the steps above. The Department responsibility to screen individuals who the employment and training of an believes this clarification is necessary to are no longer participating in a individual not participating in a resolve certain policy questions arising workforce partnership in new 7 CFR workforce partnership. The Department from the interaction of workforce 273.7(n)(6)(ii). interprets this to mean that an

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individual in a workforce partnership Prioritized Reallocation of Employment As noted, the Act required that not shall not be provided any work that has and Training Federal Grant Funds less than 50 percent of all unobligated the effect of replacing the employment Current regulations at 7 CFR funds are to be reallocated to requesting or training of an individual not 273.7(d)(1)(i)(D) provide the process for State agencies that were awarded grants participating in a workforce partnership. the Department to reallocate to operate SNAP E&T pilots under the The Department also proposes codifying unobligated and unexpended Federal Agricultural Act of 2014 (Pub. L. 113– in 7 CFR 272.7(n)(12) the requirement E&T funds to other State agencies 79), to conduct E&T programs and from the Act that none of the SNAP requesting additional E&T funds. The activities authorized under the pilots work requirements—general work Act introduced priorities for the that the Secretary determines have the requirements, including mandatory reallocation of these funds in section most demonstrable impact on the ability E&T, and the ABAWD time limit and 16(h)(1)(C)(iv) of the FNA. Those of participants to find and retain work requirement—affect the criteria or priorities are: At least 50 percent shall employment that leads to increased screening process for selecting be reallocated to requesting State household income and reduced reliance participants by a workforce partnership. agencies that were awarded grants to on public assistance. The Department That is, a workforce partnership may operate E&T pilots under the proposes to codify this requirement in new 7 CFR 273.7(d)(1)(iii)(A). screen individuals for participation in a Agricultural Act of 2014 (Pub. L. 113– Additionally, the Act specified that the workforce partnership independently of 79) (also known as the 2014 Farm Bill), Secretary shall base the determination the criteria used by the State agency to to conduct those E&T programs and activities from the pilots that the of demonstrable impact on the project determine who is subject to SNAP work results from the independent requirements. Secretary determines have the most demonstrable impact on the ability of evaluations of the pilots or, if the project Lastly, new 7 CFR 273.7(n)(13) would participants to find and retain results from the independent evaluation codify the limited responsibilities of employment that leads to increased are not yet available, then the workforce partnerships to report to the household income and reduced reliance determination may be based on the Department or State agencies. The on public assistance; at least 30 percent interim reports to Congress or other reporting requirements of workforce should be available to State agencies information relating to performance of partnerships are limited to: Upon requesting funds for E&T programs and the programs and activities. Until the notification that an individual is a activities authorized under section project results from the independent SNAP recipient, notifying the State 6(d)(4)(B)(i) of the FNA that are targeted evaluations of the pilots are available, agency that the individual is to individuals with high barriers to the Department will use information participating in a workforce partnership; employment and that the Secretary from the interim reports, as well as identifying individuals who completed determines have the most demonstrable other information deemed appropriate, or are no longer participating in a impact on the ability of participants to to make its determinations. workforce partnership; identifying find and retain employment that leads For the not less than 30 percent of changes in the workforce partnership to increased household income and unobligated funds that shall be that result in it no longer meeting the reduced reliance on public assistance; reallocated to State agencies requesting criteria for State certification; and and the remaining funds to other State funds to implement or continue E&T providing sufficient information, on agencies requesting additional funds for programs and activities under section request by the State agency, for the State E&T programs and activities that the 6(d)(4)(B)(i) of the FNA that are targeted agency to verify that the participant is Secretary determines have the most toward highly-barriered populations, fulfilling any applicable work demonstrable impact on the ability of the Act specified that the funds be used requirement. State agencies operating a participants to find and retain for E&T programs and activities that the workforce partnership may report to the employment that leads to increased Secretary determines have the most Department, at State agency option, household income and reduced reliance demonstrable impact on the ability of relevant data to reflect the number of on public assistance. The Department the participants to find and retain program participants served by the implemented this provision in FY 2020 employment that leads to increased workforce partnership and, of those, for the reallocation of FY 2019 funds. household income and reduced reliance how many were mandatory work The Department proposes to add new 7 on public assistance. The Act specified registrants. This State agency option CFR 273.7(d)(1)(iii) to specify this that this 30 percent reallocation may would be codified at new 7 CFR priority for reallocation of funds, by include programs and activities targeted to: Individuals 50 years or older; 273.7(c)(17)(x). enumerating the priorities and the process for reallocating funds. formerly incarcerated individuals; Minimum Allocation of 100 Percent Additionally, the Department proposes individuals participating in a substance Funds to add new 7 CFR 273.7(c)(6)(xviii) to abuse treatment program; homeless specify that State agencies requesting individuals; people with disabilities Current regulations at 7 CFR additional funds would need to submit seeking to enter the workforce; other 273.7(d)(1)(i)(C) provide that no State those requests when their E&T State individuals with substantial barriers to agency will receive less than $50,000 in Plan is submitted for the upcoming employment; or households facing Federal E&T grant funds and set forth Federal fiscal year. multi-generational poverty, to support the methodology to ensure an equitable As noted, the Act established three employment and workforce allocation among the State agencies. The categories of priorities for reallocating participation through an integrated and Act increased this baseline of Federal funds. The Department proposes to family-focused approach in providing E&T funds to $100,000 in section remove current § 273.7(d)(1)(i)(D) that supportive services. The Department 16(h)(1)(D) of the FNA. The Department addresses the current reallocation proposes to codify this requirement in implemented this provision in FY 2019. process and add a new paragraph at new 7 CFR 273.7(d)(1)(iii)(B) and The Department now proposes to § 273.7(d)(1)(iii) that would set forth proposes that, if a State agency chooses modify 7 CFR 273.7(d)(1)(i)(C) to reflect these priorities and the process for to provide services to veterans having the change in the baseline. reallocation. one of the condition above under this

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provision, it indicate this intention in year. Approval or denial of the request State agencies in the March 6, 2019, their request for 30 percent reallocated for additional funds would occur Informational Memorandum on Farm funds. separately from the E&T State Plan Bill E&T that this provision was The Act also specified that any State approval or denial. considered self-implementing upon agency that receives reallocated funds The Department further proposes in enactment. The Department now under the 50 percent reallocation new 7 CFR 273.7(d)(1)(iii)(E) that the proposes to codify this requirement in a provision may also be considered for Department, through the expenditure proposed paragraph at 7 CFR reallocated funds under the 30 percent reporting process, would determine the 273.14(b)(5). As a minimum standard reallocation provision. The Department total amount of funds available for for meeting this requirement, the proposes to codify this requirement in reallocation, in accordance with the Department proposes that State agencies new 7 CFR 273.7(d)(1)(iii)(C). prioritized reallocation provisions, after provide the household a list of available As noted earlier, the Act specified State agencies have submitted fourth employment and training services for that any remaining unobligated funds quarter expenditure reports. When household members subject to the not reallocated under the 50 percent making determinations about which general work requirements either reallocation provision, or the 30 percent State agencies would receive reallocated electronically (e.g., on a website or in an reallocation provision, be reallocated to funds within the three categories of email) or in printed form. The State agencies requesting such funds to prioritized reallocated funds, the Department would like to clarify that use for E&T programs and activities that Department proposes to consider employment and training services are the Secretary determines have the most various factors. These factors would not limited to SNAP E&T. Rather, State demonstrable impact on the ability of include, but are not limited to: The size agencies should also provide the participants to find and retain of the request relative to the level of the information about the availability of employment that leads to increased State agency’s E&T spending in prior opportunities through the American Job household income and reduced reliance years; the specificity of the State Centers or local community-based on public assistance. The Department agency’s plan for spending the organizations. This is particularly proposes to codify this requirement in reallocated funds; and the quality of the important in areas that do not operate new 7 CFR 273.7(d)(1)(iii)(D). program and scope of impact for the SNAP E&T programs. The Department Existing provisions in section 16(h)(1) State’s E&T program. The Department encourages States to consult with their of the FNA make 100 percent E&T grant would reallocate in a timeframe that Departments of Labor when developing funding available for 24 months in order allows State agencies at least 270 days information about available for the Department to obligate and to expend the reallocated funds. employment and training services. In reallocate funding to States. Further, the Lastly, the Department proposes to meeting this requirement, State agencies FNA requires the Department to reallocate any unobligated funds should consider how to best target lists reallocate unobligated and unexpended remaining after the reallocation process of employment and training funds from one Federal fiscal year to specified in new 7 CFR opportunities to increase access to work another Federal fiscal year in a 273.7(d)(1)(iii)(E) to State agencies opportunities for SNAP participants, timeframe that would allow State requesting additional funds for E&T including creating tailored lists for agencies receiving additional funds at programs and activities that the certain regions or municipalities, or for least 270 days to expend those Secretary determines have the most SNAP participants with particular reallocated funds. In light of these demonstrable impact. When making career interests or barriers to existing requirements, the Department these reallocations, the Department employment. proposes in new 7 CFR would consider factors including, but 273.7(d)(1)(iii)(E) the process for not limited to: the size of the request Work Programs for Fulfilling the reallocating funds to allow State relative to the level of the State agency’s ABAWD Work Requirement agencies the statutorily required amount E&T spending in prior years; the Current regulations at 7 CFR of time to expend the reallocated funds. specificity of the State agency’s plan for 273.24(a)(3) define the types of work As proposed, State agencies requesting spending the reallocated funds; and the programs in which ABAWDs may reallocated funds would submit those quality of the program and scope of participate to meet the 20 hour per week requests as part of their E&T State plan impact for the State’s E&T program. The ABAWD work requirement and thereby due by August 15th each year. To Department proposes to codify this remain eligible beyond the 3 months in clearly articulate this expectation, the requirement in new 7 CFR 36-month time limit. The Act added the Department also proposes to add new 7 273.7(d)(1)(iii)(F). following types of programs to that CFR 273.7(c)(6)(xviii) to instruct State definition in section 6(o)(1) of the FNA: agencies to incorporate any requests for Advisement of Employment and An employment and training program additional 100 percent funds that may Training Opportunities for veterans operated by the Department become available into their E&T State The Act added a requirement at of Labor or the Department of Veterans Plan. As a best practice, the Department section 11(w) of the FNA that State Affairs, as approved by the Secretary; has always encouraged State agencies to agencies advise SNAP household and workforce partnerships. The consider during the development of members subject to the requirements of Department instructed State agencies in their annual E&T State Plan their need section 6(d) of the FNA (the general the March 6, 2019, Informational for additional funds. This change to the work requirements) of available Memorandum on Farm Bill E&T to that regulations would formalize this best employment and training opportunities this provision was considered self- practice. In addition, a new paragraph at at the time of recertification if these implementing upon enactment. The 7 CFR 273.7(c)(6)(xviii) would make individuals are members of households Department now proposes to add these explicit that, while requests for that contain at least one adult, with no programs to the existing paragraph at 7 additional funds are included with the elderly or disabled individuals, and CFR 273.24(a)(3). As noted earlier, the annual E&T State Plan, the request for with no earned income at their last Act also changed section 6(o)(1)(C) of additional funds must be prepared in a certification or required report. There is the FNA by replacing the term ‘‘job separate budget and narrative from the no such current requirement in the search program’’ with ‘‘supervised job general budget for the upcoming fiscal regulations. The Department instructed search program.’’ For the purposes of

