Vol. 85 Wednesday, No. 107 June 3, 2020

Pages 34085–34352

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 85, No. 107

Wednesday, June 3, 2020

Agricultural Marketing Service Commodity Credit Corporation NOTICES NOTICES Designation for the South Carolina Area, 34160–34161 Funds Availability: Higher Blends Infrastructure Incentive Program for Fiscal Year 2020 and Solicitation of Applications for the Agriculture Department Higher Blends Infrastructure Incentive Program See Agricultural Marketing Service Fiscal Year 2020; Correction, 34174 See Commodity Credit Corporation See Forest Service Copyright Office, Library of Congress See Rural Business-Cooperative Service PROPOSED RULES See The U.S. Codex Office Modernizing Recordation of Notices of Termination, 34150– RULES 34155 Review and Issuance of Agency Guidance Documents, NOTICES 34085–34087 Sovereign Immunity Study, 34252–34256

Alcohol and Tobacco Tax and Trade Bureau Defense Department RULES RULES Establishment of the Tualatin Hills and Laurelwood District TRICARE Pharmacy Benefits Program Reforms, 34101– Viticultural Areas, 34095–34100 34104 PROPOSED RULES Federal Acquisition Regulation: Bureau of Consumer Financial Protection Good Faith in Small Business Subcontracting, 34155– NOTICES 34159 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34183 Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Census Bureau Submissions, and Approvals: NOTICES Application for Permit to Export Controlled Substances, Agency Information Collection Activities; Proposals, Application for Permit to Export Controlled Submissions, and Approvals: Substances for Subsequent Reexport, 34240 Annual Wholesale Trade Survey, 34174–34175 Application for Permit to Import Controlled Substances Generic Clearance for Internet Panel Pretesting and for Domestic and/or Scientific Purposes, 34237– Qualitative Survey Methods Testing, 34175–34177 34238 Household Pulse Survey, 34178–34179 Controlled Substances Import/Export Declaration, 34241 Voting and Registration Supplement, 34177 Import/Export Declaration for List I and List II Chemicals, 34239–34240 Centers for Medicare & Medicaid Services Report of Loss or Disappearance of Listed Chemicals and NOTICES Regulated Transactions in Tableting/Encapsulating Agency Information Collection Activities; Proposals, Machines, 34238–34239 Submissions, and Approvals, 34209–34210 Education Department NOTICES Children and Families Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, National Assessment of Educational Progress, 34183– Submissions, and Approvals: 34184 Refugee Support Services and Refugee Support Services Set Aside Sub-Agency List, 34210 Election Assistance Commission NOTICES Coast Guard Meetings; Sunshine Act, 34184–34185 RULES Safety Zone: Employment and Training Administration Pier 45 Fire Cleanup and Potential Marine Debris, San NOTICES Francisco Bay, San Francisco, CA, 34104–34106 Determinations Regarding Eligibility to Apply for Trade Adjustment Assistance, 34242–34247 Trade Adjustment Assistance; Determinations, 34247–34249 Commerce Department Worker Adjustment Assistance; Investigations, 34250– See Census Bureau 34251 See Industry and Security Bureau See International Trade Administration Energy Department See National Oceanic and Atmospheric Administration See Energy Information Administration

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See Federal Energy Regulatory Commission Federal Deposit Insurance Corporation PROPOSED RULES NOTICES Request for Information: Response to Exception Requests Pursuant to Recordkeeping Energy Conservation Program: Test Procedure for Electric for Timely Deposit Insurance Determination, 34194– Motors, 34111–34118 34196 NOTICES Meetings: Federal Energy Regulatory Commission Environmental Management Site-Specific Advisory NOTICES Board, Hanford, 34185 Application: Workshop on Predictive Models and High Performance Freeport LNG Development, L.P.; FLNG Liquefaction, Computing as Tools to Accelerate the Scaling-up of LLC; FLNG Liquefaction 2, LLC; FLNG Liquefaction New Bio-Based Fuels, 34185–34186 3, LLC, 34189–34190 Golden Pass LNG Terminal, LLC, 34187–34188 Energy Information Administration Northern Natural Gas Company, 34190–34191 NOTICES Combined Filings, 34188–34189, 34191 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34186–34187 Federal Housing Finance Agency NOTICES Environmental Protection Agency Order: RULES Revisions to Data Requirements for Enterprise Public Use Air Plan Approval: Database to Include New Home Mortgage Disclosure Louisiana; Withdrawal of Stage II Vapor Recovery Act Data Elements, 34196–34208 Systems Requirements, 34108–34110 Air Quality State Implementation Plans; Approvals and Federal Maritime Commission Promulgations: NOTICES Louisiana; Infrastructure for the 2015 Ozone National Agreements Filed, 34208 Ambient Air Quality Standards, 34106–34107 National Emission Standards for Hazardous Air Pollutants: Federal Motor Carrier Safety Administration Engine Test Cells/Stands Residual Risk and Technology NOTICES Review, 34326–34351 National Hazardous Materials Route Registry, 34284–34285 NOTICES Settlement: Federal Reserve System Hydromex Superfund Site; Yazoo City, MS, 34191 NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Equal Employment Opportunity Commission Company, 34208–34209 NOTICES Proposals to Engage in or to Acquire Companies Engaged in Meetings; Sunshine Act, 34191–34192 Permissible Nonbanking Activities, 34208

Federal Aviation Administration Federal Transit Administration RULES NOTICES Airworthiness Directives: Fiscal Year 2020 Apportionments, Allocations and Program Rolls-Royce Deutschland, Ltd & Co KG (Type Certificate Information, 34285–34303 previously held by Rolls-Royce plc) Turbofan Engines, 34088–34090 Fish and Wildlife Service The Boeing Company Airplanes, 34090–34094 NOTICES PROPOSED RULES Endangered Species: Airworthiness Directives: Recovery Permit Applications, 34215–34221 Airbus Helicopters, 34118–34121 Bombardier, Inc., Airplanes, 34141–34143 Forest Service Honeywell International Inc. Enhanced Ground Proximity NOTICES Warning System, 34136 Environmental Impact Statements; Availability, etc.: Leonardo S.p.A. Helicopters, 34139–34141 Bighorn National Forest; Wyoming; Invasive and Other Piper Aircraft, Inc. Airplanes, 34121–34136 Select Plant Management, 34172–34174 The Boeing Company Airplanes, 34136–34139 Forest Service Manual 2750, 34171–34172 Amendment of Class E Airspace: Guntersville, AL, 34148–34150 General Services Administration Amendment of V–5 and V–178, and Revocation of V–513: PROPOSED RULES Vicinity of New Hope, KY, 34146–34148 Federal Acquisition Regulation: Amendment of VOR Federal Airways V–2, V–14, V–31, V– Good Faith in Small Business Subcontracting, 34155– 33, V–36, V–84, V–164, V–252, and V–510: 34159 Vicinity of Buffalo, NY, 34144–34146 Health and Human Services Department Federal Communications Commission See Centers for Medicare & Medicaid Services NOTICES See Children and Families Administration Agency Information Collection Activities; Proposals, See Health Resources and Services Administration Submissions, and Approvals, 34192–34194 See National Institutes of Health

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Health Resources and Services Administration National Aeronautics and Space Administration NOTICES PROPOSED RULES Statement of Organization, Functions and Delegations of Federal Acquisition Regulation: Authority, 34210–34212 Good Faith in Small Business Subcontracting, 34155– 34159 Homeland Security Department NOTICES See Coast Guard Intent to Grant an Exclusive License, 34256

Indian Affairs Bureau National Institutes of Health NOTICES NOTICES Land Acquisitions: Meetings: Wyandotte Nation, 34221 Center for Scientific Review, 34213–34214 Solicitation of Proposals: National Heart, Lung, and Blood Institute, 34214–34215 Tribal Energy Development Capacity Grant, 34221–34226 National Institute of Mental Health, 34214 Office of the Director, 34212 Office of the Secretary, 34213 Industry and Security Bureau RULES Expansion of Export, Reexport, and Transfer (in-Country) National Oceanic and Atmospheric Administration Controls for Military End Use or Military End Users: NOTICES The People’s Republic of China, Russia, or Venezuela, Agency Information Collection Activities; Proposals, 34306–34323 Submissions, and Approvals: NOTICES West Coast Region Highly Migratory Species Vessel Request for Comments: Identification Requirements, 34181–34182 Section 232 National Security Investigation of Imports of Meetings: Vanadium, 34179–34180 New England Fishery Management Council, 34181–34183

Interior Department National Park Service See Fish and Wildlife Service NOTICES See Indian Affairs Bureau Inventory Completion: See National Park Service Sam Noble Oklahoma Museum of Natural History, See Reclamation Bureau University of Oklahoma, Norman, OK, 34226–34228 See Surface Mining Reclamation and Enforcement Office University of the Pacific, Dugoni School of Dentistry, San Francisco, CA, 34228–34232 Internal Revenue Service NOTICES Nuclear Regulatory Commission Meetings: RULES Art Advisory Panel; Availability of Report of 2019, 34303 American Society of Mechanical Engineers 2015-2017 Code Editions Incorporation by Reference; Correction, International Trade Administration 34087–34088 NOTICES Antidumping or Countervailing Duty Investigations, Orders, Occupational Safety and Health Administration or Reviews: NOTICES Ball Bearings and Parts Thereof from the United Agency Information Collection Activities; Proposals, Kingdom, 34180–34181 Submissions, and Approvals: The Anhydrous Ammonia Storage and Handling International Trade Commission Standard, 34251–34252 NOTICES Investigations; Determinations, Modifications, and Rulings, Postal Regulatory Commission etc.: NOTICES Silicon Metal from Russia, 34237 New Postal Products, 34256–34257

Justice Department Postal Service See Drug Enforcement Administration NOTICES NOTICES International Product Change: Agency Information Collection Activities; Proposals, Priority Mail Express International, Priority Mail Submissions, and Approvals: International & Commercial ePacket Duty and Tax Annual Parole Survey, Annual Probation Survey, 34241– Chargeback Agreement, 34257 34242 Priority Mail Express International, Priority Mail International, First-Class Package International Labor Department Service and Commercial ePacket Agreement, 34257 See Employment and Training Administration See Occupational Safety and Health Administration Reclamation Bureau NOTICES Library of Congress Water Allocations: See Copyright Office, Library of Congress Central Arizona Project, Arizona, 34232–34234

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Rural Business-Cooperative Service Trade Representative, Office of United States NOTICES NOTICES Funds Availability: Agency Information Collection Activities; Proposals, Higher Blends Infrastructure Incentive Program for Fiscal Submissions, and Approvals: Year 2020 and Solicitation of Applications for the Extension of Particular Exclusions Granted Under the Higher Blends Infrastructure Incentive Program $200 Billion Action Pursuant to Section 301: China’s Fiscal Year 2020; Correction, 34174 Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 34279–34283 Saint Lawrence Seaway Development Corporation Extension of Particular Exclusions Granted Under the NOTICES September 2019 Product Exclusion Notice from the Meetings: $34 Billion Action Pursuant to Section 301: China’s Advisory Board, 34303 Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 34274–34278 Securities and Exchange Commission NOTICES Transportation Department Self-Regulatory Organizations; Proposed Rule Changes: See Federal Aviation Administration Cboe BZX Exchange, Inc., 34270–34273 See Federal Motor Carrier Safety Administration NYSE Arca, Inc., 34262–34270 See Federal Transit Administration The Options Clearing Corp., 34257–34262 See Saint Lawrence Seaway Development Corporation Treasury Department State Department See Alcohol and Tobacco Tax and Trade Bureau NOTICES See Internal Revenue Service Agency Information Collection Activities; Proposals, Submissions, and Approvals: Veterans Affairs Department Birth Affidavit, 34273 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Surface Mining Reclamation and Enforcement Office Casket and Urn Reimbursement, 34304 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Separate Parts In This Issue Restrictions on Financial Interests of State Employees, 34235 Part II Rights of Entry, 34235–34236 Commerce Department, Industry and Security Bureau, Technical Evaluation Surveys, 34236–34237 34306–34323

Part III Surface Transportation Board Environmental Protection Agency, 34326–34351 NOTICES Acquisition Exemption: Iowa Northern Railway Co.; D and W Railroad, LLC, Reader Aids 34273–34274 Consult the Reader Aids section at the end of this issue for Release of Waybill Data, 34274 phone numbers, online resources, finding aids, and notice of recently enacted public laws. The U.S. Codex Office To subscribe to the Federal Register Table of Contents NOTICES electronic mailing list, go to https://public.govdelivery.com/ International Standard-Setting Activities, 34161–34171 accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or 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 1...... 34085 10 CFR 50...... 34087 Proposed Rules: 431...... 34111 14 CFR 39 (2 documents) ...... 34088, 34090 Proposed Rules: 39 (6 documents) ...... 34118, 34121, 34136, 34139, 34141 71 (3 documents) ...... 34144, 34146, 34148 15 CFR 774...... 34306 27 CFR 9...... 34095 32 CFR 199...... 34101 33 CFR 165...... 34104 37 CFR Proposed Rules: 201...... 34150 40 CFR 52 (2 documents) ...... 34106, 34108 63...... 34326 48 CFR Proposed Rules: 19...... 34155 42...... 34155 52...... 34155

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Rules and Regulations Federal Register Vol. 85, No. 107

Wednesday, June 3, 2020

This section of the FEDERAL REGISTER review, and other requirements set forth Accordingly, we are amending 7 CFR contains regulatory documents having general in section 4 of the executive order. part 1 as follows: applicability and legal effect, most of which are keyed to and codified in the Code of II. Notice and Comment Not Required PART 1—ADMINISTRATIVE Federal Regulations, which is published under REGULATIONS 50 titles pursuant to 44 U.S.C. 1510. This rule relates to internal agency management. Therefore, pursuant to 5 ■ 1. The authority citation for part 1 The Code of Federal Regulations is sold by U.S.C. 553(a)(2), notice of proposed continues to read as follows: the Superintendent of Documents. rulemaking and opportunity to comment are not required. Authority: 5 U.S.C. 301, unless otherwise noted. DEPARTMENT OF AGRICULTURE III. Procedural Requirements ■ 2. Add Subpart Q, consisting of Executive Order 12866 §§ 1.900 through 1.911, to read as Office of the Secretary follows: The Office of Management and Budget 7 CFR Part 1 (OMB) has determined that this Subpart Q—REVIEW AND ISSUANCE OF regulatory action does not meet the AGENCY GUIDANCE DOCUMENTS [Docket No. USDA–2020–0006] criteria for significant regulatory action Sec. 1.900 General. RIN 0503–AA64 pursuant to Executive Order 12866, Regulatory Planning and Review. 1.901 Requirements for clearance. 1.902 Public access to effective guidance Review and Issuance of Agency Additionally, because this rule does not documents. Guidance Documents meet the definition of a significant 1.903 Good faith cost estimates. regulatory action, it does not trigger the 1.904 Procedures for guidance documents AGENCY: Office of the Secretary, USDA. requirements contained in Executive identified as ‘‘significant’’ or ‘‘otherwise ACTION: Final rule. Order 13771. of importance to the Department’s The regulations added by this rule are interests.’’ SUMMARY: This final rule amends the 1.905 Designation procedures. intended to improve the internal U.S. Department of Agriculture’s 1.906 Notice-and-comment procedures. management of USDA. As such, it is for administrative regulations by adding 1.907 Petitions for guidance. the use of USDA personnel only and is procedural regulations for the review 1.908 Rescinded guidance. not intended to, and does not, create and issuance of agency guidance 1.909 Exigent circumstances. any right or benefit, substantive or 1.910 Reports to Congress and GAO. documents. procedural, enforceable at law or in 1.911 No judicial review or enforceable DATES: July 6, 2020. equity by any party against the United rights. FOR FURTHER INFORMATION CONTACT: Mr. States, its agencies or other entities, its § 1.900 General. Stephen O’Neill, Office of Budget and officers or employees, or any other (a) This subpart governs all United Program Analysis, USDA, 1400 person. Accordingly, we expect the States Department of Agriculture Independence Avenue SW, Washington, economic impact of this rule, if any, to (USDA) employees and contractors DC 20250–1400, (202) 720–0038. be minimal. involved with all phases of issuing SUPPLEMENTARY INFORMATION: Regulatory Flexibility Act USDA guidance documents. I. Background (b) These procedures apply to all The provisions of the Regulatory newly issued guidance documents and, On October 9, 2019, the President Flexibility Act relating to an initial and in certain respects, guidance documents signed Executive Order 13891, final regulatory flexibility analysis (5 already in effect. ‘‘Promoting the Rule of Law Through U.S.C. 603, 604) are not applicable to (c)(1) For purposes of this subpart, the Improved Agency Guidance this final rule because USDA was not term ‘‘guidance document’’ is defined as Documents.’’ Section 4 of the order required to publish notice of proposed in Executive Order 13891 and means an directs that, ‘‘[w]ithin 300 days of the rulemaking under 5 U.S.C. 553 or any agency statement of general date on which [the Office of other law. Accordingly, a regulatory applicability, intended to have future Management and Budget] issues an flexibility analysis is not required. effect on the behavior of regulated implementing memorandum under Paperwork Reduction Act parties, that sets forth a policy on a section 6 of this order, each agency statutory, regulatory, or technical issue, shall, consistent with applicable law, This final rule imposes no new or an interpretation of a statute or finalize regulations, or amend existing reporting or recordkeeping requirements regulation. regulations as necessary, to set forth necessitating clearance by OMB. (2) The term is not confined to formal processes and procedures for issuing List of Subjects in 7 CFR Part 1 written documents; guidance guidance documents.’’ documents may come in a variety of In accordance with that direction, the Administrative practice and forms, including (but not limited to) United States Department of Agriculture procedure, Antitrust, Claims, letters, memoranda, circulars, bulletins, (USDA) is amending its administrative Cooperatives, Courts, Equal access to advisories, and may include video, regulations in 7 CFR part 1 to add a new justice, Fraud, Freedom of information, audio, and Web-based formats. See Subpart Q, ‘‘Review and Issuance of Government employees, Indemnity Office of Management and Budget’s Agency Guidance Documents.’’ These payments, Lawyers, Motion pictures, (OMB) Bulletin 07–02, ‘‘Agency Good new regulations codify the process, Penalties, Privacy. Guidance Practices,’’ 72 FR 3432, 3434,

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3439 (January 25, 2007) (‘‘OMB Good President’s priorities, or the principles § 1.902 Public access to effective Guidance Bulletin’’) of E.O. 12866. guidance documents. (d) ‘‘Guidance document’’ does not (f) The term ‘‘significant guidance Each USDA agency that issues include the following: document’’ does not include the guidance documents shall: (1) Rules promulgated pursuant to categories of documents excluded in (a) Ensure all guidance documents in notice and comment under 5 U.S.C. 553 writing by OMB’s Office of Information effect are on its website in a single, or similar statutory provisions; and Regulatory Affairs (OIRA). searchable, indexed database, and (2) Rules exempt from rulemaking (g) Significant guidance documents available to the public. Guidance requirements under 5 U.S.C. 553(a); must be reviewed by OIRA before documents that do not appear on the (3) Rules of agency organization, issuance and must demonstrate website are considered rescinded. procedure, or practice; compliance with the applicable (b) Note on its website that guidance (4) Decisions of agency adjudications requirements for regulations or rules, documents lack the force and effect of under 5 U.S.C. 554 or similar statutory including significant regulatory actions, law, except as authorized by law or as provisions; incorporated into a contract. (5) Internal guidance directed to the set forth in Executive Orders 12866, (c) Maintain and advertise on its issuing agency or other agencies that is 13563, 13609, 13771, and 13777. website a means for the public to not intended to have substantial future § 1.901 Requirements for clearance. comment electronically on any guidance effect on the behavior of regulated Each USDA agency that issues a documents that are subject to the notice- parties; (6) Internal executive branch legal guidance document shall ensure that the and comment procedures of this subpart advice or legal opinions addressed to guidance document satisfies the and to submit requests electronically for executive branch officials; following requirements: issuance, reconsideration, modification, (7) Agency statements of specific (a) The guidance document complies or rescission of guidance documents in applicability, including advisory or with all applicable statutes and accordance with this subpart. legal opinions directed to particular regulations; (d) Designate an office to receive and parties about circumstance-specific (b) The guidance document identifies address complaints from the public that questions (e.g., case or investigatory or includes: a USDA agency is not following the letters responding to complaints, (1) The term ‘‘guidance’’ or its requirements of OMB’s Good Guidance warning letters), notices regarding functional equivalent; Bulletin or is improperly treating a particular locations or facilities (e.g., (2) The issuing agency and agency guidance document as a binding guidance pertaining to the use, component, as applicable; requirement. (3) A unique identifier, including, at operation, or control of a government § 1.903 Good faith cost estimates. facility or property), and a minimum, the date of issuance and correspondence with individual persons title of the document and its Z–RIN, if (a) Each USDA agency that issues a or entities (e.g., congressional applicable; guidance document shall, to the extent correspondence), except documents (4) The activity or entities to which practicable, make a good faith effort to ostensibly directed to a particular party the guidance document applies; estimate the likely economic impact of but designed to guide the conduct of the (5) Citations to applicable statutes and the guidance document to determine broader regulated public; regulations; whether the document might be (8) Agency statements that do not set (6) A statement noting whether the significant. forth a policy on a statutory, regulatory, guidance document is intended to revise (b) When a USDA agency is assessing or technical issue or an interpretation of or replace any previously issued or explaining whether it believes a a statute or regulation, including guidance and, if so, sufficient guidance document is a ‘‘significant speeches and presentations, editorials, information to identify the previously guidance document,’’ it shall, at a media interviews, press materials, or issued guidance; and minimum, provide the same level of congressional testimony that do not set (7) A short summary of the subject analysis that would be required for a forth for the first time a new policy or matter covered in the guidance determination of major/not major under interpretation; document at the top of the document. the Congressional Review Act. When an (9) Grant solicitations and awards; or (c) The guidance document does not agency determines that a guidance (10) Contract solicitations and awards. use mandatory language, such as document will be significant, the agency (e) The term ‘‘significant guidance ‘‘shall,’’ ‘‘must,’’ ‘‘required,’’ or shall conduct and publish an document’’ means a guidance document ‘‘requirement,’’ unless the language is assessment of the potential costs and that may reasonably be anticipated to: benefits of the regulatory action (which (1) Lead to an annual effect on the describing an established statutory or regulatory requirement or is addressed may entail a regulatory impact analysis) economy of $100 million or more or of the sort that would accompany a adversely affect in a material way the to USDA employees or contractors and does not foreclose the Department’s significant rulemaking, to the extent U.S. economy, a sector of the U.S. reasonably possible. economy, productivity, competition, consideration of positions advanced by jobs, the environment, public health or non-Federal entities. § 1.904 Procedures for guidance safety, or State, local, or tribal (d) The guidance document is written documents identified as ‘‘significant’’ or governments or communities; in plain and understandable English; ‘‘otherwise of importance to the (2) Create a serious inconsistency or (e) All guidance documents include a Department’s interests.’’ otherwise interfere with an action taken clear and prominent statement declaring (a) For guidance documents proposed or planned by another agency; that the contents of the document do not to be issued by an agency, if there is a (3) Materially alter the budgetary have the force and effect of law and are reasonable possibility the guidance impact of entitlements, grants, user fees, not meant to bind the public in any document may be considered or loan programs or the rights and way, and the document is intended only ‘‘significant’’ or ‘‘otherwise of obligations of recipients thereof; or to provide clarity to the public regarding importance to the Department’s (4) Raise novel legal or policy issues existing requirements under the law or interests,’’ or if the agency is uncertain arising out of legal mandates, the agency policies. whether the guidance document may

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qualify as such, the agency shall email manner as for rulemakings. Prior to in a timely manner, but no later than 90 a copy of the proposed guidance publishing a guidance document, and days after receipt of the request. document (or a summary of it) to the with sufficient time to allow OIRA to Office of Budget and Program Analysis review the document in the event that § 1.908 Rescinded guidance. (OBPA) for review and further direction it is designated ‘‘significant,’’ USDA No USDA agency may cite, use, or before issuance. Each proposed shall provide OIRA with an opportunity rely on guidance documents that are guidance document determined to be to review the designation request or the rescinded, except to establish historical significant or otherwise of importance to guidance document, if requested, to facts. the Department’s interests must be determine if it meets the definition of § 1.909 Exigent circumstances. approved by the Mission Area Under ‘‘significant’’ under Executive Order In emergency situations or when the Secretary before issuance. In such 13891. issuing agency is required by statutory instances, OBPA shall obtain a Z–RIN § 1.906 Notice-and-comment procedures. deadline or court order to issue and coordinate submission of the guidance documents more quickly than proposed guidance document to (a) Except as provided in paragraph this subpart’s review procedures allow, departmental reviewers as deemed (b) of this section, a proposed USDA the issuing agency shall coordinate with necessary. For purposes of this rule, guidance document determined to be a OBPA to notify OIRA as soon as even if not ‘‘significant,’’ a guidance ‘‘significant guidance document’’ shall possible and, to the extent practicable, document shall be considered be subject to the following informal shall comply with the requirements of ‘‘otherwise of importance to the notice-and-comment procedures. The this subpart at the earliest opportunity. Department’s interests’’ if it may issuing agency shall publish a notice in Wherever practicable, the issuing reasonably be anticipated to: the Federal Register announcing that a agency shall schedule its proceedings to (1) Relate to a major program, policy, draft of the proposed guidance permit sufficient time to comply with or activity of the Department or a high- document is publicly available, shall the procedures set forth in this subpart. profile issue pending for decision before post the draft guidance document on its the Department; website, shall invite public comment on § 1.910 Reports to Congress and GAO. (2) Involve one of the Secretary’s top the draft document for a minimum of 30 Unless otherwise determined in policy priorities; days, make the public comments writing, it is the policy of USDA that (3) Garner significant press or available for public review on its upon issuing a guidance document congressional attention; or website, and shall prepare and post a determined to be ‘‘significant,’’ the (4) Raise significant questions or public response to major concerns issuing agency shall submit a report to concerns from constituencies of raised in the comments, as appropriate, Congress and the Government importance to the Department, such as on its website, either before or when the Accountability Office in accordance Committees of Congress, States or guidance document is finalized and with the procedures described in 5 Indian tribes, the White House or other issued. U.S.C. 801 (the Congressional Review departments of the Executive Branch, (b) The requirements of paragraph (a) Act). courts, consumer or public interest of this section will not apply to any groups, or leading representatives of § 1.911 No judicial review or enforceable significant guidance document or rights. industry. categories of significant guidance (b) USDA shall submit significant This subpart is intended to improve documents for which OBPA finds, in the internal management of USDA. As guidance documents to OMB for consultation with OIRA, the proposing coordinated review. In addition, USDA such, it is for the use of USDA agency, and the Office of the Secretary, personnel only and is not intended to, may determine that it is appropriate to good cause that notice and public coordinate with OMB in the review of and does not, create any right or benefit, comment thereon are impracticable, substantive or procedural, enforceable at guidance documents that are otherwise unnecessary, or contrary to the public of importance to the Department’s law or in equity by any party against the interest (and incorporates the finding of United States, its agencies or other interests. good cause and a brief statement of (c) If the guidance document is entities, its officers or employees, or any reasons therefor in the guidance determined by the proposing agency or other person. document issued). OBPA to be not significant, the Stephen L. Censky, proposing agency shall issue the (c) Where appropriate, the proposing agency may recommend to OBPA that a Deputy Secretary, U.S. Department of guidance document through its standard Agriculture. process. particular guidance document that is otherwise of importance to the [FR Doc. 2020–09886 Filed 6–2–20; 8:45 am] § 1.905 Designation procedures. Department’s interests shall also be BILLING CODE 3410–90–P (a) To obtain a designation from subject to the informal notice-and- OIRA, USDA agencies shall prepare and comment procedures described in submit to OBPA a designation request paragraph (a) of this section. NUCLEAR REGULATORY for guidance documents. Designation COMMISSION § 1.907 Petitions for guidance. requests must include the following information: Any person may petition a USDA 10 CFR Part 50 (1) A summary of the guidance agency to withdraw or modify a [NRC–2016–0082] document; and particular guidance document. Petitions (2) The agency’s recommended may be submitted by postal mail to: RIN 3150–AJ74 designation of ‘‘not significant,’’ or Guidance Officer, Office of Budget and American Society of Mechanical ‘‘significant,’’ as well as a justification Program Analysis, USDA, 1400 Engineers 2015–2017 Code Editions for that designation. Independence Avenue SW, Washington, Incorporation by Reference; Correction (b) OBPA shall seek a significance DC 20250–1400. Email petitions may be determination from OIRA for guidance sent to [email protected]. AGENCY: Nuclear Regulatory documents, as appropriate, in the same The agency shall respond to all requests Commission.

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ACTION: Final rule; correction. § 50.55a [Corrected] • Fax: 202–493–2251. • ■ 1. On page 26576, in the first column, Mail: U.S. Department of SUMMARY: The U.S. Nuclear Regulatory instruction 2.j. is corrected to read Transportation, Docket Operations, M– Commission (NRC) is correcting a rule ‘‘Revise paragraphs (a)(1)(iv)(C)(1) 30, West Building Ground Floor, Room that was published in the Federal through (3);’’; W12–140, 1200 New Jersey Avenue SE, Register on May 4, 2020, regarding its ■ 2. On page 26580, in the first column, Washington, DC 20590. • regulations to incorporate by reference in paragraph (g)(6)(ii)(D)(3) the phrase Hand Delivery: U.S. Department of the 2015 and 2017 Editions of the ‘‘ASME BPV Code Case N–729–4’’ is Transportation, Docket Operations, M– American Society of Mechanical corrected to read ‘‘ASME BPV Code 30, West Building Ground Floor, Room Engineers Boiler and Pressure Vessel Case N–729–6’’. W12–140, 1200 New Jersey Avenue SE, Code and the 2015 and 2017 Editions of Washington, DC 20590, between 9 a.m. Dated May 13, 2020. the American Society of Mechanical and 5 p.m., Monday through Friday, Engineers Operation and Maintenance For the Nuclear Regulatory Commission. except Federal holidays. of Nuclear Power Plants, Division 1: OM Cindy K. Bladey, For service information identified in Code: Section IST, for nuclear power Chief, Regulatory Analysis and Rulemaking this final rule, contact Rolls-Royce plants. This action is necessary to Support Branch, Division of Rulemaking, Deutschland Ltd & Co KG, Eschenweg correct a code case reference and an Environmental, and Financial Support, Office 11, 15827 Blankenfelde-Mahlow, of Nuclear Material Safety and Safeguards. amendatory instruction. Germany; phone: +49 (0) 33 708 6 0; [FR Doc. 2020–10716 Filed 6–2–20; 8:45 am] email: https://www.rolls-royce.com/ DATES: Effective June 3, 2020. BILLING CODE 7590–01–P contact-us.aspx. You may view this ADDRESSES: Please refer to Docket ID service information at the FAA, NRC–2016–0082 when contacting the Airworthiness Products Section, NRC about the availability of DEPARTMENT OF TRANSPORTATION Operational Safety Branch, 1200 District information for this action. You may Avenue, Burlington, MA 01803. For Federal Aviation Administration obtain publicly-available information information on the availability of this related to this action by any of the material at the FAA, call 781–238–7759. 14 CFR Part 39 following methods: It is also available on the internet at https://www.regulations.gov by • Federal Rulemaking Website: Go to [Docket No. FAA–2020–0547; Project searching for and locating Docket No. https://www.regulations.gov and search Identifier MCAI–2020–00270–E; Amendment 39–21138; AD 2020–12–03] FAA–2020–0547. for Docket ID NRC–2016–0082. Address questions about NRC dockets to Carol RIN 2120–AA64 Examining the AD Docket Gallagher; telephone: 301–415–3463; Airworthiness Directives; Rolls-Royce You may examine the AD docket on email: [email protected]. the internet at https:// • Deutschland Ltd & Co KG (Type NRC’s Agencywide Documents Certificate Previously Held by Rolls- www.regulations.gov by searching for Access and Management System Royce plc) Turbofan Engines and locating Docket No. FAA–2020– (ADAMS): You may obtain publicly- 0547; or in person at Docket Operations available documents online in the AGENCY: Federal Aviation between 9 a.m. and 5 p.m., Monday ADAMS Public Documents collection at Administration (FAA), DOT. through Friday, except Federal holidays. https://www.nrc.gov/reading-rm/ ACTION: Final rule; request for The AD docket contains this final rule, adams.html. To begin the search, select comments. the mandatory continuing airworthiness ‘‘Begin Web-based ADAMS Search.’’ For information (MCAI), any comments problems with ADAMS, please contact SUMMARY: The FAA is adopting a new received, and other information. The the NRC’s Public Document Room (PDR) airworthiness directive (AD) for all street address for Docket Operations is reference staff at 1–800–397–4209, 301– Rolls-Royce Deutschland Ltd & Co KG listed above. Comments will be 415–4737, or by email to pdr.resource@ Trent XWB–97 model turbofan engines. available in the AD docket shortly after nrc.gov. This AD requires updating electronic receipt. • Attention: The Public Document engine control (EEC) software. This AD FOR FURTHER INFORMATION CONTACT: Room (PDR), where you may examine was prompted by the manufacturer’s Stephen Elwin, Aerospace Engineer, and order copies of public documents is finding that a P30 (air pressure) sense ECO Branch, FAA, 1200 District currently closed. You may submit your line could become partially blocked Avenue, Burlington, MA 01803; phone: request to the PDR via email at with a mixture of ice and water, which 781–238–7236; fax: 781–238–7199; [email protected] or call 1–800– would cause a time-lag in the P30 email: [email protected]. signal, interfering with the fuel flow 397–4209 between 8:00 a.m. and 4:00 SUPPLEMENTARY INFORMATION: p.m. (EST), Monday through Friday, limit calculations. The FAA is issuing except Federal holidays. this AD to address the unsafe condition Discussion on these products. The European Union Aviation Safety FOR FURTHER INFORMATION CONTACT: Jill DATES: This AD is effective June 18, Agency (EASA), which is the Technical Shepherd, Office of Nuclear Material 2020. Agent for the Member States of the Safety and Safeguards, U.S. Nuclear The FAA must receive comments on European Community, has issued EASA Regulatory Commission, Washington, this AD by July 20, 2020. AD 2020–0035, dated February 26, 2020 DC 20555–0001; telephone: 301–415– ADDRESSES: You may send comments, (referred to after this as ‘‘the MCAI’’), to 1230; email: [email protected]. using the procedures found in 14 CFR address an unsafe condition for the SUPPLEMENTARY INFORMATION: In FR Doc. 11.43 and 11.45, by any of the following specified products. The MCAI states: 2020–08855 appearing on page 26576 in methods: • During ground tests, it was found that a the Federal Register of Monday, May 4, Federal eRulemaking Portal: Go to P30 (air pressure) sense line could become 2020, the following corrections are https://www.regulations.gov. Follow the partially blocked with a mixture of ice and made: instructions for submitting comments. water, which would cause a time-lag in the