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ABAWD work requirements, the ‘‘subsidiary component’’ for the proposes changes to the introductory 7 Department proposes to implement this purposes of meeting a work CFR 273.24(g) to change the title from change by revising 7 CFR requirement, so long as it is less than ‘‘15 percent exemptions’’ to 273.24(a)(3)(iii). half of the requirement (Conf. Rept. ‘‘Discretionary exemptions’’ in order to In accordance with the Act, the 115–1072, p. 617). Additionally, the indicate the discretion that States have Department proposes to add Department proposes to modify the in terms of whether and how to use employment and training programs for paragraph to refer to job search, these exemptions as compared to the veterans operated by the Department of supervised job search, and job search nondiscretionary, absolute exceptions Labor or the Department of Veterans training as ‘‘subsidiary activities’’ rather from the time limit listed at 7 CFR Affairs, as approved by the Secretary, than ‘‘subsidiary components’’ for the 273.24(c). The remaining proposed and workforce partnerships, as defined purposes of fulfilling the ABAWD work changes would simply replace the in proposed in 7 CFR 273.7(n), to the requirement. This change will more number ‘‘15’’ with the number ‘‘12’’ in definition of work programs in the closely align with the terminology used 7 CFR 273.24(g)(1) and (3). existing paragraph at 7 CFR 273.24(a)(3). elsewhere in the regulations where Informing SNAP Participants About The Department proposes to consider ‘‘activities’’ are used to describe smaller Their Work Requirements any employment and training program or subsidiary pieces of an employment of the Department of Labor or the and training program that make up the The Department notes that many of Department of Veterans Affairs that larger ‘‘component.’’ the changes made by section 4005 of the serves veterans as approved by the The Department also proposes to Act emphasized State agency Secretary, provided all other make technical corrections to 7 CFR responsibility to assist SNAP requirements in 7 CFR 273.24 are met. 273.24(a)(3)(i) to update the name of the participants in finding and retaining The Department also proposes to make referenced legislation from the employment. The Department believes conforming changes to the last Workforce Investment Act (Pub. L. 105– that foundational to this increased sentences of paragraphs 7 CFR 220), to its new name the Workforce accountability for both the State agency 273.7(e)(2)(i) and (ii), as redesignated, to Innovation and Opportunity Act (Pub. and SNAP participants is improved add employment and training programs L. 113–128). The Department also communication between the State for veterans operated by the Department proposes to add the reference to ‘‘title agency and SNAP participants regarding of Labor or the Department of Veterans 1’’ of this law, as this reference was the nature of any work requirement that Affairs to the list of work programs for omitted in an earlier drafting of the SNAP households may be subject to, which supervised job search and job regulation. consequences for not complying with search training programs may count for work requirements, and how to find Discretionary Exemptions for ABAWDs the purposes of fulfilling the ABAWD more information. Existing regulations Subject to the Time Limit work requirement. at 7 CFR 273.7(c)(1) regarding the The Department also proposes to Current regulations at 7 CFR 273.24(g) general work requirement require the modify regulations at 7 CFR establish that each State agency shall be State agency to both explain the general 273.24(a)(3)(iii) that ‘‘a supervised job allotted exemptions equal to an work requirement to work registrants, search program’’ is a type of program estimated 15 percent of ‘‘covered and provide a written statement to work that shall not count as an employment individuals,’’ which are the ABAWDs registrants at the time of work and training program for purposes of who are subject to the ABAWD time registration regarding the general work fulfilling the ABAWD work limit in the State in the fiscal year. requirements and the consequences of requirement. However, consistent with States can use the exemptions available failing to comply. In addition, existing current regulations, the Department to them to extend SNAP eligibility for regulations at 7 CFR 273.7(c)(2) require proposes that employment and training a limited number of ABAWDs subject to the State agency to provide a written or programs for ABAWDs under 7 CFR the time limit. When one of these oral explanation of the mandatory E&T 273.24(a)(3)(iii) may include job search, exemptions is provided to an ABAWD, requirement to individuals in supervised job search, or job search that one ABAWD is able to receive one mandatory E&T. And, with regard to the training activities as subsidiary additional month of SNAP benefits. separate work requirement and time activities in the program for the States have discretion whether to use limit for ABAWDs, though the purposes of fulfilling the ABAWD work these exemptions and, as a result, some regulations do not explicitly require requirement so long as they make-up States use their available exemptions State agencies to inform ABAWDs of less than half of the work requirement. and others do not. Each Federal fiscal those requirements at certification, the For example, an ABAWD can fulfill the year, the Department estimates the Department has issued formal ABAWD work requirement by number of exemptions that each State guidance 3 clarifying that State agencies participating in an employment and agency shall be allotted. The Act must inform ABAWDs as part of the training program for 20 hours a week, or changed the number of exemptions explanation of the household’s rights an average of 80 hours monthly. Over allocated to State agencies each Federal and responsibilities, as generally the month, less than half of these hours fiscal year from 15 percent to 12 percent required by 7 CFR 272.5(b)(1) and can include job search, supervised job of the ‘‘covered individuals’’ in the 273.2(a)(1). To summarize, State search, or job search training activities. State. Therefore, the Department requirements to inform SNAP The Department believes that job search proposes to make the change from 15 participants about their work activities that are offered as part of an percent to 12 percent in the regulations, requirements are fragmented and could employment and training program can and also change the name of these be streamlined. The Department also be effective at helping individuals exemptions from ‘‘15 percent notes that a single individual may be transition from the program into paid exemptions’’ to ‘‘discretionary employment. The Joint Explanatory exemptions.’’ This will align the 3 See FNS, ‘‘State Agency Readiness to Apply the Statement of the Committee of regulations with the requirements of the ABAWD Time Limit and Serve ABAWDs,’’ issued December 4, 2019 (https://fns-prod.azureedge.net/ Conference issued with the Act Act and with current operations, as sites/default/files/media/file/StateAgencyReadiness reinforced that belief by stating that these changes took effect for Fiscal Year toApplytheABAWDTimeLimitandServe ‘‘unsupervised job search’’ may be a 2020. Specifically, the Department ABAWDs.pdf).

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subject to multiple work requirements, reimbursements for allowable expenses eligibility for E&T participants is time- which may be confusing for the related to participation in E&T, up to consuming, resource intensive, and can household to decipher to ensure any applicable State cap, and the be a barrier to the growth of E&T compliance, especially if these responsibility of the State agency to programs. While some E&T participants’ requirements are communicated to the exempt the individual from the eligibility status may change over time, individual at different times via requirement to participate in E&T if the many E&T providers are adept at different mediums. For instance, an individual’s allowable expenses exceed braiding funding from a variety of ABAWD may be subject to mandatory what the State agency will reimburse, as sources in order to provide a seamless E&T. Each of these work requirements provided in 7 CFR 273.7(d)(4). continuation of services. However, this may require different actions on the part Voluntary E&T Participation Time can be a complicated process. The of the SNAP participant to maintain Limits Department is interested in better eligibility, and each carry different, understanding ways States and other separate penalties for failure to comply. Section 4108 of the Food, E&T stakeholders have streamlined and Conservation and Energy Act of 2008 In order to streamline and improve simplified the process of verifying E&T (FCEA) modified section 6(d)(4) of the communication between the State participants’ eligibility for SNAP. The FNA to permit individuals voluntarily agency and the household, and to Department is particularly interested in participating in an E&T program to improve the household’s customer how States are able to provide a participate beyond the maximum service experience, the Department seamless continuation of services to number of hours calculated as their individuals whose eligibility status has proposes to consolidate the State benefit divided by the minimum wage. requirement to inform individuals of changed. Therefore, the Department The FCEA also allowed the total amount seeks comments on the experience of their applicable work requirements (i.e., of time spent each month by an the general work requirement, the E&T stakeholders in verification of E&T individual voluntarily participating in participants’ eligibility. The Department mandatory E&T requirement, and the an E&T work program, combined with ABAWD work requirement). This also asks for recommendations on how hours worked in a workfare program to reduce the burden on State agencies consolidation would take two forms: A and hours worked for compensation, to single written statement and a and E&T providers in order to better exceed 120 hours. The Department is support individuals as they progress comprehensive oral explanation of all proposing to revise 7 CFR 273.7(e)(5)(iii) the work requirements that would through training. In particular, the from the final rule, Supplemental Department is interested in comments pertain to individuals in a particular Nutrition Assistance Program (SNAP): household. The consolidated on the following questions: Eligibility, Certification, and • requirement would merge two existing The current process: What Employment and Training Provisions of processes are currently in place to verify requirements to inform individuals the Food, Conversation and Energy Act SNAP eligibility for E&T participants? about their work requirements (i.e., the of 2008, published on January 6, 2017 What processes, policies, or technical general work requirement and (RIN 0584–AD87) (82 FR 2010), to solutions has the State agency mandatory E&T) with a new more correct a technical drafting error and to implemented to streamline or make the clearly delineated requirement to inform more accurately reflect the statutory process of verifying eligibility more ABAWDs regarding their ABAWD work language. The final rule only added efficient? What happens to active E&T requirement and time limit at new 7 language that voluntary E&T participants who are found no longer CFR 273.7(5)(a). The consolidated participants are not subject to the 120- eligible for SNAP? Are they able to requirement to inform households of all hour monthly cap for participation. The continue receiving services using other applicable work requirements for final rule did not add that voluntary individuals within the household would E&T participants are not subject to the funding sources? • Concerns with the current process: be added at new 7 CFR 273.7(c)(1)(ii). hourly monthly maximum calculated as Has the process to verify eligibility for The new consolidated written statement their benefit divided by the minimum SNAP been an impediment to the must include all pertinent information wage, as was required by the changes growth of an E&T program? What are related to each of the applicable work made to the FNA by the FCEA. In order other concerns with the current process? requirements for individuals in the to meet the requirements laid out by the What is working well with the current household, including: An explanation of FCEA, the Department’s proposed process? each applicable work requirement; language would strike the current • Recommendations: What would exemptions from each applicable work sentences in 7 CFR 273.7(e)(5)(iii), and commenters recommend to reduce requirement; the rights and replace them with language stating barriers associated with verifying responsibilities of each applicable work voluntary E&T participants are not eligibility? What policies or agreements requirement for individuals subject to subject to any of the limits in might better support providers to serve the work requirements; what is required redesignated 7 CFR 273.7(e)(4). The enrolled E&T participants if the to maintain eligibility under each changes proposed in this rulemaking participants are no longer eligible for applicable work requirement; pertinent would align the regulations with the SNAP and what might the supporting dates by which an individual must take statutory provision allowing voluntary arguments be for such policies or any actions to remain in compliance participants to participate in E&T agreements? What systems or technical with each of the applicable work activities for more than the maximum solutions would help streamline the requirements; the consequences for number of hours calculated as their process? failure to comply with each applicable benefit divided by the minimum wage work requirement; and any other and for more than 120 hours in a month, Procedural Matters information the State agency believes as provided for in section 6(d)(4)(F)(iii) Executive Order 12866 and 13563 would assist the household members of the FNA. with compliance. If the individual is Executive Orders 12866 and 13563 subject to mandatory E&T, the written SNAP E&T Eligibility direct agencies to assess all costs and statement must also explain the The Department is aware that the benefits of available regulatory individual’s right to receive participant process to regularly verify SNAP alternatives and, if regulation is

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necessary, to select regulatory reducing costs, of harmonizing rules, The table below presents the expected approaches that maximize net benefits and of promoting flexibility. This costs of the rule changes. Derivation of (including potential economic, proposed rule has been determined to these costs, and the overall impact on environmental, public health and safety be significant and was reviewed by the Federal and State spending, are effects, distributive impacts, and Office of Management and Budget summarized in the discussion that equity). Executive Order 13563 (OMB) in conformance with Executive follows. emphasizes the importance of Order 12866. quantifying both costs and benefits, of

TABLE 1— EXPECTED COSTS OF RULE CHANGES [In millions of dollars]

FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Total

Impacts on Federal Transfers (nominal dollars): Increased 100% E&T grant fund- ing ** ...... 13 13 13 13 13 65 Impacts on Federal (50%) and State (50%) Administrative Costs (nominal dollars): Administrative costs/burden—case management + ...... 30.4 30.4 30.4 30.4 30.4 151.8 Administrative costs/burden—addi- tional notices + ...... 1.6 1.5 1.5 1.5 1.5 7.6 Administrative costs/burden—report- ing of additional measures + ...... (*) (*) (*) (*) (*) (*)

Total ...... 32.0 31.9 31.9 31.9 31.9 159.4

Impacts on Burden of Participating Households (Costs in nominal dollars): Household Burden—case manage- ment ...... 4.6 4.6 4.6 4.6 4.6 23.0 Household Burden—Notification or E&T Participation Change...... (*) (*) (*) (*) (*) (*) Household Burden—List of E&T Services ...... 0.8 0.8 0.8 0.8 0.8 4.0 Household Burden—ABAWD Notification 0.3 0.3 0.3 0.3 0.3 1.5

Total ...... 5.7 5.7 5.7 5.7 5.7 28.5 ** The 2018 Farm Bill included an additional $13 million per year in 100 percent grant funding for E&T. + A portion of these costs are expected to be covered using existing 100 percent grant funding.

Regulatory Impact Analysis: A Changes to SNAP E&T Programs, retain employment that leads to regulatory impact analysis must be Components, and Activities increased income and reduced reliance prepared for major rules with Pursuant to the 2018 Farm Bill, the on public assistance. economically significant effects ($100 proposed rule makes several changes to The proposed rule would also million or more in any one year). The E&T components and allowable implement the 2018 Farm Bill provision Department does not anticipate that this activities, including: that requires all E&T programs to proposed rule will have economic • Replacing job search with provide case management services to impacts of $100 million or more in any supervised job search as an E&T E&T participants, in addition to one or one year, and therefore, it does not meet component (although unsupervised job more E&T components. We expect the the definition of ‘‘economically search would remain an allowable cost of the case management to be significant’’ under Executive Order activity within an E&T component, approximately $30.4 million per year. 12866. An analysis assessing the costs subject to certain limitations); Consistent with the estimates used for and benefits of this rule is presented • eliminating job finding clubs as an the Paperwork Reduction Act section of below. allowable activity; the proposed rule, we assume • replacing job skills assessments approximately 460,000 annual E&T As explained above, this proposed with employability assessments; participants who participate on average rule codifies the 2018 Farm Bill changes • adding apprenticeships and for 3.27 months. We further assume related to E&T program operations, the subsidized employment as allowable each participant receives just over 1 ABAWD work requirement, and the activities; hour total of case management services allocation and reallocation of 100 • requiring a 30-day minimum for (30 minutes for the initial case percent grant funds. Those changes and receipt of job retention services; and management meeting and 15 minutes their expected costs and benefits are • allowing activities from the 2014 for subsequent monthly meetings). In summarized briefly below: Farm Bill E&T pilots to become addition, we expect caseworkers to allowable E&T components, if those spend approximately 15 minutes per activities had a demonstrable impact on case recording case notes and otherwise the ability of participants to find and documenting the case management

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interactions (for a total of 1.32 hours per States this may mean States reallocate conversations will be held by telephone, case). Using a fully-loaded hourly rate funds from other activities in order to in some instances E&T participants may (including benefits and indirect costs) of provide sufficient case management. need to travel to meet their case approximately $50 4 results in an annual The case management requirement manager in-person. Therefore, the cost of about $30.4 million, shared will also increase burden on individual average number of burden hours per equally. The Department believes that SNAP participants as they will be participant is expected to be slightly initially most States will use 100 required to participate in monthly larger to account for travel time (1.4 percent grant funding, including the discussions with their case manager hours versus 1.32 hours).5 The increased funding provided through the regarding their E&T participation and additional burden is expected to cost 2018 Farm Bill, to pay for the required plans for self-sufficiency. While the SNAP E&T participants approximately case management services. In some Department expects most of the $4.6 million annually.

TABLE 2—ANNUAL COST OF BURDEN ASSOCIATED WITH CASE MANAGEMENT SERVICES

State agency Household burden burden

E&T participants per year ...... 460,000 460,000 Burden hours per participant ...... 1.32 1.4 Hourly wage rate * ...... $50.00 $7.25 Total Annual Cost (Federal and State shares millions) ...... $30.4 $4.6 * State Agency rate is a fully loaded rate. Household rate is equal to the Federal minimum wage. Totals may not sum due to rounding.

Changes to Funding Allocation/ programs that may be used to meet the and retaining SNAP eligibility. Reallocation ABAWD work requirement; However, such programs are not • require State agencies to inform currently widespread. Given the lack of The proposed rule would establish a ABAWDs both orally and in writing of available data for such programs and the funding formula for reallocated E&T the ABAWD work requirement and time requirements for establishing a funds, in accordance with statutory limit; workforce partnership, the Department changes. It also would codify the • codify the statutory change that does not believe they will become increase to $100,000 in the minimum reduces the number of ABAWD work commonplace and has, therefore, allocation of 100 percent funds to State exemptions from 15 percent to 12 assumed there would be only negligible agencies. While these changes may percent and change their name to impacts of this change on the SNAP affect the amount of funds received by ‘‘discretionary exemptions;’’ ABAWD population. individual States, the Department does • require State agencies to provide The requirement that State agencies not expect these changes to affect good cause for noncompliance with E&T inform ABAWDs both orally and in overall spending on SNAP E&T. Prior to if a suitable component or opening in an writing of the ABAWD work the 2018 Farm Bill, three States (Virgin E&T program is not available; requirement and time limit is expected Islands, Wyoming and North Dakota) • require State agencies to re-direct to result in additional burden for State received less than the $100,000 individuals who are determined ill- agencies as this is a new requirement. minimum allocation and now receive a suited for an E&T program to other more However, having this information may larger grant. Over the past three years, suitable activities; and mean that ABAWDs better understand less than $10 million per year in 100 • require that, at recertification, all the work requirement and how to meet percent grant funds have been State agencies advise certain types of it, and thus are better able to fulfill reallocated, and the amount available households subject to the general work those requirements and retain SNAP for reallocation has been declining. requirement of employment and eligibility. States agencies are already Changes Affecting Work Requirements training opportunities. required to inform work registrants and Most of these provisions are not mandatory E&T participants of their Pursuant to the 2018 Farm Bill, the expected to have cost impacts. Most respective work requirements in proposed rule would make a number of States do not use all of their available existing regulations at 7 CFR 273.7(c) changes affecting SNAP work discretionary exemptions and currently (OMB Control Number 0584–0064; requirements (both the ABAWD have a large bank of unused Expiration date 7/31/2020). Similarly, requirement and mandatory E&T). The exemptions.6 Therefore, the reduction the requirement that State agencies re- proposed rule would: in available exemptions is unlikely to direct ill-suited individuals is expected • Add workforce partnerships to the impact individual ABAWDs. Permitting to increase State agency burden as the list of programs that may be used to individuals to fulfill the ABAWD work State will need to generate a notice of meet SNAP work requirements; requirement or mandatory E&T through E&T participation change that would be • add employment and training workforce partnerships, which are sent to the participant. Together, this programs for veterans operated by the operated by private employers or non- additional burden is expected to cost Department of Labor or the Department profit groups, may result in additional approximately $1.5 million annually, of Veterans Affairs to the list of work ABAWDs meeting the work requirement with costs divided equally between

4 Assumes an average hourly rate of $30.12 for a 5 For more information on the derivation of these number of earned exemptions. As a result, most case worker, plus 30 percent for benefits and 20 estimates, please see the Paperwork Reduction Act States have accumulated a bank of carryover percent for overhead, rounded to $50. Based on section of this proposed rule. exemptions (see FY 2019 Discretionary Exemptions May 2018 BLS Occupational and Wage Statistics for 6 Typically States use far fewer exemptions in a with Carryover). Because of this carryover the ‘‘Social Workers, All Other,’’ available at https:// fiscal year than they earn. For example, during reduction in earned exemptions would not have www.bls.gov/oes/tables.htm. Overhead is included Fiscal Year 2018, only one State used as many impacted the States’ ability to provide exemptions because this is a new activity and will likely result exemptions as they earned for Fiscal Year 2018 and in hiring of additional staff or contractors. two States used more than 80 percent of their to individual ABAWDs.

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State agencies and the Federal Government. The table below shows Government. The table below shows how these estimates were derived. how these estimates were derived.

TABLE 3—STATE AGENCY COST OF BURDEN RELATED TO SENDING NEW REQUIRED NOTICES

ABAWD Notice of E&T written participation statement change

Occurrences per year 4 ...... 2,029,000 46,000 Burden hours per occurrence 7 ...... 033 .033 Hourly wage rate 8 ...... $22.34 $22.34

Total Annual Cost (Federal and State shares, millions) ...... $1.5 $0.03

The Department also anticipates a recertification This assumes States with work registrants, who will receive small ($0.02 million) one-time burden spend on average 24 hours developing a list of E&T services at certification and for State Agencies to develop the new each new notice and an average wage of recertification, will also face additional ABAWD written statement, the notice of $18.02 per hour (24 * 18.02 * 53 State burden associated with reading that list. E&T Participation Change, and the list Agencies = $22,900). Each activity is expected to result in a of employment and training services Households will also face new burden minimal amount of administrative that will be provided to work registrant associated with reviewing these burden, about $1.1 million total over the households at certification and documents when received. Households three activities.

TABLE—HOUSEHOLD COST OF BURDEN RELATED TO READING NEW REQUIRED NOTICES

List of ABAWD Notice of E&T employment written participation and training statement change services

Occurrences per year 4 ...... 2,029,000 46,000 5,496,000 Burden hours per occurrence 9 ...... 02 .02 0.2 Hourly wage rate 10 ...... $7.25 $7.25 $7.25

Total Annual Cost (Federal and State shares, millions) ...... $0.3 ( * ) $0.8 * Minimal—less than $1 million.

While these changes are estimated to they believe they should be exempt participation. Reporting on these increase burden for State agencies, these from those requirements. additional elements is expected to changes are expected to provide increase reporting burden on 17 State Changes to Reporting Requirements important protections to individuals agencies that currently operate subject to the ABAWD time limit. The The proposed rule would also modify mandatory E&T programs. The notice requirements will help ensure the required reporting elements in the Department will add two reporting that these individuals are adequately quarterly E&T Program Activity Report elements to form FNS–583, which State informed of their responsibilities with provided by State agencies to include agencies must submit annually with the respect to work requirements and of the number of SNAP participants who fourth quarter report. This additional what steps they should take in order to are required to participate in E&T and, burden is expected to be of minimal cost comply with those requirements or if of those, the number who begin to State agencies.

TABLE 5—COST OF STATE AGENCY BURDEN, NEW REPORTING REQUIREMENTS

State agency burden

State agencies ...... 17 Reports per year (2 additional elements) ...... 1

7 Estimates of occurrences of ABAWD 8 Based on the Bureau of Labor Statistics May suited for their assigned activity. For more notifications are based on the expected number of 2018 Occupational and Wage Statistics for information on these estimates, please see the SNAP ABAWD participants in FY 2021, adjusted to ‘‘eligibility interviewers, government programs,’’ Paperwork Reduction Act section of this proposed account for individuals expected to lose eligibility available at https://www.bls.gov/oes/tables.htm. rule. as a result of recently-finalized rules related to 9 Estimates of occurrences of ABAWD 10 Based on the Bureau of Labor Statistics May geographic waivers of the time limit. Estimates of notifications are based on the expected number of 2018 Occupational and Wage Statistics for notices of ill-suited determination assume 10 SNAP ABAWD participants in FY 2021, adjusted to ‘‘eligibility interviewers, government programs,’’ percent of E&T participants are found to be ill- account for individuals expected to lose eligibility available at https://www.bls.gov/oes/tables.htm. suited for their assigned activity. For more as a result of recently-finalized rules related to 11 Based on the Bureau of Labor Statistics May information on these estimates, please see the geographic waivers of the time limit. Estimates of 2018 Occupational and Wage Statistics for ‘‘Office Paperwork Reduction Act section of this proposed notices of ill-suited determination assume 10 and Administrative Support Workers, All other,’’ rule. percent of E&T participants are found to be ill- available at https://www.bls.gov/oes/tables.htm.

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TABLE 5—COST OF STATE AGENCY BURDEN, NEW REPORTING REQUIREMENTS—Continued

State agency burden

Hours per response ...... 516.9 Hourly wage rate 11 ...... $18.02

Total Annual Cost (Federal and State shares) ...... ( * ) * minimal—less than $1 million.

Overall Impact on E&T Spending components/activities rather than increased by about $17 million, from In addition to the 100 percent grant through investment of additional 50–50 $171 million to $188 million. Therefore, funding provided by the Federal matching funds by State Agencies. State we assume that the Federal share of Government, most States spend their Agencies’ budgets are often less flexible State 50–50 spending would have own funds on SNAP E&T services. This (for example, prohibitions on running a increased by about $8 million per year. additional State E&T spending is deficit or budgets that cover multiple • In response to the changes in matched by the Federal Government years) and may not permit immediate allowable components and activities as and referred to as 50–50 spending. increases in State E&T spending. • well as the case management While the rule provisions are Over the five year period covered requirement, we assume that each year expected to result in some additional by these estimates, the Department a small number of States increase their expects that some but not all States will cost to State agencies (primarily related 50–50 spending beyond current increase their investment in 50–50 to case management and administrative projected spending. In FY 2020, we matching funds to cover both the costs burden), it is the Department’s belief assume 4 States spend about 10 percent of case management services and to that States will use the following more, and by FY 2024 17 States have permit greater participation in new strategies as they modify their E&T increased their spending by about 10 allowable activities and components programs in accordance with the percent overall. that may show more success in moving statutory and regulatory changes: • • In the first five years after individuals toward greater self- The per-State increase in 50–50 implementation, the Department sufficiency. spending is approximately $0.5 million expects that most States will use 100 In total, we estimate that these per State. The per-State increase is percent grant funding, including the provisions of the rule will increase estimated as follows: A 10 percent increased funding provided through the spending on E&T by $4 million in Fiscal increase in 50–50 spending equals $20.5 2018 Farm Bill, to pay for the required Year (FY) 2020, and by $52 million over million in FY 2020. There are 53 State case management services. the five FYs 2020–2024. Costs would be agencies (including the District of • The Department anticipates that shared equally between the Federal Columbia, Guam, and the US Virgin changes to allowable components and Government and State agencies. Islands), 43 of which currently spend activities, which may result in a higher The estimates were derived as 50–50 funding on E&T services, cost per E&T participant, will initially follows: therefore $20.5 million is divided by 43 be managed by adjusting the number of • Between FY 2016 and FY 2018, the to calculate the average ($20.5 million/ participants served through various Federal share of 50–50 spending 43 = $0.49 million).