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P30 signal, interfering with the fuel flow for rules when the agency, for ‘‘good personal information you provide. The limit calculations. cause,’’ finds that those procedures are FAA will also post a report This condition, if not corrected, could lead ‘‘impracticable, unnecessary, or contrary summarizing each substantive verbal to loss of thrust control, possibly resulting in to the public interest.’’ Under this contact received about this final rule. reduced control of the aeroplane. section, an agency, upon finding good To address these potential unsafe Confidential Business Information conditions, Rolls-Royce defined a new EEC cause, may issue a final rule without SW, XWB_97–7.0, P/N RRY23XWB0001024, seeking comment prior to the Confidential Business Information which corrects these issues. rulemaking. Similarly, Section 553(d) of (CBI) is commercial or financial For the reasons described above, this the APA authorizes agencies to make information that is both customarily and [EASA] AD requires updating the EEC SW. rules effective in less than 30 days, actually treated as private by its owner. This [EASA] AD also prohibits installation of upon a finding of good cause. Under the Freedom of Information Act affected SW on any engine. The FAA has found the risk to the (FOIA) (5 U.S.C. 552), CBI is exempt You may obtain further information flying public justifies waiving notice from public disclosure. If your by examining the MCAI in the AD and comment prior to adoption of this comments responsive to this final rule docket on the internet at https:// rule because no domestic operators use contain commercial or financial www.regulations.gov by searching for this product. It is unlikely that the FAA information that is customarily treated and locating Docket No. FAA–2020– will receive any adverse comments or as private, that you actually treat as 0547. useful information about this AD from private, and that is relevant or U.S. operators. Therefore, the FAA finds responsive to this final rule, it is Related Service Information good cause that notice and opportunity important that you clearly designate the The FAA reviewed Rolls-Royce plc for prior public comment are submitted comments as CBI. Please Alert Service Bulletin (ASB) Trent XWB unnecessary. In addition, for this same mark each page of your submission 73–AK304, dated November 8, 2019. reason, the FAA finds that good cause containing CBI as ‘‘PROPIN.’’ The FAA The ASB describes procedures for exists for making this amendment will treat such marked submissions as updating the EEC software. effective in less than 30 days. confidential under the FOIA, and they FAA’s Determination Comments Invited will not be placed in the public docket This AD is a final rule that involves of this NPRM. Submissions containing This product has been approved by CBI should be sent to Stephen Elwin, EASA and is approved for operation in requirements affecting flight safety and was not preceded by notice and an Aerospace Engineer, ECO Branch, FAA, the United States. Pursuant to our 1200 District Avenue, Burlington, MA bilateral agreement with the European opportunity for public comment. However, the FAA invites you to send 01803. Any commentary that the FAA Community, EASA has notified us of receives which is not specifically the unsafe condition described in the any written data, views, or arguments about this final rule. Send your designated as CBI will be placed in the MCAI. The FAA is issuing this AD public docket for this rulemaking. because it evaluated all the relevant comments to an address listed under the information provided by EASA and ADDRESSES section. Include the docket Regulatory Flexibility Act number FAA–2020–0547 and Project determined the unsafe condition The requirements of the Regulatory described previously is likely to exist or Identifier MCAI–2020–00270–E at the beginning of your comments. The FAA Flexibility Act (RFA) do not apply when develop in other products of the same an agency finds good cause pursuant to type design. specifically invites comments on the overall regulatory, economic, 5 U.S.C. 553 to adopt a rule without AD Requirements environmental, and energy aspects of prior notice and comment. Because the This AD requires updating the EEC this final rule. The FAA will consider FAA has determined that it has good software with EEC software that is all comments received by the closing cause to adopt this rule without notice eligible for installation within 365 days date and may amend this final rule and comment, RFA analysis is not after the effective date of this AD. because of those comments. required. Except for Confidential Business Costs of Compliance Justification for Immediate Adoption Information (CBI) as described in the and Determination of the Effective Date following paragraph, and other The FAA estimates that this AD Section 553(b)(3)(B) of the information as described in 14 CFR affects 0 engines installed on airplanes Administrative Procedure Act (APA) (5 11.35, the FAA will post all comments of U.S. registry. U.S.C.) authorizes agencies to dispense received, without change, to https:// The FAA estimates the following with notice and comment procedures www.regulations.gov, including any costs to comply with this AD:

ESTIMATED COSTS

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

Install EEC software ...... 1 work-hour × $85 per hour = $85 ...... $0 $85 $0

Authority for This Rulemaking Aviation Programs,’’ describes in more that section, Congress charges the FAA detail the scope of the Agency’s with promoting safe flight of civil Title 49 of the United States Code authority. aircraft in air commerce by prescribing specifies the FAA’s authority to issue The FAA is issuing this rulemaking regulations for practices, methods, and rules on aviation safety. Subtitle I, under the authority described in procedures the Administrator finds section 106, describes the authority of Subtitle VII, Part A, Subpart III, Section necessary for safety in air commerce. the FAA Administrator. ‘‘Subtitle VII: 44701: ‘‘General requirements.’’ Under This regulation is within the scope of

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that authority because it addresses an blocked with a mixture of ice and water, DEPARTMENT OF TRANSPORTATION unsafe condition that is likely to exist or which would cause a time-lag in the P30 develop on products identified in this signal, interfering with the fuel flow limit Federal Aviation Administration rulemaking action. calculations. The FAA is issuing this AD to prevent interference with the fuel flow limit 14 CFR Part 39 Regulatory Findings calculations within the engine control [Docket No. FAA–2020–0461; Product system. The unsafe condition, if not This AD will not have federalism Identifier 2020–NM–065–AD; Amendment addressed, could result in loss of thrust implications under Executive Order 39–19915; AD 2020–11–11] 13132. This AD will not have a control and reduced control of the airplane. RIN 2120–AA64 substantial direct effect on the States, on (f) Compliance the relationship between the national Airworthiness Directives; The Boeing Government and the States, or on the Comply with this AD within the compliance times specified, unless already Company Airplanes distribution of power and done. responsibilities among the various AGENCY: Federal Aviation levels of government. (g) Required Actions Administration (FAA), DOT. For the reasons discussed above, I Within 365 days after the effective date of ACTION: Final rule; request for certify this AD: this AD, update the electronic engine control comments. (1) Is not a ‘‘significant regulatory (EEC) software with EEC software that is action’’ under Executive Order 12866, eligible for installation. SUMMARY: The FAA is adopting a new and airworthiness directive (AD) for certain (h) Definition (2) Will not affect intrastate aviation The Boeing Company Model 777 in Alaska. For the purpose of this AD, EEC software airplanes. This AD requires a repetitive eligible for installation is EEC software XWB_ List of Subjects in 14 CFR Part 39 check of the fuel quantity indicating 97–7.0, part number RRY23XWB0001024, or system (FQIS) fuel quantity calculation Air transportation, Aircraft, Aviation later. for the center wing tank (CWT) fuel safety, Incorporation by reference, (i) Alternative Methods of Compliance quantity, developing a process to Safety. (AMOCs) provide documentation to the flight Adoption of the Amendment (1) The Manager, ECO Branch, FAA, has crew that this check was done, and Accordingly, under the authority the authority to approve AMOCs for this AD, revising the existing airplane flight delegated to me by the Administrator, if requested using the procedures found in 14 manual (AFM) to incorporate the FAA amends 14 CFR part 39 as CFR 39.19. In accordance with 14 CFR 39.19, verification procedures and flight crew follows: send your request to your principal inspector awareness. This AD was prompted by or local Flight Standards District Office, as reports of discrepancies between the PART 39—AIRWORTHINESS appropriate. If sending information directly FQIS fuel quantity and the refueling DIRECTIVES to the manager of the certification office, truck uploaded fuel amount, followed send it to the attention of the person by certain engine-indicating and crew- ■ 1. The authority citation for part 39 identified in paragraph (j)(1) of this AD. You alerting system (EICAS) messages. The continues to read as follows: may email your request to: ANE-AD-AMOC@ FAA is issuing this AD to address the faa.gov. Authority: 49 U.S.C. 106(g), 40113, 44701. unsafe condition on these products. (2) Before using any approved AMOC, DATES: This AD is effective June 18, notify your appropriate principal inspector, § 39.13 [Amended] 2020. or lacking a principal inspector, the manager The FAA must receive comments on ■ 2. The FAA amends § 39.13 by adding of the local flight standards district office/ certificate holding district office. this AD by July 20, 2020. the following new airworthiness ADDRESSES: You may send comments, directive (AD): (j) Related Information using the procedures found in 14 CFR 2020–12–03 Rolls-Royce Deutschland Ltd & (1) For more information about this AD, 11.43 and 11.45, by any of the following Co KG (Type Certificate previously held contact Stephen Elwin, Aerospace Engineer, methods: by Rolls-Royce plc): Amendment 39– ECO Branch, FAA, 1200 District Avenue, • Federal eRulemaking Portal: Go to 21138; Docket No. FAA–2020–0547; Burlington, MA 01803; phone: 781–238– https://www.regulations.gov. Follow the Project Identifier MCAI–2020–00270–E. 7236; fax: 781–238–7199; email: instructions for submitting comments. (a) Effective Date [email protected]. • Fax: 202–493–2251. (2) Refer to European Union Aviation This AD is effective June 18, 2020. • Mail: U.S. Department of Safety Agency (EASA) AD 2020–0035, dated Transportation, Docket Operations, M– (b) Affected ADs February 26, 2020, for more information. You 30, West Building Ground Floor, Room None. may examine the EASA AD in the AD docket W12–140, 1200 New Jersey Avenue SE, on the internet at https:// Washington, DC 20590. (c) Applicability www.regulations.gov by searching for and • Hand Delivery: Deliver to Mail This AD applies to all Rolls-Royce locating it in Docket No. FAA–2020–0547. Deutschland Ltd. & Co KG (Type Certificate address above between 9 a.m. and 5 previously held by Rolls-Royce plc) Trent (k) Material Incorporated by Reference p.m., Monday through Friday, except XWB–97 model turbofan engines. None. Federal holidays. (d) Subject Issued on May 29, 2020. Examining the AD Docket Joint Aircraft System Component (JASC) Gaetano A. Sciortino, You may examine the AD docket on Code 7200, Engine (Turbine/Turboprop). Deputy Director for Strategic Initiatives, the internet at https:// (e) Unsafe Condition Compliance & Airworthiness Division, www.regulations.gov by searching for Aircraft Certification Service. This AD was prompted by the and locating Docket No. FAA–2020– manufacturer’s finding that a P30 (air [FR Doc. 2020–11983 Filed 6–2–20; 8:45 am] 0461; or in person at Docket Operations pressure) sense line could become partially BILLING CODE 4910–13–P between 9 a.m. and 5 p.m., Monday

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through Friday, except Federal holidays. calculation and is prone to significant unsafe condition and due to additional The AD docket contains this final rule, inaccuracies. The existing airplane time needed for Boeing to develop the the regulatory evaluation, any maintenance manual and operator modification, the FAA has determined comments received, and other fueling procedures require verification that interim action is necessary. Once information. The street address for that the correct fuel amount required for the modification is developed, Docket Operations is listed above. the current mission has been loaded approved, and available, the FAA might Comments will be available in the AD onto the airplane. The FAA has received consider additional rulemaking. reports that verification tasks are either docket shortly after receipt. FAA’s Justification and Determination not accomplished or done incorrectly. FOR FURTHER INFORMATION CONTACT: of the Effective Date Kevin Nguyen, Aerospace Engineer, As a result, the flight crew may be An unsafe condition exists that Propulsion Section, FAA, Seattle ACO unaware of insufficient fuel loaded in requires the immediate adoption of this Branch, 2200 South 216th St., Des the CWT and the airplane is dispatched AD without providing an opportunity Moines, WA 98198; phone and fax: 206– for the mission. The airplane onboard for public comments prior to adoption. 231–3555; email: [email protected]. fuel management system typically reports fuel quantity anomalies within The FAA has found that the risk to the SUPPLEMENTARY INFORMATION: the first three hours of flight resulting in flying public justifies waiving notice Discussion a FUEL DISAGREE EICAS message and/ and comment prior to adoption of this rule because discrepancies in the CWT The FAA has received reports or an INSUFFICIENT FUEL EICAS message that necessitates fuel check FQIS fuel quantity and the refueling involving discrepancies between the truck uploaded fuel amount could result airplane FQIS, specifically the CWT fuel (e.g., leak check) and fuel quantity monitoring. These messages may require in an airplane dispatched with quantity, and the refueling truck insufficient fuel loaded in the CWT and uploaded fuel amount, followed by a the flight crew to take action, such as performing an air turn back or a with the flight crew unaware of the FUEL DISAGREE EICAS message at an insufficient fuel prior to departure. This early stage of flight (e.g., within 3 hours diversion. Discrepancies in the CWT FQIS fuel condition, coupled with continued after take off), and/or with an flight to the destination airport after INSUFFICIENT FUEL EICAS message. quantity and the refueling truck uploaded fuel amount could result in an receiving the EICAS messages while en There have been at least 25 in-service route to the destination, could result in events reported by operators. In at least airplane dispatched with insufficient fuel loaded in the CWT and with the fuel exhaustion and subsequent power 16 of these events, the airplanes loss of all engines. Thereby, resulting in continued with the mission; of those, 6 flight crew unaware of the insufficient fuel prior to departure. This condition, the inability to land at the destination landed at the destination airport, and 10 airport or at a diversion airport, possibly had to land at a diversion airport. coupled with continued flight to the destination airport after receiving the leading to uncontrolled flight into Insufficient fuel in the CWT as a result terrain. Additionally, the compliance of this discrepancy is due to a design EICAS messages while en route to the destination, could result in fuel time for the required action is shorter flaw in the FQIS in which the FQIS than the time necessary for the public to calibrates incorrect velocity of sound in exhaustion and subsequent power loss of all engines. Thereby, resulting in the comment and for publication of the final the jet fuel during center tank fueling, rule. Therefore, the FAA finds good which leads to an improper fuel density inability to land at the destination airport or at a diversion airport, possibly cause that notice and opportunity for calculation, and results in the FQIS prior public comment are impracticable. showing a different fuel amount from leading to uncontrolled flight into terrain. In addition, for the reasons stated above, the actual fuel quantity in the CWT. In the FAA finds that good cause exists for almost all of the events, the FQIS FAA’s Determination making this amendment effective in less showed more fuel than the actual fuel The FAA is issuing this AD because than 30 days. quantity in the CWT, resulting in less the agency evaluated all the relevant Comments Invited fuel on the airplane than the required information and determined the unsafe fuel load for the mission. Alternatively, condition described previously is likely This AD is a final rule that involves the FQIS could show less fuel than the to exist or develop in other products of requirements affecting flight safety and actual fuel quantity in the CWT, the same type design. was not preceded by notice and an resulting in more fuel on the airplane opportunity for public comment. than the required fuel load for the AD Requirements However, the FAA invites you to send mission. This issue affects only the This AD requires a repetitive check of any written data, views, or arguments CWT and not the main tanks. the FQIS fuel quantity calculation and about this final rule. Send your There are practical difficulties in display of the CWT fuel quantity comments to an address listed under the comparing the fuel quantity uploaded through a new procedure, Refueling ADDRESSES section. Include the docket by the refueling truck or hydrant. The Station Door Cycling Procedure, number FAA–2020–0461 and Product fueling system relies on the airplane developing a process to provide Identifier 2020–NM–065–AD at the FQIS to report the mass (kilograms or documentation to the flight crew that beginning of your comments. The FAA pounds) of fuel onboard and stops the this check was done, and revising the specifically invites comments on the fueling process when the requested fuel existing AFM to incorporate verification overall regulatory, economic, for the next flight is onboard. The procedures for flight crew awareness. environmental, and energy aspects of refueling trucks then report the volume this final rule. The FAA will consider (liters or gallons) of fuel that was Interim Action all comments received by the closing uploaded because fuel is paid for by a The FAA considers this AD interim date and may amend this final rule volume measurement. Comparing the action. The FAA has been coordinating because of those comments. fuel volume upload with the final fuel with Boeing in the development of a The FAA will post all comments load mass, which also accounts for the modification that will address the received, without change, to https:// remaining fuel in the tanks from unsafe condition identified in this AD. www.regulations.gov, including any previous flight, is not an easy However, due to the urgency of the personal information you provide. The

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FAA will also post a report pursuant to 5 U.S.C. 553 to adopt a rule Costs of Compliance summarizing each substantive verbal without prior notice and comment. contact received about this final rule. Because the FAA has determined that it The FAA estimates that this AD affects 255 airplanes of U.S. registry. Regulatory Flexibility Act (RFA) has good cause to adopt this rule without notice and comment, RFA The FAA estimates the following costs The requirements of the RFA do not analysis is not required. to comply with this AD: apply when an agency finds good cause

ESTIMATED COSTS

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

Refueling Station Door Cycling Proce- 1 work-hour × $85 per hour = $85 per $0 $85 per check ...... $21,675 per check. dure. check. AFM revision ...... 1 work-hour × $85 per hour = $85 ...... 0 $85 ...... $21,675.

Authority for This Rulemaking the FAA amends 14 CFR part 39 as (f) Compliance Title 49 of the United States Code follows: Comply with this AD within the specifies the FAA’s authority to issue compliance times specified, unless already PART 39—AIRWORTHINESS done. rules on aviation safety. Subtitle I, DIRECTIVES section 106, describes the authority of (g) CWT Fuel Quantity Check—‘‘Refueling the FAA Administrator. ‘‘Subtitle VII: ■ 1. The authority citation for part 39 Station Door Cycling Procedure’’ Aviation Programs’’ describes in more continues to read as follows: Within 30 days after the effective date of this AD: Check the fuel quantity of the CWT detail the scope of the Agency’s Authority: 49 U.S.C. 106(g), 40113, 44701. authority. by doing the ‘‘Refueling Station Door Cycling The FAA is issuing this rulemaking § 39.13 [Amended] Procedure’’ as specified in paragraphs (g)(1) through (6) of this AD. Thereafter, check the under the authority described in ■ 2. The FAA amends § 39.13 by adding fuel quantity of the CWT as specified in Subtitle VII, Part A, Subpart III, Section the following new airworthiness paragraphs (g)(1) through (6) of this AD 44701: ‘‘General requirements.’’ Under directive (AD): before further flight after any center tank that section, Congress charges the FAA fueling (adding or removing fuel). with promoting safe flight of civil 2020–11–11 The Boeing Company: (1) Get access to the refueling station door Amendment 39–19915; Docket No. aircraft in air commerce by prescribing and integrated refuel panel on the left wing. FAA–2020–0461; Product Identifier (2) Close and latch the refueling station regulations for practices, methods, and 2020–NM–065–AD. procedures the Administrator finds door on the left wing for a minimum of five (a) Effective Date (5) seconds. If installed, make sure the right necessary for safety in air commerce. wing refueling station door is closed. This AD is effective June 18, 2020. This regulation is within the scope of (3) Re-open the refueling station door and that authority because it addresses an (b) Affected ADs wait for the fuel quantity display to reset. unsafe condition that is likely to exist or None. (4) Make sure that the center or total fuel develop on products identified in this tank quantities still remain within fuel load rulemaking action. (c) Applicability sheet requirements. If the fuel quantity is This AD applies to The Boeing Company incorrect then accomplish actions specified Regulatory Findings Model 777–200, –200LR, –300, –300ER, and in paragraphs (g)(4)(i) and (ii) of this AD. This AD will not have federalism 777F series airplanes, certificated in any (i) Adjust fuel loading as applicable for fuel implications under Executive Order category, equipped with a Center Wing Tank upload parameters. Refer to operator’s refuel procedures for adjusting the fuel load. 13132. This AD will not have a (CWT) having a capacity of 26,100 U.S. gallons or greater. (ii) Repeat the ‘‘Refueling Station Door substantial direct effect on the States, on Cycling Procedure,’’ starting at paragraph the relationship between the national (d) Subject (g)(2) of this AD. government and the States, or on the Air Transport Association (ATA) of (5) Close the refueling station door. distribution of power and America Code 28, Fuel. (6) Notify the operator after the ‘‘Refueling responsibilities among the various Station Door Cycling Procedure’’ has been (e) Unsafe Condition levels of government. done, and correct fuel load verified. For the reasons discussed above, I The FAA is issuing this AD to address discrepancies in the CWT fuel quantity (h) Process To Provide Documentation to the certify that this AD: indicating system (FQIS) fuel quantity and Flight Crew (1) Is not a ‘‘significant regulatory the refueling truck uploaded fuel amount, Within 30 days after the effective date of action’’ under Executive Order 12866, which could result in an airplane dispatched this AD, submit a process to the FAA (Flight and with insufficient fuel loaded in the CWT and Standards) for approval that describes at the (2) Will not affect intrastate aviation with the flight crew unaware of the end of the fueling process and before each in Alaska. insufficient fuel prior to departure. This flight how documentation is provided to the condition, coupled with continued flight to flight crew that the CWT fuel quantity check List of Subjects in 14 CFR Part 39 the destination airport after receiving engine- using the ‘‘Refueling Station Door Cycling Air transportation, Aircraft, Aviation indicating and crew-alerting system (EICAS) Procedure’’ specified in paragraph (g) of this safety, Incorporation by reference, messages while en route to the destination, AD was done. could result in fuel exhaustion and Safety. subsequent power loss of all engines. (i) Airplane Flight Manual (AFM) Revision Requiring Flight Crew Verification Adoption of the Amendment Thereby, resulting in the inability to land at the destination airport or at a diversion (1) Within 30 days after the effective date Accordingly, under the authority airport, possibly leading to uncontrolled of this AD: Revise the ‘‘Certificate delegated to me by the Administrator, flight into terrain. Limitations: Fuel Quantity Indication System

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(FQIS)’’ section of the operator’s existing specified in figure 1 to paragraph (i)(1) of this AFM by incorporating the information AD.

(2) Within 30 days after the effective date Refueling Station Door Cycling Procedure’’ incorporating the information specified in of this AD: Revise the ‘‘Normal Procedures: section of the operator’s existing AFM by figure 2 to paragraph (i)(2) of this AD. Fuel Quantity Indication System (FQIS)— BILLING CODE 4910–13–P

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(j) Alternative Methods of Compliance (3) An AMOC that provides an acceptable (l) Material Incorporated by Reference (AMOCs) level of safety may be used for any repair, None. (1) The Manager, Seattle ACO Branch, modification, or alteration required by this Issued on May 28, 2020. FAA, has the authority to approve AMOCs AD if it is approved by The Boeing Company for this AD, if requested using the procedures Organization Designation Authorization Lance T. Gant, (ODA) that has been authorized by the found in 14 CFR 39.19. In accordance with Director, Compliance & Airworthiness Manager, Seattle ACO Branch, FAA, to make 14 CFR 39.19, send your request to your Division, Aircraft Certification Service. those findings. To be approved, the repair principal inspector or local Flight Standards [FR Doc. 2020–11993 Filed 5–29–20; 4:15 pm] method, modification deviation, or alteration District Office, as appropriate. If sending deviation must meet the certification basis of BILLING CODE 4910–13–C information directly to the manager of the the airplane, and the approval must certification office, send it to the attention of specifically refer to this AD. the person identified in paragraph (k) of this AD. Information may be emailed to: 9-ANM- (k) Related Information [email protected]. For more information about this AD, (2) Before using any approved AMOC, contact Kevin Nguyen, Aerospace Engineer, notify your appropriate principal inspector, Propulsion Section, FAA, Seattle ACO or lacking a principal inspector, the manager Branch, 2200 South 216th St., Des Moines, of the local flight standards district office/ WA 98198; phone and fax: 206–231–3555; certificate holding district office. email: [email protected].

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DEPARTMENT OF THE TREASURY pursuant to section 1111(d) of the soils, physical features, and elevation, Homeland Security Act of 2002, that make the proposed AVA distinctive Alcohol and Tobacco Tax and Trade codified at 6 U.S.C. 531(d). The and distinguish it from adjacent areas Bureau Secretary has delegated various outside the proposed AVA boundary; authorities through Treasury Order 120– • The appropriate United States 27 CFR Part 9 01, dated December 10, 2013 Geological Survey (USGS) map(s) (superseding Treasury Order 120–01, showing the location of the proposed [Docket No. TTB–2019–0003; T.D. TTB–160; AVA, with the boundary of the Ref: Notice No. 181] dated January 24, 2003), to the TTB Administrator to perform the functions proposed AVA clearly drawn thereon; RIN 1513–AC52 and duties in the administration and • An explanation showing the enforcement of these laws. proposed AVA is sufficiently distinct Establishment of the Tualatin Hills and Part 4 of the TTB regulations (27 CFR from an existing AVA so as to warrant Laurelwood District Viticultural Areas part 4) authorizes TTB to establish separate recognition, if the proposed definitive viticultural areas and regulate AVA is to be established within, or AGENCY: Alcohol and Tobacco Tax and overlapping, an existing AVA; and Trade Bureau, Treasury. the use of their names as appellations of origin on wine labels and in wine • A detailed narrative description of ACTION: Final rule; Treasury decision. advertisements. Part 9 of the TTB the proposed AVA boundary based on USGS map markings. SUMMARY: The Alcohol and Tobacco Tax regulations (27 CFR part 9) sets forth and Trade Bureau (TTB) establishes the standards for the preparation and Tualatin Hills Petition approximately 144,000-acre ‘‘Tualatin submission to TTB of petitions for the establishment or modification of TTB received a petition from Rudolf Hills’’ viticultural area in portions of Marchesi, president of Montinore Estate, Multnomah and Washington Counties, American viticultural areas (AVAs) and lists the approved AVAs. Alfredo Apolloni, owner and Oregon, and the approximately 33,600- winemaker of Apolloni Vineyards, and acre ‘‘Laurelwood District’’ viticultural Definition Mike Kuenz, general manager of David area in portions of Washington and Section 4.25(e)(1)(i) of the TTB Hill Vineyard and Winery, on behalf of Yamhill Counties, Oregon. TTB is regulations (27 CFR 4.25(e)(1)(i)) defines themselves and other local grape establishing both viticultural areas in a viticultural area for American wine as growers and vintners, proposing the the same document because a small a delimited grape-growing region having establishment of the ‘‘Tualatin Hills’’ portion of their boundaries is distinguishing features, as described in AVA in portions of Multnomah and contiguous. The two viticultural areas part 9 of the regulations, and a name Washington Counties. lie entirely within the established and a delineated boundary, as The proposed Tualatin Hills AVA is Willamette Valley viticultural area. The established in part 9 of the regulations. located in Oregon, lies entirely within Laurelwood District viticultural area is These designations allow vintners and the established Willamette Valley AVA also entirely within the established consumers to attribute a given quality, (27 CFR 9.90), and covers approximately Chehalem Mountains viticultural area. reputation, or other characteristic of a 144,000 acres. There are 33 TTB designates viticultural areas to wine made from grapes grown in an area commercially-producing vineyards allow vintners to better describe the to the wine’s geographic origin. The covering a total of approximately 860.5 origin of their wines and to allow establishment of AVAs allows vintners acres, as well as 21 wineries, within the consumers to better identify wines they to describe more accurately the origin of proposed AVA. According to the may purchase. their wines to consumers and helps petition, the distinguishing features of DATES: This final rule is effective July 6, consumers to identify wines they may the proposed Tualatin Hills AVA are its 2020. purchase. Establishment of an AVA is soils, elevation, and climate. FOR FURTHER INFORMATION CONTACT: neither an approval nor an endorsement The soils of the proposed AVA are Karen A. Thornton, Regulations and by TTB of the wine produced in that described as primarily Laurelwood soils Rulings Division, Alcohol and Tobacco area. and similar associated types, such as Tax and Trade Bureau, 1310 G Street Kinton and Cornelius soils, with almost Requirements NW, Box 12, Washington, DC 20005; no exposed volcanic or marine phone 202–453–1039, ext. 175. Section 4.25(e)(2) of the TTB sedimentary soil types. The Laurelwood soils are derived from weathered basalt SUPPLEMENTARY INFORMATION: regulations (27 CFR 4.25(e)(2)) outlines the procedure for proposing an AVA and loess and are fine, silty soils with Background on Viticultural Areas and provides that any interested party no rocks. The soils generally have low levels of organic material and a high TTB Authority may petition TTB to establish a grape- growing region as an AVA. Section 9.12 clay content, making them moderately Section 105(e) of the Federal Alcohol of the TTB regulations (27 CFR 9.12) fertile without promoting overly Administration Act (FAA Act), 27 prescribes standards for petitions for the vigorous vine growth. The soils reach U.S.C. 205(e), authorizes the Secretary establishment or modification of AVAs. depths of up to 100 feet which, when of the Treasury to prescribe regulations Petitions to establish an AVA must combined with the high clay content, for the labeling of wine, distilled spirits, include the following: reduces the need for irrigation in most and malt beverages. The FAA Act • Evidence that the area within the vineyards within the proposed AVA. provides that these regulations should, proposed AVA boundary is nationally The petition describes Laurelwood among other things, prohibit consumer or locally known by the AVA name soils as unique to the northwestern deception and the use of misleading specified in the petition; portion of the established Willamette statements on labels and ensure that • An explanation of the basis for Valley AVA, which includes the labels provide the consumer with defining the boundary of the proposed proposed Tualatin Hills AVA. adequate information as to the identity AVA; According to the petition, the only place and quality of the product. The Alcohol • A narrative description of the outside the proposed AVA where and Tobacco Tax and Trade Bureau features of the proposed AVA affecting Laurelwood soils occur is on the (TTB) administers the FAA Act viticulture, such as climate, geology, northeast-facing slopes of the

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established Chehalem Mountains AVA, which is lower than annual rainfall Laurelwood District AVA. Within the within the proposed Laurelwood amounts in the regions to the west and proposed Tualatin Hills AVA, large District AVA. However, the petition north, and higher than amounts in the concentrations of Laurelwood soil are notes that the Laurelwood soils within regions to the east and south. The dispersed throughout, separated by the Chehalem Mountains AVA are moderate rainfall amounts discourage regions without Laurelwood soils. By frequently mixed with volcanic, the growth of mold and mildew in contrast, within the proposed sedimentary, and alluvial soils. To the vineyards within the AVA. Differences Laurelwood District AVA, Laurelwood north of the proposed Tualatin Hills between daytime high temperatures and soil covers the entirety of the proposed AVA, the soils formed primarily from nighttime low temperatures, referred to AVA. Additionally, within the proposed volcanic material from eruptions near as diurnal temperature variations, are Tualatin Hills AVA, Laurelwood soil is the Oregon-Washington-Idaho border greater in the proposed AVA than in the often mixed with related soil series, between 6 and 17 million years ago and all the surrounding regions except the particularly Kinton and Cornelius soils. contain very little loess and no region to the south. Greater diurnal Within the proposed Laurelwood Laurelwood series soils. West of the variations slow the development of District AVA, Kinton and Cornelius proposed AVA, the soils are primarily sugars and reduce acid loss in grapes, soils exist only in small, isolated Coastal sediment soils originating from allowing grape varietals that require a pockets along the eastern edge. volcanic soils and marine uplifted soils long growing season to fully develop Notice of Proposed Rulemaking and that formed 50 million years ago. To the their flavor and aroma compounds. Comments Received south of the proposed AVA within the Laurelwood District Petition established Chehalem Mountains AVA, TTB published Notice No. 181 in the the soils are also formed primarily from TTB received a petition from Luisa Federal Register on June 19, 2019 (84 marine sediments, although the soils are Ponzi, president of Ponzi Vineyards, FR 28442), proposing to establish the sometimes striated with older Maria Ponzi, winemaker of Ponzi Tualatin Hills and Laurelwood District decomposing basalt and volcanic Vineyards, and Kevin Johnson, AVAs. In the notice, TTB summarized materials. To the east of the proposed winemaker of Dion Vineyards, on behalf the evidence from the two petitions AVA, the soils are primarily formed of themselves and other local grape regarding the name, boundary, and from Columbia River basalt and growers and vintners, proposing the distinguishing features for the proposed sedimentary materials. establishment of the ‘‘Laurelwood’’ AVAs. The notice also compared the The proposed Tualatin Hills AVA is AVA. However, at the request of TTB, distinguishing features of the proposed located in the upland hills of the the petitioners agreed to add the word AVAs to the surrounding areas. For a Tualatin River watershed and ‘‘District’’ to the proposed name, in detailed description of the evidence encompasses elevations between 200 order to avoid a potential impact on relating to the name, boundary, and and 1,000 feet, which is generally current label holders who are using distinguishing features of the proposed considered the upper limit for growing ‘‘Laurelwood’’ as a brand name or AVAs, and for a detailed comparison of commercial wine grapes in this region fanciful name on their wine labels. The the distinguishing features of the of Oregon. Furthermore, the petition proposed Laurelwood District AVA is proposed AVAs to the surrounding states that elevations below 200 feet located west of the city of Portland and areas, see Notice No. 181. were excluded because the lower lies entirely within the established In Notice No. 181, TTB solicited elevations are relatively flat and more Willamette Valley AVA and the comments on the accuracy of the name, susceptible to frost. The proposed AVA established Chehalem Mountains AVA. boundary, and other required is surrounded to the north and west by The proposed Laurelwood District AVA information submitted in support of the the higher elevations of the Coastal covers approximately 33,600 acres and petition. In addition, given the proposed Range, which typically exceed 1,000 contains 25 wineries and approximately Tualatin Hills and Laurelwood District feet. To the east of the proposed AVA 70 commercially-producing vineyards AVA’s location within the Willamette is the broad, flat plain of the Tualatin that cover a total of approximately 975 Valley AVA, TTB solicited comments River Valley, where elevations are acres. on whether the evidence submitted in generally below 200 feet. The petition According to the petition, the the petition regarding the distinguishing notes that there is a small region distinguishing feature of the proposed features of the two proposed AVAs between the northeast corner and the Laurelwood District AVA is the sufficiently differentiates them from the southeast corner of the proposed AVA predominance of the Laurelwood soil Willamette Valley AVA. TTB also that has similar elevations to the series. Although Laurelwood soil exists requested comments on whether the proposed AVA. However, this region outside the proposed Laurelwood geographic features of the proposed was not included in the proposed AVA District AVA, specifically within the AVAs are so distinguishable from the because it is within the urban proposed Tualatin Hills AVA to the Willamette Valley AVA that the development zone of metro Portland northwest, the petition states that there proposed AVAs should no longer be and is currently used for commercial are differences between the Laurelwood part of the established AVA. TTB and residential buildings and public soil of the proposed Laurelwood District solicited comments on whether parks; there is no commercial viticulture AVA and the Laurelwood soil of the distinguishing features of the proposed in this area. To the south and southeast proposed Tualatin Hills AVA. For Laurelwood District sufficiently of the proposed AVA are the Chehalem instance, the Laurelwood soil of the differentiate it from the established Mountains, which includes elevations proposed Laurelwood District AVA Chehalem Mountains AVA, and if the of over 1,000 feet and, according to the consists of loess combined with basalt features of the proposed AVA are so petition, are considered to be a separate, that is older than the basalt found in the distinctive that it should no longer be distinct landform from the uplands Laurelwood soil of the proposed part of the established Chehalem within the proposed Tualatin Hills Tualatin Hills AVA. However, the Mountains AVA. Finally, TTB also AVA. petition states that the primary solicited comments on whether the The climate of the proposed Tualatin distinction between the soils of the two distinguishing features of the proposed Hills AVA is characterized by average proposed AVAs is the contiguity of Laurelwood District AVA sufficiently annual rainfall amounts of 43.67 inches, Laurelwood soil within the proposed differentiate it from the proposed