TABLE 6—EXPECTED INCREASE IN STATE 50–50 SPENDING OVER TIME [Dollars in millions]

FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Total

Pre-Farm Bill projected 50–50 spending 205 213 221 229 237 ...... 10% increase (amount per State) ...... 49 .49 .49 .49 .49 ...... Number of States increasing spending ... 4 6 8 12 17 ...... State agency Cost ...... 2 3 4 7 9 26 Total, Federal + State ...... 4 6 9 14 19 52 * Totals may not sum due to rounding.

Benefits of Proposed Rule also retaining State flexibility. The Regulatory Flexibility Act requirement to inform ABAWDs of their The Department believes the statutory The Regulatory Flexibility Act (5 work requirement will help ensure that changes made by Section 4005 of the U.S.C. 601–612) requires Agencies to 2018 Farm Bill are intended to these individuals are adequately analyze the impact of rulemaking on strengthen E&T programs and improve informed of their responsibilities with small entities and consider alternatives SNAP participants’ ability to gain and respect to work requirements and of that would minimize any significant retain employment, thus reducing what steps they should take in order to impacts on a substantial number of participant reliance on the social safety comply with those requirements, or if small entities. Pursuant to that review, net. The changes contained in the they believe they should be exempt the Secretary certifies that this rule proposed rule allow for more evidence- from those requirements. would not have a significant impact on based activities, requiring more a substantial number of small entities. accountability on the part of both State This proposed rule would not have an agencies and E&T participants, while impact on small entities because the

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changes required by the regulations are governments and has determined that Budget (OMB) approve all collections of directed toward State agencies operating this rule does not have federalism information by a Federal agency before SNAP programs and SNAP E&T implications. Therefore, under section they can be implemented. Respondents programs. 6(b) of the Executive Order, a federalism are not required to respond to any summary is not required. collection of information unless it Executive Order 13771 displays a current valid OMB control Executive Order 12988, Civil Justice This proposed rule is expected to be number. an E.O. 13771 regulatory action. Reform In accordance with the Paperwork This proposed rule has been reviewed Unfunded Mandates Reform Act Reduction Act of 1995, this proposed under Executive Order 12988, Civil rule contains information collections Title II of the Unfunded Mandates Justice Reform. This rule is intended to that are subject to review and approval Reform Act of 1995 (UMRA), Public have preemptive effect with respect to by the Office of Management and Law 104–4, establishes requirements for any State or local laws, regulations or Budget; therefore, FNS is submitting for Federal agencies to assess the effects of policies which conflict with its public comment the changes in the their regulatory actions on State, local, provisions or which would otherwise information collection burden that and tribal governments and the private impede its full and timely would result from adoption of the sector. Under section 202 of the UMRA, implementation. This rule is not proposals in the rule. the Department generally must prepare intended to have retroactive effect Comments on this proposed rule must a written statement, including a cost unless so specified in the Effective Dates be received by May 18, 2020. benefit analysis, for proposed and final section of the final rule. Prior to any Send comments to the Office of rules with ‘‘Federal mandates’’ that may judicial challenge to the provisions of Information and Regulatory Affairs, result in expenditures by State, local, or the final rule, all applicable OMB, Attention: Desk Officer for FNS, tribal governments, in the aggregate, or administrative procedures must be Fax: 202–395–7285, or email to oira_ the private sector, of $100 million or exhausted. [email protected]. Please also more in any one year. When such a send a copy of your comments to Leigh Civil Rights Impact Analysis statement is needed for a rule, section Gantner, Supplemental Nutrition 205 of the UMRA generally requires the FNS has reviewed this proposed rule Assistance Program (SNAP), 1320 Department to identify and consider a in accordance with USDA Regulation Braddock Place, Alexandria, VA 22314. reasonable number of regulatory 4300–4, ‘‘Civil Rights Impact Analysis,’’ For further information, or for copies of alternatives and adopt the most cost to identify any major civil rights the information collection requirements, effective or least burdensome alternative impacts the rule might have on program please contact Leigh Gantner at the that achieves the objectives of the rule. participants on the basis of age, race, address indicated above. Comments are This proposed rule does not contain color, national origin, sex or disability. invited on: (a) Whether the proposed Federal mandates (under the regulatory After a careful review of the rule’s intent collection of information is necessary provisions of Title II of the UMRA) for and provisions, FNS has determined for the proper performance of the State, local, and tribal governments or that this rule is not expected to affect functions of the agency, including the private sector of $100 million or the participation of protected whether the information shall have more in any one year. Thus, the rule is individuals in the Supplemental practical utility; (b) the accuracy of the not subject to the requirements of Nutrition Assistance Program. agency’s estimate of the burden of the sections 202 and 205 of the UMRA. Executive Order 13175 proposed collection of information, Executive Order 12372 including the validity of the Executive Order 13175 requires methodology and assumptions used; (c) This Supplemental Nutrition Federal agencies to consult and ways to enhance the quality, utility, and Assistance Program is listed in the coordinate with Tribes on a clarity of the information to be Catalog of Federal Domestic Assistance government-to-government basis on collected; and (d) ways to minimize the under Number 10.551 and is subject to policies that have Tribal implications, burden of the collection of information Executive Order 12372, which requires including regulations, legislative on those who are to respond, including intergovernmental consultation with comments, or proposed legislation. use of appropriate automated, State and local officials. (See 2 CFR Additionally, other policy statements or electronic, mechanical, or other chapter IV.) FNS Regional offices are in actions that have substantial direct technological collection techniques or contact with State agencies, who effects on one or more Indian Tribes, the other forms of information technology. provide feedback on policies and relationship between the Federal All responses to this notice will be procedures for the E&T program and Government and Indian Tribes, or on summarized and included in the request overall SNAP policy. the distribution of power and for OMB approval. All comments will responsibilities between the Federal Federalism Summary Impact Statement also become a matter of public record. Government and Indian Tribes also Title: Employment and Training Executive Order 13132 requires require consultation. FNS consulted Opportunities in the Supplemental Federal agencies to consider the impact with tribes on this issue at the USDA Nutrition Assistance Program. of their regulatory actions on State and Farm Bill Implementation Consultation OMB Number: 0584–NEW. local governments. Where such actions held on May 1, 2019 in Washington DC Form Number: FNS 583. have federalism implications, agencies The tribes had no comment. If further Expiration Date: N/A. are directed to provide a statement for consultation is requested, the Office of Type of Request: New request. inclusion in the preamble to the Tribal Relations will work with FNS to Abstract: This proposed rule would regulations describing the agency’s ensure quality consultation is provided. implement changes made by Section considerations in terms of the three 4005 of the Act to the E&T program to categories called for under section Paperwork Reduction Act strengthen State and Federal (6)(b)(2)(B) of Executive Order 13121. The Paperwork Reduction Act of 1995 accountability to move SNAP The Department has considered the (44 U.S.C. Chap. 35; 5 CFR part 1320) participants toward self-sufficiency. impact of this rule on State and local requires the Office of Management and FNS is requesting a new OMB Control

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Number for the requirements in this Date: 09/30/2019; currently under existing burden (OMB Control Number: proposed rule. Some of the proposed renewal) to collect information on the 0584–0083; Expiration Date: 7/31/2020), changes will modify current regulations number of SNAP participants who are as a result the new Farm Bill resulting in an increase in the reporting required by the State agency to requirement is not expected to increase burden for State agencies. Other participate in an E&T program, and of the existing burden. requirements are new and will result in those the number who actually begin to The basic recordkeeping requirement new mandatory reporting burden participate in an E&T program. Fourth, for household case file documentation is requirements for State agencies, as well the Department proposes in new 7 CFR part of OMB Control Number: 0584– as individuals participating in E&T. 273.24(b)(8) to add a State agency 0064; Expiration Date 07/312020. FNS First, the Act requires that State requirement to inform every ABAWD in will add additional burden to this agencies provide individuals writing about the ABAWD work collection to accommodate the participating in E&T with case requirement and time limit, thus increased burden resulting from management services. Many State creating a new burden to develop and providing case management to E&T agencies already provide case provide this written statement, and to participants. The recordkeeping burden management activities to SNAP E&T participants to read this statement. This for the FNS 583 is already sufficient as participants; however, State agencies are proposed requirement to inform documented in OMB Control Number: not currently reporting this activity to ABAWDs of their work requirement will 0584–0339; Expiration Date: 01/31/ the Department and the Department is be added to a proposed consolidate 2021. FNS intends to merge this not currently collecting case written statement that will consolidate updated reporting burden estimates into management activities from these State the requirements to inform ABAWDs, 0584–0594 and 0584–0064, once the agencies. This regulatory change to work registrants, and mandatory E&T final rulemaking information collection require that State agencies provide these participants of their work requirements, request is approved. At that time, FNS services as part of their E&T programs as applicable. The requirements to will publish a separate notice in the and include them in their E&T State inform work registrants and mandatory Federal Register announcing OMB’s plans will help ensure that E&T E&T participants of their work approval. participants receive the guidance and requirements are already covered by an Respondents: There are 53 State support needed to move toward self- existing burden (OMB Control number: agencies with 159 SNAP State agencies sufficiency. Second, the Act establishes 0584–0064; Expiration Date 7/31/2020; employees who will participate in this that individuals participating in an E&T under renewal). And fifth, the data collection. component who are determined ill- Department proposes in new 7 CFR Estimated Number of Respondents: suited by the E&T provider for that 273.14(b)(5) that, at a minimum, the 159. component, must be engaged by the State agency provide zero income Estimated Number of Responses per State agency to assess their mental or households with no elderly or disabled Respondent: 31,972.107. physical fitness or to identify another members a list of available employment Estimated Total Annual Responses: type of training or assistance. The and training services for household 5,083,565. Department proposes at 7 CFR members subject to the general work Estimated Time per Response: 273.7(c)(18)(i) that individuals who requirements either electronically (e.g., 0.1362451 hours. have been determined ill-suited be sent on a website or in an email) or in Estimated Total Annual Burden on a Notice of Employment and Training printed form. This requirements creates Respondents: 692,611 hours. Participation Change (NETPC) by the a new burden on State agencies to Respondents: 8,030,999 (Individuals) State agency informing them of this develop the list of opportunities and for SNAP E&T participants. determination. This notice will participants to read the list. The Estimated Number of Respondents: constitute a new burden for State Department notes that the proposed rule 8,030,999. agencies and for SNAP participants who would also create a new requirement for Estimated Number of Responses per must read the notice. Third, to increase State agencies to consult with their Respondent: 1.130. State accountability for moving SNAP workforce development boards, and to Estimated Total Annual Responses: participants toward self-sufficiency, the explain in their E&T State plans the 9,075,199. Department proposes at 7 CFR extent to which they will coordinate Estimated Time per Response: 273.7(c)(11) to add two additional data with title I of WIOA. Based on the 0.0872938 hours. elements to the final quarterly E&T existing regulatory requirement to work Estimated Total Annual Burden on Program Activity Report (FNS 583 with their State workforce development Respondents: 792,209. reports) (SNAP Employment and systems, this information is already The total burden for this rulemaking Training Program activity Report; OMB collected by the Department through the is 1,484,820 burden hours and Control Number: 0584–0594; Expiration E&T State plans and is included in an 14,158,764 total annual responses.

Number of Estimated Previous Differences Description of Estimated Estimated Total burden total burden due to Difference Hourly Estimated Reg. section Affected public Respondent type activity number of frequency of annual hours per burden hours program due to wager cost to respondents response responses response hours used changes adjustment rate * respondents

7 CFR 273.7(c)(1) .... State Agencies ... State Agency E&T Provide Case 53 28,381 1,504,193 0.326 490,367 0 0 0 $30.12 $14,769,852 Case Manager *. Management Services. 7 CFR 273.7(c)(1) .... State Agency E&T Document Case 53 28,381 1,504,193 0.08 120,335 0 0 0 30.12 3,624,503 Case Manager *. Management Services. 7 CFR 273.7(c)(18)(i) State Eligibility Generate notice of 53 868 46,004 0.0334 1,537 0 0 0 22.34 34,326 worker *. ill-suited deter- mination. 7 CFR 273.7(c)(11) .. State Agency Ad- Reporting FNS 53 4 212 98 20,776 21,889 0 1,113 $18.02 $374,384 ministrative Staff *. 583 data ele- ments ** (OMB Control Number 0584–0594). 7 CFR 273.7(c)(11) .. State Agency Ad- Reporting addi- 17 1 17 516.9 8,788 0 8,788 0 18.02 158,360 ministrative Staff *. tional FNS 583 data elements.

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Number of Estimated Previous Differences Description of Estimated Estimated Total burden total burden due to Difference Hourly Estimated Reg. section Affected public Respondent type activity number of frequency of annual hours per burden hours program due to wager cost to respondents response responses response hours used changes adjustment rate * respondents

7 CFR 273.7(a)(5) ... State Eligibility Inform ABAWDs 53 38,283 2,028,999 0.0334 67,769 0 0 0 22.34 1,513,950 worker *. of the ABAWD work require- ment and time limit in writing. 7 CFR 273.7(a)(5) ... State Agency Ad- Develop ABAWD 53 1 53 24 1,272 0 0 0 18.02 22,921 ministrative Staff *. written state- ment.

Sub-Total State Agencies ...... 159 95,915.00 5,083,459 0.135748 690,067 ...... 20,123,912

7 CFR 273.7(c)(1) .... Individual & E&T Participants .... Participate in 460,000 3.27 1,504,200 0.426 640,789 0 0 0 7.25 4,645,720 Household. Case Manage- ment. 7 CFR 273.7(c)(18)(i) Individual & E&T Participants .... Read notice of ill- 46,000 1 46,000 0.02 920 0 0 0 7.25 6670 Household. suited deter- mination.

Sub-Total Individual/Households ...... 506,000 4.27 1,550,200 0.413952 641,709 ...... 4,652,390

Grand Total Reporting Burden with both affected public and States ...... 506,159 95,919.27 6,633,659 0.20076 1,331,776 21,858 8,788 1,113 ...... 24,776,302

7 CFR 273.7(c)(1) .... State Agencies ... State Agency E&T Provide Case 53 28,381 1,504,193 0.326 490,367 0 0 0 30.12 14,769,852 Case Manager *. Management Services. 7CFR 273.7(c)(1) ..... State Agency E&T Document Case 53 28,381 1,504,193 0.08 120,335 0 0 0 30.12 3,624,503 Case Manager *. Management Services. 7 CFR 273.7(c)(18)(i) State Agency Ad- Develop Notice of 53 1 53 24 1,272 0 0 0 18.02 22,921 ministrative Staff *. Employment and Training Participation Change (NETPC). 7 CFR 273.7(c)(18)(i) State Eligibility Generate Notice 53 868 46,004 0.0334 1,537 0 0 0 22.34 34,326 worker *. of Employment and Training Participation Change (NETPC). 7 CFR 273.7(c)(11) .. State Agency Ad- Reporting FNS 53 4 212 98 20,776 21,889 0 1,113 18.02 374,384 ministrative Staff *. 583 data ele- ments ** (OMB Control Number 0584–0594). 7 CFR 273.7(c)(11) .. State Agency Ad- Reporting addi- 17 1 17 516.9 8,788 0 8,788 0 18.02 158,360 ministrative Staff *. tional FNS 583 data elements. 7 CFR 273.7(a)(5) ... State Agency Ad- Develop ABAWD 53 1 53 24 1,272 0 0 0 18.02 22,921 ministrative Staff *. written state- ment of work re- quirements. 7 CFR 273.7(a)(5) ... State Eligibility Inform ABAWDs 53 38,283 2,028,999 0.0334 67,769 0 0 0 22.34 1,513,950 worker *. of the ABAWD work require- ment. 7 CFR 273.14(b)(5) State Agency Ad- Develop list of 53 1 53 24 1,272 0 0 0 18.02 22,921 ministrative Staff *. Employment and Training Services.

Sub-Total State Agencies ...... 159 31,972.107 5,083,565 0.136245 692,611 ...... 20,169,755

7 CFR 273.7(c)(1) .... Individual & E&T Participants .... Participate in 460,000 3.27 1,504,200 0.426 640,789 0 0 0 7.25 4,645,720 Household. Case Manage- ment. 7 CFR 273.7(c)(18)(i) E&T Participants .... Read Notice of 46,000 1 46,000 0.02 920 0 0 0 7.25 6,670 Employment and Training Participation Change. 7 CFR 273.7(a)(5) ... E&T Participants .... Read written 2,028,999 1 2,028,999 0.02 40,580 0 0 0 7.25 294,205 statement of work require- ments. 7 CFR 273.14(b)(5) E&T Participants .... Read list of Em- 5,496,000 1 5,496,000 0.02 109,920 0 0 0 7.25 796,920 ployment and Training Serv- ices.

Sub-Total Individual/Households ...... 8,030,999 1.13002118 9,075,199 0.087294 792,209 ...... 5,743,515

Grand Total Reporting Burden with both affected public and States ...... 8,031,158 31,973.24 14,158,764 0.104869 1,484,820 21,858 8,788 1,113 ...... 25,913,270 * Note: Each State Eligibility worker is counted once as all State Agency employees. ** Note: FNS has not included the burden already approved for the current 583 reporting elements w/additional funds in the grand total. The current FNS 583 reporting elements are undergoing a separate revision with OMB control number: 0584–0594; Expiration Date: 9/30/19 (currently going through agency revisions); FNS is not seeking approval for these burden estimates in the request. All burden hours associated with the FNS 583 will be merged into 0584–0594 when OMB approves the information collection request (ICR) associated with the Final Rule. *** Based on the Bureau of Labor Statistics May 2018 Occupational and Wage Statistics (http://www.bls.gov/oes/current/)—the salaries of the case managers are considered to be ‘‘Social Workers—other’’ (21–1029) functions val- ued at $30.12 per staff hour. The salaries of the eligibility workers are considered to be ‘‘Eligibility Interviewers, government programs’’ (43–4061) functions valued at $22.34. The salaries of Office and Administrative Support Workers, All other (43–9199) is $18.02 per hour. The $7.25 used to calculate a cost to applicants is the Federal minimum wage.

E-Government Act Compliance List of Subjects programs—social programs, Penalties, Reporting and recordkeeping. The Department is committed to 7 CFR Part 271 complying with the E-Government Act Accordingly, 7 CFR parts 271 and 273 Administrative practice and are proposed to be amended as follows: of 2002, to promote the use of the procedures, Food stamps, Grant internet and other information programs—social programs. PART 271 —GENERAL INFORMATION technologies to provide increased AND DEFINITIONS opportunities for citizen access to 7 CFR Part 273 Government information and services, Administrative practice and ■ 1. The authority citation for part 271 and for other purposes. procedures, Food stamps, Grant continues to read as follows:

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Authority: 7 U.S.C. 2011–2036. PART 273—CERTIFICATION OF ■ u. Amend newly redesignated ■ ELIGIBLE HOUSEHOLDS paragraph (e)(2)(viii) by adding a 2. In § 271.2: sentence after the second sentence; ■ a. Remove the definitions of ■ 3. The authority citation for part 273 ■ v. Add paragraph (e)(2)(ix); ‘‘Employment and training (E&T) continues to read as follows: ■ w. Amend newly redesignated component’’ and ‘‘Employment and Authority: 7 U.S.C. 2011–2036. paragraph (e)(4)(i) by adding the words training (E&T) mandatory participant’’ ‘‘case management or’’ after the words ■ 4. In § 273.7: and add in their places the definitions ‘‘the length of time a participant spends ■ a. Revise paragraphs (c)(1) through (3) ‘‘Employment and Training (E&T) in’’; and the first sentence of paragraph component’’ and ‘‘Employment and ■ x. Amend newly redesignated (c)(4); Training (E&T) mandatory participant’’, paragraph (e)(4)(ii) in the first sentence ■ b. Amend paragraph (c)(5) by adding respectively; by removing the text ‘‘(e)(1)(iii) and a sentence at the beginning of the ■ (e)(1)(iv)’’ and adding in its place the b. Add the definition of ‘‘Employment paragraph; text ‘‘(e)(2)(iii) and (iv)’’ and in the and Training (E&T) participant’’ in ■ c. Amend paragraph (c)(6)(i) by second sentence by removing the word alphabetical order; adding two sentences after the second ‘‘component’’ and adding in its place ■ c. Remove the definition of sentence; the word ‘‘program’’; ‘‘Employment and training (E&T) ■ d. Redesignate paragraphs (c)(6)(ii) ■ y. Amend newly redesignated program’’ and add in its place the through (xvii) as paragraphs (c)(6)(iii) paragraph (e)(5)(i) by removing the definition of ‘‘Employment and Training through (c)(6)(xviii), respectively, and words ‘‘program components’’ and (E&T) program’’; add a new paragraph (c)(6)(ii); adding in its place the text ‘‘an E&T ■ ■ e. Amend newly redesignated d. Add the definition of ‘‘Employment program’’; paragraph (c)(6)(xi) by removing the and Training (E&T) voluntary ■ z. Amend newly redesignated word ‘‘components’’ and adding in its participant’’ in alphabetical order; and paragraph (e)(5)(ii) by removing the place the word ‘‘program’’; ■ e. Remove the definition of ‘‘Placed in word ‘‘component’’ and adding in its ■ f. Amend newly redesignated an employment and training (E&T) place the word ‘‘program’’; program’’. paragraph (c)(6)(xii) by adding four ■ aa. Revise newly redesignated sentences after the second sentence; The additions and revisions read as ■ paragraph (e)(5)(iii); g. Add paragraph (c)(6)(xix); ■ bb. Amend paragraph (f)(1) follows: ■ h. Amend paragraph (c)(9)(iv) by introductory text by removing the text § 271.2 Definitions. removing the words ‘‘15 percent ‘‘paragraphs (i)(2) and (i)(3)’’ and adding exemption allowance’’ and adding in * * * * * in its place ‘‘paragraphs (i)(2), (3), and their place the words ‘‘discretionary Employment and Training (E&T) (4)’’; exemptions’’; ■ cc. Amend paragraph (f)(6) in the component a work experience, work ■ i. Amend paragraph (c)(11)(i) by third sentence by adding the words ‘‘or training, supervised job search, or other removing the word ‘‘and’’ at the end of program described in section service of the E&T program’’ after the the paragraph; words ‘‘relevant component’’ and in the 6(d)(4)(B)(i) of the Food and Nutrition ■ j. Amend paragraph (c)(11)(ii) by fifth sentence by removing the word Act of 2008 (7 U.S.C. 2015(d)(4)(B)(i)) removing the period at the end and designed to help SNAP participants ‘‘component’’ and adding its place the adding in its place ‘‘; and’’; word ‘‘program’’; move promptly into unsubsidized ■ k. Add paragraphs (c)(11)(iii), ■ employment. dd. Redesignate paragraph (i)(4) as (c)(17)(x), and (c)(18); paragraph (i)(5) and add a new ■ Employment and Training (E&T) l. Amend paragraph (d)(1)(i)(C) by paragraph (i)(4); mandatory participant a supplemental removing the number ‘‘$50,000’’ in ■ ee. Remove the heading from newly nutrition assistance program applicant every place it appears and adding in its redesignated paragraph (i)(5); and or participant who is required to work place the number ‘‘$100,000’’; ■ ff. Add paragraph (n). register under 7 U.S.C. 2015(d)(1) or (2) ■ m. Remove paragraph (d)(1)(i)(D); The revisions and additions read as and who the State determines should ■ n. Amend paragraph (d)(1)(ii)(A) by follows: not be exempted from participation in removing the word ‘‘component’’ in an employment and training program every place it appears and adding in § 273.7 Work provisions. and is required to participate in E&T. their place the word ‘‘program’’ and by * * * * * Employment and Training (E&T) removing the words ‘‘to subsidize the (c) * * * participant means an individual who wages of participants, or’’; (1) The State agency must register for meets the definition of a mandatory or ■ o. Add paragraph (d)(1)(iii); work each household member not voluntary E&T participant. ■ p. Revise the first sentence of exempted by the provisions of paragraph (d)(4)(v) and paragraph (e) paragraph (b)(1) of this section. Employment and Training (E&T) introductory text; (i) As part of the work registration program means a program operated by ■ q. Redesignate paragraphs (e)(1) process, the State agency must orally each State agency consisting of case through (4) as paragraphs (e)(2) through explain to the individual the pertinent management and one or more E&T (5) and add a new paragraph (e)(1); work requirements, the rights and components. ■ r. Amend newly redesignated responsibilities of work-registered Employment and Training (E&T) paragraph (e)(2) introductory text by household members, and the voluntary participant means a revising sentences seven and eight; consequences of failure to comply. This supplemental nutrition assistance ■ s. Revise newly designated paragraphs explanation must also be provided program applicant or participant who (e)(2)(i), (ii), and (iv); when a previously exempt individual or volunteers to participate in an ■ t. Amend newly redesignated new household member becomes a work employment and training (E&T) paragraph (e)(2)(v) by removing the registrant, and at recertification. program. words ‘‘, or a WIA or State or local (ii) The State agency must also * * * * * program’’; provide the information in paragraph