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neighboring Tualatin Hills AVA, and on District AVA, uses the phrase ‘‘North Rocks District of Milton-Freewater AVA whether the distinguishing features of Slope’’ to refer to the vineyard’s (27 CFR 9.249), which shares its name the proposed Tualatin Hills AVA location. with the Freewater soil series,2 a soil sufficiently differentiate it from the Six of the comments support the series found within and outside of the proposed Laurelwood District AVA. The establishment of the Laurelwood AVA.3 The Loess Hills District AVA (27 comment period closed August 19, District AVA as proposed. The CFR 9.255) includes the word ‘‘loess,’’ 2019. supporting comments all came from which is the predominant type of soil self-identified local wine industry found within the AVA but also exists Comments Received on the Proposed members. The comments generally elsewhere.4 The Arroyo Seco AVA (27 Tualatin Hills and Laurelwood District support the proposed Laurelwood CFR 9.59) shares its name with the AVAs District AVA due to the prevalence of Arroyo Seco soil series,5 which is found In response to Notice No. 181, TTB the Laurelwood soil, and believe that within the AVA and elsewhere in received a total of nine comments. Of the establishment of the proposed AVA Monterey County, California.6 The the nine comments, only one comment would provide consumers with more establishment of these AVAs does not (comment 3) specifically mentioned the information about the origin of the prohibit winemakers from mentioning proposed Tualatin Hills AVA. That grapes in the wine, rather than cause the presence of the soil series in their comment, submitted by a local wine confusion. Comment 6 also stated the vineyards, nor does it prohibit any other industry member with vineyards in both belief that there is ample evidence that AVAs from containing these soils. of the proposed AVAs, supported the the region of the proposed AVA is Further, when established, no establishment of the proposed Tualatin known as ‘‘Laurelwood,’’ but did not commenters expressed concern or Hills AVA as a way to inform provide any additional examples. opposition that these AVAs share names consumers of the region’s TTB Response to Opposing Comments with a soil series found within and characteristics, which he believes are outside their boundaries. unique from the surrounding regions, TTB believes that the commenters Additionally, although the including the proposed Laurelwood who oppose the proposed ‘‘Laurelwood distinguishing feature of the proposed District AVA. None of the comments District’’ AVA name may misunderstand Laurelwood District AVA is the opposed the establishment of the the rationale for the proposed name and Laurelwood soil series, it is not merely proposed Tualatin Hills AVA or its what limitations its establishment the presence of this soil that defines the inclusion within the established would place on the use of the proposed AVA. The Laurelwood soil Willamette Valley AVA. Laurelwood soil name on a wine label series does have a very narrow range, All nine of the comments TTB or in advertising. Although the but it is found in some of the regions received mentioned the proposed prominent soil series in both the surrounding the proposed Laurelwood Laurelwood District AVA. Three of the proposed Tualatin Hills and District AVA, including the proposed comments, comments 1, 4, and 5, did Laurelwood District AVAs is called Tualatin Hills AVA. What primarily not oppose establishing this AVA, but ‘‘Laurelwood,’’ the proposed distinguishes the proposed Laurelwood expressed opposition to the proposed Laurelwood District AVA does not District AVA from other regions that Laurelwood District AVA name. The derive its name from the soil but from contain Laurelwood soil is the near- opposing comments generally state the the community of Laurelwood, which, uniformity of the soil within the belief that naming an AVA after a soil according to the petition, was named proposed boundaries. Soil maps type would be misleading, as it would after a school built in the area in 1904. included as Exhibit A–1 of the Tualatin imply that the soil is found only within The soil series was first formally Hills AVA petition and Figure 1 of the that AVA, when in fact there are identified by the USDA in 1974,1 on Laurelwood District AVA show that the vineyards outside the proposed AVA Iowa Hill within the proposed AVA. soils of the proposed Laurelwood AVA that are planted entirely on Laurelwood Establishment of the proposed consist almost entirely of Laurelwood soil. As a result, consumers would be Laurelwood District AVA would not set series, whereas the proposed Tualatin confused by wines made outside the a precedent of naming AVAs after a soil Hills AVA has large patches of proposed Laurelwood District AVA that series because § 9.12(a)(1) of the TTB Laurelwood soils separated by expanses claim that the grapes were grown in regulations requires a petitioner to of soils from other series, including Laurelwood soils. Comment 4 stated provide evidence that the region is Kinton and Cornelius soils.7 Because that allowing an AVA to be named after referred to by the proposed name. If the Exhibit A–1 was too large to include in a soil type would ‘‘set a dangerous proposed name refers only to a soil the online public docket, TTB has precedent’’ and could lead to the series, the name would not meet the placed a similar image of the entire creation of other AVAs that treat the regulatory requirements. TTB has extent of the Laurelwood soil series name of a soil type as if it were ‘‘solely determined that the petition provided proprietary.’’ Comment 4 was the only sufficient evidence to demonstrate that 2 https://soilseries.sc.egov.usda.gov/OSD_Docs/F/ comment to suggest alternative names the name ‘‘Laurelwood’’ applies to the FREEWATER.html. for the proposed AVA, including ‘‘North 3 ‘‘Petition to establish The Rocks District of larger region surrounding the Milton-Freewater American Viticultural Area, Slope,’’ ‘‘Laurel,’’ ‘‘Mountainside,’’ community of Laurelwood, including Oregon,’’ Page 3, within Docket No. TTB–2014– ‘‘Fern Hill, ‘‘Spring Hill,’’ ‘‘Midway,’’ the region of the proposed AVA, and 0003 at https://www.regulations.gov. and ‘‘Mountain Home.’’ Comment 4 that the name does not apply solely to 4 80 FR 34857, 34858–34859, ‘‘Notice of Proposed Rulemaking—Proposed Establishment of the Loess appeared to favor the name ‘‘North the soil series. Slope,’’ noting that 91 percent of the Hills District Viticultural Area.’’ Furthermore, TTB notes that at least 5 https://soilseries.sc.egov.usda.gov/OSD_Docs/A/ wine wholesalers the commenter 20 established AVAs share their names ARROYO_SECO.html. surveyed in his work as a director of with soils or soil series. For example, 6 See Figure 5.8–1 of the Environmental Impact wine sales for a local winery preferred Comment 8, submitted in response to Report of the Rancho San Juan Specific Plan and that name to ‘‘Laurelwood District.’’ HYH Property Project, https:// the proposed rulemaking, mentions The www.co.monterey.ca.us/home/ Comment 4 also claimed that the showdocument?id=36998. website of Ponzi Vineyards, one of the 1 https://soilseries.sc.egov.usda.gov/OSD_Docs/L/ 7 See Exhibits A–1 and Figure 1 in the docket petitioners for the proposed Laurelwood LAURELWOOD.html. number TTB–2019–0003 at www.regulations.gov.

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obtained from the University of As discussed in Notice No. 181, the that name, and the wine must meet the California–Davis Soil Series Extent Tualatin Hills AVA shares some broad other conditions listed in 27 CFR Explorer 8 in the docket. Establishment characteristics with the Willamette 4.25(e)(3). If the wine is not eligible for of the AVA would not mean that TTB Valley AVA. For example, elevations labeling with an AVA name and that does not recognize the presence of within both AVAs are generally below name appears in the brand name, then Laurelwood soil in other regions or 1,000 feet, and the soils are primarily the label is not in compliance and the AVAs, only that TTB recognizes the silty loams and clay loams. However, bottler must change the brand name and ubiquity of the soil within the proposed the Tualatin Hills AVA is comprised obtain approval of a new label. AVA as the feature that distinguishes it mainly of rolling hills and lacks the Similarly, if the AVA name appears in from the surrounding regions. major valley floors that are a primary another reference on the label in a TTB is proposing to make only the feature of the Willamette Valley AVA. misleading manner, the bottler would full name of the proposed Laurelwood Additionally, annual rainfall amounts have to obtain approval of a new label. District AVA a term of viticultural are slightly higher for the Tualatin Hills Different rules apply if a wine has a significance. Additionally, current label AVA than for the Willamette Valley brand name containing an AVA name holders who use the word AVA in general. that was used as a brand name on a ‘‘Laurelwood’’ in a brand name would TTB has also determined that the label approved before July 7, 1986. See not be affected by the establishment of Laurelwood District AVA will remain 27 CFR 4.39(i)(2) for details. the Laurelwood District AVA. part of both the established Willamette With the establishment of these two Finally, although comment 4 Valley AVA and the established AVAs, their names, ‘‘Tualatin Hills’’ provided some alternative names for the Chehalem Mountains AVA. As and ‘‘Laurelwood District,’’ will be proposed Laurelwood District AVA, the discussed in Notice No. 181, the recognized as names of viticultural comment only noted that the names Laurelwood District AVA shares some significance under § 4.39(i)(3) of the were names of features or communities broad characteristics with both TTB regulations (27 CFR 4.39(i)(3)). The within the proposed AVA. The established AVAs. For example, both text of the regulations clarifies this comment did not include evidence that the Willamette Valley AVA and the point. Consequently, wine bottlers using the entire region of the proposed AVA Laurelwood District AVA are in the rain the name ‘‘Tualatin Hills’’ or is known by any of these alternative shadow of the Cascade Mountains and, ‘‘Laurelwood District’’ in a brand name, names, as required by § 9.12(a)(1). The therefore, share similar annual rainfall including a trademark, or in another link to the Ponzi Vineyards website amounts and growing degree day label reference as to the origin of the included in the comment 9 does note accumulations. Like the Chehalem wine, will have to ensure that the that the family’s vineyards are ‘‘situated Mountains AVA, the Laurelwood product is eligible to use the AVA name on the North slope (sic)’’ of the District AVA consists of hilly-to- as an appellation of origin. TTB is not Chehalem Mountains AVA, but it is mountainous terrain with vineyards designating the phrase ‘‘Laurelwood’’ as unclear if this statement uses the phrase planted at elevations between 200 and a term of viticultural significance, in ‘‘North slope’’ more to describe the 1,000 feet. However, the Laurelwood order to avoid a potential negative effect geographic orientation of the vineyards, District AVA differs from both the on current labels that use ‘‘Laurelwood’’ rather than as the name of the entire Willamette Valley and Chehalem as part of a brand name or as a truthful region. Therefore, TTB cannot Mountains AVAs because its primary description of vineyard soils on wine determine that ‘‘North Slope’’ or any of soil is the Laurelwood series, whereas labels. Therefore, the phrase the other suggested names would be the other two AVAs have a much wider ‘‘Laurelwood’’ (without the word more appropriate for the proposed AVA diversity of soils. ‘‘district’’) may be used as a brand than ‘‘Laurelwood District.’’ name, part of a brand name, or a truthful Boundary Description description of vineyard soils on wine TTB Determination See the narrative description of the labels without having to meet the After careful review of the petition boundary of the Tualatin Hills AVA and appellation of origin eligibility and the comments received in response the Laurelwood District AVA in the requirements for the Laurelwood to Notice No. 181, TTB finds that the regulatory text published at the end of District AVA. evidence provided by the petitioners this final rule. The establishment of the Tualatin Hills and Laurelwood District AVAs supports the establishment of the Maps Tualatin Hills and Laurelwood District will not affect any existing AVA, and AVAs. Accordingly, under the authority The petitioners provided the required any bottlers using ‘‘Willamette Valley’’ of the FAA Act, section 1111(d) of the maps, and they are listed below in the or ‘‘Chehalem Mountains’’ as an Homeland Security Act of 2002, and regulatory text. The boundaries of the appellation of origin or in a brand name for wines made from grapes grown part 4 of the TTB regulations, TTB Tualatin Hills and Laurelwood District within the Willamette Valley AVA will establishes the ‘‘Tualatin Hills’’ AVA in AVAs may also be viewed on the AVA not be affected by the establishment of portions of Multnomah and Washington Map Explorer on the TTB website, at these new AVAs. The establishment of Counties, Oregon, and the ‘‘Laurelwood https://www.ttb.gov/wine/ava-map- the Tualatin Hills AVA will allow District’’ AVA in portions of explorer. vintners to use ‘‘Tualatin Hills’’ and Washington and Yamhill Counties, Impact on Current Wine Labels ‘‘Willamette Valley’’ as appellations of Oregon, effective 30 days from the Part 4 of the TTB regulations prohibits origin for wines made primarily from publication date of this document. any label reference on a wine that grapes grown within the Tualatin Hills TTB has also determined that the indicates or implies an origin other than AVA if the wines meet the eligibility Tualatin Hills AVA will remain part of the wine’s true place of origin. For a requirements for the appellation. The the established Willamette Valley AVA. wine to be labeled with an AVA name establishment of the Laurelwood or with a brand name that includes an District AVA will allow vintners to use 8 https://casoilresource.lawr.ucdavis.edu/see/ #laurelwood. AVA name, at least 85 percent of the ‘‘Laurelwood District,’’ ‘‘Willamette 9 https://www.ponzivineyards.com/About-Us/ wine must be derived from grapes Valley,’’ and ‘‘Chehalem Mountains’’ as Vineyards. grown within the area represented by appellations of origin for wines made

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primarily from grapes grown within the (6) Hillsboro, OR, 2014; and (12) Proceed north along SW Fern Hill Laurelwood District AVA if the wines (7) Linnton, OR, 2014. Road for approximately 1.2 miles, meet the eligibility requirements for the (c) Boundary. The Tualatin Hills crossing onto the Forest Grove map, to appellation. viticultural area is located in Clackamas, the road’s intersection with Oregon Multnomah and Washington Counties, Highway 47; then Regulatory Flexibility Act in Oregon. The boundary of the Tualatin (13) Proceed northerly along Oregon TTB certifies that this regulation will Hills viticultural area is as described Highway 47 for approximately 7.6 miles not have a significant economic impact below: to its intersection with Oregon Highway on a substantial number of small (1) The beginning point is on the 6/NW Wilson River Highway; then entities. The regulation imposes no new Dixie Mountain map at the intersection (14) Proceed east along Oregon reporting, recordkeeping, or other of North West Skyline Boulevard and Highway 6/NW Wilson River Highway administrative requirement. Any benefit North West Moreland Road. From the for approximately 2.5 miles to its derived from the use of an AVA name beginning point, proceed southwesterly intersection with Sunset Highway; then would be the result of a proprietor’s along North West Moreland Road for (15) Proceed southeast along Sunset efforts and consumer acceptance of approximately 1.3 miles to road’s Highway for approximately 2.3 miles to wines from that area. Therefore, no intersection with the Multnomah– its intersection with the railroad tracks; regulatory flexibility analysis is Washington County line; then then required. (2) Proceed south along the (16) Proceed east along the railroad Multnomah–Washington County for tracks, crossing onto the Hillsboro map, Executive Order 12866 approximately 1.2 miles to the county to the intersection of the railroad tracks It has been determined that this final line’s intersection with the 1,000-foot and an unnamed road known locally as rule is not a significant regulatory action elevation contour; then NW Dick Road; then as defined by Executive Order 12866 of (3) Proceed northwesterly along the (17) Proceed south along NW Dick September 30, 1993. Therefore, no 1,000-foot elevation contour, crossing Road for approximately 0.3 mile to its regulatory assessment is required. onto the Vancouver map and continuing intersection with NW Phillips Road; generally southwesterly along the then Drafting Information meandering 1,000-foot elevation contour (18) Proceed east along NW Phillips Karen A. Thornton of the Regulations to its intersection with the Washington– Road for approximately 1.2 miles, and Rulings Division drafted this final Yamhill County line; then crossing onto the Linnton map, to the rule. (4) Proceed east along the road’s intersection with an unnamed List of Subjects in 27 CFR Part 9 Washington–Yamhill County line, road known locally as NW Old crossing onto the Gaston map, to the Cornelius Pass Road; then Wine. intersection of the county line with NW (19) Proceed northeast along NW Old The Regulatory Amendment South Road; then Cornelius Pass Road to its intersection (5) Proceed northeast along NW South with NW Skyline Boulevard Road; then For the reasons discussed in the Road to its intersection with SW South (20) Proceed north and west along preamble, TTB amends title 27, chapter Road; then NW Skyline Boulevard for I, part 9, Code of Federal Regulations, as (6) Proceed northeasterly along SW approximately 10.5 miles, crossing over follows: South Road to its intersection with the the northeast corner of the Hillsboro 200-foot elevation contour; then map and onto the Dixie Mountain map PART 9—AMERICAN VITICULTURAL (7) Proceed easterly along the 200-foot AREAS and then returning to the beginning elevation contour for approximately 1.9 point. ■ 1. The authority citation for part 9 miles to its intersection with East Main ■ 3. Subpart C is amended by adding continues to read as follows: Street/SW Gaston Road in the village of § 9.269 to read as follows: Gaston; then Authority: 27 U.S.C. 205. (8) Proceed south, then east along SW § 9.269 Laurelwood District. Gaston Road for approximately 0.9 mile, Subpart C—Approved American (a) Name. The name of the viticultural crossing onto the Laurelwood map, to Viticultural Areas area described in this section is the road’s intersection with the 240-foot ‘‘Laurelwood District’’. For purposes of ■ 2. Subpart C is amended by adding contour line just south of an unnamed part 4 of this chapter, ‘‘Laurelwood § 9.268 to read as follows: road known locally as SW Dixon Mill District’’ is a term of viticultural Road; then significance. § 9.268 Tualatin Hills. (9) Proceed north along the (b) Approved maps. The six United (a) Name. The name of the viticultural meandering 240-foot elevation contour States Geological Survey (USGS) area described in this section is for approximately 5 miles to its 1:24,000 scale topographic maps used to ‘‘Tualatin Hills’’. For purposes of part 4 intersection with SW Sandstrom Road; determine the boundary of the of this chapter, ‘‘Tualatin Hills’’ is a then Laurelwood District viticultural area are term of viticultural significance. (10) Proceed west along SW titled: (b) Approved maps. The 6 United Sandstrom Road for approximately 0.15 (1) Laurelwood, OR, 2014; States Geological Survey (USGS) mile to its third crossing of the 200-foot (2) Scholls, Oreg., 1961; photorevised 1:24,000 scale topographic maps and the elevation contour; then 1985; single 1:250,000 scale topographic map (11) Proceed northwesterly and then (3) Newberg, OR, 2014; used to determine the boundary of the northeasterly along the meandering 200- (4) Beaverton, Oreg., 1961; Tualatin Hills viticultural area are titled: foot contour line for approximately 2.9 photorevised 1984; (1) Vancouver, 1974 (1:250,000); miles to its intersection with an (5) Sherwood, Oreg., 1961; (2) Dixie Mountain, OR, 2014; unnamed road known locally as SW photorevised 1985; and (3) Gaston, OR, 2014; Fern Hill Road, north of an unnamed (6) Dundee, Oreg., 1956; revised 1993. (4) Laurelwood, OR, 2014; road known locally as SW Blooming (c) Boundary. The Laurelwood (5) Forest Grove, OR, 2014; Fern Hill Road; then District viticultural area is located in

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Washington and Yamhill Counties, in (11) Proceed southwesterly along an unnamed road known locally as Oregon. The boundary of the Oregon Highway 99W for 0.45 mile to Owls Lane, to the intersection of the Laurelwood District viticultural area is its intersection with the 250-foot elevation contour with NE Kincaid as described below: elevation contour immediately south of Road; then (1) The beginning point is on the an unnamed tributary of Cedar Creek in (25) Proceed northwesterly along NE Laurelwood map at the intersection of section 36, T2S/R2W; then Kincaid Road for 0.25 mile to its Winters Road and Blooming Fern Hill (12) Proceed southerly along the 250- Road in section 17, T1S/R3W. From the foot elevation contour for 1 mile to its intersection with NE Springbrook Road; beginning point, proceed west then intersection with Middleton Road in then northwest along Blooming Fern Hill section 1, T2S/R2W; then (26) Proceed northwesterly along NE Road for approximately 0.4 mile to its (13) Proceed southwesterly along Springbrook Road for 0.22 mile to its intersection with the 200-foot elevation Middleton Road, which becomes Rein intersection with an unnamed road contour; then Road, for 0.5 mile to the intersection of known locally as Bell Road; then (2) Proceed north then northeasterly the road with the 200-foot elevation (27) Proceed east along Bell Road for along the 200-foot elevation contour for contour immediately south of Cedar 0.5 mile, making a sharp northwesterly 1.5 miles to its intersection with SW La Creek; then turn, then continuing along the road for Follette Road; then (14) Proceed easterly along the 200- (3) Proceed south along SW La foot elevation contour for 1.6 miles to its 0.2 mile to its intersection with Follette Road for 0.25 mile to its intersection with an unnamed light-duty Mountain Top Road; then intersection with the 240-foot elevation east-west road known locally as (28) Proceed northwesterly along contour, north of Blooming Fern Hill Brookman Road in the village of Mountain Top Road for 1.9 miles to its Road; then Middleton, section 6, T3S/R1W; then intersection with SW Hillsboro (4) Proceed easterly then southerly (15) Proceed east on Brookman Road Highway, also known as Highway 219; along the 240-foot elevation contour, for 0.4 mile to its intersection with the then crossing onto the Scholls map and back shared Washington–Clackamas County (29) Proceed north along SW onto the Laurelwood map, for a total of line at the western corner of section 5, 17 miles to the intersection of the T3S/R1W; then Hillsboro Highway for 0.1 mile to its elevation contour with SW Laurel Road; (16) Proceed south along the intersection with Mountain Top Road at then Washington–Clackamas County line for the Washington–Yamhill County line; (5) Proceed east along SW Laurel 1 mile to its intersection with Parrett then Road for 0.15 mile to its intersection Mountain Road along the eastern (30) Proceed northwest along with the 200-foot elevation contour; boundary of section 7, T3S/R1W; then Mountain Top Road for 3.1 miles, then (17) Proceed southwesterly along crossing onto the Dundee map, to the (6) Proceed easterly along the 200-foot Parrett Mountain Road, crossing onto intersection of the road with Bald Peak elevation contour, crossing over the the Newberg map, for a total of 2.6 Road in section 26, T2S/R3W; then Scholls map and onto the Newberg map, miles, to the intersection with an then crossing Heaton Creek and back unnamed local road known locally as (31) Proceed northwest, then onto the Scholls map for a total of 17.5 NE Old Parrett Mountain Road; then northeast, then north along Bald Peak miles to the intersection of the elevation (18) Proceed west along NE Old Road, crossing onto the Laurelwood contour with Mountain Home Road east Parrett Mountain Road for 1.7 mile to its map, for a total of 4.8 miles, to the of Heaton Creek; then intersection with NE Schaad Road; then intersection of the road with SW (7) Proceed easterly then southerly (19) Proceed west along NE Schaad Laurelwood Road; then along the 200-foot elevation contour, Road for 0.5 mile to its intersection with (32) Proceed southwest, then crossing over the Beaverton and an unnamed local road known locally as northwest, along SW Laurelwood Road Sherwood maps and back onto the NE Corral Creek Road; then for 0.8 mile to its intersection with the Scholls map for a total of 8.9 miles to (20) Proceed north along NE Corral 700-foot elevation contour; then the intersection of the elevation contour Creek Road for 0.9 mile to its with the middle tributary of an westernmost intersection with an (33) Proceed northeast, then unnamed stream along the western unnamed local road known locally as northwest, then north along the 700-foot boundary of section 24, T2S/R2W; then NE Veritas Lane, south of Oregon elevation contour for 5 miles, passing (8) Proceed southeast along the 200- Highway 99W; then west of Iowa Hill and Spring Hill, to the foot elevation contour, crossing over the (21) Proceed north westerly in a intersection of the elevation contour and northeast corner of the Newberg map straight line for approximately 0.05 mile SW Winters Road; then and onto the Sherwood map, to the to the intersection of Oregon Highway (34) Proceed north on SW Winters intersection of the elevation contour 99W and the 250-foot elevation contour; Road for 2 miles, returning to the with Edy Road in section 25, T2S/R2W; then beginning point. then (22) Proceed northwesterly along the (9) Proceed southwest along the 200- 250-foot elevation contour for 1 mile to Signed: January 28, 2020. foot elevation contour, crossing onto the its intersection with the second, Mary G. Ryan, Newberg map and back onto the westernmost intermittent stream that is Acting Administrator. Sherwood map, to the intersection of an unnamed tributary of Spring Brook; Approved: May 13, 2020. the elevation contour with Elwert Road then along the eastern boundary of section (23) Proceed northerly along the Timothy E. Skud, 25, T2S/R2W; then unnamed stream, crossing the single- Deputy Assistant Secretary (Tax, Trade, and (10) Proceed south along Elwert Road gauge railroad track, for 0.5 mile to the Tariff Policy). for 0.85 mile to its intersection with an intersection of the stream with the 430- [FR Doc. 2020–10919 Filed 6–2–20; 8:45 am] unnamed highway known locally as foot elevation contour; then BILLING CODE 4810–31–P Oregon Highway 99W, along the eastern (24) Proceed west along the 430-foot boundary of section 36, T2S/R2W; then elevation contour for 0.25 mile, crossing

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DEPARTMENT OF DEFENSE more comments received were not criteria that will be used in identifying pertinent to this rule. This section agents and selecting agents for Office of the Secretary responds to the remaining four public consideration for exclusion from the comments. benefit. These criteria will include but 32 CFR Part 199 One comment was a general statement not be limited to ensuring the from an individual who admitted not [DOD–2018–HA–0062] availability of alternative agents when knowing what TRICARE does and to not an agent is excluded, considering agents RIN 0720–AB75 reading the entire rule but commended for exclusion when safety concerns may the Department for attempting to take outweigh the benefit of the drug, and TRICARE Pharmacy Benefits Program care of its beneficiaries. The individual when the drug is a formulation that Reforms added that Congress and its agencies includes a combination of drugs that are AGENCY: Office of the Secretary, write laws that are too complicated. otherwise excluded. Further, in Department of Defense (DoD). This final rule has been carefully implementing this rule the committee reviewed to ensure it is as clear as will not only evaluate drugs for ACTION: Final rule. possible to those affected by it and no exclusion from coverage but will also SUMMARY: This rule finalizes changes have been made in that regard. include identifying branded drugs that Department of Defense (DoD) The remaining three comments may be moved to Tier 1 status with a implementation of Section 702 of the represent the pharmaceutical industry, a lower copayment for beneficiaries. The National Defense Authorization Act for biotechnology trade association, and an intent of identifying agents in this Fiscal Year 2018 (NDAA FY18). The law organization focused on patient- manner as well as the new exclusion made significant changes to the centeredness in healthcare. All three authority is to yield improved health, TRICARE Pharmacy Benefits Program; comments voiced concerns centering on smarter spending and better patient specifically it: Updated co-payment accessibility of medicines, ensuring a outcomes. requirements; authorized a new process robust process of evaluation of agents As with all P&T recommendations, for encouraging use of pharmaceutical when being considered from a clinical the Beneficiary Advisory Panel will be agents that provide the best clinical benefit, incorporating patient-oriented able to comment prior to the DHA outcomes that matter, and excluding effectiveness by excluding coverage for Director making the final decision. newly approved drugs. In addition, all particular pharmaceutical agents that Further, all decisions regarding the DoD three commented on the portion of the provide very little or no clinical Uniform Formulary are routinely rule pertaining to changes in the effectiveness relative to similar agents monitored and updated to reflect physician add-on payment rates for and for giving preferential status to changes in data, updated prescribing medications administered as part of a agents that provide enhanced clinical criteria, modifications in clinical usage medical procedure or office visit. We effectiveness; and authorized special patterns, and cost changes. Any appreciate these comments, which are decisions resulting from reimbursement methods, amounts, and summarized here, along with DoD’s implementation of this rule will procedures to encourage use of high- response. likewise be monitored and reassessed in value products and discourage use of The Department of Defense Pharmacy line with this well-established DoD P&T low-value products with respect to and Therapeutics (P&T) Committee will practice. pharmaceutical agents provided as part be engaging the authority granted by In addition to concerns regarding of medical services from authorized this rule to exclude agents in a judicious formulary management, four comments providers. This rule finalizes the manner. Prior to this rule, the DoD was representing the pharmaceutical changes made to the TRICARE required to include all Food and Drug industry and a biotechnology trade Pharmacy Benefit Program as stated in Administration-approved prescription association, voiced overlapping the interim final rule. medications on the DoD Uniform concerns on the portion of the rule DATES: This final rule is effective July 6, Formulary regardless of safety, pertaining to changes in the physician 2020. effectiveness, or cost. This practice is add-on payment rates for medications FOR FURTHER INFORMATION CONTACT: Col divergent with current formulary administered as part of a medical Markus Gmehlin, Acting, Chief, management approaches as applied procedure or office visit and are Pharmacy Operations, Defense Health throughout the healthcare industry and addressed below. Agency (DHA), telephone (703) 681– is inconsistent with commercial practice Both a pharmaceutical organization 2890. standards. Not only is this practice and a biotechnology trade association counter to providing patients with the disagreed with DoD’s assumption that SUPPLEMENTARY INFORMATION: most clinically effective and safest the current approach of reimbursing I. Executive Summary treatment modalities, but also is physician administered drugs the imprudent use of tax payer money. The Average Sales Price (ASP) plus a six A. Public Comments and Responses P&T Committee process for evaluating percent add-on creates an incentive to On December 11, 2018 (83 FR 63574– drugs for formulary status is outlined in use more expensive drugs. The 63578), the Department of Defense 32 CFR 199.21(e)(1)(ii) and (iii) which commenters stated that physician published an interim final rule titled describes the type of materials that may prescribing habits are not driven by the ‘‘TRICARE Pharmacy Benefits Program be included as part of the clinical ‘‘cost of drugs’’ or the ‘‘payment-per- Reforms’’ for a 60-day public comment effectiveness and safety conclusions for drug administration’’; their views were period. The public comment period the drug. This robust process will supported by a report authored by ended on February 11, 2019. Eight continue to be the process for evaluating Xcenda, a consulting firm owned by a public comments were received. Two of agents being considered for exclusion. drug wholesaler. These comments were the comments were written by students In addition to clinical and safety data, made in response to a DoD proposal that enrolled in college classes with an patient-oriented outcome data relevant a median add-on payment for a certain assignment involving commenting on to the drugs being considered is a factor class or category of drugs might be used Federal Register notices. Neither included in the evaluation process. The for all drugs in the group, rather than comment was relative to the rule. Two committee will be guided by specific the current drug-specific six percent

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add-on calculation. We recognize that would be modified, we do not believe B. Purpose of the Final Rule providers’ prescribing decisions depend that this proposal would provide large This rule finalizes Section 702 of the on various factors, and that not all incentives for the use of particular National Defense Authorization Act for providers may be incentivized similarly drugs. Rather, we believe that it would Fiscal Year 2018 (NDAA FY18), which or act based on the cost or profit margin remove the incentive to use drugs that does three things: (1) It updates cost- of a particular drug. In some cases, there have higher costs for no other reason sharing requirements for outpatient are not good alternatives or the price than the higher add-on payment. pharmaceutical prescriptions filled by does not vary greatly among drugs A third comment made by the retail pharmacies and the TRICARE mail within a particular category, in which biotechnology trade association is that order pharmacy program. (2) It case the potential proposed change to a modifications to the six percent add-on authorizes a new Uniform Formulary median add-on amount for the group could limit patient access to necessary process for encouraging use of would not matter. However, published care and that this could affect patient pharmaceutical agents in the TRICARE studies do support the idea that such outcomes. A particular concern raised Pharmacy Benefits Program that provide incentives may affect prescribing the best clinical effectiveness by pattern in some situations. A recently by the commenter is that modifying the six percent add-on would exacerbate the excluding coverage for particular published article in a peer-reviewed pharmaceutical agents that provide very journal reviewed 18 studies on the current situation in which physicians cannot afford to purchase a drug for little or no clinical effectiveness relative association between reimbursement to similar agents and giving preferential incentives or changes in reimbursement administration in their offices at an amount less than ASP plus the six status to agents that provide enhanced policy and oncology care delivery and clinical effectiveness. (3) It authorizes found that most studies reported an percent add-on. We do not think that access will be adversely affected for two special reimbursement methods, association consistent with financial amounts, and procedures to encourage incentives (Mitchell et al., Association reasons. First, DoD is not eliminating the entire add-on; instead it may modify use of high-value products and Between Reimbursement Incentives and discourage use of low-value products Physician Practice in Oncology, A it so that it is set equal to the median add-on within a drug class. As a result, with respect to pharmaceutical agents Systematic Review, JAMA Oncol. provided as part of medical services 2019:5(6)). This systematic review this approach may actually increase the add-on amounts paid for certain drugs. from authorized providers. This rule found that profitability of systemic finalizes each of these three statutory Second, physicians will decide which anticancer agents may affect physicians’ changes as implemented by the interim drugs are prescribed and in all cases choice of drug. Thus, we believe that final rule. financial incentives do affect these physicians would be reimbursed prescribing patterns in some cases and the Average Sales Price plus an add-on C. Legal Authority for the Regulatory that DoD’s proposal may be appropriate payment, which will be approximately Action to reduce the use of more expensive equal to six percent within any drug This final rule is under the primary drugs within a class of drugs when there class. As a result, DoD does not think authority of 10 U.S.C. 1074g, 1079 and are appropriate alternatives. that there will be access problems. 1086, and Section 702 of NDAA FY18. A second comment raised by the However, DoD will monitor access Specifically, section 702(b)(3) of NDAA pharmaceutical organization and the carefully for any of the products that FY18 authorizes DoD to ‘‘prescribe such biotechnology trade association was that receive a modified add-on to ensure that changes to the regulations implementing DoD’s proposal would create a situation there are not access problems for the TRICARE program . . . by that ‘‘incentivizes or requires’’ the use of TRICARE beneficiaries. prescribing an interim final rule.’’ products that may not be the most A fourth comment made by the TRICARE program regulations (32 CFR appropriate in that situation and that pharmaceutical organization stated that part 199) are issued under statutory this would lead to worse health DoD was ‘‘considering a significant authorities including 10 U.S.C. 1074g outcomes. One commenter also stated potential change, but leaves important (the Pharmacy Benefits Program) and 10 that lowering the add-on payment for terms and standards vague and U.S.C. 1079 and 1086 (TRICARE some drugs could affect the prescribing unclear.’’ The commenter noted that medical benefits). Section 702 of patterns of some physicians who would DoD’s changes to reimbursement NDAA–18 amends both section 1074g choose not to use certain drugs ‘‘based amounts should be made through and section 1079 (the section 1079 on cost considerations alone.’’ We rulemaking rather than guidance. We amendment being automatically disagree for three reasons: First, DoD’s have revised the final rule to specify applicable to section 1086). proposal would allow DoD to modify that the Director should be able to adopt the add-on to the acquisition cost of the D. Summary of Major Provisions of the an add-on amount equal to six percent Final Rule physician administered drug (which is of the median amounts for products This rule finalizes the following major currently six percent of the ASP). within a class of products. As a result, Nothing in this proposal would require provisions: the TRICARE reimbursement amount for the use of inappropriate products. 1. Updating Cost-Sharing. Under the products within a class of products Second, if DoD does modify the six authority of section 1074g(a)(6), as would be equal to the average sales percent add-on, it would only be done amended by Section 702(a) of NDAA price plus six percent of the median within classes of drugs recommended FY18, we amended 32 CFR 199.21(i) to average sales price of products in that by the DoD’s Pharmacy and cross reference the statutory changes. Therapeutics Committee and with class. 2. Uniform Formulary Changes. Based approval of the DHA Director, which Public comments received in response on section 1074g(a)(10), as added by will ensure that the classes of drugs to DoD’s interim final rule, resulted in Section 702(b)(1) of NDAA FY 18, we which have modified add-on payments a revision to the final rule to specify that changed the Uniform Formulary process would be selected carefully. Third, the physician reimbursement add-on under 32 CFR 199.21(e) by authorizing because only the add-on payment, not would be six percent of the median the exclusion of any pharmaceutical the underlying payment for the drug within a product class. agent that provides very little or no