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(c)(1)(i) of this section in a written the State agency or when the participants who have been determined statement to each individual in the registration is otherwise annotated or ill-suited for participation in an E&T household who is registered for work recorded by the State agency. component in accordance with explaining the work requirements. If the (2) The State agency is responsible for paragraph (c)(18)(i) of this section shall individual is an able-bodied adult screening each work registrant to not be subject to disqualification for without dependents (ABAWD) in determine whether or not it is refusal without good cause to accordance with § 273.24(a), required to appropriate, based on the State agency’s participate in a mandatory E&T program participate in E&T in accordance with criteria, to require the individual to until after the State has taken one of the paragraph (c)(2) of this section, or both, participate in an E&T program. Upon four actions in paragraph (c)(18)(i)(B) of the written statement must also making this determination, the State this section, and the individual consolidate and explain these agency must inform the participant subsequently refuses to participate applicable work requirements. The orally of the requirements of the without good cause. consolidated written statement must program, what will constitute (4) The State agency must design and include all pertinent information related noncompliance, and the sanctions for operate an E&T program that consists of to each of the applicable work noncompliance. The State agency must case management services in accordance requirements, including: An also provide this information to the with paragraph (e)(1) of this section and explanation of each applicable work participant in writing, as specified in at least one or more, or a combination requirement; exemptions from each paragraph (c)(1)(ii) of this section. The of, employment and/or training applicable work requirement; the rights State agency is also responsible for components as described in paragraph and responsibilities of each applicable referring mandatory E&T participants, as (e)(2) of this section. * * * work requirement for individuals defined in paragraph (e) of this section (5) The State agency must design its subject to the work requirements; what and § 272.1, required to participate in E&T program in consultation with the is required to maintain eligibility under E&T to the E&T program. The State State workforce development board, or each applicable work requirement; agency may establish their own with private employers or employer pertinent dates by which an individual procedures for this referral, which may organizations if the State agency must take any actions to remain in vary from participant to participant, but determines the latter approach is more compliance with each of the applicable in all cases, the E&T participant must effective and efficient. * * * work requirements; the consequences receive both case management services (6) * * * for failure to comply with each and at least one E&T component while (i) * * * If a State agency plans to applicable work requirement; and any participating in E&T. The State agency offer supervised job search in other information the State agency must determine the order the accordance with paragraph (e)(2)(i) of believes would assist the household participant will receive the elements of this section, the State agency must also members with compliance. If the an E&T program (e.g., case management include in the E&T plan a summary of individual is subject to mandatory E&T, followed by a component, case the State guidelines implementing the consolidated written statement must management embedded within a supervised job search. This summary of also explain the individual’s right to component, etc.) and explain what the the State guidelines, at a minimum, receive participant reimbursements for participant must do next to access the must describe: The State-approved allowable expenses related to E&T program. If there is not an locations for supervised job search and appropriate and available opening in an participation in E&T, up to any how they were selected; and how the E&T program, the State agency must applicable State cap, and the supervised job search component meets determine the participant has good responsibility of the State agency to the requirements to directly supervise cause for failure to comply with the exempt the individual from the the activities of participants and track mandatory E&T requirement in requirement to participate in E&T if the the timing and activities of participants; accordance with paragraph (i)(4) of this individual’s allowable expenses exceed (ii) A description of the case section. The State agency may, with what the State agency will reimburse, as management services and models, the FNS approval, use intake and sanction provided in paragraph (d)(4) of this cost for providing the services, how systems that are compatible with its title section. In addition, as stated in participants will be referred to case IV–A work program. Such systems must management, how the participant’s case paragraphs (c)(1)(i) and (c)(2) of this be proposed and explained in the State section, and § 273.24(a)(5), the State agency’s E&T State Plan. will be managed, who will provide agency must provide a comprehensive (3) After learning of an individual’s services, and how the service providers oral explanation to the household of non-compliance with SNAP work will coordinate with E&T providers, the each applicable work requirement requirements in paragraph (a) of this State agency, and other community pertaining to individuals in the section, the State agency must issue a resources, as appropriate; household. Both the consolidated notice of adverse action to the * * * * * written statement and the individual, or to the household if (xii) * * * The State agency must comprehensive oral explanation must be appropriate, within 10 days of document how it consulted with the provided at certification, recertification, establishing that the noncompliance State workforce development board. If and when a previously exempt was without good cause. The notice of the State agency consulted with private individual or new household member adverse action must meet the timeliness employers or employer organizations in becomes subject to a work requirement. and adequacy requirements of § 273.13. lieu of the State workforce development (iii) The State agency must permit the If the individual complies before the board, it must document this applicant to complete a record or form end of the advance notice period, the consultation and explain the for each household member required to State agency will cancel the adverse determination that doing so was more register for employment in accordance action. If the State agency offers a effective or efficient. The State agency with paragraph (a)(1)(i) of this section. conciliation process as part of its E&T must include in its E&T State plan a Household members are considered to program, it must issue the notice of description of any outcomes from the have registered when an identifiable adverse action no later than the end of consultation with the State workforce work registration form is submitted to the conciliation period. Mandatory E&T development board or private employers

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or employer organizations. The State section. The E&T provider has the section, the State agency must consider agency must also address in the E&T authority to determine if an individual if one of the other available actions in State plan the extent to which E&T is ill-suited for the E&T component from paragraph (c)(18)(i)(B) of this section activities will be carried out in the time an individual is referred to an would be appropriate for the individual; coordination with the activities under E&T component until completion of the or title I of WIOA; component. When a State agency (4) Coordinate, to the maximum * * * * * receives notification that an individual extent practicable, with other Federal, (xix) Any State agency that will be has been determined ill-suited, and the State, or local workforce or assistance requesting Federal funds that may individual is not exempt from the work programs to identify work opportunities become available for reallocation in requirements as specified in paragraph or assistance for the individual. accordance with paragraph (d)(1)(iii)(A), (b) of this section, the State agency (ii) From the time an E&T provider (B), or (D) of this section should include must: determines an individual is ill-suited for this request in the E&T State plan for the (A) Send a Notice of E&T an E&T component until after the State year the State agency would plan to use Participation Change (NETPC) to the agency takes one of the actions in the reallocated funds. The request must household, as soon as possible. The paragraph (c)(18)(i)(B) of this section, include a separate budget and narrative notice must inform the household of the the individual shall not be found to explaining how the State agency intends ill-suited determination. In the case of have refused without good cause to to use the reallocated funds. FNS will an ABAWD who has been determined participate in mandatory E&T. From the review all State agency requests for ill-suited for an E&T component, the time an E&T provider determines an reallocated funds and notify State notice must notify the ABAWD that ABAWD is ill-suited for an E&T agencies of the approval of any regardless of the ill-suited component, the ABAWD will begin to reallocated funds in accordance with determination, the ABAWD will begin accrue countable months toward their 3- regulations at paragraph (d)(1)(iii)(E) of to accrue countable months toward their month participation time limit unless this section. FNS’ approval or denial of 3-month participation time limit as of the ABAWD fulfills the work requests for reallocated funds will occur the date of the notice unless the requirement in accordance with separately from the approval or denial ABAWD fulfills the work requirements § 273.24. in accordance with § 273.24. The notice of the rest of the E&T State plan. * * * * * must also provide contact information (d) * * * * * * * * for the State E&T program; and (11) * * * (B) Take the most suitable action from (1) * * * (iii) Number of SNAP participants among the following options: (iii) Additional allocations. If a State required to participate in E&T by the (1) Refer the individual to an agency will not obligate and expend all State agency and of those the number appropriate E&T program component in of the funds allocated to it for a fiscal who begin participation in an E&T accordance with paragraph (e)(1) of this year under paragraph (d)(1)(i) of this program. An E&T participant begins to section. Before making this referral, the section, FNS will reallocate the participate in an E&T program when the State agency must ensure the individual unobligated, unexpended funds to other participant commences at least one part meets State agency criteria for the E&T State agencies during the fiscal year or of an E&T program including an program in accordance with paragraph subsequent fiscal year. FNS will allocate orientation, assessment, case (c)(2) of this section, and that it is carryover funding to meet some or all of management, or a component. appropriate to refer the individual to an the State agencies’ requests, as it * * * * * E&T component, considering the considers appropriate and equitable in (17) * * * suitability of the individual for any accordance with the following process: (x) State agencies certifying workforce available E&T components. Any (A) Not less than 50 percent shall be partnerships for operation in their State individual referred to an E&T reallocated to State agencies requesting in accordance with paragraph (n) of this component must also receive case funding to conduct employment and section may report relevant data to management services in accordance training programs and activities for demonstrate the number of program with paragraph (e)(1) of this section; which the State agency had previously participants served by the workforce (2) Refer the individual to an received funding under the pilots partnership, and of those how many appropriate workforce partnership as authorized by the Agricultural Act of were mandatory E&T participants. defined in paragraph (n) of this section, 2014 (Pub. L. 113–79) that FNS * * * * * if available. Before making this referral, determines have the most demonstrable (18)(i) The State agency must ensure the State agency must provide impact on the ability of participants to E&T providers are informed of their information about workforce find and retain employment that leads authority to determine if an individual partnerships to assist the individual in to increased household income and is ill-suited for a particular E&T making an informed decision about reduced reliance on public assistance. component. For purposes of this whether to voluntarily participate in the (B) Not less than 30 percent shall be paragraph (c)(18), an E&T provider is workforce partnership, in accordance reallocated to State agencies requesting the provider of an E&T component. The with paragraph (n)(10) of this section; funding for E&T programs and activities E&T provider must notify the State (3) Reassess the physical and mental under paragraph (e)(1) or (2) of this agency of an ill-suited determination as fitness of the individual. If the section that FNS determines have the soon as possible after the determination individual is not found to be physically most demonstrable impact on the ability is made and inform the State agency of or mentally fit, the individual is exempt of participants to find and retain the reason for the ill-suited from the work requirements in employment that leads to increased determination. If the State agency is paragraph (a) of this section. If the household income and reduced reliance unable to obtain the reason for the ill- individual is found to be physically or on public assistance, including suited determination from the E&T mentally fit, and the State agency activities targeted to: provider, the State agency must determines the individual is not (1) Individuals 50 years of age or continue to act on the ill-suited otherwise exempt from the general work older; determination in accordance with this requirements in paragraph (a) of this (2) Formerly incarcerated individuals;

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(3) Individuals participating in a prior years, the specificity of the State E&T component for a mandatory E&T substance abuse treatment program; agency’s plan for spending carryover participant, the case manager must (4) Homeless individuals; funds, and the quality of program and inform the appropriate State agency (5) People with disabilities seeking to scope of impact for the State’s E&T staff. enter the workforce; program. (2) * * * In accordance with section (6) Other individuals with substantial * * * * * 6(o)(1)(C) of the Food and Nutrition Act barriers to employment, including (4) * * * of 2008 and § 273.24, supervised job disabled veterans; or (v) The State agency must inform all search and job search training, when (7) Households facing multi- offered as components of an E&T generational poverty, to support mandatory E&T participants that they may be exempted from E&T program, are not qualifying activities employment and workforce relating to the participation participation through an integrated and participation if their monthly expenses that are reasonably necessary and requirements necessary to fulfill the family-focused approach in providing ABAWD work requirement under supportive services. directly related to participation in the E&T program, including participation in § 273.24. However, job search, including (C) State agencies who receive supervised job search, or job search reallocated funds under paragraph case management services and E&T components, exceed the allowable training activities, when offered as part (d)(1)(iii)(A) of this section may also be of other E&T program components, are considered to receive reallocated funds reimbursement amount. * * * (e) Employment and training acceptable as long as those activities under paragraph (d)(1)(iii)(B) of this comprise less than half the total programs. Work registrants not section. required time spent in the components. otherwise exempted by the State agency (D) The remaining funds not *** accounted for with the reallocations are subject to the E&T program (i) A supervised job search program. specified in paragraph (d)(1)(iii)(A) or participation requirements imposed by Supervised job search programs are (B) of this section shall be reallocated to the State agency. Such individuals are those that occur at State-approved State agencies requesting such funds for referred to in this section as E&T locations at which the activities of E&T programs and activities under mandatory participants or mandatory participants shall be directly supervised paragraph (e)(1) or (2) of this section E&T participants. Mandatory E&T and the timing and activities of that FNS determines have the most participants who have been determined participants tracked in accordance with demonstrable impact on the ability of ill-suited for participation in an E&T guidelines issued by the State agency participants to find and retain component in accordance with and summarized in their E&T State plan employment that leads to increased paragraph (c)(18)(i) of this section shall in accordance with paragraph (c)(6)(i) of household income and reduced reliance not be subject to disqualification for this section. Job search that does not on public assistance. refusal without good cause to meet the definition of supervised job (E) State agencies requesting the participate in mandatory E&T during the search in the previous sentence is reallocated funds specified in paragraph time specified in paragraph (c)(18)(ii) of allowed as a subsidiary activity of (d)(1)(iii)(A), (B), or (D) of this section this section. Requirements may vary another E&T component, so long as the shall make their request for those funds among participants. Failure to comply job search activity comprises less than in their E&T State plans submitted for without good cause with the half of the total required time spent in the upcoming fiscal year. FNS will requirements imposed by the State the component. The State agency may determine the amount of reallocated agency will result in disqualification as require an individual to participate in funds each requesting State agency shall specified in paragraph (f)(2) of this supervised job search from the time an receive and provide the reallocated section. application is filed for an initial period funds to those State agencies within a (1) Case management. The State E&T established by the State agency. timeframe that allows each State agency program must provide case management Following this initial period (which to which funds are reallocated at least services such as comprehensive intake may extend beyond the date when 270 days to expend the reallocated assessments, individualized service eligibility is determined) the State funds. When making the reallocations, plans, progress monitoring, or agency may require an additional FNS will also consider the size of the coordination with service providers supervised job search period in any request relative to the level of the State which are provided to all E&T period of 12 consecutive months. The agency’s E&T spending in prior years, participants. The purpose of case first such period of 12 consecutive the specificity of the State agency’s plan management services shall be to guide months will begin at any time following for spending carryover funds, and the the participant towards appropriate E&T the close of the initial period. The State quality of program and scope of impact components and activities based on the agency may establish a supervised job for the State’s E&T program. participant’s needs and interests, search period that, in its estimation, will (F) Unobligated, unexpended funds support the participant through the E&T provide participants a reasonable not reallocated in the process specified program, and to provide services that opportunity to find suitable in paragraph (d)(1)(iii)(E) of this section, help the participant achieve program employment. The State agency should shall be reallocated to State agencies goals. The provision of case not, however, establish a continuous, upon request for E&T programs and management services must not be an year-round supervised job search activities under paragraph (e)(1) or (2) of impediment to the participant’s requirement. If a reasonable period of this section that FNS determines have successful participation in E&T. In supervised job search does not result in the most demonstrable impact on the addition, if the case manager determines employment, placing the individual in a ability of participants to find and retain a mandatory E&T participant may meet training or education component to employment that leads to increased an exemption from the requirement to improve job skills will likely be more household income and reduced reliance participate in an E&T program, the case productive. In accordance with section on public assistance. In making these manager must inform the appropriate 6(o)(1)(C) of the Food and Nutrition Act reallocations FNS will also consider the State agency staff. Also, if the case of 2008 and § 273.24, a supervised job size of the request relative to the level manager is unable to identify an search program is not a qualifying E&T of the State agency’s E&T spending in appropriate and available opening in an activity relating to the participation

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requirements necessary to maintain relationship, as defined by the Fair (4) Good cause includes the good SNAP eligibility for ABAWDs. However, Labor Standards Act, exists. cause provisions in paragraph (i)(2) of a job search program, supervised or (A) A work experience program may this section as well as circumstances otherwise, when operated under title I include: where the State agency determines that of the Workforce Innovation and (1) A work activity performed in there is not an appropriate and available Opportunity Act (WIOA), under section exchange for SNAP benefits that opening within the E&T program to 236 of the Trade Act, or a program of provides an individual with an accommodate the mandatory employment and training for veterans opportunity to acquire the general skills, participant. Good cause for operated by the Department of Labor or knowledge, and work habits necessary circumstances where there is not an the Department of Veterans Affairs, is to obtain employment. The purpose of appropriate or available opening within considered a qualifying activity relating work activity is to improve the the E&T program shall extend until the to the participation requirements employability of those who cannot find State agency identifies an appropriate necessary to maintain SNAP eligibility unsubsidized full-time employment. and available E&T opening, and the for ABAWDs. (2) A work-based learning program, State agency informs the SNAP which, for the purposes of SNAP E&T, participant. In addition, good cause for (ii) A job search training program that are sustained interactions with industry circumstances where there is not an includes reasonable job search training or community professionals in real appropriate and available opening and support activities. Such a program world settings to the extent practicable, within the E&T program shall only may consist of employability or simulated environments at an apply to the requirement to participate assessments, training in techniques to educational institution that foster in- in E&T and shall not provide good cause increase employability, job placement depth, firsthand engagement with the to ABAWDs who fail to fulfill their services, or other direct training or tasks required in a given career field, ABAWD work requirements in support activities, including educational that are aligned to curriculum and accordance with § 273.24. programs determined by the State instruction. Work-based learning * * * * * agency to expand the job search abilities emphasizes employer engagement, or employability of those subject to the (n) Workforce partnerships. includes specific training objectives, Workforce partnerships must meet the program. Job search training activities and leads to regular employment. Work- are approvable if they directly enhance following requirements: based learning can include internships, (1) Workforce partnerships are the employability of the participants. A pre-apprenticeships, apprenticeships, direct link between the job search programs operated by: customized training, transitional jobs, (i) A private employer, an training activities and job-readiness incumbent worker training, and on-the- must be established for a component to organization representing private job training as defined under WIOA. employers, or a nonprofit organization be approved. In accordance with section Work-based learning can include both 6(o)(1)(C) of the Food and Nutrition Act providing services relating to workforce subsidized and unsubsidized development; or of 2008 and § 273.24, a job search employment models. training program is not a qualifying (ii) An entity identified as an eligible (B) A work experience program must: provider of training services under activity relating to the participation (1) Not provide any work that has the requirements necessary to maintain section 122(d) of WIOA (29 U.S.C. effect of replacing the employment of an 3152(d)). SNAP eligibility for ABAWDs. However, individual not participating in the such a program, when operated under (2) Workforce partnerships may employment or training experience include multi-State programs. title I of WIOA, under section 236 of the program; and Trade Act, or a program of employment (3) Workforce partnerships must be in (2) Provide the same benefits and compliance with the Fair Labor and training for veterans operated by the working conditions that are provided at Department of Labor or the Department Standards Act of 1938 (29 U.S.C. 201 et the job site to employees performing seq.), as applicable. of Veterans Affairs, is considered a comparable work for comparable hours. qualifying activity relating to the (4) All workforce partnerships must * * * * * be certified by the Secretary or by the participation requirements necessary to (viii) * * * State agencies must make maintain SNAP eligibility for ABAWDs. State agency to the Secretary to indicate a good faith effort to provide job all of the elements in paragraphs * * * * * retention services for at least 30 days. (n)(4)(i) through (v) of this section. The (iv) A work experience program *** workforce partnership must: designed to improve the employability (ix) Programs and activities conducted (i) Assist SNAP households in gaining of household members through actual under the pilots authorized by the high-quality, work-relevant skills, work experience or training, or both, Agricultural Act of 2014 (Pub. L. 113– training, work, or experience that will and to enable individuals employed or 79) that the Secretary determines, based increase the ability of the participants to trained under such programs to move on the results from the independent obtain regular employment; promptly into regular public or private evaluations conducted for those pilots, (ii) Provide participants with not less employment. Work experience is a have the most demonstrable impact on than 20 hours per week, averaged planned, structured learning experience the ability of participants to find and monthly of training, work, or that takes place in a workplace for a retain employment that leads to experience; for the purposes of this limited period of time. Work experience increased household income and paragraph (n)(4)(ii), 20 hours a week may be paid or unpaid, as appropriate reduced reliance on public assistance. averaged monthly means 80 hours a and consistent with other laws such as * * * * * month; the Fair Labor Standards Act. Work (5) * * * (iii) Not use any funds authorized to experience may be arranged within the (iii) Voluntary participants are not be appropriated under the Food and private for-profit sector, the non-profit subject to the limitations specified in Nutrition Act of 2008; sector, or the public sector. Labor paragraph (e)(4) of this section. (iv) Provide sufficient information to standards apply in any work experience * * * * * the State agency, on request, to setting where an employee/employer (i) * * * determine whether members of SNAP

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households who are subject to the work not to supplant, the employment and (iv) Providing sufficient information, requirement in paragraph (a) of this training program of the State agency. on request by the State agency, for the section, the ABAWD work requirements (8) Workforce partnerships certified in State agency to verify that a participant in § 273.24, or both are fulfilling the accordance with paragraph (n)(4) of this is fulfilling the applicable work work requirement through the section are included in the definition of requirements in paragraph (a) of this workforce partnership; and a work program under § 273.24(a)(3) for section or § 273.24. (v) Be willing to serve as a reference the purposes of fulfilling the ABAWD ■ 5. In § 273.14, add paragraph (b)(5) to for participants who are members of work requirement. read as follows: SNAP households for future (9) The State agency shall not require employment or work-related programs. any member of a household § 273.14 Recertification. (5) In certifying that a workforce participating in SNAP to participate in * * * * * partnership meets the criteria in a workforce partnership. (b) * * * paragraphs (n)(4)(i) and (ii) of this (10) A State agency shall maintain a (5) Advisement. (i) At the time of section to be certified as a workforce list of workforce partnerships certified recertification, the State agency shall partnership, the Secretary or the State in accordance with paragraph (n)(4) of advise household members subject to agency shall require that the program this section, and provide this list not the work requirements of § 273.7(a) who submit to the Secretary or the State less frequently than at certification and reside in households meeting the agency sufficient information that recertification to a household member criteria in paragraph (b)(5)(ii) of this describes both: subject to the work requirements in section of available employment and (i) The services and activities of the paragraph (a) of this section or § 273.24. training services. This shall include, at program that would provide The State agency must provide the list a minimum, providing a list of available participants with not less than 20 hours electronically or by other means. The employment and training services per week of training, work, or list should include information that electronically or in printed form to the experience; and would assist the household member to household. (ii) How the workforce partnership make an informed decision about (ii) The State agency requirement in would provide services and activities participating in a workforce partnership, paragraph (b)(5)(i) of this section only described in paragraph (n)(5)(i) of this including the following information, if applies to households that meet all of section that would directly enhance the available: Contact information for the the following criteria, as most recently employability or job readiness of the workforce partnership, the types of reported by the household: participant. activities the participant would be (A) Contain a household member (6)(i) Workforce partnerships may not engaged in through the workforce subject to the work requirements of use any funds authorized to be partnership, screening criteria used by § 273.7(a); appropriated by the Food and Nutrition the workforce partnership to select (B) Contain at least one adult; Act of 2008. individuals, the location of the (C) Contain no elderly or disabled (ii) If a member of a SNAP household workforce partnership, the work individuals; and is required to participate in an schedule or schedules, any special skills (D) Have no earned income. employment and training program in required to participate, and wage and * * * * * accordance with paragraph (a)(1)(ii) of benefit information, if applicable. ■ 6. In § 273.24: this section, the State shall consider an (11) Participation in a workforce ■ a. Revise paragraph (a)(3)(i); individual participating in a workforce partnership shall not replace the ■ b. Amend paragraph (a)(3)(ii) by partnership certified in accordance with employment or training of an individual removing the word ‘‘or’’ at the end of paragraph (n)(4) of this section to be in not participating in a workforce the paragraph; compliance with the employment and partnership. ■ c. Revise paragraph (a)(3)(iii); training requirements. The State agency (12) A workforce partnership may ■ d. Add paragraphs (a)(3)(iv) and (v); cannot disqualify an individual for no select individuals for participation in ■ e. Revise paragraph (b)(2); longer participating in a workforce the workforce partnership who may or ■ f. Add paragraph (b)(8); partnership. When a State agency learns may not meet the criteria for the general ■ g. Amend paragraph (g) heading by that an individual is no longer work requirement at paragraph (a) of removing the text ‘‘15 percent’’ and participating in a workforce partnership, this section, including participation in adding in its place the word and the individual had been subject to E&T, or the ABAWD work requirement ‘‘Discretionary’’; mandatory E&T in accordance with at § 273.24(a)(1). ■ h. Amend paragraph (g)(1) by paragraph (a)(1)(ii) of this section, the (13) Workforce partnership reporting removing the text ‘‘15 percent State agency must re-screen the requirements to the State agency are exemption’’ and adding in its place the individual to determine if the limited to the following: words ‘‘discretionary exemptions’’; and individual qualifies for an exemption (i) On notification that an individual ■ i. Amend paragraph (g)(3) by from the work requirements in participating in the workforce removing the number ‘‘15’’ and adding accordance with paragraph (b) of this partnership is receiving SNAP benefits, in its place the number ‘‘12’’. section, and re-screen the individual to notifying the State agency that the The revisions and additions read as determine if the individual meets State individual is participating in a follows: criteria for referral to an E&T program or workforce partnership; component in accordance with (ii) Identifying participants who have § 273.24 Time limit for able-bodied adults. paragraph (c)(2) of this section. After completed or are no longer participating (a) * * * this re-screening, if it is appropriate to in the workforce partnership; (3) * * * require the individual to participate in (iii) Identifying changes to the (i) A program under title I of the an E&T program, the State agency may workforce partnership that result in the Workforce Innovation and Opportunity refer the individual to an E&T program workforce partnership no longer Act (WIOA) (Pub. L.113–128); or workforce partnership, as applicable. meeting the certification requirements * * * * * (7) A state agency may use a in accordance with paragraph (n)(4) of (iii) An employment and training workforce partnership to supplement, this section; and program operated or supervised by a