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clinical effectiveness relative to similar Executive Order 12866, ‘‘Regulatory avoidance was $1.5M/drug/year, with a agents, and preferential status for Planning and Review,’’ Executive Order more conservative cost avoidance of pharmaceutical agents that have 13563, ‘‘Improving Regulation and $1M/drug/year. When fully enhanced clinical effectiveness relative Regulatory Review,’’ and Executive implemented, this new process could to similar agents. Order 13771, ‘‘Reducing Regulation and average 30 drugs per year at a Controlling Regulatory Costs’’ conservative cost avoidance of $1M/ 3. Pharmaceutical Agents as Part of drug/year. Medical Services. Based on 10 U.S.C. Executive Orders 12866 (Regulatory 1079(q), as added by Section 702(b)(2) Planning and Review) and 13563 Congressional Review Act, 5 U.S.C. of NDAA FY18, we changed provisions (Improving Regulation and Regulatory 804(2) Review) direct agencies to assess the of 32 CFR 199.14 to authorize the Pursuant to the Congressional Review costs and benefits of available regulatory adoption of special reimbursement Act (5 U.S.C. 801 et seq.), the Office of alternatives and, if regulation is methods, amounts and procedures to Information and Regulatory Affairs necessary, to select regulatory encourage the use of high value designated this rule as not a major rule, approaches that maximize net benefits products and discourage the use of low as defined by 5 U.S.C. 804(2). (including potential economic, value products—both relative to similar environmental, public health and safety Public Law 96–354, ‘‘Regulatory agents—in connection with effects, distributive impacts, and Flexibility Act’’ (RFA), (5 U.S.C. 601) pharmaceutical agents provided as part equity). Executive Order 13563 The RFA requires that each Federal of outpatient medical services covered emphasizes the importance of by TRICARE. agency analyze options for regulatory quantifying both costs and benefits, of relief of small businesses if a rule has a II. Provisions of Final Rule reducing costs, of harmonizing rules, significant impact on a substantial and of promoting flexibility. This rule number of small entities. For purposes As a result of one public comment has been designated as a ‘‘not of the RFA, small entities include small noting that DoD’s changes to significant’’ regulatory action, and not businesses, nonprofit organizations, and reimbursement amounts should be economically significant, under section small governmental jurisdictions. This made through rulemaking rather than 3(f) of Executive Order 12866. final rule is not an economically guidance the final rule has been revised Accordingly, the rule has not been significant regulatory action, and it will to specify that the Director should be reviewed by the Office of Management not have a significant impact on a able to adopt an add-on amount equal and Budget (OMB) under the substantial number of small entities. to six percent of the median amounts for requirements of these Executive Orders. Therefore, this rule is not subject to the products within a class of products. As Executive Order 13771 (Reducing requirements of the RFA. a result, the TRICARE reimbursement Regulation and Controlling Regulatory Public Law 104–4, Sec. 202, ‘‘Unfunded amount for products within a class of Costs) directs agencies to reduce Mandates Reform Act’’ products would be equal to the average regulation and control regulatory costs and provides that ‘‘for every one new sales price plus six percent of the Section 202 of the Unfunded regulation issued, at least two prior median average sales price of products Mandates Reform Act of 1995 also regulations be identified for elimination, in that class. requires that agencies assess anticipated and that the cost of planned regulations costs and benefits before issuing any III. Regulatory Procedures be prudently managed and controlled rule whose mandates require spending through a budgeting process.’’ This rule in any one year of $100M in 1995 Executive Order (E.O.) 13771, is not subject to the requirements of this dollars, updated annually for inflation. ‘‘Reducing Regulation and Controlling Executive order because it is not That threshold level is currently Regulatory Costs’’ significant under Executive Order approximately $140M. This final rule 12866. will not mandate any requirements for E.O. 13771 seeks to control costs Additionally, the economic effect of associated with the government state, local, or tribal governments or the these changes is limited to government private sector. imposition of private expenditures reimbursements to health care required to comply with Federal providers/suppliers that under Circular Public Law 96–511, ‘‘Paperwork regulations and to reduce regulations A–4 are not considered as costs imposed Reduction Act’’ (44 U.S.C. Chapter 35) that impose such costs. Consistent with on the economy. The expected This rulemaking does not contain a the analysis of transfer payments under reduction in government payments to ‘‘collection of information’’ OMB Circular A–4, this final rule does pharmaceutical companies is based on requirement, and will not impose not involve regulatory costs subject to some predicted increase in use of higher additional information collection E.O. 13771. Rather, this final rule affects value medications and a corresponding requirements on the public under Public only health care reimbursement decrease in the use of lower value Law 96–511, ‘‘Paperwork Reduction payments under the TRICARE program. medications in drug classes where Act’’ (44 U.S.C. chapter 35). Aside from the ‘‘housekeeping’’ change different drugs have comparable clinical Executive Order 13132, ‘‘Federalism’’ to the regulation to incorporate the effect. The expected value of this shift updated copayment amounts enacted by in use of some medications—i.e., the This final rule has been examined for Congress, the final rule makes two quantity of the transfer payments—is its impact under E.O. 13132, and it does changes to the program: A new $30 million per year. not contain policies that have authority under the Uniform Formulary An initial analysis identified a sample federalism implications that would have process and revised payment authority group of candidate drugs that do not substantial direct effects on the States, for pharmaceutical agents as part of offer additional therapeutic benefit over on the relationship between the medical services. other formulary items. By comparing the National Government and the States, or current costs to those of a lower-priced on the distribution of powers and comparator and assuming similar responsibilities among the various utilization rates, the average cost levels of Government. Therefore,

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consultation with State and local Dated: May 7, 2020. § Section officials is not required. Aaron T. Siegel, U.S.C. United States Code List of Subjects in 32 CFR Part 199 Alternate OSD Federal Register Liaison II. Background Information and Officer, Department of Defense. Regulatory History Claims, Dental health, Health care, [FR Doc. 2020–10215 Filed 6–2–20; 8:45 am] The Coast Guard is issuing this Health insurance, Individuals with BILLING CODE 5001–06–P temporary rule without prior notice and disabilities, Mental health, Mental opportunity to comment pursuant to health parity, Military personnel. authority under section 4(a) of the Accordingly, the interim final rule DEPARTMENT OF HOMELAND Administrative Procedure Act (APA) (5 amending 32 CFR part 199 which SECURITY U.S.C. 553(b)). This provision published at 83 FR 63574–63578 on authorizes an agency to issue a rule Coast Guard December 11, 2018, is adopted as final without prior notice and opportunity to with the following changes: comment when the agency for good 33 CFR Part 165 cause finds that those procedures are PART 199—[AMENDED] [Docket Number USCG–2020–0283] ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. ■ 1. The authority citation for part 199 RIN 1625–AA00 553(b)(B), the Coast Guard finds that continues to read as follows: Safety Zone; Pier 45 Fire Cleanup and good cause exists for not publishing a Authority: 5 U.S.C. 301; 10 U.S.C. chapter Potential Marine Debris, San Francisco notice of proposed rulemaking with 55. Bay, San Francisco, CA respect to this rule because it is impracticable. The Coast Guard received ■ 2. Amend § 199.14 by revising AGENCY: Coast Guard, DHS. notice of the need for this safety zone on paragraph (j)(1)(xi) to read as follows: ACTION: Temporary final rule. May 26, 2020. It is impracticable to go through the full rulemaking process, § 199.14 Provider reimbursement SUMMARY: The Coast Guard is including providing a reasonable methods. establishing a temporary safety zone on comment period and considering those * * * * * the navigable waters of San Francisco comments, because the Coast Guard (j) * * * Bay around Pier 45 due to emergency must establish this temporary safety (1) * * * response and associated marine debris zone by May 29, 2020. as a result of a fire on May 23, 2020. The Coast Guard previously issued a (xi) Pharmaceutical agents utilized as This safety zone is necessary to protect temporary final rule for an emergency part of medically necessary medical personnel, vessels, and the marine safety zone effective from May 23, 2020 services. In general, the TRICARE- environment from potential hazards until May 29, 2020 (Docket number determined allowed amount shall be created by the presence of marine debris USCG–2020–0007). The Port of San equal to an amount determined to be and the inability to mark the debris. Francisco has indicated that emergency appropriate, to the extent practicable, in Unauthorized persons or vessels are cleanup and the potential presence of accordance with the same prohibited from entering into, transiting associated marine debris from the fire at reimbursement rules as apply to through, or remaining in the safety zone Pier 45 will continue beyond May 29, payments for similar services under without permission of the Captain of the 2020. Medicare. Under the authority of 10 Port San Francisco or a designated Under 5 U.S.C. 553(d)(3), the Coast U.S.C. 1079(q), in the case of any representative. Guard finds that good cause exists for pharmaceutical agent utilized as part of making this rule effective less than 30 DATES: This temporary final rule is medically necessary medical services, days after publication in the Federal effective without actual notice from the Director may adopt special Register. Delaying the effective date of June 3, 2020 through June 30, 2020. For reimbursement methods, amounts, and this rule would be impracticable the purposes of enforcement, actual procedures to encourage the use of high- because immediate action is needed to notice will be used from May 29, 2020 value products and discourage the use protect personnel, vessels, and the through June 3, 2020. of low-value products, as determined by marine environment from potential the Director. For this purpose, the ADDRESSES: To view documents hazards created by the emergency Director may obtain recommendations mentioned in this preamble as being response and the presence of marine from the Pharmaceutical and available in the docket, go to http:// debris. Therapeutics Committee under § 199.21 www.regulations.gov, type USCG–2020– or other entities as the Director, DHA 0283 in the ‘‘SEARCH’’ box and click III. Legal Authority and Need for Rule deems appropriate with respect to the ‘‘SEARCH.’’ Click on Open Docket The Coast Guard is issuing this rule relative value of products in a class of Folder on the line associated with this under authority 46 U.S.C. 70034 products subject to this paragraph rule. (previously 33 U.S.C. 1231). The (j)(1)(xi). Among the special FOR FURTHER INFORMATION CONTACT: If Captain of the Port San Francisco has reimbursement methods the Director you have questions on this rule, call or determined that potential hazards may choose to adopt under this email Lieutenant Emily Rowan, U.S. associated with the emergency response paragraph (j)(1)(xi) is to reimburse the Coast Guard Sector San Francisco; and associated marine debris related to average sales price of a product plus six telephone (415) 399–7443, email the May 23, 2020 fire and identified percent of the median of the average [email protected]. then as potentially dangerous, will be a sales prices of products in the product SUPPLEMENTARY INFORMATION: safety concern for anyone within a 150- class or category. The Director shall yard radius around Pier 45, San issue guidance regarding the special I. Table of Abbreviations Francisco, CA. For this reason, this reimbursement methods adopted and CFR Code of Federal Regulations temporary safety zone is needed to the appropriate reimbursement rates. COTP Captain of the Port San Francisco protect personnel, vessels, and the * * * * * DHS Department of Homeland Security marine environment in the navigable

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waters surrounding the marine debris ensure the safety zone will result in D. Federalism and Indian Tribal and ongoing response operations near minimum impact. Additionally, the Governments Pier 45, San Francisco, CA. vessels desiring to transit through or A rule has implications for federalism around the temporary safety zone may IV. Discussion of the Rule under Executive Order 13132, do so upon express permission from the This rule establishes a temporary Federalism, if it has a substantial direct COTP or the COTP’s designated effect on the States, on the relationship safety zone around Pier 45 in support of representative. ongoing fire emergency response between the national government and cleanup and associated marine debris B. Impact on Small Entities the States, or on the distribution of from May 29, 2020 through June 30, power and responsibilities among the The Regulatory Flexibility Act of various levels of government. We have 2020. The safety zone will encompass 1980, 5 U.S.C. 601–612, as amended, the navigable waters of San Francisco analyzed this rule under that Order and requires federal agencies to consider the have determined that it is consistent Bay, from surface to bottom, within a potential impact of regulations on small 150-yard radius around Pier 45, San with the fundamental federalism entities during rulemaking. The term principles and preemption requirements Francisco, CA. ‘‘small entities’’ comprises small This regulation is needed to keep described in Executive Order 13132. businesses, not-for-profit organizations persons and vessels away from the Also, this rule does not have tribal that are independently owned and immediate vicinity of the ongoing implications under Executive Order operated and are not dominant in their response efforts and marine debris to 13175, Consultation and Coordination fields, and governmental jurisdictions ensure the safety of personnel, vessels, with Indian Tribal Governments, with populations of less than 50,000. and the marine environment. Except for because it does not have a substantial The Coast Guard certifies under 5 U.S.C. persons or vessels authorized by the direct effect on one or more Indian 605(b) that this rule will not have a COTP or the COTP’s designated tribes, on the relationship between the significant economic impact on a representative, no person or vessel may Federal Government and Indian tribes, substantial number of small entities. enter or remain in the restricted area. A or on the distribution of power and ‘‘designated representative’’ means a While some owners or operators of responsibilities between the Federal Coast Guard Patrol Commander, vessels intending to transit the Government and Indian tribes. If you including a Coast Guard coxswain, petty temporary safety zone may be small believe this rule has implications for officer, or other officer operating a Coast entities, for the reasons stated in section federalism or Indian tribes, please Guard vessel or a Federal, State, or local V.A. above, this rule will not have a contact the person listed in the FOR officer designated by or assisting the significant economic impact on any FURTHER INFORMATION CONTACT section COTP in the enforcement of the safety vessel owner or operator. above. zone. Under section 213(a) of the Small E. Unfunded Mandates Reform Act V. Regulatory Analyses Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), The Unfunded Mandates Reform Act We developed this rule after we want to assist small entities in of 1995 (2 U.S.C. 1531–1538) requires considering numerous statutes and understanding this rule. If the rule Federal agencies to assess the effects of executive orders related to rulemaking. would affect your small business, their discretionary regulatory actions. In Below we summarize our analyses organization, or governmental particular, the Act addresses actions based on a number of these statutes and jurisdiction and you have questions that may result in the expenditure by a Executive orders, and we discuss First concerning its provisions or options for State, local, or tribal government, in the Amendment rights of protestors. compliance, please contact the person aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or listed in the FOR FURTHER INFORMATION A. Regulatory Planning and Review more in any one year. Though this rule CONTACT section. Executive Orders 12866 and 13563 will not result in such an expenditure, direct agencies to assess the costs and Small businesses may send comments we do discuss the effects of this rule benefits of available regulatory on the actions of Federal employees elsewhere in this preamble. alternatives and, if regulation is who enforce, or otherwise determine F. Environment necessary, to select regulatory compliance with, Federal regulations to approaches that maximize net benefits. the Small Business and Agriculture We have analyzed this rule under Executive Order 13771 directs agencies Regulatory Enforcement Ombudsman Department of Homeland Security to control regulatory costs through a and the Regional Small Business Directive 023–01 and U.S. Coast Guard budgeting process. This rule has not Regulatory Fairness Boards. The Environmental Planning Policy, been designated a ‘‘significant Ombudsman evaluates these actions COMDTINST 5090.1 (series), which regulatory action,’’ under Executive annually and rates each agency’s guide the Coast Guard in complying Order 12866. Accordingly, this rule has responsiveness to small business. If you with the National Environmental Policy not been reviewed by the Office of wish to comment on actions by Act of 1969 (42 U.S.C. 4321–4370f), and Management and Budget (OMB), and employees of the Coast Guard, call 1– have determined that this action is one pursuant to OMB guidance it is exempt 888–REG–FAIR (1–888–734–3247). The of a category of actions that do not from the requirements of Executive Coast Guard will not retaliate against individually or cumulatively have a Order 13771. small entities that question or complain significant effect on the human This regulatory action determination about this rule or any policy or action environment. This rule involves a safety is based on the limited duration and of the Coast Guard. zone established to deal with an narrowly tailored geographic area of the C. Collection of Information emergency situation that will prohibit safety zone. Although this rule restricts entry to the area surrounding Pier 45, access to the water encompassed by the This rule will not call for a new which is the site of ongoing emergency safety zone, the effect of this rule will collection of information under the response and potential associated not be significant because the local Paperwork Reduction Act of 1995 (44 marine debris. It is categorically waterway users will be notified to U.S.C. 3501–3520). excluded from further review under

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paragraph L60(a) in Table 3–1 of contact the COTP or the COTP’s website. Although listed in the index, Department of Homeland Security designated representative to obtain some information is not publicly Directive 023–01. A Record of permission to do so. Vessel operators available, e.g., Confidential Business Environmental Consideration given permission to enter or operate in Information or other information whose supporting this determination is the safety zone must comply with all disclosure is restricted by statute. available in the docket where indicated lawful orders or directions given to Certain other material, such as under ADDRESSES. them by the COTP or the COTP’s copyrighted material, is not placed on G. Protest Activities designated representative. Persons and the internet. Publicly available docket vessels may request permission to enter materials are available electronically The Coast Guard respects the First the safety zone on VHF–23A or through through https://www.regulations.gov. Amendment rights of protesters. the 24-hour Command Center at FOR FURTHER INFORMATION CONTACT: Protesters are asked to contact the telephone (415) 399–3547. Sherry Fuerst, EPA Region 6 Office, person listed in the FOR FURTHER (d) Enforcement period. This section Infrastructure & Ozone Section, 214– INFORMATION CONTACT section to will be enforced from May 29, 2020 665–6454, [email protected]. Out of coordinate protest activities so that your through June 30, 2020. an abundance of caution for members of message can be received without (e) Information broadcasts. The COTP the public and our staff, the EPA Region jeopardizing the safety or security of or the COTP’s designated representative 6 office will be closed to the public to people, places or vessels. will notify the maritime community of reduce the risk of transmitting COVID– List of Subjects in 33 CFR Part 165 periods during which this zone will be 19. Please call or email the contact enforced in accordance with 33 CFR listed above if you need alternative Harbors, Marine safety, Navigation 165.7. (water), Reporting and recordkeeping access to material indexed but not requirements, Security measures, Dated: May 28, 2020. provided in the docket. Waterways. Marie B. Byrd, SUPPLEMENTARY INFORMATION: For the reasons discussed in the Captain, U.S. Coast Guard, Captain of the Throughout this document ‘‘we,’’ ‘‘us,’’ preamble, the Coast Guard amends 33 Port, San Francisco. and ‘‘our’’ means the EPA. [FR Doc. 2020–12085 Filed 6–2–20; 8:45 am] CFR part 165 as follows: I. Background BILLING CODE 9110–04–P PART 165—REGULATED NAVIGATION The background for this action is AREAS AND LIMITED ACCESS AREAS discussed in detail in our February 28, ENVIRONMENTAL PROTECTION 2020, proposal (85 FR 11931). In that ■ 1. The authority citation for part 165 AGENCY action we proposed to approve the continues to read as follows: State’s February 7, 2019, SIP submittal, Authority: 46 U.S.C. 70034, 70051; 33 CFR 40 CFR Part 52 and portions of the State’s November 8, 1.05–1, 6.04–1, 6.04–6, and 160.5; 2019, SIP submittal pursuant to the Department of Homeland Security Delegation [EPA–R06–OAR–2019–0211; FRL–10008– 61–Region 6] requirements of CAA sections 110(a)(1) No. 0170.1. and 110(a)(2)(A) through (C), and (H) ■ 2. Add § 165.T11–027 to read as Air Plan Approval; Louisiana; through (M). We also proposed follows: Infrastructure for the 2015 Ozone approving the Louisiana SIP for compliance with CAA sections § 165.T11–027 Safety Zone; Pier 45 Fire National Ambient Air Quality Cleanup and Potential Marine Debris, San Standards 110(a)(2)(D)(i)(II), Interference with Francisco Bay, San Francisco, CA. Prevention of Significant Deterioration AGENCY: Environmental Protection and 110(a)(2)(D)(ii), Interstate Pollution (a) Location. The following area is a Agency (EPA). safety zone: All navigable waters of San Abatement (which refers to CAA section ACTION: Final rule. Francisco Bay, from surface to bottom, 126) and International Air Pollution (which refers to CAA section 115). We 150 yards surrounding Pier 45, San SUMMARY: Pursuant to the Federal Clean Francisco, CA. did not propose action on the remaining Air Act (CAA or the Act), the portions of the November 8, 2019, (b) Definitions. As used in this Environmental Protection Agency (EPA) section, ‘‘designated representative’’ submittal addressing CAA section is approving elements of two State 110(a)(2)(D)(i)(I), and 110(a)(2)(D)(i)(II) means a Coast Guard Patrol Implementation Plan (SIP) submittals Commander, including a Coast Guard (visibility protection portion), which from Louisiana for the 2015 ozone will be addressed in separate, coxswain, petty officer, or other officer National Ambient Air Quality Standards operating a Coast Guard vessel or a subsequent actions. We did not receive (NAAQS). The submittals address how any comments regarding our proposal. Federal, State, or local officer the existing SIP provides for the designated by or assisting the Captain of implementation, maintenance, and II. Final Action the Port San Francisco (COTP) in the enforcement of the 2015 ozone NAAQS The EPA is approving the February 7, enforcement of the safety zone. (infrastructure SIP or i-SIP). The i-SIP (c) Regulations. (1) Under the general 2019, SIP submittal, and portions of the ensures that the Louisiana SIP is safety zone regulations in subpart B of November 8, 2019, SIP submittal for adequate to meet the state’s this part, you may not enter the safety Louisiana pursuant to the requirements responsibilities under the CAA for this zone described in paragraph (a) of this of CAA sections 110(a)(1) and NAAQS. section unless authorized by the COTP 110(a)(2)(A) through (C), or the COTP’s designated representative. DATES: This rule is effective on July 6, 110(a)(2)(D)(i)(II) (the Prevention of (2) The safety zone is closed to all 2020. Significant Deterioration portion), vessel traffic, except as may be ADDRESSES: The EPA has established a 110(a)(2)(D)(ii), 110(a)(2)(E) through (H) permitted by the COTP or the COTP’s docket for this action under Docket ID and 110(a)(2)(J) through (M). The designated representative. No. EPA–R06–OAR–2019–0211. All submission addressed how Louisiana’s (3) Vessel operators desiring to enter documents in the docket are listed on existing SIP provides for or operate within the safety zone must the https://www.regulations.gov implementation, maintenance, and

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enforcement of the 2015 Ozone NAAQS. safety risks subject to Executive Order Under section 307(b)(1) of the Clean This action is being taken under section 13045 (62 FR 19885, April 23, 1997); Air Act, petitions for judicial review of 110 of the Act. • Is not a significant regulatory action this action must be filed in the United States Court of Appeals for the III. Statutory and Executive Order subject to Executive Order 13211 (66 FR appropriate circuit by August 3, 2020. Reviews 28355, May 22, 2001); • Is not subject to requirements of Filing a petition for reconsideration by Under the CAA, the Administrator is section 12(d) of the National the Administrator of this final rule does required to approve a SIP submission Technology Transfer and Advancement not affect the finality of this action for that complies with the provisions of the Act of 1995 (15 U.S.C. 272 note) because the purposes of judicial review nor does Act and applicable Federal regulations. application of those requirements would it extend the time within which a 42 U.S.C. 7410(k); 40 CFR 52.02(a). be inconsistent with the CAA; and petition for judicial review may be filed, Thus, in reviewing SIP submissions, the • Does not provide EPA with the and shall not postpone the effectiveness EPA’s role is to approve state choices, discretionary authority to address, as of such rule or action. This action may provided that they meet the criteria of appropriate, disproportionate human not be challenged later in proceedings to the CAA. Accordingly, this action health or environmental effects, using enforce its requirements. (See section merely approves state law as meeting practicable and legally permissible 307(b)(2). Federal requirements and does not methods, under Executive Order 12898 List of Subjects in 40 CFR Part 52 impose additional requirements beyond (59 FR 7629, February 16, 1994). those imposed by state law. For that In addition, the SIP is not approved Environmental protection, Air reason, this action: to apply on any Indian reservation land pollution control, Incorporation by • Is not a ‘‘significant regulatory or in any other area where EPA or an reference, Ozone. action’’ subject to review by the Office Indian tribe has demonstrated that a of Management and Budget under Dated: May 5, 2020. tribe has jurisdiction. In those areas of Executive Orders 12866 (58 FR 51735, Kenley McQueen, Indian country, the rule does not have October 4, 1993) and 13563 (76 FR 3821, Regional Administrator, Region 6. tribal implications and will not impose January 21, 2011); For the reasons stated in the • Is not an Executive Order 13771 (82 substantial direct costs on tribal governments or preempt tribal law as preamble, amend 40 CFR part 52 as FR 9339, February 2, 2017) regulatory follows: action because SIP approvals are specified by Executive Order 13175 (65 exempted under Executive Order 12866; FR 67249, November 9, 2000). PART 52—APPROVAL AND • Does not impose an information The Congressional Review Act, 5 PROMULGATION OF collection burden under the provisions U.S.C. 801 et seq., as added by the Small IMPLEMENTATION PLANS of the Paperwork Reduction Act (44 Business Regulatory Enforcement U.S.C. 3501 et seq.); Fairness Act of 1996, generally provides ■ 1. The authority citation for part 52 • Is certified as not having a that before a rule may take effect, the continues to read as follows: agency promulgating the rule must significant economic impact on a Authority: 42 U.S.C. 7401 et seq. substantial number of small entities submit a rule report, which includes a under the Regulatory Flexibility Act (5 copy of the rule, to each House of the Subpart T—Louisiana U.S.C. 601 et seq.); Congress and to the Comptroller General • Does not contain any unfunded of the United States. EPA will submit a ■ 2. In § 52.970, in paragraph (e), amend mandate or significantly or uniquely report containing this action and other the table titled ‘‘EPA Approved affect small governments, as described required information to the U.S. Senate, Louisiana Provisions and Quasi- in the Unfunded Mandates Reform Act the U.S. House of Representatives, and Regulatory Measures by adding an entry of 1995 (Pub. L. 104–4); the Comptroller General of the United for ‘‘Infrastructure for the 2015 Ozone • Does not have federalism States prior to publication of the rule in NAAQS’’ at the end of the table to read implications as specified in Executive the Federal Register. A major rule as follows: Order 13132 (64 FR 43255, August 10, cannot take effect until 60 days after it 1999); is published in the Federal Register. § 52.970 Identification of Plan. • Is not an economically significant This action is not a ‘‘major rule’’ as * * * * * regulatory action based on health or defined by 5 U.S.C. 804(2). (e) * * *

EPA APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Applicable geographic Name of SIP provision or State submittal/ EPA approval date Comments nonattainment area effective date

******* Infrastructure for the Statewide ...... 2/7/19, 11/8/19 ...... 6/3/2020, [Insert Fed- Approval for 110(a)(2)(A), (B), (C), (D)(i)(I) 2015 Ozone NAAQS. eral Register cita- (portion pertaining to PSD), D(ii), (E), (F), tion]. (G), (H), (J), (K), (L) and (M).

[FR Doc. 2020–10064 Filed 6–2–20; 8:45 am] BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION 2020 proposal (85 FR 11928). In that accordance with requirements of 1 CFR AGENCY document, we proposed to approve the 51.5, the EPA is finalizing the Louisiana SIP revisions submitted on incorporation by reference the revisions 40 CFR Part 52 May 30, 2019 by the State that (1) to the Louisiana regulations as [EPA–R06–OAR–2019–0496; FRL–10008– remove from the SIP the requirement to described in the Final Action section 75–Region 6] implement Stage II vapor recovery in above. The EPA has made, and will the 6-Parish Area and (2) provide continue to make, these materials Air Plan Approval; Louisiana; decommissioning procedures that generally available through Withdrawal of Stage II Vapor Recovery existing GDFs in the 6-Parish Area shall www.regulations.gov (please contact the Systems Requirements complete within 18 months of the person identified in the FOR FURTHER effective date of EPA’s approval of this INFORMATION CONTACT section of this AGENCY: Environmental Protection final rule. The removal of the Stage II preamble for more information). Agency (EPA). requirements is possible because on- Therefore, these materials have been ACTION: Final rule. board vapor recovery is now in approved by EPA for inclusion in the SUMMARY: Pursuant to the Federal Clean widespread use in the vehicle fleet. The SIP, have been incorporated by Air Act (CAA or the Act), the revisions to the SIP also include a reference by EPA into that plan, are Environmental Protection Agency (EPA) demonstration that the removal of Stage fully federally enforceable under is approving a revision to the Louisiana II equipment in the 6-Parish Area is sections 110 and 113 of the CAA as of State Implementation Plan (SIP) consistent with section 110(l) of the Act the effective date of the final rulemaking submitted by the State of Louisiana which precludes approval of revisions of EPA’s approval, and will be (‘‘State’’) on May 30, 2019 that pertains to the SIP that contribute to incorporated in the next update to the to gasoline dispensing facilities (GDFs) nonattainment or interfere with SIP compilation. in the parishes of Ascension, East Baton maintenance of any National Ambient Air Quality Standard. IV. Statutory and Executive Order Rouge, Iberville, Livingston, West Baton Reviews Rouge, and Pointe Coupee (‘‘the 6- Our February 28, 2020 proposal Parish Area’’). The SIP revision EPA is provided a detailed description of the Under the CAA, the Administrator is approving removes from the SIP the revisions and the rationale for EPA’s required to approve a SIP submission requirement to install Stage II vapor proposed actions, together with a that complies with the provisions of the recovery systems and includes discussion of the opportunity to Act and applicable Federal regulations. requirements for the decommissioning comment. The public comment period 42 U.S.C. 7410(k); 40 CFR 52.02(a). of existing Stage II equipment at GDFs for these actions closed on March 30, Thus, in reviewing SIP submissions, the in the 6-Parish Area. 2020. We received a comment of EPA’s role is to approve state choices, support on our proposal from a private DATES: This rule is effective on July 6, provided that they meet the criteria of citizen, which is posted in the docket 2020. the CAA. Accordingly, this action for this action. See the docket for this merely approves state law as meeting ADDRESSES: The EPA has established a rulemaking and our proposal at 85 FR Federal requirements and does not docket for this action under Docket ID 11928 for more information. impose additional requirements beyond No. EPA–R06–OAR–2019–0496. All We did not receive adverse comments those imposed by state law. For that documents in the docket are listed on regarding our proposal. Therefore, we reason, this action: the https://www.regulations.gov are finalizing our action as proposed. • Is not a ‘‘significant regulatory website. Although listed in the index, action’’ subject to review by the Office some information is not publicly II. Final Action of Management and Budget under available, e.g., Confidential Business We are approving revisions to the Executive Orders 12866 (58 FR 51735 Information or other information whose Louisiana SIP that control emissions of (October 4, 1993)) and 13563 (76 FR disclosure is restricted by statute. VOCs and pertain to the removal of 3821 (January 21, 2011)); Certain other material, such as Stage II vapor recovery equipment • Is not an Executive Order 13771 (82 copyrighted material, is not placed on submitted on May 30, 2019. FR 9339 (February 2, 2017)) regulatory the internet. Publicly available docket Specifically, we are approving the action because SIP approvals are materials are available electronically revisions at Title 33 of the Louisiana Air exempted under Executive Order 12866; through https://www.regulations.gov. Code, Part III, Chapter 21 (denoted LAC • Does not impose an information FOR FURTHER INFORMATION CONTACT: 33:III.2132), subsections B–F and J that collection burden under the provisions Wendy Jacques, EPA Region 6 Office, remove from the SIP the requirement to of the Paperwork Reduction Act (44 Infrastructure & Ozone Section, 214– implement Stage II from Ascension, East U.S.C. 3501 et seq.); 665–7395, [email protected]. Out Baton Rouge, Iberville, Livingston, • Is certified as not having a of an abundance of caution for members Pointe Coupee, and West Baton Rouge significant economic impact on a of the public and our staff, the EPA parishes and address the substantial number of small entities Region 6 office will be closed to the decommissioning of Stage II equipment. under the Regulatory Flexibility Act (5 public to reduce the risk of transmitting We are also approving related revisions U.S.C. 601 et seq.); COVID–19. Please call or email the to the Stage II SIP narrative that address • Does not contain any unfunded contact listed above if you need the maintenance and removal of Stage II mandate or significantly or uniquely alternative access to material indexed equipment, and demonstrate that the affect small governments, as described but not provided in the docket. removal of, or failure to install Stage II in the Unfunded Mandates Reform Act SUPPLEMENTARY INFORMATION: equipment in the 6-Parish Area, meets of 1995 (Pub. L. 104–4); Throughout this document ‘‘we,’’ ‘‘us,’’ section 110(l) of the Act. • Does not have federalism and ‘‘our’’ means the EPA. implications as specified in Executive III. Incorporation by Reference Order 13132 (64 FR 43255 (August 10, I. Background In this rule, the EPA is finalizing 1999)); The background for this action is regulatory text that includes • Is not an economically significant discussed in detail in our February 28, incorporation by reference. In regulatory action based on health or

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safety risks subject to Executive Order submit a rule report, which includes a reference, Intergovernmental relations, 13045 (62 FR 19885 (April 23, 1997)); copy of the rule, to each House of the Ozone, Volatile organic compounds. • Is not a significant regulatory action Congress and to the Comptroller General Dated: May 5, 2020. subject to Executive Order 13211 (66 FR of the United States. EPA will submit a Kenley McQueen, 28355 (May 22, 2001)); report containing this action and other Regional Administrator, Region 6. • Is not subject to requirements of required information to the U.S. Senate, section 12(d) of the National the U.S. House of Representatives, and For the reasons stated in the Technology Transfer and Advancement the Comptroller General of the United preamble, amend 40 CFR part 52 as Act of 1995 (15 U.S.C. 272 note) because States prior to publication of the rule in follows: application of those requirements would the Federal Register. A major rule PART 52—APPROVAL AND be inconsistent with the CAA; and cannot take effect until 60 days after it PROMULGATION OF • Does not provide EPA with the is published in the Federal Register. IMPLEMENTATION PLANS discretionary authority to address, as This action is not a ‘‘major rule’’ as appropriate, disproportionate human defined by 5 U.S.C. 804(2). ■ 1. The authority citation for part 52 health or environmental effects, using Under section 307(b)(1) of the Clean continues to read as follows: practicable and legally permissible Air Act, petitions for judicial review of methods, under Executive Order 12898 Authority: 42 U.S.C. 7401 et seq. this action must be filed in the United (59 FR 7629 (February 16, 1994)). States Court of Appeals for the Subpart T—Louisiana In addition, the SIP is not approved appropriate circuit by August 3, 2020. to apply on any Indian reservation land Filing a petition for reconsideration by ■ 2. In § 52.970: or in any other area where EPA or an the Administrator of this final rule does ■ a. In paragraph (c) amend the table by Indian tribe has demonstrated that a revising the entry for ‘‘Section 2132’’; tribe has jurisdiction. In those areas of not affect the finality of this action for the purposes of judicial review nor does and Indian country, the proposed rule does ■ it extend the time within which a b. In paragraph (e) amend the table not have tribal implications and will not titled ‘‘EPA Approved Nonregulatory impose substantial direct costs on tribal petition for judicial review may be filed, and shall not postpone the effectiveness Provisions and Quasi-Regulatory governments or preempt tribal law as Measures’’ by adding an entry for ‘‘Stage specified by Executive Order 13175 (65 of such rule or action. This action may not be challenged later in proceedings to II Vapor Recovery Program SIP’’ at the FR 67249 (November 9, 2000)). end of the table. enforce its requirements. (See section The Congressional Review Act, 5 The revision and addition read as 307(b)(2).) U.S.C. 801 et seq., as added by the Small follows: Business Regulatory Enforcement List of Subjects in 40 CFR Part 52 Fairness Act of 1996, generally provides § 52.970 Identification of plan that before a rule may take effect, the Environmental protection, Air * * * * * agency promulgating the rule must pollution control, Incorporation by (c) * * *

EPA APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP

State State citation Title/subject approval EPA approval date Comments date

*******

Chapter 21—Control of Emissions of Organic Compounds

*******

Subchapter F Gasoline Handling

******* Section 2132 ...... Stage II Vapor Recovery Systems 7/20/2018 6/3/2020, [Insert Federal Register for Control of Vehicle Refueling citation]. Emissions at Gasoline Dis- pensing Facilities.

*******

* * * * * (e) ** *

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EPA APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Applicable State Name of SIP geographic or submittal/ provision nonattainment effective EPA approval date Explanation area date

******* Stage II Vapor Recovery Decom- Statewide ...... 5/30/2019 6/3/2020, [Insert Federal Register missioning. citation].

[FR Doc. 2020–09948 Filed 6–2–20; 8:45 am] BILLING CODE 6560–50–P

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Proposed Rules Federal Register Vol. 85, No. 107

Wednesday, June 3, 2020

This section of the FEDERAL REGISTER EERE–2020–BT–TP–0011 in the subject Telephone: (202) 586–8145. Email: contains notices to the public of the proposed line of the message. [email protected]. issuance of rules and regulations. The 3. Postal Mail: Appliance and For further information on how to purpose of these notices is to give interested Equipment Standards Program, U.S. submit a comment or review other persons an opportunity to participate in the Department of Energy, Building public comments and the docket, rule making prior to the adoption of the final contact the Appliance and Equipment rules. Technologies Office, Mailstop EE–5B, 1000 Independence Avenue SW, Standards Program staff at (202) 287– Washington, DC 20585–0121. 1445 or by email: DEPARTMENT OF ENERGY Telephone: (202) 287–1445. If possible, ApplianceStandardsQuestions@ please submit all items on a compact ee.doe.gov. 10 CFR Part 431 disc (‘‘CD’’), in which case it is not SUPPLEMENTARY INFORMATION: necessary to include printed copies. [EERE–2020–BT–TP–0011] Table of Contents 4. Hand Delivery/Courier: Appliance RIN 1904–AE62 and Equipment Standards Program, U.S. I. Introduction Department of Energy, Building A. Authority and Background Energy Conservation Program: Test B. Rulemaking History Procedure for Electric Motors Technologies Office, 950 L’Enfant Plaza SW, Suite 600, Washington, DC 20024. II. Request for Information AGENCY: Office of Energy Efficiency and A. Scope and Definitions Telephone: (202) 287–1445. If possible, B. Test Procedure Renewable Energy, Department of please submit all items on a CD, in 1. Updates to Industry Standards Energy. which case it is not necessary to include 2. Temperature Rise Measurement Location ACTION: Request for information. printed copies. 3. Rated Motor Horsepower No telefacsimilies (‘‘faxes’’) will be 4. Rated Values Specified for Testing SUMMARY: The U.S. Department of accepted. For detailed instructions on C. Other Test Procedure Topics Energy is soliciting public comment to submitting comments and additional III. Submission of Comments consider whether to amend DOE’s test information on this process, see section procedures for electric motors. To I. Introduction III of this document. inform interested parties and to Electric motors are included in the list facilitate this process, this document Docket: The docket for this activity, of ‘‘covered equipment’’ for which the identifies several issues concerning the which includes Federal Register Department of Energy (‘‘DOE’’) is current test procedures on which notices, comments, and other authorized to establish and amend comment is sought and invites public supporting documents/materials, is energy conservation standards and test comment on any relevant topic available for review at http:// procedures. (42 U.S.C. 6311(1)(A)) (including those that have not been www.regulations.gov. All documents in DOE’s test procedures for electric specifically raised). While the issues the docket are listed in the http:// motors are prescribed at Appendix B to outlined in this document focus on how www.regulations.gov index. However, Subpart B of 10 CFR part 431 to address recent industry testing some documents listed in the index, (‘‘Appendix B’’). The following sections standard updates and the potential such as those containing information discuss DOE’s authority to establish and clarification of definitions and test that is exempt from public disclosure, amend test procedures for electric settings for electric motors, information may not be publicly available. motors, as well as relevant background and data regarding any additional topics The docket web page can be found at information regarding DOE’s relevant to potential test procedure http://www.regulations.gov/ consideration of test procedures for this amendments are also sought, including docket?D=EERE-2020-BT-TP-0011. The equipment. methods to reduce regulatory burden docket web page contains instructions while ensuring the procedure’s on how to access all documents, A. Authority and Background representativeness. including public comments, in the The Energy Policy and Conservation docket. See section III for information 1 DATES: Written comments and Act, as amended (‘‘EPCA’’), among on how to submit comments through information will be accepted on or other things, authorizes DOE to regulate http://www.regulations.gov. before July 20, 2020. the energy efficiency of a number of consumer products and certain ADDRESSES: Interested persons are FOR FURTHER INFORMATION CONTACT: Mr. encouraged to submit comments using Jeremy Dommu, U.S. Department of industrial equipment. (42 U.S.C. 6291– the Federal eRulemaking Portal at Energy, Office of Energy Efficiency and 6317) Included within this authority are http://www.regulations.gov. Follow the Renewable Energy, Building electric motors, the subject of this RFI. instructions for submitting comments. Technologies Office, EE–5B, 1000 (42 U.S.C. 6311(1)(A)) The energy conservation program Alternatively, interested persons may Independence Avenue SW, Washington, under EPCA consists essentially of four submit comments, identified by docket DC 20585–0121. Telephone: (202) 586– parts: (1) Testing, (2) labeling, (3) number EERE–2020–BT–TP–0011, by 9870. Email: Federal energy conservation standards, any of the following methods: ApplianceStandardsQuestions@ 1. Federal eRulemaking Portal: http:// ee.doe.gov. and (4) certification and enforcement www.regulations.gov. Follow the Mr. Michael Kido, U.S. Department of 1 All references to EPCA in this document refer instructions for submitting comments. Energy, Office of the General Counsel, to the statute as amended through America’s Water 2. Email: to ElecMotors2020TP0011@ GC–33, 1000 Independence Avenue SW, Infrastructure Act of 2018, Public Law 115–270 ee.doe.gov. Include docket number Washington, DC, 20585–0121. (October 23, 2018).

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procedures. Relevant provisions of amend its test procedures to conform to also updated the regulations to reference EPCA specifically include definitions such amended test procedure the most current version of CSA C390. (42 U.S.C. 6311), energy conservation requirements, unless DOE determines Id. standards (42 U.S.C. 6313), test by rule, published in the Federal On December 13, 2013, DOE again procedures (42 U.S.C. 6314), labeling Register and supported by clear and amended its electric motor test provisions (42 U.S.C. 6315), and the convincing evidence, that to do so procedure by clarifying the test setup authority to require information and would not meet the statutory requirements for certain electric motors. reports from manufacturers (42 U.S.C. requirements related to the test 78 FR 75962 (‘‘December 2013 final 6316(a) and 42 U.S.C. 6296). procedure representativeness and rule’’). DOE explained that changes Federal energy efficiency burden. (42 U.S.C. 6314(a)(5)(B)) As brought about by the Energy requirements for covered equipment noted later in this document, these Independence and Security Act of 2007 established under EPCA generally industry-based procedures have been (Pub. L. 110–140 (December 19, 2007)) supersede State laws and regulations revised a number of times and DOE has and the American Energy concerning energy conservation testing, amended its regulations consistent with Manufacturing Technical Corrections labeling, and standards. (42 U.S.C. these changes. Act (Pub. L. 112–210, Sec. 10 (December 6316(a) and (b); 42 U.S.C. 6297) DOE EPCA also requires DOE to evaluate 18, 2012)) enabled DOE to consider an may, however, grant waivers of Federal its test procedures at least once every 7 expanded scope of electric motors for preemption for particular State laws or years for each type of covered regulatory coverage. Id. at 78 FR 75965. regulations, in accordance with the equipment, including electric motors, to DOE determined that the motors procedures and other provisions of determine whether amended test covered by the expanded scope could be EPCA. (42 U.S.C. 6316(a)) procedures would more accurately or tested using the testing methods The Federal testing requirements fully comply with the requirements that provided in IEEE 112 (Test Method B) consist of test procedures that test procedures not be unduly and CSA C390–10 (which were both manufacturers of covered equipment burdensome to conduct but be part of DOE’s test procedure regulations) must use as the basis for: (1) Certifying reasonably designed to produce test to accurately measure their losses and to DOE that their equipment complies results reflecting energy efficiency, determine their energy efficiency. Id. with the applicable energy conservation energy use, and estimated operating However, some of these motors required standards adopted pursuant to EPCA (42 costs during a representative average additional testing set-up instructions U.S.C. 6316(a); 42 U.S.C. 6295(s)), and use cycle of the equipment at issue. (42 prior to testing, which DOE established (2) making representations about the U.S.C. 6314(a)(1)) In addition, if the in the December 2013 final rule.2 Id. efficiency of that equipment. (42 U.S.C. Secretary determines that a test DOE’s test procedures for electric 6314(d)) Similarly, DOE must use these procedure amendment is warranted, the motors at 10 CFR part 431, subpart B, test procedures to determine whether Secretary must propose amended test Appendix B (‘‘Appendix B’’) currently the equipment complies with relevant procedures (published in the Federal incorporate by reference NEMA MG 1– standards promulgated under EPCA. (42 Register) and afford interested persons 2009, IEEE 112–2004 Test Method B, U.S.C. 6316(a); 42 U.S.C. 6295(s)) an opportunity (of not less than 45 days’ and CSA Standard C390–10. Appendix Under 42 U.S.C. 6314, EPCA sets forth duration) to present oral and written B also includes additional specifications the criteria and procedures DOE must data, views, and arguments on the necessary for testing certain types of follow when prescribing or amending proposed test procedures. (42 U.S.C. electric motors. 10 CFR part 431, test procedures for covered equipment. 6314(b)) If DOE determines that test subpart B, Appendix B, Sec. 4. EPCA requires that any test procedures procedure revisions are not appropriate, On March 1, 2017, NEMA published prescribed or amended under this DOE must publish its determination not NEMA MG 1–2016, Motors and section must be reasonably designed to to amend the test procedures. (42 U.S.C. Generators. On February 14, 2018, IEEE produce test results which reflect energy 6314(a)(1)(A)(ii)) published IEEE 112–2017, IEEE efficiency, energy use or estimated DOE is publishing this RFI to collect Standard Test Procedure for Polyphase annual operating cost of a given type of data and information to inform its Induction Motors and Generators. DOE covered equipment during a decision in satisfaction of its obligations subsequently proposed to amend the representative average use cycle and under EPCA. current test procedure regulations for requires that test procedures not be B. Rulemaking History small electric motors and electric unduly burdensome to conduct. (42 motors, which included a full review of U.S.C. 6314(a)(2)) If DOE determines DOE established test procedures for IEEE 112–2017. 84 FR 17004 (April 23, that a test procedure amendment is electric motors that referenced NEMA 2019) (‘‘April 2019 NOPR’’). The warranted, it must publish proposed test MG1–1993 and IEEE 112–1996. 64 FR relevant updates to the industry test procedures and offer the public an 54114 (October 5, 1999) (‘‘October 1999 procedures (including NEMA MG 1– opportunity to present oral and written final rule’’). The October 1999 final rule 2016), in addition to potential comments on them. (42 U.S.C. 6314(b)) also incorporated by reference Canadian clarification of definitions and test EPCA, pursuant to amendments made Standards Association (‘‘CSA’’) settings for electric motors, are by the Energy Policy Act of 1992, Public Standard C390–93, Energy Efficiency discussed in the following section. Law 102–486 (October 24, 1992), Test Methods for Three-Phase Induction specifies that the test procedures for Motors, which DOE found to be a II. Request for Information electric motors subject to standards are widely recognized alternative that was In the following sections, DOE has those specified in National Electrical consistent with IEEE 112–1996. Id. identified a variety of issues on which Manufacturers Association (‘‘NEMA’’) On May 4, 2012, DOE amended the Standards Publication MG1–1987 and test procedures for electric motors 2 A 2011 version of NEMA MG 1 was released Institute of Electrical and Electronics consistent with its obligations under prior to the publication of the December 2013 final Engineers (‘‘IEEE’’) Standard 112 Test EPCA to incorporate the NEMA MG 1– rule. The updates from the 2009 version, however, did not affect the sections of NEMA MG–1 Method B, as in effect on October 24, 2009 and the IEEE 112–2011 into its incorporated by reference in the DOE regulations. 1992. (42 U.S.C. 6314(a)(5)(A)). If these regulations. 77 FR 26608 (‘‘May 2012 Subsequently, DOE declined to incorporate by test procedures are amended, DOE must final rule’’). The May 2012 final rule reference NEMA MG 1–2011. 78 FR 75962, 75963.

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it seeks input on deciding whether provided that they meet the criteria DOE exempted certain categories of amending its test procedures for electric specified at 10 CFR 431.25(g). These motors from having to satisfy any motors would (1) more accurately or categories of electric motors include standards after determining that the fully comply with the requirements in NEMA Design A motors,4 NEMA Design referenced industry test procedures do EPCA that test procedures be reasonably B motors,5 NEMA Design C motors,6 and not provide a standardized test method designed to produce test results which fire pump electric motors.7 See 10 CFR for determining the energy efficiency of reflect energy use during a 431.25(h)–(j). The detailed criteria these motor configurations.8 79 FR representative average use cycle, specified under 10 CFR 431.25(g) 30934 (May 29, 2014); see also, 78 FR without being unduly burdensome to specify that the currently regulated 75962, 75974, 75987–75989). The conduct (42 U.S.C. 6314(a)(2)); or (2) motors: currently exempted motor categories reduce testing burden. Specifically, DOE (1) Are single-speed, induction motors; are: is requesting comment on any (2) Are rated for continuous duty (MG 1) • Air-over electric motors; opportunities to streamline and simplify operation or for duty type S1 (IEC) • Component sets of an electric motor; testing requirements for electric motors (3) Contain a squirrel-cage (MG 1) or cage • Liquid-cooled electric motors; as well as information to help inform (IEC) rotor; • Submersible electric motors; and DOE’s related technical and economic (4) Operate on polyphase alternating • Inverter-only electric motors. current 60-hertz sinusoidal line power; analyses. (5) Are rated 600 volts or less; 10 CFR 431.25(l) Further, DOE recently issued an RFI (6) Have a 2-, 4-, 6-, or 8-pole Definitions for terms related to the to seek more broadly information on configuration; Federal test method for electric motors whether its test procedures are (7) Are built in a three-digit or four-digit are provided at 10 CFR 431.12. A reasonably designed, as required by NEMA frame size (or IEC metric equivalent), number of these definitions incorporate EPCA, to produce results that measure including those designs between two references to specific sections of NEMA the energy use or efficiency of a product consecutive NEMA frame sizes (or IEC metric MG 1–2009 to characterize the during a representative average use equivalent), or an enclosed 56 NEMA frame size (or IEC metric equivalent); construction and operation of different cycle or period of use. 84 FR 9721 (8) Produce at least one horsepower (0.746 categories of electric motors. DOE is (March 18, 2019). DOE seeks comment kW) but not greater than 500 horsepower considering revising these definitions to on this issue as it pertains to the test (373 kW), and update its current NEMA MG 1 procedure for electric motors. (9) Meet all of the performance references to the most recent edition of Additionally, DOE welcomes requirements of one of the following motor that standard, NEMA MG 1–2016. These comments on other issues relevant to types: A NEMA Design A, B, or C motor or reference updates would align DOE’s an IEC Design N or H motor. the conduct of this process. In regulatory definitions with current particular, DOE notes that under 10 CFR 431.25(g). industry practice and the revisions Executive Order 13771, ‘‘Reducing under consideration for the electric Regulation and Controlling Regulatory 4 ‘‘NEMA Design A’’ motor means a squirrel-cage motors test procedure at Appendix B Costs,’’ Executive Branch agencies such motor that: (1) Is designed to withstand full-voltage starting and developing locked-rotor torque as (see section II.B.1). as DOE are directed to manage the costs shown in NEMA MG 1–2009, paragraph 12.38.1 Twelve definitions at 10 CFR 431.12 associated with the imposition of (incorporated by reference, see § 431.15); (2) Has reference the NEMA MG 1–2009 expenditures required to comply with pull-up torque not less than the values shown in standard, of which the following five Federal regulations. See 82 FR 9339 NEMA MG 1–2009, paragraph 12.40.1; (3) Has breakdown torque not less than the values shown include references to sections of NEMA (February 3, 2017). Consistent with that in NEMA MG 1–2009, paragraph 12.39.1; (4) Has a MG 1 that have not changed between Executive Order, DOE encourages the locked-rotor current higher than the values shown the 2009 and 2016 publications of the public to provide input on measures in NEMA MG 1–2009, paragraph 12.35.1 for 60 standard: ‘‘electric motor with DOE could take to lower the cost of its hertz and NEMA MG 1–2009, paragraph 12.35.2 for 50 hertz; and (5) Has a slip at rated load of less than encapsulated windings,’’ ‘‘electric motor regulations applicable to electric motors 5 percent for motors with fewer than 10 poles. 10 with moisture resistant windings,’’ consistent with the requirements of CFR 430.12. ‘‘electric motor with sealed windings,’’ EPCA. 5 ‘‘NEMA Design B motor’’ means a squirrel-cage ‘‘general purpose electric motor motor that is: (1) Designed to withstand full-voltage A. Scope and Definitions starting; (2) Develops locked-rotor, breakdown, and (subtype I),’’ and ‘‘general purpose pull-up torques adequate for general application as electric motor (subtype II).’’ The term ‘‘electric motor’’ is defined specified in sections 12.38, 12.39 and 12.40 of Conversely, the definitions in 10 CFR as ‘‘a machine that converts electrical NEMA MG1–2009 (incorporated by reference, see 431.12 for ‘‘definite purpose motor,’’ power into rotational mechanical § 431.15); (3) Draws locked-rotor current not to ‘‘definite purpose electric motor,’’ power.’’ 10 CFR 431.12. Manufacturers exceed the values shown in section 12.35.1 for 60 hertz and 12.35.2 for 50 hertz of NEMA MG1–2009; ‘‘general purpose electric motor,’’ are required to test those electric motors and (4) Has a slip at rated load of less than 5 percent ‘‘NEMA Design A motor,’’ ‘‘NEMA subject to energy conservation standards for motors with fewer than 10 poles. Id. Design B motor,’’ ‘‘NEMA Design C according to the test procedure in 6 ‘‘NEMA Design C’’ motor means a squirrel-cage motor,’’ and ‘‘nominal full-load Appendix B.3 (See generally 42 U.S.C. motor that: (1) Is Designed to withstand full-voltage starting and developing locked-rotor torque for efficiency’’ reference provisions of 6314(a)(5)(A); see also the introductory high-torque applications up to the values shown in NEMA MG 1 that have changed between paragraph to 10 CFR part 431, subpart NEMA MG1–2009, paragraph 12.38.2 (incorporated the 2009 and 2016 versions. These B, Appendix B) Currently, energy by reference, see § 431.15); (2) Has pull-up torque changes are discussed in the following conservation standards apply to a not less than the values shown in NEMA MG1– 2009, paragraph 12.40.2; (3) Has breakdown torque paragraphs. variety of categories of electric motors not less than the values shown in NEMA MG1– The definitions for ‘‘definite purpose 2009, paragraph 12.39.2; (4) Has a locked-rotor motor,’’ ‘‘definite purpose electric 3 This RFI does not address small electric motors, current not to exceed the values shown in NEMA motor,’’ and ‘‘general purpose electric which are covered separately under 10 CFR part MG1–2009, paragraphs 12.35.1 for 60 hertz and 431, subpart X. A small electric motor is ‘‘a NEMA 12.35.2 for 50 hertz; and (5) Has a slip at rated load motor’’ at 10 CFR 431.12 reference general purpose alternating current single-speed of less than 5 percent. Id. induction motor, built in a two-digit frame number 7 ‘‘Fire pump electric motor’’ means an electric 8 DOE notes that, while these motor series in accordance with NEMA Standards motor, including any IEC-equivalent motor that configurations are not currently subject to any Publication MG1–1987, including IEC metric meets the requirements of section 9.5 of NFPA 20. energy conservation standards, they remain within equivalent motors.’’ 10 CFR 431.442. Id. the Department’s scope of covered equipment.

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paragraph 14.3, ‘‘Unusual Service of NEMA MG 1–2016 provides the the application of the test procedure for Conditions,’’ of NEMA MG 1–2009. applicable range of kVA per horsepower electric motors. Paragraph 14.3 of NEMA MG 1 provides for each locked-rotor kVA code that DOE also notes that IEC standard a list of service conditions that may would be used to calculate the locked- 60034–12, published on November 23, affect the construction or operation of a rotor current tolerances. These 2016, allows the use of a new motor. The NEMA MG 1–2016 standard definitions also reference other sections nomenclature for certain electric motors adds two conditions to the NEMA MG in NEMA MG 1–2009, each of which that are already covered by DOE’s 1–2009 standard: ‘‘exposure to a remains unchanged in the NEMA MG 1– current standards. As an example, IEC coupling mass that is greater than 10% 2016 standard. The addition of the Design N and IEC Design H motors that of rotor weight and/or has a center of column for ‘‘Locked-Rotor kVA Code’’ is meet a ‘‘premium efficiency’’ attribute gravity that is beyond the shaft not expected to impact the applicability are permitted to be designated with an extension’’ and ‘‘exposure to a coupling of test procedures or energy ‘‘E’’ (i.e. ‘‘NE’’ and ‘‘HE’’). The or coupling/coupling guard combination conservation standards for electric ‘‘premium efficiency’’ attribute which could produce a negative motors. Further, NEMA MG 1–2016’s generally aligns with the current DOE pressure at the drive end seal.’’ DOE addition of the footnote regarding a standards prescribed at 10 CFR 431.25. notes that the regulatory definition for tolerance that may be applied to the In DOE’s view, these ‘‘NE’’ and ‘‘HE’’ ‘‘general purpose electric motor’’ also maximum locked-rotor current values is motors are already addressed by the references paragraph 14.2, ‘‘Usual a clarification of the existing tolerance definitions and standards that DOE service conditions,’’ of NEMA MG 1– presented in section 10.37 of NEMA currently has in place regarding ‘‘N’’ 2009, but unlike paragraph 14.3, section MG1–2009, which remains unchanged and ‘‘H’’ motors. See 10 CFR 431.12 14.2 remains unchanged in NEMA MG in NEMA MG1–2016, and would also (defining the terms ‘‘IEC Design H 1–2016. Prior to June 1, 2016, DOE’s not impact the scope of electric motors motor’’ and ‘‘IEC Design N motors’’) and energy conservation standards for that are subject to energy conservation 10 CFR 431.25(g)–(i) and (l) electric motors differentiated between standards and test procedures. (establishing the efficiency standards general purpose electric motors (for The definition for ‘‘nominal full-load related to Design N and H motors and which standards applied) and definite efficiency’’ at 10 CFR 431.12 references their applicable scope). This view is or special purpose electric motors (for Table 12–10 of NEMA MG 1–2009, also held by NEMA, which asserted in which standards did not apply). 10 CFR which provides a list of nominal separate communications to DOE that 431.25(a)–(d) and (f). For electric motors efficiencies and associated minimum ‘‘E’’-designated motors are drop-in manufactured on or after June 1, 2016, motor efficiencies based on a 20 percent replacements for their ‘‘non-E’’- DOE’s energy conservation standards no loss difference. Table 12–10 in NEMA designated counterparts. See Letter from longer differentiated between these MG 1–2009 lists nominal efficiency NEMA to DOE (March 26, 2018) and previous broad categories of general ratings ranging from 50.5 to 99.0, while Supplemental Letter from NEMA to purpose and definite or special purpose. Table 12–10 in NEMA MG 1–2016 lists DOE (August 23, 2019). (Both letters Consequently, DOE’s standards are now nominal efficiency ratings ranging from have been filed in the docket.) To differentiated according to the criteria 34.5 to 99.0. The nominal efficiency ensure the accuracy of its listed at 10 CFR 431.25(g) and NEMA ratings (and associated minimum understanding, DOE is seeking comment and IEC Design categories. 10 CFR efficiencies) in the range of 50.5 to 99.0 as to whether its understanding of the 431.25(h)–(i). Therefore, the updates to did not change between the NEMA new nomenclature is correct. these definitions are not expected to MG1–2009 and NEMA MG1–2016 Issue 3: DOE requests comment on change the applicability of test versions of the standard. The nominal procedures or energy conservation whether a Design NE or Design HE full-load efficiency requirements motor is distinguishable in performance standards for electric motors specified by the energy conservation manufactured on or after June 1, 2016. (aside from energy efficiency) from a standards for electric motors at 10 CFR Design N or Design H motor, The definitions for ‘‘NEMA Design A 431.25 are efficiency values ranging motor,’’ ‘‘NEMA Design B motor,’’ and respectively, such that the ‘‘E’’- from 74.0 to 96.2; therefore, the addition designated motor merits treatment as a ‘‘NEMA Design C motor’’ at 10 CFR of nominal efficiency ratings ranging 431.12 reference tables of locked-rotor separate motor type. If so, why? If not, from 34.5 to 50.5 in the NEMA MG 1– why not? current in sections 12.35.1 and 12.35.2 2016 version of Table 12–10 will not of NEMA MG 1–2009. NEMA MG 1– impact the applicability of test B. Test Procedure 2016 revises these tables by adding a procedures or energy conservation 1. Updates to Industry Standards column for ‘‘Locked-Rotor kVA Code’’ standards for electric motors. and a footnote regarding a tolerance that Issue 1: DOE requests comment on the DOE has reviewed each of the may be applied to the locked-rotor 2016 updates to NEMA MG 1 that relate industry standards that are currently current values based on the associated to the electric motor definitions in 10 incorporated by reference as test 9 Locked-Rotor kVA Code. Section 10.37 CFR 431.12. Specifically, DOE requests methods for determining the energy information on how these revisions efficiency of electric motors. Since 9 Locked-Rotor kVA Code is a letter which publication of the December 2013 final appears on the nameplate of an alternating-current would impact the applicability of test motor to show its range of locked-rotor kilo-volt- procedures and energy conservation rule, IEEE 112–2004 and NEMA MG 1– ampere (kVA) per horsepower. The letter standards for electric motors. 2009 have been revised, and CSA C390– designations for locked rotor kVA per horsepower Issue 2: DOE requests comment on 10 has been reaffirmed, as listed in are given in Section 10.37 of NEMA MG 1–2016. whether any other definitions should be Table II–1. The following is a review of For example, the letter ‘‘N’’ corresponds to a range the relevant revisions to IEEE 112–2004 of locked rotor kVA per horsepower between 11.2 modified or added to 10 CFR 431.12 to and 12.5. provide additional detail or direction in and NEMA MG 1–2009.

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TABLE II–1—UPDATED INDUSTRY STANDARDS

Existing reference Updated version Type of update

IEEE 112–2004 ...... IEEE 112–2017 ...... Revision. CSA 390–10 ...... CSA 390–10 (R2015) ...... Reaffirmed. NEMA MG 1–2009 ...... NEMA MG 1–2016 ...... Revision.

a. IEEE 112 an alternative to IEEE 112–2004 Test motor is operated until the temperature In the April 2019 NOPR DOE Method B and CSA C390–10, which are rises are constant, but unlike CSA proposed to incorporate by reference currently referenced in Appendix B. C390–10, IEEE 112–2004 does not IEEE 112–2017 for both small electric (NEMA, Docket EERE–2017–BT–TP– explicitly indicate the locations where motors and electric motors. 84 FR 0047,11 No. 28.2 at p.1; UL, Docket these temperatures must be measured. 17004. Specifically, for electric motors, EERE–2017–BT–TP–0047, No. 29.1 at Instead, Section 5.8.4.3 of IEEE 112– DOE has proposed to incorporate IEEE p.1) 2004 provides a list of locations on the 112–2017 Test Method B as an DOE reviewed Method 2–1–1B from motor at which temperature alternative to IEEE 112–2004 Test the IEC 60034–2–1:2014 standard in the measurement devices must be equipped, Method B, and requested comment on April 2019 NOPR and initially but does not specify which temperature this proposal. 84 FR 17004, 17011– concluded that the standard would measurement device must be used to 17012. DOE tentatively determined that provide comparable energy efficiency establish the condition of thermal this proposal would harmonize the results to the current required test equilibrium in the heat-run test. The permitted test methods under subpart B standards (IEEE 112 and CSA C390). 84 same requirements are provided in of 10 CFR part 431 and align FR 17004, 17013. Accordingly, in the Section 5.9.4.4 of IEEE 112–2017, the measurement and instrumentation April 2019 NOPR DOE proposed to latest version of the industry standard. requirements with recent industry incorporate by reference IEC 60034–2– Issue 4: DOE requests comment on practice. 84 FR 17004, 17011–17012. 1:2014 Method 2–1–1B as an alternative whether the test instructions in IEEE to the currently incorporated industry 112–2004 Test Method B and/or IEEE b. NEMA MG 1 testing standards IEEE 112–2004 Test 112–2017 Test Method B provide The test procedure for electric motors Method B and CSA C390–10, and sufficient detail regarding placement of specified at Appendix B requires that requested comment on this proposal. Id. temperature measurement devices for efficiency and losses be determined in establishing thermal equilibrium in the 2. Temperature Rise Measurement accordance with NEMA MG 1–2009, heat-run test. Specifically, DOE seeks paragraph 12.58.1, ‘‘Determination of Location comment, including comment based on Motor Efficiency and Losses.’’ The text The test method for measuring testing experience, regarding potential of paragraph 12.58.1 was modified in electric motor nominal full-load locations for measurement to establish the subsequent revisions to NEMA MG efficiency prescribed under Appendix B thermal equilibrium. DOE is also 1–2009. Notably, paragraph 12.58.1 in specifies that efficiency and losses are interested in detailed information on the 2016 revision of MG 1 specifies an determined in accordance with any testing burden, including cost, additional industry standard, IEC paragraph 12.58.1 of NEMA MG1–2009, associated with measuring at the various 60034–2–1, for calculating the efficiency and either CSA C390–10 or IEEE 112– locations. of horizontal polyphase squirrel-cage 2004 Test Method B. See 10 CFR part 3. Rated Motor Horsepower motors rated 1 to 500 horsepower. 431, subpart B, Appendix B, Sec. 2. CSA Further discussion on IEC 60034–2–1 is 390–10 and IEEE 112–2004 both require Nominal full-load efficiency, the metric for energy conservation provided in the following section the motor to be loaded to the rated full standards for electric motors, is defined II.B.1.c of this RFI. load and operated until thermal as a representative value of efficiency equilibrium is reached. See CSA C390– c. IEC 60034–2–1 selected from the ‘‘nominal efficiency’’ 10, Sec. 7.1.3 and IEEE 112–2004, Sec. column of Table 12–10 of NEMA MG 1– In a November 2017 notice, DOE 5.8.4.4. This segment of the efficiency 2009, that is not greater than the average sought comment regarding petitions test is known as the ‘‘heat-run test.’’ full-load efficiency of a population of from NEMA and Underwriters Section 7.1.3 of CSA C390–10 motors of the same design. See 10 CFR Laboratory (‘‘UL’’) requesting that DOE provides the test instructions for the 431.12. ‘‘Average full-load efficiency’’ is incorporate IEC 60034–2–1:2014 heat-run test, and states that the 10 defined as ‘‘. . . the ratio (expressed as Method 2–1–1B as an additional temperature used to establish thermal a percentage) of the motor’s useful alternative test method to those already equilibrium is determined using the power output to its total power input referenced in DOE’s regulations for temperature measurement devices when the motor is operated at its full determining the energy efficiency of specified in section 7.1.2 of that rated load, rated voltage, and rated certain electric motors and small standard. Section 7.1.2.2 of CSA C390– frequency.’’ Id. Typically, a rated load electric motors. 82 FR 50844 (November 10 explicitly specifies the permissible represents a power output expected 2, 2017). With regard to the electric locations for installing the temperature from the motor (e.g., a horsepower value motors test procedure, NEMA and UL’s measurement devices when conducting on the nameplate or a manufacturer petition requested that DOE incorporate the heat-run test. declared rated motor horsepower). The IEC 60034–2–1:2014 Method 2–1–1B as Section 5.8.4.4 of IEEE 112–2004 industry testing standards discussed in specifies how to terminate the heat-run 10 IEC 60034–2–1:2014 Method 2–1–1B (2014), section II.B.1 of this RFI do not provide test. These instructions provide that the ‘‘Rotating Electrical Machines—Part 2–1: Standard a method to determine the full rated methods for determining losses and efficiency from tests (excluding machines for traction vehicles),’’ 11 Docket EERE–2017–BT–TP–0047 is available at load of the tested unit. Rather, the ‘‘Summation of losses, additional load losses https://www.regulations.gov/docket?D=EERE-2017- standards rely on a manufacturer- according to the method of residual loss.’’ BT-TP-0047. specified output power, which is