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State or political subdivision of a State (v) A workforce partnership under confers good cause under this paragraph agency that meets standards approved § 273.7(n). (b)(2), except in the case of § 273.7(i)(4), by the Chief Executive Office, including * * * * * without the need for a separate good a SNAP E&T program under § 273.7(e) (b) * * * cause determination under this excluding any job search, supervised job (2) Good cause. As determined by the paragraph (b)(2). Good cause granted search, or job search training program. State agency, if an individual would under § 273.7(i)(4) only provides good However, a program under this have fulfilled the work requirement as cause to ABAWDs for failure or refusal paragraph (a)(3)(iii) may contain job defined in paragraph (a)(1) of this to participate in a mandatory SNAP E&T search, supervised job search, or job section, but missed some hours for good program, and does not confer good search training as subsidiary activities cause, the individual shall be cause for failure to fulfill the work as long as such activity is less than half considered to have fulfilled the work requirement as defined in paragraph the requirement. Participation in job requirement if the absence from work, (a)(1) of this section. search, supervised job search, or job the work program, or the workfare * * * * * search training as subsidiary activities program is temporary and the that make up less than half the individual retains his or her job, (8) Advisement. The State agency requirement count for purposes of training or workfare slot. Good cause shall inform all ABAWDs of the fulfilling the work requirement under shall include circumstances beyond the ABAWD work requirement and time § 273.35(a)(1)(ii); individual’s control, such as, but not limit both in writing and orally in (iv) A program of employment and limited to, illness, illness of another accordance with § 273.7(c)(1)(ii). training for veterans operated by the household member requiring the * * * * * Department of Labor or the Department presence of the member, a household Dated: March 3, 2020. of Veterans Affairs. For the purpose of emergency, or the unavailability of this paragraph (a)(3)(iv), any transportation. In addition, if the State Sonny Perdue, employment and training program of the agency grants an individual good cause Secretary of Agriculture, United States Department of Labor or Veterans Affairs under § 273.7(i) for failure or refusal to Department of Agriculture. that serves veterans shall be an meet the mandatory E&T requirement in [FR Doc. 2020–04821 Filed 3–16–20; 8:45 am] approved work program; or § 273.7, that good cause determination BILLING CODE 3410–30–P

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Reader Aids Federal Register Vol. 85, No. 52 Tuesday, March 17, 2020

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

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. 10 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 50...... 14736 Proclamations: 72...... 12861 The United States Government Manual 741–6000 9988...... 12715 1004...... 14756 9989...... 12717 Other Services 9990...... 12719 Proposed Rules: Electronic and on-line services (voice) 741–6020 9991...... 12721 Ch. I ...... 13076 Privacy Act Compilation 741–6050 9992...... 12855 50...... 12442 9993...... 15045 12 CFR ELECTRONIC RESEARCH Executive Orders: 201...... 13723 13907...... 12977 204...... 13724 World Wide Web 13908...... 12983 225...... 12398, 14772 Administrative Orders: Full text of the daily Federal Register, CFR and other publications 238...... 12398, 14772 Memorandums: 360...... 12724 is located at: www.govinfo.gov. Memorandum of Proposed Rules: Federal Register information and research tools, including Public February 21, 2020 ...... 13717 701...... 13982 Inspection List and electronic text are located at: Memorandum of March 702...... 13982 www.federalregister.gov. 3, 2020 ...... 13469 709...... 13982 Memorandum of March 741...... 13982 E-mail 11, 2020 ...... 15049 1006...... 12672 FEDREGTOC (Daily Federal Register Table of Contents Electronic Notices: Mailing List) is an open e-mail service that provides subscribers Notice of March 4, 13 CFR 2020 ...... 12981 with a digital form of the Federal Register Table of Contents. The 107...... 13725 Notice of March 5, digital form of the Federal Register Table of Contents includes 120...... 13725, 14772 2020 ...... 13473 HTML and PDF links to the full text of each document. 123...... 12862 Order of March 6, To join or leave, go to https://public.govdelivery.com/accounts/ 134...... 14772 2020 ...... 13719 USGPOOFR/subscriber/new, enter your email address, then 142...... 13725 follow the instructions to join, leave, or manage your 5 CFR 146...... 13725 subscription. Proposed Rules: 1201...... 12723 109...... 12875 PENS (Public Law Electronic Notification Service) is an e-mail 1630...... 12431 service that notifies subscribers of recently enacted laws. 1632...... 12431 14 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 1650...... 12431 25...... 12864, 14559 and select Join or leave the list (or change settings); then follow 8301...... 12859 39 ...... 13475, 13477, 13727, the instructions. 6 CFR 14143, 14409, 14411, 14413, FEDREGTOC and PENS are mailing lists only. We cannot 14559, 14562, 14784,14786, respond to specific inquiries. 5...... 14733, 14734 14789, 14792, 15052, 15054, Proposed Rules: Reference questions. Send questions and comments about the 15056 5 ...... 13831, 14174, 14176, Federal Register system to: [email protected] 71 ...... 12432, 12434, 12435, 14805 12437, 12865, 12997, 12998, The Federal Register staff cannot interpret specific documents or 12999, 13001, 13479, 13481, regulations. 7 CFR 13731, 13732 357...... 12207 95...... 13003 FEDERAL REGISTER PAGES AND DATE, MARCH 920...... 12860 97...... 12865, 12867 944...... 12985 Proposed Rules: 12207–12430...... 2 980...... 12985 25...... 12227, 12230 12431–12714...... 3 999...... 12985 39 ...... 13578, 13581, 13583, 12715–12858...... 4 1437...... 12213 14178, 14180, 14423, 14807, 12859–12982...... 5 1464...... 15051 15079 12983–13474...... 6 1738...... 14393 71 ...... 12449, 13079, 13080, 13475–13718...... 9 1739...... 14393 14427, 14809 Proposed Rules: 13719–14142...... 10 15 CFR 14143–14392...... 11 51...... 13833 271...... 15304 740...... 13009 14393–14558...... 12 273...... 15304 744...... 14416, 14794 14559–14732...... 13 319...... 12441 762...... 14416 14733–15050...... 16 331...... 15078 Proposed Rules: 15051–15334...... 17 932...... 12757 744...... 14428 9 CFR 16 CFR Proposed Rules: Proposed Rules: 121...... 15078 314...... 13082

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17 CFR 7...... 13024 32 CFR 81...... 14608 200...... 12221 8...... 13024 199...... 15061 141...... 14098 275...... 13734 10...... 13024 233...... 13045 171...... 12244 13...... 13024 269...... 13047 180...... 12454 18 CFR 18...... 13024 329...... 15066 228...... 14622 35...... 13009, 13012 24...... 13024 257...... 12456 29...... 13024, 14294 33 CFR 721...... 12479 19 CFR 38...... 13024 100...... 13747 Ch. I...... 12731, 15059 96...... 13024 105...... 13493 41 CFR 403...... 13414 117 ...... 13517, 15066, 15067 20 CFR 417...... 13024 50-203...... 13024 165 ...... 12439, 13049, 13520, 60-30...... 13024 641...... 13024 471...... 13024 14574, 14576, 14799, 15069 501...... 13024 Proposed Rules: 655...... 13024 Proposed Rules: 580...... 13024 50-203...... 13086 656...... 13024 100 ...... 13595, 13598, 14837 1978...... 13024 60-30...... 13086 658...... 13024 127...... 12451 1979...... 13024 102-81...... 12489 667...... 13024 165 ...... 12452, 13598, 13841, 1980...... 13024 683...... 13024 14840, 15082 702...... 13024 1981...... 13024 42 CFR Proposed Rules: 1982...... 13024 34 CFR Proposed Rules: 1983...... 13024 641...... 13086 300...... 13523 73...... 15087 1984...... 13024 655...... 13086 361...... 13523 1985...... 13024 656...... 13086 363...... 13523 1986...... 13024 47 CFR 658...... 13086 367...... 13523 1987...... 13024 667...... 13086 370...... 13523 0...... 12747 1988...... 13024 683...... 13086 381...... 13523 1...... 12747 702...... 13086 Proposed Rules: 20...... 12747 2...... 13086 37 CFR 21 CFR 36...... 12747 7...... 13086 1...... 12222 51...... 12747 573...... 14565 8...... 13086 380...... 12745 54...... 12747, 13773 882...... 13312 10...... 13086 Proposed Rules: 61...... 12747 895...... 13312 13...... 13086 64...... 12747 1308...... 13741 201...... 12704 18...... 13086 202...... 12704 69...... 12747 Proposed Rules: 24...... 13086 76...... 13069 1100...... 13840 29...... 13086 38 CFR Proposed Rules: 1107...... 13840 38...... 13086 Ch. I ...... 14869 1114...... 13840 9...... 14800 96...... 13086 17...... 13052 1...... 15092 1301...... 14810 417...... 13086 2...... 13119 471...... 13086 Proposed Rules: 22 CFR 9...... 13843 501...... 13086 17...... 14429 71...... 13356 20...... 13119 171...... 13482 580...... 13086 54...... 15092 Proposed Rules: 1978...... 13086 39 CFR 68...... 13119 171...... 13104 1979...... 13086 1980...... 13086 501...... 12870 24 CFR 1981...... 13086 3025...... 13054 49 CFR 28...... 13041 1982...... 13086 Proposed Rules: 270...... 12826 30...... 13041 1983...... 13086 3050...... 13601 271...... 12826 87...... 13041 1039...... 12749 1984...... 13086 40 CFR 180...... 13041 1985...... 13086 Ch. XII ...... 12731, 15059 3282...... 13041 1986...... 13086 31...... 12224 Proposed Rules: Proposed Rules: 1987...... 13086 52 ...... 12874, 13055, 13057, 299...... 14036, 14449 100...... 14605 1988...... 13086 13748, 13755, 14145, 14147, 14418, 14420, 14578, 15071, 26 CFR 50 CFR 30 CFR 15074, 15076 1 ...... 13045, 13483, 15060, 63...... 13524, 14526 300...... 14586 250...... 12733 15061 82...... 14150, 15258 622 ...... 13070, 14171, 14602 913...... 12735 300...... 14567 180 ...... 13059, 13546, 13548 635...... 14802 948...... 12739 Proposed Rules: 710...... 13062 648 ...... 13071, 13074, 13552 725...... 13760 679 ...... 13553, 13576, 13577, 1...... 13118 31 CFR Proposed Rules: 13802, 14172, 14603, 14803, 28 CFR 591...... 14572 52 ...... 12232, 12241, 12876, 15076 28...... 13483 595...... 13746 12877, 12882, 13602, 14442, Proposed Rules: Proposed Rules: 14605, 14606, 14608, 14843, 17...... 13844 29 CFR 800...... 13586, 14837 14844, 14847 648...... 13603 2...... 13024 802...... 13586, 14837 62...... 14621 679...... 13618

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