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usually listed on a motor’s nameplate in measured in accordance with Section 7, 4. Rated Values Specified for Testing terms of horsepower (i.e., the rated ‘‘Other performance tests,’’ of IEEE DOE is evaluating whether clarifying motor horsepower). Standard 112–2017. several other values used for testing Rated motor horsepower is generally NEMA MG1–2016 requires that the electric motors is warranted. As noted not an intrinsic, observable motor rated horsepower be established by previously, the definition of average full property, and motors are usually identifying the horsepower that load efficiency at 10 CFR 431.12 capable of operating both above and specifies that the full load efficiency of below the rated motor horsepower. For corresponds to the appropriate value of breakdown torque, established in a motor is determined when the motor example, a motor that is rated at 1 hp operates at the rated frequency, rated is also capable of delivering 0.75 hp, but section 12.37 and section 12.39 of NEMA MG1–2016, for general-purpose load, and rated voltage. Additionally, likely with a different speed, torque, industry standards refer to ‘‘rated’’ and efficiency than those of when it is polyphase 2-digit frame (e.g. 56-frame) size electric motors and Design A, B, values, which are expected to be known delivering at its rated 1 hp. The output or provided (e.g., on the nameplate). and C polyphase 3- and 4-digit frame power of the motor depends on the load However, ‘‘rated frequency,’’ ‘‘rated size electric motors, respectively (e.g. and the design of the motor. Therefore, load,’’ and ‘‘rated voltage’’ are not 215). While section 12.37 applies to the load point (or horsepower) at which defined in subpart B of 10 CFR part 431. the motor must be tested is not an general purpose polyphase 2-digit frame Similar to proposed amendments to the intrinsic parameter to the motor, but size electric motors as written, DOE is test procedure for small electric motors, rather a parameter that must be defined considering whether section 12.37 of DOE is considering whether additional or specified. The test’s load point (or NEMA MG 1–2016 could apply to all 2- instruction regarding these terms could horsepower) is relevant to efficiency digit frame size electric motors within improve clarity and further ensure all testing because the efficiency of an the DOE scope (as detailed in section motors of a given specification are electric motor varies according to load. II.A of this RFI) such that DOE can tested using the same settings. See 84 While the ‘‘nominal full-load define rated motor horsepower based on FR 17004, 17017–17018. efficiency definition’’ relies on the breakdown torque, as defined in NEMA definition of ‘‘average full-load MG 1–2016. DOE would need to a. Rated Frequency efficiency’’ (and in turn, ‘‘rated load’’), consider how rated motor horsepower ‘‘Rated frequency’’ is a term DOE regulations do not explicitly should be determined in the cases of commonly used by industry standards address how to determine the rated load special purpose and definite purpose 2- developed for testing electric motors and rated motor horsepower of an digit frame size electric motors within (e.g., section 6.1 in IEEE 112–2004, and electric motor. Accordingly, as part of the DOE scope. section 6.1 in CSA C390–10). The test the test procedure evaluation, DOE is procedures and energy conservation Issue 5: DOE requests comment on considering whether to define the term standards established under EPCA ‘‘rated motor horsepower’’ and whether how industry currently determines rated apply to motors distributed in defining the term would provide for motor horsepower of an electric motor. commerce within the United States. more accurate comparisons of similarly Specifically, DOE requests comment on Within the United States, electricity is rated motors from different whether the methods described in supplied at 60 hertz (‘‘Hz’’). However, manufacturers. In addition, DOE is sections 12.37 and 12.39 of NEMA electric motors could be designed to considering additional changes to MG1–2016 reflect how industry operate at frequencies in addition to 60 address the relationship between the currently determines rated motor Hz (e.g., motors designed to operate at term ‘‘rated motor horsepower’’ to horsepower of an electric motor. either 60 or 50 Hz, which is used in ‘‘rated load,’’ as discussed in section Issue 6: DOE requests comment on the other parts of the world). II.B.4.b of this RFI. whether there is a need to define the Some electric motors subject to 10 As with a recent proposed term ‘‘rated motor horsepower,’’ and the CFR 431.16 are marketed as capable of amendment to the test procedure for feasibility of establishing such a operating at either of these two small electric motors, DOE is definition. DOE requests comment and frequencies and could include in their considering defining rated motor data regarding how rated motor marketing information data regarding horsepower to be based on the horsepower determined as motor performance at both frequencies breakdown torque of an electric motor, contemplated in the preceding (e.g., 60 and 50 Hz). In this case, it could which is a directly measurable quantity. discussion would compare to the rated be unclear at which frequency the test See 84 FR 17004, 17014–17015. motor horsepower currently declared by should be performed. DOE is Breakdown torque is defined in section manufacturers. Additionally, DOE considering defining the term ‘‘rated 1.50 of NEMA MG 1–2016 as the requests comment on how to determine frequency’’ as 60 Hz to expressly specify maximum torque that the motor will the horsepower of a special or definite this test requirement. develop with rated voltage and purpose motor with breakdown torque b. Rated Load frequency applied without an abrupt that is not expressly characterized by drop in speed,12 and is typically The term ‘‘rated load’’ 13 is used in Table 10–5 of NEMA MG 1–2016. DOE industry standards to specify a loading also requests comment on any other 12 In concept, breakdown torque describes the point at which to test a motor (e.g., maximum torque the motor can develop without method that may be used to verify the sections 5.6 and 6.1 in IEEE 112–2004, slowing down and stalling. The maximum torque manufacturer declared horsepower of an and section 6.1 in CSA C390–10). over the entire speed range could occur at a electric motor. DOE is also interested in different condition (e.g., the motor start-up, zero Typically, a rated load represents a speed condition) than the breakdown condition. detailed information on any test burden, power output expected from the motor Therefore, breakdown torque corresponds to a local including cost, associated with the (e.g., a horsepower value on the maximum torque (on a plot of torque versus speed) method as contemplated by DOE, or nameplate or a manufacturer declared that is nearest to the rated torque. NEMA MG 1– other methods as may be suggested. 2016 does not quantify what would constitute ‘‘an rated motor horsepower). The rated load abrupt drop in speed,’’ but the phrase corresponds to the expectation that the motor will slow down minor reductions in speed observed due to 13 Also referred to as ‘‘full rated load,’’ ‘‘rated full- or stall if the load increases and indicates that measurement sensitivities are not considered. load,’’ or ‘‘full-load.’’

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will have a corresponding rated speed proposing new or amended energy voluntary consensus-based or other and rated torque. DOE is considering conservation standards. See 10 CFR part appropriate test procedure, without defining the term ‘‘rated load’’ as ‘‘the 430, appendix A, subpart C, sec. 8(d)– modification. rated motor horsepower of an electric (e). Issue 11: Additionally, DOE requests motor’’ to clarify this test requirement. comment on whether the existing DOE D. Other Test Procedure Topics test procedure limits a manufacturer’s c. Rated Voltage In addition to the issues identified ability to provide consumers with The term ‘‘rated voltage’’ is used in earlier in this document, DOE welcomes additional features in the electric motors industry standards to specify the voltage comment on any other aspect of the that they purchase. DOE particularly supplied to the motor under test (e.g., current test procedures for electric seeks information on how the DOE test section 6.1 in IEEE 112–2004, and motors found at 10 CFR part 431, procedures could be amended to reduce section 6.1 in CSA C390–10). The test subpart B. As noted earlier, DOE the cost of new or additional features procedures referenced in Appendix B recently issued an RFI to seek more and make it more likely that electric require a basic model to be tested at the information on whether its test motors include such features while rated voltage, without specifying what procedures are reasonably designed to satisfying EPCA. to do when a manufacturer includes produce results that measure the energy Issue 12: DOE also requests comments multiple rated voltages on the use or efficiency of a product during a on any potential amendments to the nameplate and marketing materials. representative average use cycle or existing test procedures that would DOE is considering specifying the input period of use. 84 FR 9721 (March 18, address impacts on manufacturers, voltage required for testing when motors 2019). including small businesses. are rated for use at multiple voltages. Issue 8: DOE seeks comment on Finally, DOE published an RFI on the Options for this specification could whether its test procedures for electric emerging smart technology appliance include testing only at the lowest rated motors are reasonably designed, as and equipment market. 83 FR 46886 voltage, testing only at the highest rated required by EPCA, to produce results (September 17, 2018) (‘‘September 2019 voltage, or testing at all rated voltages. that measure the energy use or RFI’’). In that RFI, DOE sought Alternatively, similar to what was efficiency of a product during a information to better understand market proposed for small electric motors, DOE representative average use cycle or trends and issues in the emerging is considering allowing manufacturers period of use. market for appliances and commercial to test and certify motors at any rated Issue 9: DOE requests comments on equipment that incorporate smart voltage, provided that the tested input whether potential amendments based on technology. DOE’s intent in issuing the voltage setting is listed on the the issues discussed would result in a RFI was to ensure that DOE did not certification report. See 84 FR 17004, test procedure that is unduly inadvertently impede such innovation 17018. burdensome to conduct, particularly in in fulfilling its statutory obligations in In addition, DOE has found that some light of any new products on the market setting efficiency standards for covered motor nameplates are labeled with a that have appeared since the last test products and equipment. voltage rating including a range of procedure update. Issue 13: DOE seeks, as part of this values, such as ‘‘208–230/460 volts,’’ or DOE’s established practice is to adopt RFI, comments, data and information on other qualifiers, such as ‘‘230/460V, industry standards as DOE test the issues presented in the September usable at 208V.’’ DOE is considering procedures unless such methodology 2018 RFI as they may be applicable to how rated voltage for testing should be would be unduly burdensome to electric motors. determined in these cases. conduct or would not produce test Issue 7: DOE requests comment on the results that reflect the energy efficiency, III. Submission of Comments potential definitions of ‘‘rated energy use, water use (as specified in DOE invites all interested parties to frequency’’ and ‘‘rated load’’ for electric EPCA) or estimated operating costs of submit in writing by July 20, 2020, motors. DOE requests comment and data that product during a representative comments and information on matters regarding how the discussed definitions average use cycle or period of use. addressed in this notice and on other would impact the current test results. Section 8(c) of appendix A 10 CFR part matters relevant to DOE’s consideration DOE also requests comment on the 430 subpart C. In cases where the of amended test procedures for electric input voltage setting(s) that should be industry standard does not meet EPCA motors. These comments and used during testing. Specifically, DOE statutory criteria for test procedures information will aid in the development requests test data that demonstrates how DOE will make modifications through of a test procedure NOPR for electric motor efficiency varies at different input the rulemaking process to these motors if DOE determines that amended voltage settings. standards as the DOE test procedure. test procedures may be appropriate for DOE recognizes that adopting industry this equipment. C. Use of an Amended Test Procedure standards with modifications imposes a Submitting comments via http:// If required only for the evaluation and burden on industry (i.e., manufacturers www.regulations.gov. The http:// issuance of updated efficiency face increased costs if the DOE www.regulations.gov web page will standards, use of a modified test modifications require different testing require you to provide your name and procedure, were DOE to finalize such a equipment or facilities). contact information. Your contact change, typically would not be required Issue 10: To the extent that potential information will be viewable to DOE until the implementation date of amendments based on the issues Building Technologies staff only. Your updated standards. Section 8(c) of discussed in this document would contact information will not be publicly appendix A 10 CFR part 430 subpart C. result in a procedure that is, in fact, viewable except for your first and last Moreover, were DOE to initiate a unduly burdensome to conduct, DOE names, organization name (if any), and rulemaking to establish methodologies seeks information on whether an submitter representative name (if any). used to evaluate proposed energy existing private sector-developed test If your comment is not processed conservation standards, such a procedure would be more appropriate. properly because of technical rulemaking would be finalized at least DOE requests comment on the benefits difficulties, DOE will use this 180 days prior to publication of a NOPR and burdens of adopting any industry/ information to contact you. If DOE

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cannot read your comment due to submit printed copies. No facsimiles Signing Authority technical difficulties and cannot contact (faxes) will be accepted. This document of the Department of you for clarification, DOE may not be Comments, data, and other Energy was signed on May 8, 2020, by able to consider your comment. information submitted to DOE Alexander N. Fitzsimmons, Deputy However, your contact information electronically should be provided in Assistant Secretary for Energy will be publicly viewable if you include PDF (preferred), Microsoft Word or Efficiency, pursuant to delegated it in the comment or in any documents Excel, WordPerfect, or text (ASCII) file authority from the Secretary of Energy. attached to your comment. Any format. Provide documents that are not That document with the original information that you do not want to be secured, written in English and free of signature and date is maintained by publicly viewable should not be any defects or viruses. Documents DOE. For administrative purposes only, included in your comment, nor in any should not contain special characters or and in compliance with requirements of document attached to your comment. any form of encryption and, if possible, the Office of the Federal Register, the Persons viewing comments will see only they should carry the electronic undersigned DOE Federal Register first and last names, organization signature of the author. Liaison Officer has been authorized to names, correspondence containing sign and submit the document in comments, and any documents Campaign form letters. Please submit electronic format for publication, as an submitted with the comments. campaign form letters by the originating official document of the Department of Do not submit to http:// organization in batches of between 50 to Energy. This administrative process in www.regulations.gov information for 500 form letters per PDF or as one form no way alters the legal effect of this which disclosure is restricted by statute, letter with a list of supporters’ names document upon publication in the such as trade secrets and commercial or compiled into one or more PDFs. This Federal Register. financial information (hereinafter reduces comment processing and posting time. Signed in Washington, DC, on May 8, 2020. referred to as Confidential Business Treena V. Garrett, Information (‘‘CBI’’)). Comments Confidential Business Information. Federal Register Liaison Officer, U.S. submitted through http:// According to 10 CFR 1004.11, any Department of Energy. www.regulations.gov cannot be claimed person submitting information that he [FR Doc. 2020–11764 Filed 6–2–20; 8:45 am] as CBI. Comments received through the or she believes to be confidential and BILLING CODE 6450–01–P website will waive any CBI claims for exempt by law from public disclosure the information submitted. For should submit via email, postal mail, or information on submitting CBI, see the hand delivery/courier two well-marked DEPARTMENT OF TRANSPORTATION Confidential Business Information copies: One copy of the document section. marked confidential including all the Federal Aviation Administration DOE processes submissions made information believed to be confidential, through http://www.regulations.gov and one copy of the document marked 14 CFR Part 39 before posting. Normally, comments ‘‘non-confidential’’ with the information will be posted within a few days of believed to be confidential deleted. [Docket No. FAA–2020–0513; Product Identifier 2019–SW–037–AD] being submitted. However, if large Submit these documents via email or on volumes of comments are being a CD, if feasible. DOE will make its own RIN 2120–AA64 processed simultaneously, your determination about the confidential comment may not be viewable for up to status of the information and treat it Airworthiness Directives; Airbus several weeks. Please keep the comment according to its determination. Helicopters tracking number that http:// It is DOE’s policy that all comments AGENCY: Federal Aviation www.regulations.gov provides after you may be included in the public docket, Administration (FAA), DOT. have successfully uploaded your without change and as received, ACTION: Notice of proposed rulemaking comment. including any personal information (NPRM). Submitting comments via email, hand provided in the comments (except delivery/courier, or postal mail. SUMMARY: information deemed to be exempt from The FAA proposes to Comments and documents submitted public disclosure). supersede Airworthiness Directive (AD) via email, hand delivery/courier, or 2018–08–01 for Airbus Helicopters postal mail also will be posted to http:// DOE considers public participation to Model EC225LP helicopters. AD 2018– www.regulations.gov. If you do not want be a very important part of the process 08–01 requires inspecting the control your personal contact information to be for developing test procedures and rod attachment yokes (yoke) of certain publicly viewable, do not include it in energy conservation standards. DOE main rotor rotating swashplates your comment or any accompanying actively encourages the participation (swashplate). Since the FAA issued AD documents. Instead, provide your and interaction of the public during the 2018–08–01, Airbus Helicopters has contact information on a cover letter. comment period in each stage of this identified additional swashplate serial Include your first and last names, email process. Interactions with and between numbers affected by the unsafe address, telephone number, and members of the public provide a condition and has established a life optional mailing address. The cover balanced discussion of the issues and limit for the swashplates. This proposed letter will not be publicly viewable as assist DOE in the process. Anyone who AD would retain the inspection long as it does not include any wishes to be added to the DOE mailing requirements of AD 2018–08–01, comments. list to receive future notices and expand the applicability, establish a life Include contact information each time information about this process should limit, and add a one-time inspection of you submit comments, data, documents, contact Appliance and Equipment stripped yokes. The actions of this and other information to DOE. If you Standards Program staff at (202) 287– proposed AD are intended to address an submit via postal mail or hand delivery/ 1445 or via email at unsafe condition on these products. courier, please provide all items on a ApplianceStandardsQuestions@ DATES: The FAA must receive comments CD, if feasible. It is not necessary to ee.doe.gov. on this proposed AD by August 3, 2020.

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ADDRESSES: You may send comments by supporting data. To ensure the docket Accordingly, EASA AD 2019–0074 any of the following methods: does not contain duplicate comments, retains the requirements of EASA AD • Federal eRulemaking Docket: Go to commenters should send only one copy 2017–0191R2 and adds the life limit and https://www.regulations.gov. Follow the of written comments, or if comments are the reporting requirement. online instructions for sending your filed electronically, commenters should Additionally, the FAA issued AD comments electronically. submit only one time. 2018–08–01 to address the unsafe • Fax: 202–493–2251. The FAA will file in the docket all condition of a crack in a swashplate • Mail: Send comments to the U.S. comments received, as well as a report yoke. However, AD 2018–08–01 did not Department of Transportation, Docket summarizing each substantive public require stripping certain yokes and Operations, M–30, West Building contact with FAA personnel concerning performing a one-time inspection within Ground Floor, Room W12–140, 1200 this proposed rulemaking. Before acting 100 hours time-in-service (TIS) for New Jersey Avenue SE, Washington, DC on this proposal, the FAA will consider corrosion and a crack as specified in 20590–0001. all comments received on or before the EASA AD 2017–0191R2, as there is • Hand Delivery: Deliver to the closing date for comments. The FAA sufficient time to allow for notice and ‘‘Mail’’ address between 9 a.m. and 5 will consider comments filed after the comment prior to this long-term AD p.m., Monday through Friday, except comment period has closed if it is requirement going into effect. The FAA Federal holidays. possible to do so without incurring has determined this inspection is expense or delay. The FAA may change needed to address this unsafe condition Examining the AD Docket this proposal in light of the comments and has proposed to require, within 100 You may examine the AD docket on received. hours TIS and for certain yokes, the internet at https:// removing the grease and stripping Discussion www.regulations.gov by searching for certain areas of the yokes and inspecting and locating Docket No. FAA–2020– The FAA issued AD 2018–08–01, these areas for corrosion, pitting, loss of 0513; or in person at Docket Operations Amendment 39–19254 (83 FR 17617, material, and a crack in this proposed between 9 a.m. and 5 p.m., Monday April 23, 2018) (‘‘AD 2018–08–01’’) for AD. Airbus Helicopters Model EC225LP through Friday, except Federal holidays. FAA’s Determination The AD docket contains this proposed helicopters. AD 2018–08–01 requires, AD, the European Union Aviation for certain serial-numbered swashplates These helicopters have been approved Safety Agency (EASA) AD, any part number (P/N) 332A31–3074–00 and by EASA and are approved for operation comments received and other P/N 332A31–3074–01, a repetitive in the United States. Pursuant to the information. The street address for visual inspection of the five yokes for a FAA’s bilateral agreement with the Docket Operations is listed above. crack and replacing the swashplate if European Union, EASA has notified the Comments will be available in the AD there is a crack in any of the yokes. FAA about the unsafe condition docket shortly after receipt. AD 2018–08–01 was prompted by described in its AD. The FAA is For service information identified in EASA AD No. 2017–0191R2, dated proposing this AD after evaluating all this proposed rule, contact Airbus December 15, 2017 (EASA AD 2017– known relevant information and Helicopters, 2701 N Forum Drive, Grand 0191R2), issued by EASA, which is the determining that an unsafe condition is Prairie, TX 75052; telephone 972–641– Technical Agent for the Member States likely to exist or develop on other 0000 or 800–232–0323; fax 972–641– of the European Union. EASA advised helicopters of the same type design. of a finding by Airbus Helicopters that 3775; or at https://www.airbus.com/ Related Service Information Under 1 the yoke is susceptible to cracking due helicopters/services/technical- CFR Part 51 support.html.You may view this to strain aging of the metal. EASA The FAA reviewed one document that referenced service information at the advised that this condition, if not co-publishes two Airbus Helicopters FAA, Office of the Regional Counsel, detected and corrected, could lead to EASB identification numbers: EASB Southwest Region, 10101 Hillwood structural failure of a yoke, possibly 05A051 for Model EC225LP helicopters Pkwy., Room 6N–321, Fort Worth, TX resulting in loss of control of the and EASB No. 05A046, Revision 2, 76177. helicopter. dated February 26, 2019, for non-FAA FOR FURTHER INFORMATION CONTACT: Matt Actions Since AD 2018–08–01 Was type-certificated Model EC725AP Fuller, Senior Aviation Safety Engineer, Issued helicopters. EASB 05A051 is proposed Safety Management Section, Rotorcraft Since the FAA issued AD 2018–08– for incorporation by reference in this Standards Branch, FAA, 10101 01, Airbus Helicopters revised the proposed AD. Airbus Helicopters EASB Hillwood Pkwy., Fort Worth, TX 76177; related service information, Emergency No. 05A046 is not proposed for telephone 817–222–5110; email Alert Service Bulletin (EASB) No. incorporation by reference in this [email protected]. 05A051, Revision 1, dated November proposed AD. SUPPLEMENTARY INFORMATION: 16, 2017, to Revision 2, dated February This service information specifies 26, 2019 (EASB 05A051). EASB 05A051 inspections for swashplate P/N 332A31– Comments Invited establishes a life limit (also called a 3074–00 and P/N 332A31–3074–01. The FAA invites you to participate in service life limit) of 12 years for the This service information specifies this rulemaking by submitting written swashplate and adds a reporting procedures for a repetitive inspection of comments, data, or views. The FAA also requirement if there is a crack or the yokes for a crack and a one-time invites comments relating to the corrosion in a yoke. inspection of the stripped yokes for economic, environmental, energy, or Thereafter, EASA superseded EASA corrosion and a crack. If in doubt about federalism impacts that might result AD 2017–0191R2 with EASA AD No. whether there is a crack, this service from adopting the proposals in this 2019–0074, dated March 28, 2019 information specifies performing a non- document. The most helpful comments (EASA AD 2019–0074). EASA advises destructive inspection. This service reference a specific portion of the that additional analysis determined that information also specifies touching up proposal, explain the reason for any it is necessary to introduce a new life the swashplate with varnish if there is recommended change, and include limit for the affected swashplates. corrosion, removing any damage within

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allowable limits, and refinishing the instructions for reporting inspection States, on the relationship between the yokes. If there is a crack in a yoke, this reports; this proposed AD does not. national Government and the States, or service information specifies replacing on the distribution of power and Costs of Compliance the swashplate. This service information responsibilities among the various also specifies a life limit of 12 years The FAA estimates that this proposed levels of government. since the date of manufacture for the AD affects 26 helicopters of U.S. For the reasons discussed, I certify swashplates and reporting requirements Registry. The FAA estimates that this proposed regulation: if a crack or corrosion is discovered. operators may incur the following costs 1. Is not a ‘‘significant regulatory This service information is reasonably in order to comply with this proposed action’’ under Executive Order 12866, available because the interested parties AD. Labor costs are estimated at $85 per 2. Will not affect intrastate aviation in have access to it through their normal work-hour. Alaska, and course of business or by the means Determining the date of manufacture 3. Will not have a significant identified in the ADDRESSES section. of the swashplate would take about 0.5 economic impact, positive or negative, work-hour for an estimated cost of $43 Other Related Service Information on a substantial number of small entities per helicopter and $1,118 for the U.S. under the criteria of the Regulatory The FAA reviewed one document that fleet. Flexibility Act. co-publishes two Airbus Helicopters Inspecting the yokes would take about EASB identification numbers: No. 0.25 work-hour for an estimated cost of List of Subjects in 14 CFR Part 39 05A051 for Model EC225LP helicopters $21 per helicopter and $546 for the U.S. Air transportation, Aircraft, Aviation and No. 05A046 for non-FAA type- fleet per inspection cycle. safety, Incorporation by reference, certificated Model EC725AP helicopters, Removing grease, stripping the yokes, Safety. each Revision 1 and dated November and inspecting the stripped yokes 16, 2017. Revision 1 of this service would take about 8 work-hours, for a The Proposed Amendment information specifies the same total estimated cost of $680 per Accordingly, under the authority inspections as Revision 2 of this service helicopter. delegated to me by the Administrator, information. However, Revision 2 of this Dye-penetrant inspecting a yoke for a the FAA proposes to amend 14 CFR part service information clarifies some of the crack would take about 6 work-hours 39 as follows: inspection instructions and adds a life and parts would cost about $50, for an limit and a reporting requirement. estimated cost of $560 per yoke. PART 39—AIRWORTHINESS Removing any corrosion or repairing DIRECTIVES Proposed AD Requirements damage within the allowable limit This proposed AD would require, would take about 3 work-hours, for an ■ 1. The authority citation for part 39 before further flight, reviewing estimated cost of $255 per yoke. continues to read as follows: Appendix 4.A. of EASB 05A051 to Replacing the swashplate would take Authority: 49 U.S.C. 106(g), 40113, 44701. determine the date of manufacture of about 6 work-hours, and parts would the swashplate and establishing a life cost about $85,661 for an estimated cost § 39.13 [Amended] limit of 12 years since the date of of $86,171 per instance. ■ 2. The FAA amends § 39.13 by manufacture. This proposed AD would removing Airworthiness Directive (AD) retain the repetitive visual inspections Authority for This Rulemaking 2018–08–01, Amendment 39–19254 (83 of AD 2018–08–01 to inspect each yoke Title 49 of the United States Code FR 17617, April 23, 2018), and adding for a crack at intervals not to exceed 15 specifies the FAA’s authority to issue the following new AD: hours time-in-service for swashplates rules on aviation safety. Subtitle I, Airbus Helicopters: Docket No. FAA–2020– that have accumulated less than 7 years section 106, describes the authority of 0513; Product Identifier 2019–SW–037– since the date of manufacture. For a the FAA Administrator. Subtitle VII: AD. Aviation Programs, describes in more swashplate that has accumulated 7 or (a) Applicability more years, but less than 12 years, since detail the scope of the Agency’s the date of manufacture, this proposed authority. This AD applies to Airbus Helicopters Model EC225LP helicopters, certificated in AD would require removing the grease The FAA is issuing this rulemaking under the authority described in any category, with a main rotor (M/R) and stripping certain areas of the yokes rotating swashplate (swashplate) part number and inspecting these areas for corrosion, Subtitle VII, Part A, Subpart III, Section (P/N) 332A31–3074–00 or P/N 332A31– pitting, loss of material, and a crack. If 44701: General requirements. Under 3074–01 installed. there are no cracks, this AD would that section, Congress charges the FAA (b) Unsafe Condition require performing a dye penetrant with promoting safe flight of civil inspection of the yoke for a crack. aircraft in air commerce by prescribing This AD defines the unsafe condition as a Depending on the results of this regulations for practices, methods, and crack in a swashplate control rod attachment inspection, the proposed AD would procedures the Administrator finds yoke (yoke). This condition could result in necessary for safety in air commerce. failure of the yoke, loss of M/R control, and require either repairing the surface of subsequent loss of control of the helicopter. the swashplate or removing it from This regulation is within the scope of service. that authority because it addresses an (c) Affected ADs unsafe condition that is likely to exist or This AD replaces AD 2018–08–01, Differences Between This Proposed AD develop on products identified in this Amendment 39–19254 (83 FR 17617, April and the EASA AD rulemaking action. 23, 2018). The EASA AD requires performing a (d) Comments Due Date non-destructive inspection only if there Regulatory Findings is doubt whether there is a crack. The FAA determined that this The FAA must receive comments by August 3, 2020. Instead, this proposed AD requires a proposed AD would not have federalism visual inspection and if there are no implications under Executive Order (e) Compliance cracks, requires a non-destructive 13132. This proposed AD would not You are responsible for performing each inspection. The EASA AD specifies have a substantial direct effect on the action required by this AD within the

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specified compliance time unless it has (g) Credit for Previous Actions 201, PA–28R–201T, PA–28RT–201, PA– already been accomplished prior to that time. If you performed the actions in paragraph 28RT–201T, PA–32–260, and PA–32– (f) Required Actions (f)(4) before the effective date of this AD 300 airplanes. The notice of proposed using Airbus Helicopters Emergency Alert Before further flight, review Appendix 4.A. rulemaking (NPRM) was prompted by a Service Bulletin No. 05A051, Revision 1, of Airbus Helicopters Emergency Alert report of a wing separation caused by dated November 16, 2017, you met the Service Bulletin No. 05A051, Revision 2, fatigue cracking in a visually requirements of paragraph (f)(4) of this AD. dated February 26, 2019 (EASB 05A051) to inaccessible area of the lower main wing determine the date of manufacture of the (h) Alternative Methods of Compliance spar cap. This action revises the NPRM swashplate. (AMOCs) by adding and removing certain models (1) If the swashplate has accumulated 12 or (1) The Manager, Safety Management of airplanes in the Applicability, more years since the date of manufacture, Section, Rotorcraft Standards Branch, FAA, proposing to require the use of service remove from service the swashplate. may approve AMOCs for this AD. Send your (2) If the swashplate has accumulated less information that was issued since the proposal to: Matt Fuller, Senior Aviation NPRM, and clarifying some of the than 12 years since the date of manufacture, Safety Engineer, Safety Management Section, create a component history card or proposed actions. The FAA is proposing Rotorcraft Standards Branch, FAA, 10101 this airworthiness directive (AD) to equivalent record indicating a life limit of 12 Hillwood Pkwy., Fort Worth, TX 76177; years since the date of manufacture. telephone 817–222–5110; email 9-ASW-FTW- address the unsafe condition on these Thereafter, continue to record the life limit [email protected]. products. Since these actions would of the swashplate on its component history (2) For operations conducted under a 14 impose an additional burden over those card or equivalent record and remove from CFR part 119 operating certificate or under proposed in the NPRM, the FAA is service any swashplate before accumulating 14 CFR part 91, subpart K, the FAA suggests reopening the comment period to allow 12 years since the date of manufacture. that you notify your principal inspector, or (3) For each swashplate that has the public the chance to comment on lacking a principal inspector, the manager of these changes. accumulated less than 7 years since the date the local flight standards district office or DATES: of manufacture, within 15 hours time-in- certificate holding district office before The comment period for the service (TIS) and thereafter at intervals not to operating any aircraft complying with this NPRM published in the Federal exceed 15 hours TIS, until the swashplate AD through an AMOC. Register on December 21, 2018 (83 FR accumulates 7 years since the date of 65592), is reopened. manufacture, visually inspect each yoke for (i) Additional Information The FAA must receive comments on a crack, paying particular attention to the The subject of this AD is addressed in this SNPRM by July 20, 2020. areas shown in Details B, C, and D of Figure European Union Aviation Safety Agency ADDRESSES: You may send comments, 1 of EASB 05A051. (EASA) AD No. 2019–0074, dated March 28, (i) If there are no cracks, perform a dye 2019. You may view the EASA AD on the using the procedures found in 14 CFR penetrant inspection of the yoke for a crack. internet at https://www.regulations.gov in the 11.43 and 11.45, by any of the following (ii) If there is a crack on a yoke, before AD Docket. methods: further flight, remove from service the • Federal eRulemaking Portal: Go to swashplate. (j) Subject https://www.regulations.gov. Follow the (4) For each swashplate that has Joint Aircraft Service Component (JASC) instructions for submitting comments. accumulated 7 or more years, but less than Code: 6230, Main Rotor Mast/Swashplate. • Fax: 202–493–2251. 12 years, since the date of manufacture, • within 100 hours TIS: Issued on May 27, 2020. Mail: U.S. Department of (i) Remove the grease from areas (E), (F), Lance T. Gant, Transportation, Docket Operations, M– (G), (H), (J), and (K) of each yoke as shown Director, Compliance & Airworthiness 30, West Building Ground Floor, Room in Details B, C, and D of Figure 1 of EASB Division, Aircraft Certification Service. W12–140, 1200 New Jersey Avenue SE, 05A051. Using a plastic spatula, strip areas [FR Doc. 2020–11821 Filed 6–2–20; 8:45 am] Washington, DC 20590. (E), (F), (G), (H), (J), and (K) of each yoke as • BILLING CODE 4910–13–P Hand Delivery: U.S. Department of shown in Details B, C, and D of Figure 1 of Transportation, Docket Operations, M– EASB 05A051. Do not use a metal tool to 30, West Building Ground Floor, Room strip any area of a yoke. (ii) Inspect areas (E), (F), (G), (H), (J) and DEPARTMENT OF TRANSPORTATION W12–140, 1200 New Jersey Avenue SE, (K) of each yoke as shown in Details B, C, Washington, DC 20590, between 9 a.m. and D of Figure 1 of EASB 05A051 for Federal Aviation Administration and 5 p.m., Monday through Friday, corrosion, pitting, and loss of material. except Federal holidays. (A) If there is any corrosion less than 14 CFR Part 39 For service information identified in 0.0078 in. (0.2 mm), before further flight, [Docket No. FAA–2018–1046; Product this SNPRM, Piper Aircraft, Inc., 2926 remove the corrosion and apply varnish Identifier 2018–CE–049–AD] Piper Drive, Vero Beach, Florida 32960; (Vernelec 43022 or equivalent) to the surface telephone: (772) 567–4361; internet: of areas (E), (F), (G), (H), (J) and (K). RIN 2120–AA64 www.piper.com. You may view this (B) If there is any pitting or loss of material service information at the FAA, of less than 0.0078 in. (0.2 mm), before Airworthiness Directives; Piper Airworthiness Products Section, further flight, remove the damage by sanding Aircraft, Inc. Airplanes with sandpaper 200/400 or 330. Operational Safety Branch, 901 Locust, (C) If there is any corrosion, pitting, or loss AGENCY: Federal Aviation Kansas City, Missouri 64106. For of material of 0.0078 in. (0.2 mm) or greater, Administration (FAA), DOT. information on the availability of this before further flight, remove from service the ACTION: Supplemental notice of material at the FAA, call (816) 329– swashplate. proposed rulemaking (SNPRM); 4148. (iii) Visually inspect each yoke for a crack, paying particular attention to the areas reopening of comment period. Examining the AD Docket shown in Details B, C, and D of Figure 1 of SUMMARY: The FAA is revising an earlier You may examine the AD docket on EASB 05A051. (A) If there are no cracks, perform a dye proposal for certain Piper Aircraft, Inc. the internet at https:// penetrant inspection of the yoke for a crack. (Piper) Models PA–28–140, PA–28–150, www.regulations.gov by searching for (B) If there is a crack on a yoke, before PA–28–151, PA–28–160, PA–28–161, and locating Docket No. FAA–2018– further flight, remove from service the PA–28–180, PA–28–181, PA–28–235, 1046; or in person at Docket Operations swashplate. PA–28R–180, PA–28R–200, PA–28R– between 9 a.m. and 5 p.m., Monday

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through Friday, except Federal holidays. inspection requirements proposed in the Since these actions impose an The AD docket contains this SNPRM, NPRM. additional burden over that in the the NPRM, the regulatory evaluation, Because airplanes used in training NPRM, the FAA is reopening the any comments received, and other and other high-load environments are comment period to allow the public the information. The street address for typically operated for hire and have chance to comment on this change. Docket Operations is listed above. inspection programs that require 100- Comments Comments will be available in the AD hour inspections, the FAA determined docket shortly after receipt. the number of 100-hour inspections an The FAA gave the public the FOR FURTHER INFORMATION CONTACT: Dan airplane has undergone would be the opportunity to comment on the NPRM McCully, Aerospace Engineer, Atlanta best indicator of the airplane’s usage and received approximately 168 ACO Branch, FAA, 1701 Columbia history. Accordingly, the FAA comments. The majority of the Avenue, College Park, Georgia 30337; developed a factored service hours commenters were individual phone: (404) 474–5548; fax: (404) 474– formula based on the number of 100- maintenance personnel and operators. 5605; email: [email protected]. hour inspections completed on the The remaining commenters included airplane. SUPPLEMENTARY INFORMATION: Piper, governmental agencies such as The NPRM proposed to require a the European Union Aviation Safety Comments Invited review of the airplane maintenance Agency (EASA) and the National records to determine the number of 100- Transportation Safety Board (NTSB), The FAA invites you to send any hour inspections and the application of written relevant data, views, or and organizations such as the Aircraft the factored service hours formula to Owners and Pilots Association (AOPA), arguments about this proposal. Send identify when an airplane meets the your comments to an address listed the Experimental Aircraft Association criteria for the proposed eddy current (EAA), and the General Aviation under the ADDRESSES section. Include inspection of the lower main wing spar ‘‘Docket No. FAA–2018–1046; Product Manufacturers Association (GAMA). bolt holes. The NPRM also proposed to The following presents the relevant Identifier 2018–CE–049–AD’’ at the require inspecting the lower main wing beginning of your comments. The FAA comments received on the NPRM and spar bolt holes for cracks once a main the FAA’s response to each comment. specifically invites comments on the wing spar exceeds the specified factored overall regulatory, economic, service hours and replacing any main A. Supportive Comments environmental, and energy aspects of wing spar when a crack is indicated. Fifteen comments were received in this SNPRM. The FAA will consider all The maintenance records review to support of the NPRM. Five of these comments received by the closing date determine the factored service hours commenters specifically supported the and may amend this SNPRM because of proposed by the NPRM would only proposed eddy current inspection those comments. apply when an airplane has either method. The NTSB specifically The FAA will post all comments accumulated 5,000 or more hours time- supported the proposed requirement to received, without change, to https:// in-service (TIS); has had either main report inspection results to the FAA. www.regulations.gov, including any wing spar replaced with a serviceable personal information you provide. The main wing spar (more than zero hours B. Comments Regarding the FAA’s FAA will also post a report TIS); or has missing and/or incomplete Justification of the Unsafe Condition summarizing each substantive verbal maintenance records. contact received about this SNPRM. Many commenters requested that the Actions Since the NPRM Was Issued FAA provide more information about Discussion After a review of the comments the root cause and clarify the FAA’s The FAA issued an NPRM to amend received on the NPRM and further unsafe condition determination. 14 CFR part 39 by adding an AD that analysis, the FAA determined that some Requests for Information About the would apply to certain Piper Aircraft, additional airplane models are likely to Accident Airplane Inc. (Piper) Models PA–28–140, PA–28– be affected by the unsafe condition and 150, PA–28–151, PA–28–160, PA–28– should be included in the applicability, Mitchell Ross requested information 161, PA–28–180, PA–28–181, PA–28– while other models are not affected and regarding the background of the 235, PA–28R–180, PA–28R–200, PA– should be removed from the accident airplane that prompted the 28R–201, PA–28R–201T, PA–28RT–201, applicability. Consequently, this NPRM, including its manufacturing and PA–28RT–201T, PA–32–260, and PA– SNPRM revises the applicability and the maintenance history. This commenter 32–300 airplanes. The NPRM published estimated cost associated with the and Robert Cunningham also questioned in the Federal Register on December 21, proposed AD actions. This SNPRM also the operational history of the accident 2018 (83 FR 65592). clarifies the applicability and some of airplane. Nine other commenters The NPRM was prompted by a fatal the proposed actions. In addition, this questioned the FAA’s determination accident involving wing separation on a supplemental NPRM no longer allows that an unsafe condition exists based on Piper Model PA–28R–201 airplane. An replacement of the wing spar with a only one failure in 30 years. investigation revealed a fatigue crack in used part. The FAA determined The FAA agrees. All publicly a visually inaccessible area of the lower replacement of the wing spar with a part available information about the accident main wing spar cap. The NPRM of unknown operational history would airplane, including the information included other model airplanes with not ensure an acceptable level of safety. requested by the commenters, is similar wing spar structures as the Since the NPRM was issued, Piper available in the NTSB docket for Model PA–28R–201. Based on airplane issued a service bulletin that contains accident number ERA18FA120. This usage history, the FAA determined that procedures for the eddy current information can be viewed at https:// only those airplanes with higher risk for inspection. This SNPRM proposes to dms.ntsb.gov/pubdms/search/ fatigue cracks (airplanes with a require that service bulletin to do the hitlist.cfm?docket significant history of operation in flight eddy current inspection instead of the ID=62694&CFID=95094&CFTOKEN training or other high-load inspection procedure in the appendix to =b616b3892cb482f1-5B544A63-5056- environments) should be subject to the the NPRM. 942C-92C71C2E6BFF1D97.

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Requests for Information About the Root experienced an in-flight wing separation simultaneously requiring inspections to Cause of the Unsafe Condition on April 4, 2018. mitigate the unsafe condition. The The FAA does not agree. In David Hedley and Dana Pyle noted primary considerations in reaching the accordance with 14 CFR 39.5, the FAA that Piper’s steel supplier changed in decision for an interim AD were: (1) The issues airworthiness directives when an the 1980s. These commenters and catastrophic failure mode resulting from unsafe condition exists in the product, Robert Cunningham questioned whether this condition, and (2) the inability to and the condition is likely to exist or inferior metal could be a factor. Tom detect the subject cracking during a develop in other products of the same routine inspection. The NTSB accident McIntosh, Dana Pyle, and Robert type design. While the NTSB Cunningham questioned whether database shows a relatively small contributes critical information to number of Piper Model PA–28 airplane coastal environments contributed to the accident prevention efforts, the FAA’s corrosion and metal fatigue. Steven wing failures related to fatigue cracks determinations of unsafe conditions are (three known). However, the only Rosenfield asked the FAA to confirm not dependent on the outcome of NTSB whether the fatigue cracking is caused reported cracks were discovered after investigations. The FAA, Piper, and the wing separations, since the cracks by a design defect or a manufacturing NTSB concurred that the subject failure error. Some commenters suggested that developed and grew in a normally was the result of an undetected fatigue concealed structural area. In addition, it the problem is caused by other issues crack in the wing spar. This was such as inadequate inspection and can be predicted based on engineering supported by the NTSB’s release of priniciples of crack propagation that a maintenance practices, and hard Preliminary Report ERA18FA120 and a landings that go unreported. fatigue crack in this location will grow later Investigative Update, which with each load cycle and eventually The FAA agrees to provide additional disclosed additional fatigue cracks on information. The NTSB Materials result in wing spar failure. Due to the another airplane. Although the NTSB’s fatality rate associated with the known Laboratory conducted hardness testing final report (issued after the NPRM and electrical conductivity testing of the failures, the risk analysis protocol used published) provides additional details by the FAA justifies mandatory accident spar and sent spar samples to regarding the accident, it does not yield an independent laboratory for tension corrective action. Both the NPRM and information previously unknown to the this SNPRM employ methodology to testing and chemical analysis. Tests FAA that would have altered the results showed that the spar material screen out the majority of lower-risk content of the NPRM, nor did the NTSB airplanes based on usage history. The conformed to type design (see NTSB request the FAA delay issuing the report No. 18–061, Materials Laboratory FAA did not make changes to this NPRM pending its final report. The SNPRM based on these comments. Factual Report). Corrosion was not NTSB reports may be found at https:// determined to be a contributing factor. www.ntsb.gov/investigations/pages/ C. Comments Regarding Applicability Regarding the concern about inadequate era18fa120.aspx. The FAA did not make inspections and maintenance practices, Requests To Revise the Airplane Models changes to this SNPRM based on these Listed in the Applicability Section the NTSB report did not indicate there comments. was any evidence of inadequate Piper, EAA, and GAMA stated that inspection and maintenance practices. Request To Withdraw the NPRM the applicability of the proposed AD is Dwight Schrute, Ross Carbiner, too broad and includes models with Request To Reference the Piper Model Thomas Feminella, AOPA, EAA, different structural layouts and loads, or PA–28R–201 Accident GAMA, Piper, and 21 other commenters other key aspects that affect spar fatigue. AOPA noted the absence of any stated that because the AD was issued Piper specifically advised the FAA to specific mention of the April 4, 2018, as an interim action with a reporting rely on Piper’s analysis and limit the Piper PA–28R–201 accident (NTSB requirement, the AD is inappropriate proposed AD to Piper Models PA–28R– Accident Number ERA18FA120) in the and does not address a known unsafe 180, PA–28R–200, PA–28R–201, PA– NPRM. The commenter stated its belief condition. Nine of those commenters 28R–201T, PA–28RT–201, PA–28RT– that the accident is a driving force stated that a special advisory 201T, and PA–28–235 airplanes (all behind the NPRM. information bulletin (SAIB), service serial numbers), and certain serial- The FAA agrees. The preamble of this bulletin, or other voluntary action is a numbered Models PA–32–260 and PA– SNPRM has been revised to add more appropriate method of addressing 32–300 airplanes. Eight other information related to the accident. the wing spar fatigue cracking. Four of commenters agreed with the comments those commenters opposed the AD submitted by Piper. AOPA and two Requests To Wait for NTSB Final Report generally. Michael Powell did not individual commenters expressed Before Issuing AD Action request to withdraw the NPRM, but concern that the FAA did not accept Joseph Oh, The University of North suggested the FAA obtain information Piper’s recommendation on the limited Dakota (UND Aerospace), AOPA, Navid from DeHaviland Support, because this scope of airplanes that may be subject Rahimi, Benjamin Morgan, and eight company has experience with a relevant to the unsafe condition. The NTSB other commenters requested the FAA wing spar fatigue monitoring scheme supported the inclusion of Models PA– wait for the conclusion of the NTSB that has been implemented for the 28–235, all PA–28R-series, PA–32–260, investigation before issuing an AD. DeHaviland Model Chipmunk airplanes. and PA–32–300 airplanes in the These commenters stated or suggested Three other commenters suggested the proposed AD, and requested that the that the proposed AD is premature and FAA gather data from voluntary FAA reconsider whether the proposed that the NTSB’s determinations would inspections and salvage parts before AD should include all PA–28-series affect the content or necessity of the issuing an AD. models (other than Model PA–28–235). proposed AD. Piper stated that the The FAA does not agree to withdraw Thomas Rae identified Piper model proposed AD would likely interfere the NPRM. The FAA may issue an AD seaplanes and airplanes that, given their with the NTSB’s investigation. Some of as an interim action for several reasons, similar structure, hours in service, and/ these commenters specifically including to obtain inspection results to or use in flight training, should be referenced the NTSB’s investigation of a determine the necessity of additional added to the Applicability section of the Piper Model PA–28R–201 Arrow III that action or final action, while proposed AD. Twelve other commenters

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requested the FAA clarify the inclusion (Models PA–28–140, PA–28–150, PA– under 14 CFR part 135 are not subject or exclusion of various specific models. 28–160, PA–28–161, and PA–28–180) to the harsh training environment of Charles Martinak stated wingspan, from the Applicability section of this training operations and are instead maximum gross takeoff weight, and SNPRM, for a net reduction of flown by highly trained pilots on longer retractable gear architecture should be approximately 8,800 lower-risk aircraft. flights with fewer landings. the main similarity factors for inclusion The FAA developed a more precise Many of the commenters proposed in the applicability. methodology for identifying risk. Flight different methodologies to use in The FAA agrees that the models listed loads of all similar models were determining the factored service hours. in the Applicability of the proposed AD compared to those of the PA–28R–201 Chris Sobers, Thomas Downey, and should be revised. The Applicability (accident aircraft) as a baseline. Those three other commenters suggested using section was designed to screen out aircraft models with calculated wing total time on the airframe (‘‘TTAF’’) as lower-risk airplanes from the inspection loads greater than or equal to 95 percent a less complex method. Floris requirement by applying only to of baseline are considered at-risk and Oldenbroek asked whether the total airplanes with 5,000 or more hours TIS, are included in the new effectivity. time of the aircraft could be used unless maintenance records are missing While the additional parameters instead of the factored service hours and/or incomplete or a wing has been included in the new screening method formula if an airplane has only been replaced. The subsequent maintenance allowed us to remove many lower risk utilized as a trainer. Martin Kennett and records review to calculate factored aircraft, it also identified three models Lawrence Mangus suggested using the service hours was intended to eliminate that were not captured by the previous, number of landing cycles/severe an additional large number of remaining broader, approach. Because this landings as a better indication of fatigue airplanes from the AD requirements. methodology considers only the damage. Suggestions from other Only the airplanes at the highest risk for potential damage to the aircraft and not commenters included: Omitting 100- fatigue cracks would be required to the actual load history of an individual hour inspections performed in conduct the eddy current inspection. aircraft, the additional maintenance conjunction with an annual inspection; Piper Aircraft provided the FAA with record reviews are used to determine omitting 100-hour inspections extensive analyses of similarly when the AD becomes applicable to a performed voluntarily and not required structured airplanes, including specific aircraft. by § 91.409(b); using a severity factor to comparison of factors such as structural indicate primary use in flight training; geometry, certificated weights, design D. Comments Regarding the ‘‘Factored only including airplanes used by flights airspeeds, bending moments, and wing Service Hours’’ Formula schools/excluding airplanes with no loading parameters including gust loads, Requests To Clarify and Revise the history of use in training; and adding a maneuvering loads, and landing loads. ‘‘Factored Service Hours’’ Formula penalty for hard landings and major Although the FAA accepted all of wing damage. Piper’s initial recommended models for Floris Oldenbroek, Richard Davis, and The FAA agrees to explain the effectivity, Piper’s recommended three other commenters expressed formula based on these comments. The effectivity did not include the group of confusion at the formula and requested FAA developed the factored service airplanes addressed in Piper Aircraft, clarification and guidance; two of these hours formula to determine an Inc. Service Bulletin No. 886, dated June commenters specifically asked about the approximate factored service life for any 8, 1988 (Piper SB 886) (Wing Spar divisor ‘‘17.’’ Many commenters noted airplane, including those with mixed Inspection). Piper SB 886 includes the various flaws in the proposed usage history. The formula attributes Model PA–28–181 airplane, which was methodology for counting 100-hour 100 factored service hours for each 100- involved in two wing separation inspections. Tom Rafferty, Kenneth hour inspection recorded in the airplane accidents in 1987 and 1993. Both Minck, Brian Christie, and maintenance records. For an airplane accident airplanes had fatigue cracks in approximately 19 other commenters that has been inspected under the wing spar as mentioned in the NTSB stated maintainers often document 100- § 91.409(b) for its entire lifecycle, the Final Accident Report ERA18FA120. hour inspections as ‘‘annual’’ owner/operator may use hours TIS for Due to the inability to visually inspect inspections or as ‘‘annual/100-hour’’ the factored service hours. The divisor the specific area of the structure once inspections. EASA, AOPA, and three of 17 accounts for the difference in the wing has been assembled, cracks individual commenters stated that the structural life expectancy between may go undetected and unreported for formula would cause issues with ‘‘normal’’ use and ‘‘training’’ use, based a significant period of time. international operators because, unlike on industry studies of crack growth Consequently, a reported crack at this the FAA’s regulations, foreign civil development. Piper adopted a similar location is more likely to come from an aviation authorities do not distinguish formula for use in Piper SB 886 and investigation of a wing spar failure than between 100-hour and annual Piper Service Bulletin SB 978A, dated as the result of a routine inspection or inspections. Several other commenters August 6, 1999 (Piper SB 978A). maintenance. The FAA initially noted that using 100-hour inspections is This SNPRM includes guidance for expanded on Piper’s recommended not an accurate way of determining high determining the quantity ‘‘N’’ in the effectivity to include all airplane models stress flight hours. GAMA and five factored service hours formula based on in the Applicability section of Piper SB individual commenters noted that the the various maintenance record entry 886. formula does not address operators that notations that may be used to indicate Since issuing the NPRM, and partially are on a progressive inspection program compliance with the 100-hour in response to public comments, the under 14 CFR 91.409(d). Outer Banks inspection requirements. As proposed FAA has adopted a more focused risk Airlines and three individual in this SNPRM, the airplane criteria using load data provided by commenters stated that not all maintenance records review must Piper. This risk approach and the commercial operations, which will be consider any inspection that was done resulting change in applicability adds captured by counting 100-hour to comply with the 100-hour inspection three airplane models (Models PA–32R– inspections, are used for flight requirement under § 91.409(b), which 300, PA–32RT–300, and PA–32RT– instruction. These commenters pertains to carrying persons for hire and 300T) and removes five airplane models explained that charter flights operated providing flight instruction for hire.

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Regardless of whether the inspection is in paragraph (o) of this AD. The FAA The FAA disagrees. The effect of logged as an ‘‘annual’’ or ‘‘100-hour,’’ if will consider all AMOC requests on a fatigue on a structure is cumulative the purpose was to comply with the case-by-case basis. regardless of when it occurred. The 100-hour requirement of § 91.409(b), factored service hours formula takes Request for Clarification of When To then the inspection must be counted. into account airplanes with mixed usage Calculate Factored Service Hours The purpose of an inspection may be history and provides credit for hours determined by noting the interval Mark Talaga requested clarification on TIS accrued while in ‘‘normal’’ usage. between inspections (i.e., less than 10 the correct hours to require the eddy The FAA did not make changes to this months and typically from 90 to 110 current inspection, 5,000 hours TIS or SNPRM based on this comment. flight hours would indicate a Part 5,000 factored service hours. Richard Request To Allow the Owner/Operator 91.409(b) inspection). A ‘‘100-hour’’ Davis asked the FAA to clarify why the To Review the Airplane Maintenance inspection done concurrently with an records review would be done when the Records annual inspection, not required by airplane has 5,000 hours TIS and not § 91.409(b), does not have to be counted. 6,000 hours TIS. Tom McIntosh, Dennis Mulloy, and For operators utilizing a ‘‘progressive’’ The FAA agrees to provide additional four other commenters requested that inspection program, only inspections information on this proposed the owner/operator be allowed to review that complete each 100-hour cycle must requirement. The applicability the airplane maintenance records and be counted as a 100-hour inspection. paragraph of the NPRM referenced a calculate the factored service hours. The FAA has considered the impact table listing the potentially affected These commenters objected to the cost of the proposed formula on models and serial-numbered airplanes. associated with requiring a mechanic to international operators and agrees with It also provided three criteria to do the airplane maintenance record EASA that civil airworthiness determine if the AD applied to the review, when the owner/operator is authorities (CAAs) would have to models listed in the table: (1) The capable. develop a different approach instead of airplane has accumulated 5,000 or more The FAA agrees. The FAA does not fully adopting the FAA’s AD. The FAA hours TIS; (2) the airplane has had consider an airplane maintenance encourages CAAs to use their equivalent either main wing spar replaced with a records review to be a maintenance inspection requirements to account for serviceable main wing spar (more than action, and the SNPRM has been differences in terminology relative to zero hours TIS); or (3) the airplane clarified to state that the owner/operator annual versus 100-hour inspections and maintenance records are missing and/or (pilot) may conduct the review and other unique operational requirements. incomplete. calculate the factored service hours to The FAA is available to support any The 5,000 hours TIS criteria in determine if the eddy current inspection such efforts as requested by a CAA. proposed by this SNPRM is necessary. The FAA has also considered the paragraph (c), Applicability, is only used to determine if the AD applies to The airplane maintenance records alternative methods suggested by the review cost estimate has been retained commenters and determined that the the airplane. If the airplane does not meet any of the three criteria, then the in this SNPRM, since owners may formula in this SNPRM is the best choose to have a mechanic perform the method for allowing personal-use AD does not yet apply to that airplane. Only if and when one of those three initial review and factored service hours airplanes to defer the inspection. Using calculation. TTAF or TIS alone would not account conditions exist would the proposed AD for different types of usage history. require an airplane maintenance records E. Comments Regarding Missing Other commenters’ proposals, while review to determine the factored service Records logical and valid, are not based on hours. Then, only if the resulting calculation determines that the airplane Requests for Clarification of Missing regulatory recordkeeping requirements Aircraft Maintenance Records and therefore would create other has reached 5,000 factored service hours difficulties for owners and operators. must an eddy current inspection be Dennis Mulloy requested clarification For example, while use and history completed within 100 hours TIS. of what would constitute missing or specifically in flight training, landing The 5,000 factored service hours incomplete maintenance records. James cycles, and hard landings are valid compliance time is determined by Layton asked for guidance where indicators, there is no regulatory taking the known factored hours at spar logbook entries may be missing but the requirement for U.S. operators to failure, and regressing to predict the airplane has verifiable hours through maintain such records, particularly for time of crack initiation. Starting the the original tachometer. Michael personal use airplane maintenance inspection at 5,000 factored service Beasley requested clarification for records. The FAA considered adding a hours provides a reasonable opportunity missing logbooks that are reconstructed penalty for any history of major repairs to detect a crack before it reaches a by the maintenance facility that serviced to the wing, but determined it would dangerous length. Because it is the airplane. not be necessary. Any cracks, as well as impossible for an aircraft to accumulate The FAA agrees to provide other damage, would be detected and 5,000 factored service hours without clarification. The premise of calculating corrected during the repair to the wing, having flown 5,000 hours TIS, there is factored service hours to determine the as the FAA’s maintenance regulations no need to review an airplane’s risk category of an airplane is based on require restoring the wing to its original inspection record before 5,000 hours the accuracy and completeness of the or properly altered condition before TIS. airplane maintenance records for the approving it for return to service. In entire history of the airplane. An Request To Change Quantity of 100- addition, any operator that believes absence of airplane maintenance records Hour Inspections Used in the their airplane does not fit the entries over an extended period (as in Calculation applicability/risk focus of this SNPRM the case of dormant airplanes) does not may provide substantiating data and John Longley requested limiting the constitute missing or incomplete request approval of an alternative 100-hour inspection calculation to the maintenance records if tachometer/ method of compliance (AMOC) to the past 5, 7, or at most 10 years rather than Hobbs time continuity shows the AD action using the instructions found since the airplane was new. airplane did not operate during that

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time. For purposes of this proposed AD, intervals contained in Piper SB 886 and bolts to perform a voluntary inspection reconstructed records should be Piper SB 978A. of the fastener holes. considered the same as missing or The FAA disagrees. Piper SB 886 and The FAA disagrees. Compliance with incomplete records. Physically missing Piper SB 978A classify airplanes used in AD 87–08–08, Amendment 39–5615 (52 airplane maintenance records or flight training as ‘‘normal usage,’’ which FR 15302, April 28, 1987) (‘‘AD 87–08– logbook pages that include puts compliance for the initial 08’’) and AD 87–08–08R1, Amendment unaccounted-for operational hours or inspection far beyond the initial 39–5669 (52 FR 29505, August 10, records not retained after work is (critical) inspection time specified in 1987), which was rescinded on May 22, superseded in accordance with 14 CFR the NPRM. The FAA has found that this 1989, resulted in the dye penetrant 91.417(b)(1), would be considered compliance time is not sufficient to inspection of approximately 560 missing or incomplete maintenance address the unsafe condition. airplanes and required removing and records. Additionally, the compliance time reinstalling 18 bolts per wing, or over charts in Piper SB 886 and Piper SB 20,000 wing attach bolts. No known Requests for an Alternative Method for accidents have been attributed to bolt Missing Aircraft Maintenance Records 978A specify the airplane’s usage class based on subjective criteria such as hole damage resulting from these Michael Graziano, Duke Ball, Stephen ‘‘significant time’’ flown below 1,000 inspections. While the FAA Allen, and Olmond Hall requested that feet during any part of the airplane’s acknowledges the possibility of damage for airplanes with missing or incomplete history. There is no regulatory during any maintenance action, the maintenance records, operators be requirement for operators to record or relatively non-intrusive, wing-in-place allowed to assume that 100-hour maintain hours TIS by operation at inspection method proposed in the inspections were completed for the certain altitudes; thus, most operators NPRM and in this SNPRM would have purposes of calculating the factored would have no way of determining this minimal impact to affected airplanes. service hours, instead of being information. The FAA did not make changes to this automatically required to complete the Hillel Glazer proposed a specific SNPRM based on these comments. eddy current inspection. Four other tiered approach for compliance with the commenters proposed or requested Requests To Use a Different Inspection initial airplane maintenance records Method similar methods for attributing review by prioritizing airplanes based unknown hours TIS. on usage history, with the lowest tier Forrest Benson, Charles Donnelly, The FAA disagrees. While the FAA requiring the airplane maintenance James Graham, and twelve other does not object in theory with an record review within 100 hours TIS. commenters proposed using a different alternate method of computing factored Michael Graziano requested changing inspection method than an eddy current inspection, such as ultrasound, x-ray, service hours in the case of missing the compliance time from 30 days to 50 airplane maintenance records, there are dye/liquid penetrant, or borescope hours TIS or at the next annual other issues to consider. Missing inspections. Some of these commenters inspection, similar the service airplane maintenance records may mask proposed using a borescope because it information provided by Piper. The the replacement of a tachometer or would preclude removal of the bolts. FAA disagrees. The usage rate of each Hobbs meter, thus invalidating the total Many commenters expressed concern airplane after the effective date of the hours TIS. Missing records may hide about the availability of qualified AD will vary, and the use of calendar information on the history of the wing/ inspectors to do the eddy current time ensures all operators review their wing spar on the airplane. Without inspection and the need to deliver the maintenance records within a specified airplane maintenance records for the airplane to a distant facility to have the timeframe. Also, this SNPRM has been entire airplane’s history, an operator eddy current inspection done. revised to allow the owner/operator cannot determine if the airplane has the The FAA disagrees. Borescope and (pilot) to do the maintenance records original wing(s) or a replacement dye penetrant methods are not generally review. If the review of the maintenance wing(s). For this reason, the FAA capable of detecting cracks in the records and the factored service hours determined that, for purposes of this targeted range of .030 to .050 inch. Once indicate the operator must have an eddy proposed AD, operators with missing or a fatigue crack reaches a visibly current inspection done on the airplane, incomplete records must assume that detectable size, growth can accelerate at the compliance time is within 100 hours the wing history is unknown. An owner a dangerous rate. It is imperative that TIS after the factored service hours who can provide other documentation operators identify any cracks while determination. supporting the history of the airplane or within the targeted range. Also, because The FAA did not make changes to this the lower spar cap sits on the spar carry wing spar and show an acceptable level SNPRM based on these comments. of safety may request approval of an through and its upper flanges are AMOC to the AD action with G. Comments Regarding the Proposed covered by the web doublers, the spar substantiating data using the Inspection cap is not visually inspectable when instructions found in paragraph (o) of installed. The insides of the bolt holes Requests To Remove Eddy Current are not visible with a borescope inside this SNPRM. The FAA will review all Inspection Because of Possible Damage AMOC requests and may approved the the wing carry-through assembly requests on a case-by-case basis. The Daniel Stanley, Thomas Wiedenbeck, without removing the bolts. While the FAA did not make changes to this Mitchell Ross, Dana Pyle, Don Morris, FAA acknowledges the value of x-ray SNPRM based on these comments. Piper, and 17 other commenters stated technology and ultrasound inspections that removal of wing attach bolts for the in material identification and thickness F. Comments Regarding Compliance purpose of conducting the bolt hole determination, those methods are not Times inspection would create the potential of considered capable of reliably detecting Thurman Bodenheimer, Christian maintenance-induced damage to the very small fatigue cracks. Changes made Quitntero, and three other commenters airplanes that would outweigh any to the proposed AD in response to other requested that the compliance times and benefits realized from the inspection. comments will increase the availability intervals in the NPRM be changed to Piper advised of reports of damaged of inspectors qualified to do the eddy match the airplane usage groups and spar bolt holes caused by removal of the current inspections. The FAA did not

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make additional changes to this SNPRM Requests To Expand the Eddy Current inspection of the wing spar attach as a result of these comments. Inspection Qualifications points to this SNPRM. There is insufficient evidence to conclude that Requests To Use a Different Eddy Samuel Tucker, Norman Jones, and Humphrey Penney requested the the forward or aft wing spar attach Current Inspection Method and points have contributed to the unsafe Equipment proposed requirement for NAS 410 Level II or Level III qualifications to condition addressed in this SNPRM. Tony Brand submitted an eddy perform the eddy current inspection be The FAA did not change this SNPRM as current inspection procedure and expanded to include equivalent a result of these comments. requested approval to use this method certifications. Requests Regarding the Installation of as an alternative method of compliance. The FAA agrees. The FAA has revised Access Panels John Longley, Jr. requested that the eddy the proposed AD to allow Level II or David Sampson and Gerald Brown current inspection not require specific Level III qualification standards for expressed concern that the NPRM fails proprietary equipment. The FAA agrees inspection personnel using any of the to address that holes have to be cut in that alternate eddy current methods may inspector criteria approved by the FAA the wing skin and access panels be acceptable. For any owner/operator to conduct the eddy current inspection. installed to access the inspection area. who wishes to use a different procedure, This proposed change would increase The FAA disagrees. The eddy current the FAA will consider requests for the availability of inspectors qualified to inspection proposed by the NPRM does approval of an AMOC if sufficient data do the eddy current inspections. not require installing holes or access is submitted to substantiate that it panels. The FAA did not make changes would provide an acceptable level of Requests To Clarify/Develop Additional to this SNPRM as a result of this safety, using the instructions in Actions comment. paragraph (o) of this AD. The FAA will Mark Morris, Tony Brand, Michael consider all AMOC requests on a case- Graziano, and Michael Beasley H. Comment Regarding the Reporting by-case basis. requested information about recurring Requirement Neither the NPRM, nor this SPNRM, inspection requirements associated with GAMA requested that the FAA revise propose to require the use of any the NPRM. Forrest Benson asked the proposed AD to require reporting particular model equipment. The NPRM whether the FAA and Piper could inspection results to both the FAA and and Piper Service Bulletin No. 1345, develop a doubler repair instead of to Piper, the type certificate holder. dated March 3, 2020, which this requiring replacement of the spar due to The FAA agrees and has revised this SNPRM proposes to incorporate by parts unavailability. William Johnson SNPRM accordingly. reference, contain optional examples of noted that the only permanent solution would be to produce a spar strap or I. Comments Regarding Credit for equipment that meet the requirements Previous Maintenance Actions for conducting the eddy current reinforcing plate. The FAA agrees to inspection. provide additional information related Bryan Russell, Mark Maxwell, Art to follow-on actions that may be Sebesta, and Charles Martinak asked for Requests for Clarification of Bolt Hole associated with this proposed AD. As a credit for airplanes that have previously Inspection proposed interim action, this SNPRM complied with AD 87–08–08, Piper SB would require a one-time inspection for 886, or Piper SB 978A, which specified EASA requested clarification on the cracks and a reporting requirement. The removal of both wings and dye bolt holes to be inspected. EASA stated FAA will evaluate the results of the penetrant inspection of all main spar that Piper’s service bulletins specify reports to determine if mandating attach bolts. inspecting a larger area of the lower spar terminating or repetitive action is The FAA disagrees. Dye penetrant cap and asked whether inspecting only warranted. The FAA and Piper have inspection methods are not generally the two outboard holes, as proposed in discussed possible contingent repetitive capable of detecting cracks in the the NPRM, is adequate. Blue Skies and terminating actions and determined targeted range of .030 to .050 inch. Flying Services requested clarification that a doubler repair is not a practical Additionally, the FAA is aware of one on the difference between the proposed repair solution at this time. wing spar failure on an airplane after inspection procedure in appendix 1 of having undergone the dye penetrant Requests To Add Aft Wing Attach the NPRM, which refers to only the two inspection required by AD 87–08–08. Fitting Inspection lower outboard bolt holes, and the Barry Roberts and Mark Womack proposed requirement to perform an Steven Ells and Pascal Robitaille requested credit for airplanes with a eddy current inspection in paragraph (h) expressed concern over the integrity of wing that has been replaced with a of the NPRM, which refers to each bolt the aft spar attach point as a serviceable wing (over zero hours TIS) hole on the lower main wing spar cap. contributing factor to the fatigue with a documented service history. The FAA agrees to clarify and revise cracking. These commenters requested Daniel Stanley stating that the proposed the proposed requirement. The FAA has including an inspection of the aft wing AD should not be required on airplanes determined that the requirements in the attach fitting for excessive play as a step that had a wing replaced 40 years ago NPRM to inspect only the two lower in the NPRM and, if movement is with a low time wing. (The commenter outboard bolt holes are adequate. The detected, then performing the proposed did not state whether the documented FAA has not observed a pattern of eddy current inspection. John Henry wing history was available.) cracking at other spar hole locations and described experiences with the aft spar The FAA disagrees. Replacement has not determined the benefit of attach and suggested criteria for a wings (over zero hours TIS) that do not inspecting additional holes would mandatory inspection. have a complete documented history outweigh the potential of damage from The FAA acknowledges that the raise the same considerations as missing bolt removal. The FAA has revised the integrity of the forward and aft wing airplane maintenance records. For a proposed inspection requirements in spar attach points are relevant to loads documented serviceable wing with less this SNPRM to specify the two lower imparted into the wing spar, but the than 5,000 factored service hours, an outboard bolt holes. FAA disagrees with adding an owner/operator who can provide

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documentation supporting the history of when estimating the labor costs for The FAA acknowledges the concerns the airplane or wing spar and show an complying with AD requirements. raised by these commenters. However, acceptable level of safety may provide However, the FAA acknowledges the the cost analysis in AD rulemaking substantiating data and request approval higher hourly rate associated with the actions typically includes only the costs of an AMOC using the instructions specialized skills that would be required of actions actually required by the rule. found in paragraph (o) of this AD. The by the proposed AD. The FAA has Cost estimates for ADs do not include FAA will consider all AMOC requests increased the cost estimate for the eddy indirect costs such as hours necessary on a case-by-case basis. The FAA did current inspection to $600 in this for closing actions, costs for not make changes to this SNPRM based SNPRM. transportation to or from facilities for on these comments. The FAA observed several airplane maintenance, or other losses. The FAA inspections by private entities and the did not make changes to this SNPRM J. Comments Regarding Special Flight based on these comments. Permits NTSB investigative team, which included representatives from NTSB, Thomas Feminella requested that the Request To Revise the Cost for the FAA, Piper, and Embry-Riddle. It took Records Review proposed AD allow a one-time ferry from 2 to 4 work-hours, inclusive of flight, because eddy current inspection gaining access and restoring the AOPA requested the FAA revise the facilities are scarce, many owners may airplane, to do the proposed number of hours estimated to review the fly their airplanes somewhere away inspections. However, in the NPRM the maintenance records and calculate the number of factored service hours. In from their base to get the inspection FAA did not take into account that a support of its request, AOPA noted that done, and if the wings fail the portion of the labor requires a second the age of affected aircraft may be inspection the airplane may be trapped person (bolt removal and reinstallation). several decades old, necessitating more at a location where no major repairs are The FAA has revised the number of available. Charles Martinak also than the estimated two hours. work-hours estimated to do the The FAA agrees. Most general expressed concern of being grounded inspections from 3 to 5 hours. after flying to a distant facility for aviation airplane maintenance record testing, which may or may not have Requests To Update the Replacement entries are comprised of periodic repair capability. Cost inspections, which often include annual maintenance items, thus making such a The FAA disagrees. Once a crack in Thomas Rae, Doug Morrow, AOPA the wing spar area reaches a detectable review fairly straightforward. Flight and six other commenters raised schools and fleet operators often size, growth becomes rapid. The FAA concerns about the cost to replace a spar does not allow ferry flights with known maintain electronic records, making or requested the FAA significantly data retrieval a simple matter. The FAA cracks in primary structures. However, increase the cost/number of hours to the FAA has changed the inspector acknowledges that variations in record replace a wing spar. Two commenters keeping styles encountered in older requirements, which will increase the noted that replacing a spar is not number of available inspectors. The maintenance records may require possible because there are no parts additional time to review. Additionally, FAA did not make additional changes available, and three commenters based on these comments. since the initial airplane maintenance questioned why a replacement spar records review to determine factored K. Comments Regarding the Costs of must be a new spar. Piper recommended service hours effectivity is not Compliance the FAA’s estimated costs include the considered a maintenance item, it can AOPA and nine individual cost of replacing the entire wing. be accomplished by the owner/operator commenters stated generally that the The FAA agrees with the comments (certified pilot). The FAA has revised estimated costs of the proposed AD are concerning the number of labor hours the number of hours to review the incorrect or too low. and has increased the number of work- records from two hours to three hours hours estimated for the wing-spar and added language to clarify that an Requests To Update the Cost of the replacement from 32 to 80 hours. The owner/operator may review the airplane Eddy Current Inspection FAA disagrees with adding the cost for maintenance records in this SNPRM. Doug Morrow and two other wing replacement. The cost estimate in commenters noted that the FAA’s AD rulemaking actions include only the Request To Increase the Number of estimated labor rate is too low. Thomas costs associated with complying with Affected Airplanes in the Cost of Downey, Mitchell Ross, and twenty the AD. Although the FAA agrees that Compliance Section other commenters stated that the replacing the wing is an acceptable Piper requested that the estimated estimated cost of the proposed method of complying with a required costs be revised to include all affected inspection, particularly the labor rate for spar replacement, that method is airplanes worldwide instead of the an inspector qualified for eddy current, optional and not required by the AD. 19,696 U.S.-registered airplanes was underestimated. Piper submitted a Although the FAA acknowledges the identified in the NPRM. Piper further list of estimated costs to conduct the difficulty for some operators due to an objected to the lack of an estimated fleet eddy current inspection and to do any unavailability of parts, this does not cost for the eddy current inspections, rework; nine other commenters agreed negate the need to correct the identified and stated 40,856 airplanes should be with Piper’s costs. EAA, GAMA, Steven unsafe condition. The wing spar is included in the cost estimate because all Ells, Doug Morrow, Piper, and two other critical for safe flight. airplanes over 10 years of age would be commenters requested the estimated Requests To Include Indirect Costs potentially subject to the inspections. number of work-hours for the inspection The FAA disagrees. The cost analyses be increased. Four individual commenters noted in AD rulemaking actions estimate the The FAA agrees to revise the that the FAA’s cost estimate does not cost impact on U.S. operators. The FAA estimated cost of conducting the eddy include labor hours sufficient for bases its estimate on the number of current inspection. The labor rate of $85 indirect costs, such as painting, crating affected airplanes on the U.S. registry. per hour is provided by the FAA Office and transportation, and the diminished Including all airplanes worldwide, as of Aviation Policy and Plans for use value of the aircraft. the commenter requested, would not

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result in an estimate relevant to the cost holidays, over 170 separate submittals service hours and replacing any main impact of the proposed AD on U.S. to the docket were received. However, wing spar when a crack is indicated. operators. since the FAA has revised the proposed This SNPRM would only apply when an The FAA also disagrees that all 19,696 AD actions and added airplanes to the airplane has either accumulated 5,000 airplanes would be required to calculate Applicability, this SNPRM is reopening or more hours TIS; has had either main the factored service hours. A small the comment period to provide the wing spar replaced with a serviceable sampling of approximately 200 affected public an opportunity to comment on main wing spar (more than zero hours airplanes, aged 15 years and older, these proposed changes. TIS); or has missing and/or incomplete indicated that only 34 percent had maintenance records. reached the 5,000 hours TIS that would Related Service Information Under 1 CFR Part 51 This SNPRM specifies that the owner/ put them into the applicability of operator (pilot) may do the aircraft The FAA reviewed Piper Aircraft, Inc. paragraph (c)(1) of the NPRM and maintenance records review and the require further calculation of the Service Bulletin No. 1345, dated March factored service hours calculation. factored service hours. Therefore, the 27, 2020 (Piper SB No. 1345). This Reviewing maintenance records is not FAA estimates that a large number of service bulletin contains procedures for considered a maintenance action and the affected airplanes will not have doing an eddy current inspection and may be done by a pilot holding at least reached 5,000 hours TIS, have missing instructions to report the results of the a private pilot certificate. This action logbooks, or have undergone a wing inspection to Piper and to replace the must be recorded in the aircraft replacement and will therefore be able wing, wing spar, or spar section as maintenance records to show to defer further review of airplane necessary. This service information is compliance with that specific action maintenance records. The FAA did not reasonably available because the required by the AD. makes changes to this SNPRM based on interested parties have access to it this comment. through their normal course of business Differences Between This SNPRM and or by the means identified in the L. Comment Regarding Effect of the the Service Information ADDRESSES section. Proposed AD on Intrastate Aviation in Piper SB 1345 specifies doing the Alaska Other Related Service Information eddy current inspection upon reaching Piper requested the FAA correct the The FAA reviewed Piper SB 886 and 5,000 hours TIS; however, this SNPRM statement in the NPRM that the Piper SB 978A. These service bulletins proposes using the factored service proposed AD would have no effect on contain procedures for determining hours to identify the airplanes at the intrastate commerce in Alaska. Piper initial and repetitive inspection times highest risk of developing fatigue stated that the proposed AD would based on the aircraft’s usage and cracks. Piper SB No. 1345 also specifies affect 189 U.S. registered PA–32–260 visually inspecting the wing lower spar using its feedback form to report the and PA–32–300 aircraft, which are caps and the upper wing skin adjacent eddy current inspection results, but this widely utilized by many part 135 to the fuselage and forward of each main SNPRM proposes the use of a different operators who serve the Alaska spar for cracks. The FAA also reviewed form attached as appendix 1. In communities that rely on aviation as Piper Aircraft, Inc. Service Letter No. addition, this SNPRM requires their only mode of transportation. 997, dated May 14, 1987, which replacement of the wing spar with a The FAA agrees and added clarifying contains procedures for replacing new (zero hours TIS) wing spar if cracks language that the AD does affect airplane wings. are found; however, Piper SB No. 1345 operators in Alaska; however, it does allows replacement with parts that have FAA’s Determination not have a significant enough effect to been previously installed on an make a regulatory distinction. The FAA is proposing this AD airplane. because it evaluated all the relevant M. Comments Requesting an Extension information and determined the unsafe Interim Action of the Comment Period condition described previously is likely The FAA considers this SNPRM AOPA, EAA, GAMA, Piper, and seven to exist or develop in other products of interim action. The inspection reports individual commenters requested the the same type design. Certain changes will provide the FAA additional data for FAA extend the comment period (from described above expand the scope of the determining the number of cracks 45 days to 90 days) to allow additional NPRM. As a result, the FAA has present in the fleet. After analyzing the time to comment because the NPRM determined that it is necessary to reopen data, the FAA may take further was released preceding a holiday and the comment period to provide rulemaking action. subsequent government shutdown. additional opportunity for the public to Also, these commenters stated that comment on this SNPRM. Costs of Compliance additional time is needed for industry groups and the type certificate holder to Proposed Requirements of This SNPRM The FAA estimates that this SNPRM evaluate the impact of the NPRM and to This SNPRM would require reviewing affects 5,440 airplanes on U.S. registry. develop a solution. the airplane maintenance records to There are 10,881 airplanes of U.S. The FAA partially agrees. At the time determine the number of 100-hour registry with a model and serial number the FAA issued the NPRM, an extension inspections completed on each installed shown in table 1 to paragraph (c) of the of the comment period was not main wing spar and using the number proposed AD. Based on a sample necessary. During the partial of 100-hour inspections to calculate the survey, the FAA estimates that 50 government shutdown of December 22, factored service hours for each main percent of those U.S.-registered 2018, through January 25, 2019, the wing spar. This SNPRM would also airplanes will have reached the online AD Docket at require inspecting the two lower qualifying 5,000 hour TIS necessary to www.regulations.gov remained open outboard main wing spar bolt holes on do the required logbook review. and accepted public comments on the each wing for cracks once a main wing The FAA estimates the following NPRM. In spite of the proximity to the spar exceeds the specified factored costs to comply with this SNPRM:

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ESTIMATED COSTS

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

Review airplane maintenance records and 3 work-hours × $85 per hour Not applicable ...... $255 $1,387,200 calculate factored service hours. = $255.

The FAA estimates the following non-commercially and will not the FAA has no way of determining the costs to do the eddy current inspection. accumulate the specified factored number of airplanes that might need Because some airplanes are only used service hours in the life of the airplane, this inspection:

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Gain access to the left-hand (LH) and right-hand (RH) in- 2 work-hours × $85 per hour = $170 ...... $20 $190 spection areas. Do eddy current inspections of the LH and RH lower main 1 work-hour contracted service × $600 = $600 N/A 600 wing spar. Restore aircraft ...... 2 work-hours × $85 per hour = $170 ...... N/A 170 Report inspection results to ...... 1 work-hour × $85 = $85 ...... N/A 85 the FAA and Piper Aircraft, Inc ......

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

ON-CONDITION REPLACEMENT COSTS

Action Labor cost Parts cost Cost per product

Replace main wing spar ...... 80 work-hours × $85 per hour = $6,800 per $5,540 $12,340 per wing spar. wing spar.

Paperwork Reduction Act Authority for This Rulemaking States, on the relationship between the national Government and the States, or A federal agency may not conduct or Title 49 of the United States Code specifies the FAA’s authority to issue on the distribution of power and sponsor, and a person is not required to responsibilities among the various respond to, nor shall a person be subject rules on aviation safety. Subtitle I, section 106, describes the authority of levels of government. to a penalty for failure to comply with the FAA Administrator. Subtitle VII: a collection of information subject to the For the reasons discussed above, I Aviation Programs describes in more requirements of the Paperwork certify this proposed regulation: detail the scope of the Agency’s Reduction Act unless that collection of authority. (1) Is not a ‘‘significant regulatory information displays a currently valid The FAA is issuing this rulemaking action’’ under Executive Order 12866, OMB Control Number. The OMB under the authority described in (2) Will not affect intrastate aviation Control Number for this information Subtitle VII, Part A, Subpart III, section in Alaska to the extent that it justifies collection is 2120–0056. Public 44701: General requirements. Under making a regulatory distinction, and reporting for this collection of that section, Congress charges the FAA (3) Will not have a significant information is estimated to be with promoting safe flight of civil economic impact, positive or negative, approximately 1 hour per response, aircraft in air commerce by prescribing on a substantial number of small entities including the time for reviewing regulations for practices, methods, and instructions, searching existing data procedures the Administrator finds under the criteria of the Regulatory sources, gathering and maintaining the necessary for safety in air commerce. Flexibility Act. data needed, completing and reviewing This regulation is within the scope of List of Subjects in 14 CFR Part 39 the collection of information. All that authority because it addresses an responses to this collection of unsafe condition that is likely to exist or Air transportation, Aircraft, Aviation information are mandatory. Send develop on products identified in this safety, Incorporation by reference, comments regarding this burden rulemaking action. Safety. estimate or any other aspect of this collection of information, including Regulatory Findings The Proposed Amendment suggestions for reducing this burden to: The FAA determined that this Accordingly, under the authority Information Collection Clearance proposed AD would not have federalism delegated to me by the Administrator, Officer, Federal Aviation implications under Executive Order Administration, 10101 Hillwood 13132. This proposed AD would not the FAA proposes to amend 14 CFR part Parkway, Fort Worth, TX 76177–1524. have a substantial direct effect on the 39 as follows:

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PART 39—AIRWORTHINESS (a) Comments Due Date Note 1 to paragraph (c) of this AD: An DIRECTIVES The FAA must receive comments by July owner/operator with at least a private pilot 20, 2020. certificate may do the aircraft maintenance ■ 1. The authority citation for part 39 records review to determine the applicability continues to read as follows: (b) Affected ADs as specified in paragraph (c) of this AD. Authority: 49 U.S.C. 106(g), 40113, 44701. None. (1) Has accumulated 5,000 or more hours time-in-service (TIS); or (c) Applicability § 39.13 [Amended] (2) Has had either main wing spar replaced ■ 2. The FAA amends § 39.13 by adding This AD applies to Piper Aircraft, Inc. with a serviceable main wing spar (more than the following new airworthiness (Piper) airplanes, certificated in any category, zero hours TIS); or directive (AD): with a model and serial number shown in (3) Has missing and/or incomplete table 1 to paragraph (c) of this AD, and that Piper Aircraft, Inc.: Docket No. FAA–2018– maintenance records. 1046; Product Identifier 2018–CE–049– meet at least one of the criteria in paragraphs AD. (c)(1), (2), or (3) of this AD.

(d) Subject lower spar cap. The FAA is issuing this AD (f) Compliance Joint Aircraft System Component (JASC)/ to detect and correct fatigue cracks in the Comply with this AD within the Air Transport Association (ATA) of America lower main wing spar cap bolt holes. The compliance times specified, unless already Code 57, Wings. unsafe condition, if not addressed, could done. result in the wing separating from the (e) Unsafe Condition fuselage in flight. (g) Definitions This AD was prompted by a report of a (1) ‘‘TIS’’ has the same meaning as the wing separation caused by fatigue cracking in a visually inaccessible area of the main wing definition of ‘‘time in service’’ in 14 CFR 1.1.

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(2) For purposes of this AD, ‘‘factored § 91.409(b), then it must be counted. To history cannot be determined. Perform the service hours’’ refers to the calculated determine the purpose of an inspection, note eddy current inspection as specified in quantity of hours using the formula in the repeating intervals between inspections, paragraph (i) of this AD. paragraph (h)(2) of this AD, which accounts i.e., less than 10 months between, and (iv) The actions required by paragraph for the usage history of the airplane. typically 90–110 flight hours. An inspection (h)(1) of this AD may be performed by the (h) Review Airplane Maintenance Records entered as a ‘‘100-hour’’ inspection but done owner/operator (pilot) holding at least a and Calculate Factored Service Hours for solely for the purpose of meeting the private pilot certificate and must be entered Each Main Wing Spar requirement to complete an annual into the aircraft records showing compliance inspection, or those otherwise not required with this AD in accordance with 14 CFR (1) Within 30 days after the effective date by § 91.409(b), need not be counted. For 43.9(a)(1) through (4), and 14 CFR of this AD, review the airplane maintenance operators utilizing a progressive inspection 91.417(a)(2)(v). The record must be records and determine the number of 100- program, count the completion of each maintained as required by 14 CFR 91.417, hour inspections completed on the airplane since new and any record of wing spar § 91.409(b) 100-hour interval as one 121.380, or 135.439. replacement(s). inspection. (2) Before further flight after completing (i) For purposes of this review, count any (ii) If a main wing spar has been replaced the action in paragraph (h)(1) of this AD, inspection conducted to comply with the with a new (zero hours TIS) main wing spar, calculate the factored service hours for each 100-hour requirement of 14 CFR 91.409(b) count the number of 100-hour inspections main wing spar using the formula in figure pertaining to carrying persons for hire, such from the time of installation of the new main 1 to paragraph (h)(2) of this AD. Thereafter, as in-flight training environments, even if the wing spar. after each annual inspection and 100-hour inspection was entered in the maintenance (iii) If a main wing spar has been replaced inspection, recalculate/update the factored records as an ‘‘annual’’ inspection or as an with a serviceable main wing spar (more than service hours for each main wing spar until ‘‘annual/100-hour’’ inspection. If the purpose zero hours TIS) or the airplane maintenance the main wing spar has accumulated 5,000 or of an inspection was to comply with records are missing or incomplete, the wing more factored service hours.

(3) An example of determining factored has a total of 12,100 hours TIS, and only Both main wing spars are original factory service hours for an airplane with no 100- annual inspections have been done. None of installed. In this case, N = 0 and T = 12,100. hour inspections is as follows: The airplane the annual inspections were done for Use those values in the formula as shown in maintenance records show that the airplane purposes of compliance with § 91.409(b). figure 2 to paragraph (h)(3) of this AD.

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(4) An example of determining factored airplane has a total of 5,600 hours TIS, and AD. First, calculate commercial use time by service hours for an airplane with both 100- nineteen 100-hour inspections for purposes multiplying (N × 100). Next, subtract that hour and annual inspections is as follows: of compliance with § 91.409(b) have been time from the total time, and divide that The airplane was originally flown for done. Both main wing spars are original quantity by 17. Add the two quantities to personal use, then for training for a period of factory installed. In this case, N = 19 and T determine total factored service hours. time, then returned to personal use. The = 5,600. Use those values in the formula airplane maintenance records show that the shown in figure 3 to paragraph (h)(4) of this

(i) Eddy Current Inspect (k) Install New Bolts response, including the time for reviewing Within the compliance time specified in Before further flight after completing the instructions, searching existing data sources, either paragraph (i)(1) or (2) of this AD, as actions required by paragraph (i) or (j) of this gathering and maintaining the data needed, completing and reviewing the collection of applicable, eddy current inspect the inner AD, install new bolts by following step 6 of information. All responses to this collection surface of the two lower outboard bolt holes Piper Aircraft, Inc. Service Bulletin No. 1345, of information are mandatory. Send on the lower main wing spar cap for cracks dated March 27, 2020. comments regarding this burden estimate or using steps 1 through 3 in the Instructions of (l) Report Inspection Results any other aspect of this collection of Piper Aircraft, Inc. Service Bulletin No. 1345, Within 30 days after completing an information, including suggestions for dated March 27, 2020. Although Piper SB No. inspection required by paragraph (i) of this reducing this burden to: Information 1345 specifies NAS 410 Level II or Level III AD, using Appendix 1, ‘‘Inspection Results Collection Clearance Officer, Federal certification to perform the inspection, this Form,’’ of this AD, report the inspection Aviation Administration, 10101 Hillwood AD allows Level II or Level III qualification results to the FAA at the Atlanta ACO Branch Parkway, Fort Worth, TX 76177–1524. standards for inspection personnel using any and to Piper. Submit the report to the FAA inspector criteria approved by the FAA. and Piper using the contact information (o) Alternative Methods of Compliance (AMOCs) Note 2 to paragraph (i) of this AD: found on the form in appendix 1 of this AD. Adivsory Circular 65–31B contains FAA- (m) Special Flight Permit (1) The Manager, Atlanta ACO Branch, approved Level II and Level III qualification FAA, has the authority to approve AMOCs A special flight permit may only be issued for this AD, if requested using the procedures standards criteria for inspection personnel to operate the airplane to a location where found in 14 CFR 39.19. In accordance with doing nondestructive test (NDT) inspections. the inspection requirement of paragraph (i) of 14 CFR 39.19, send your request to your (1) Within 100 hours TIS after complying this AD can be performed. This AD prohibits principal inspector or local Flight Standards with paragraph (h) of this AD or within 100 a special flight permit if the inspection reveals a crack in a main wing spar. District Office, as appropriate. If sending hours TIS after a main wing spar accumulates information directly to the manager of the 5,000 factored service hours, whichever (n) Paperwork Reduction Act Burden certification office, send it to the attention of occurs later; or Statement the person identified in paragraph (p) of this (2) For airplanes with an unknown number A federal agency may not conduct or AD. of factored service hours on a main wing sponsor, and a person is not required to (2) Before using any approved AMOC, spar, within the next 100 hours TIS after the respond to, nor shall a person be subject to notify your appropriate principal inspector, effective date of this AD or within 60 days a penalty for failure to comply with a or lacking a principal inspector, the manager after the effective date of this AD, whichever collection of information subject to the of the local flight standards district office/ occurs later. requirements of the Paperwork Reduction certificate holding district office. (j) Replace the Main Wing Spar Act unless that collection of information displays a currently valid OMB Control (p) Related Information If a crack is found during an inspection Number. The OMB Control Number for this (1) For more information about this AD, required by paragraph (i) of this AD, before information collection is 2120–0056. Public contact Dan McCully, Aerospace Engineer, further flight, replace the main wing spar reporting for this collection of information is Atlanta ACO Branch, FAA, 1701 Columbia with a new (zero hours TIS) main wing spar. estimated to be approximately 1 hour per Avenue, College Park, Georgia 30337; phone:

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(404) 474–5548; fax: (404) 474–5605; email: (772) 567–4361; internet: www.piper.com. on the availability of this material at the [email protected]. You may view this service information at the FAA, call (816) 329–4148. (2) For service information identified in FAA, Airworthiness Products Section, BILLING CODE 4910–13–P this AD, Piper Aircraft, Inc., 2926 Piper Operational Safety Branch, 901 Locust, Drive, Vero Beach, Florida 32960; telephone: Kansas City, Missouri 64106. For information

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Issued on May 8, 2020. FOR FURTHER INFORMATION CONTACT: The Withdrawal Gaetano A. Sciortino, Thanh Tran, Aerospace Engineer, Accordingly, the notice of proposed Deputy Director for Strategic Initiatives, Systems and Equipment Section, FAA, rulemaking, Docket No. FAA–2017– Compliance & Airworthiness Division, Los Angeles ACO Branch, 3960 0492, which was published in the Aircraft Certification Service. Paramount Boulevard, Lakewood, CA Federal Register on June 6, 2017 (82 FR [FR Doc. 2020–11343 Filed 6–2–20; 8:45 am] 90712–4137; phone: 562–627–5304; fax: 25978), is withdrawn. BILLING CODE 4910–13–C 562–627–5210; email thanh.b.tran@ faa.gov. Issued on May 28, 2020. Gaetano A. Sciortino, SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION Deputy Director for Strategic Initiatives, Discussion Compliance & Airworthiness Division, Aircraft Certification Service. Federal Aviation Administration The FAA has issued an NPRM that proposed to amend 14 CFR part 39 by [FR Doc. 2020–11848 Filed 6–2–20; 8:45 am] 14 CFR Part 39 adding an AD that would apply to the BILLING CODE 4910–13–P specified products. The NPRM was [Docket No. FAA–2017–0492; Product published in the Federal Register on DEPARTMENT OF TRANSPORTATION Identifier 2016–SW–025–AD] June 6, 2017 (82 FR 25978). The NPRM was prompted by a software defect that RIN 2120–AA64 Federal Aviation Administration prevents the EGPWS from providing Airworthiness Directives; Honeywell terrain warnings. The NPRM proposed 14 CFR Part 39 International Inc. (Honeywell) to require updating the software version of the EGPWS. The proposed actions [Docket No. FAA–2020–0459; Product Enhanced Ground Proximity Warning Identifier 2020–NM–049–AD] System (EGPWS) were intended to address failure of an EGPWS to generate a terrain warning, RIN 2120–AA64 AGENCY: Federal Aviation which could result in flight into terrain. Administration (FAA), DOT. Airworthiness Directives; The Boeing Actions Since the NPRM Was Issued ACTION: Proposed rule; withdrawal. Company Airplanes Since issuance of the NPRM, the FAA AGENCY: Federal Aviation SUMMARY: has determined that the unsafe The FAA is withdrawing a Administration (FAA), DOT. notice of proposed rulemaking (NPRM) condition no longer exists and has ACTION: that proposed to adopt a new confirmed that the majority of operators Notice of proposed rulemaking airworthiness directive (AD) that would have updated their software as specified (NPRM). have applied to various normal and in the NPRM. In addition, the FAA SUMMARY: The FAA proposes to adopt a transport category rotorcraft with certain confirmed that the software failure new airworthiness directive (AD) for all Honeywell enhanced ground proximity related to the potential unsafe condition The Boeing Company Model 737 series warning systems (EGPWS) installed. has occurred only during lab testing; no airplanes, excluding Model 737–100, The NPRM was prompted by a software failures have occurred during operation –200, –200C, –300, –400, and –500 defect that prevents the EGPWS from of the affected helicopters. The FAA series airplanes. This proposed AD was providing terrain warnings. The NPRM completed a new risk assessment based prompted by reports of cracked or would have required updating the on this data that showed there is an completely severed lugs in the upper aft software version of the EGPWS. Since acceptable level of risk. Therefore, the corner stop fitting assembly of the issuance of the NPRM, the FAA has FAA has determined that AD action is forward entry door. This proposed AD determined that the unsafe condition no not appropriate and the NPRM should would require an inspection, a longer exists and has confirmed that the be withdrawn. measurement, or a records check of that majority of operators have updated their Withdrawal of this NPRM constitutes assembly to determine the part number, software as specified in the NPRM. only such action and does not preclude and replacement if a certain part is Accordingly, the NPRM is withdrawn. the FAA from further rulemaking on found. The FAA is proposing this AD to DATES: The FAA is withdrawing the this issue, nor does it commit the FAA address the unsafe condition on these proposed rule published June 6, 2017 to any course of action in the future. products. (82 FR 25978), as of June 3, 2020. FAA’s Conclusions DATES: The FAA must receive comments ADDRESSES: Upon further consideration, the FAA on this proposed AD by July 20, 2020. Examining the AD Docket has determined that the NPRM is ADDRESSES: You may send comments, unnecessary. Accordingly, the NPRM is using the procedures found in 14 CFR You may examine the AD docket on withdrawn. 11.43 and 11.45, by any of the following the internet at https:// methods: www.regulations.gov by searching for Regulatory Findings • Federal eRulemaking Portal: Go to and locating Docket No. FAA–2017– Since this action only withdraws an https://www.regulations.gov. Follow the 0492; or in person at Docket Operations NPRM, it is neither a proposed nor a instructions for submitting comments. between 9 a.m. and 5 p.m., Monday final rule. This action therefore is not • Fax: 202–493–2251. through Friday, except Federal holidays. covered under Executive Order 12866, • Mail: U.S. Department of The AD docket contains this AD action, the Regulatory Flexibility Act, or DOT Transportation, Docket Operations, M– any comments received, and other Regulatory Policies and Procedures (44 30, West Building Ground Floor, Room information. The street address for FR 11034, February 26, 1979). W12–140, 1200 New Jersey Avenue SE, Docket Operations is U.S. Department of Washington, DC 20590. Transportation, Docket Operations, M– List of Subjects in 14 CFR Part 39 • Hand Delivery: Deliver to Mail 30, West Building Ground Floor, Room Air transportation, Aircraft, Aviation address above between 9 a.m. and 5 W12–140, 1200 New Jersey Avenue SE, safety, Incorporation by reference, p.m., Monday through Friday, except Washington, DC 20590. Safety. Federal holidays.

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For service information identified in contact received about this proposed of business or by the means identified this NPRM, contact Boeing Commercial AD. in the ADDRESSES section. Airplanes, Attention: Contractual & Data Confidential Business Information FAA’s Determination Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA CBI is commercial or financial The FAA is proposing this AD 90740–5600; telephone 562–797–1717; information that is both customarily and because the agency evaluated all the internet https:// actually treated as private by its owner. relevant information and determined www.myboeingfleet.com. You may view Under the Freedom of Information Act the unsafe condition described this referenced service information at (FOIA) (5 U.S.C. 552), CBI is exempt previously is likely to exist or develop the FAA, Airworthiness Products from public disclosure. If your in other products of the same type Section, Operational Safety Branch, comments responsive to this NPRM design. contain commercial or financial 2200 South 216th St., Des Moines, WA. Proposed AD Requirements For information on the availability of information that is customarily treated this material at the FAA, call 206–231– as private, that you actually treat as This proposed AD would require 3195. It is also available on the internet private, and that is relevant or accomplishment of the actions at https://www.regulations.gov by responsive to this NPRM, it is important identified in Boeing Alert Requirements searching for and locating Docket No. that you clearly designate the submitted Bulletin 737–52A1180 RB, dated FAA–2020–0459. comments as CBI. Please mark each January 24, 2020, described previously, page of your submission containing CBI except as discussed under ‘‘Differences Examining the AD Docket as ‘‘PROPIN.’’ The FAA will treat such Between this Proposed AD and the You may examine the AD docket on marked submissions as confidential Service Information,’’ and except for the internet at https:// under the FOIA, and they will not be any differences identified as exceptions www.regulations.gov by searching for placed in the public docket of this in the regulatory text of this proposed and locating Docket No. FAA–2020– NPRM. Submissions containing CBI AD. 0459; or in person at Docket Operations should be sent to FAA Aerospace For information on the procedures between 9 a.m. and 5 p.m., Monday Engineer Michael Bumbaugh at the and compliance times, see this service through Friday, except Federal holidays. previously-listed contact information. information at https:// The AD docket contains this NPRM, any Any commentary that the FAA receives www.regulations.gov by searching for comments received, and other which is not specifically designated as and locating Docket No. FAA–2020– information. The street address for CBI will be placed in the public docket 0459. for this rulemaking. Docket Operations is listed above. Explanation of Requirements Bulletin Comments will be available in the AD Discussion The FAA worked in conjunction with docket shortly after receipt. The FAA has received reports of industry, under the Airworthiness FOR FURTHER INFORMATION CONTACT: cracked and completely severed lugs in Directive Implementation Aviation Michael Bumbaugh, Aerospace the stop fitting assembly of the forward Rulemaking Committee (AD ARC), to Engineer, Airframe Section, FAA, entry door on Boeing Model 737 Next enhance the AD system. One Seattle ACO Branch, 2200 South 216th Generation (NG) airplanes. Analysis of enhancement is a process for annotating St., Des Moines, WA 98198; phone and the design of the stop fitting assembly which steps in the service information fax: 206–231–3522; email: revealed that undersized wall thickness are ‘‘required for compliance’’ (RC) with [email protected]. of the lug made it susceptible to fatigue an AD. Boeing has implemented this RC SUPPLEMENTARY INFORMATION: cracking. The FAA has determined that concept into Boeing service bulletins. Comments Invited the failure of the door stop fitting In an effort to further improve the assembly may result in the forward quality of ADs and AD-related Boeing The FAA invites you to send any entry door being unable to sustain limit service information, a joint process written relevant data, views, or load. This condition, if not addressed, improvement initiative was worked arguments about this proposal. Send could result in reduced structural between the FAA and Boeing. The your comments to an address listed integrity of the forward entry door and initiative resulted in the development of under the ADDRESSES section. Include consequent rapid decompression of the a new process in which the service ‘‘Docket No. FAA–2020–0459; Product airplane. information more clearly identifies the Identifier 2020–NM–049–AD’’ at the actions needed to address the unsafe Related Service Information Under 1 beginning of your comments. The FAA condition in the ‘‘Accomplishment CFR Part 51 specifically invites comments on the Instructions.’’ The new process results overall regulatory, economic, The FAA reviewed Boeing Alert in a Boeing Requirements Bulletin, environmental, and energy aspects of Requirements Bulletin 737–52A1180 which contains only the actions needed this NPRM. The FAA will consider all RB, dated January 24, 2020. The service to address the unsafe condition (i.e., comments received by the closing date information describes procedures for an only the RC actions). and may amend this NPRM because of inspection, a measurement, or a records those comments. check of the upper aft corner door stop Differences Between This Proposed AD Except for Confidential Business fitting assembly to determine the part and the Service Information Information (CBI) as described in the number, and applicable on-condition The effectivity of Boeing Alert following paragraph, and other actions. The on-condition action is to Requirements Bulletin 737–52A1180 information as described in 14 CFR replace the affected stop fitting RB, dated January 24, 2020, is limited to 11.35, the FAA will post all comments assembly with a newly designed stop certain Boeing Model 737–600, –700, received, without change, to https:// fitting assembly that has improved wall –700C, –800, –900, and –900ER series www.regulations.gov, including any thickness and strength. This service airplanes. However, the applicability of personal information you provide. The information is reasonably available this proposed AD includes all existing FAA will also post a report because the interested parties have and future Boeing Model 737 series summarizing each substantive verbal access to it through their normal course airplanes, excluding Model 737–100,

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–200, –200C, –300, –400, and –500 with acceptable parts, thereby Costs of Compliance series airplanes. Because the affected subjecting those airplanes to the unsafe The FAA estimates that this proposed parts are rotable parts, the FAA has condition. AD would affect 1,075 airplanes of U.S. determined that these parts with the registry. The FAA estimates the unsafe design could later be installed on following costs to comply with this airplanes that were initially delivered proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Inspection and part replace- Up to 4 work-hours × $85 per $4,640 Up to $4,980 ...... Up to $5,353,500. ment. hour = Up to $340.

The FAA has included all known under the criteria of the Regulatory (f) Compliance costs in the cost estimate. According to Flexibility Act. Comply with this AD within the the manufacturer, some or all of the List of Subjects in 14 CFR Part 39 compliance times specified, unless already costs of this proposed AD may be done. covered under warranty, thereby Air transportation, Aircraft, Aviation (g) Required Actions reducing the cost impact on affected safety, Incorporation by reference, persons. Safety. For airplanes having a date of issuance of the original airworthiness certificate or date Authority for This Rulemaking The Proposed Amendment of issuance of the original export certificate of airworthiness on before the effective date Title 49 of the United States Code Accordingly, under the authority of this AD: Except as specified by paragraph specifies the FAA’s authority to issue delegated to me by the Administrator, (h) of this AD, at the applicable times rules on aviation safety. Subtitle I, the FAA proposes to amend 14 CFR part specified in the ‘‘Compliance’’ paragraph of section 106, describes the authority of 39 as follows: Boeing Alert Requirements Bulletin 737– the FAA Administrator. Subtitle VII: 52A1180 RB, dated January 24, 2020, do all Aviation Programs, describes in more PART 39—AIRWORTHINESS applicable actions identified in, and in detail the scope of the Agency’s DIRECTIVES accordance with, the Accomplishment authority. Instructions of Boeing Alert Requirements The FAA is issuing this rulemaking ■ 1. The authority citation for part 39 Bulletin 737–52A1180 RB, dated January 24, under the authority described in continues to read as follows: 2020. Note 1 to paragraph (g): Guidance for Subtitle VII, Part A, Subpart III, Section Authority: 49 U.S.C. 106(g), 40113, 44701. 44701: ‘‘General requirements.’’ Under accomplishing the actions required by this that section, Congress charges the FAA § 39.13 [Amended] AD can be found in Boeing Alert Service Bulletin 737–52A1180, dated January 24, with promoting safe flight of civil ■ 2. The FAA amends § 39.13 by adding aircraft in air commerce by prescribing 2020, which is referred to in Boeing Alert the following new airworthiness Requirements Bulletin 737–52A1180 RB, regulations for practices, methods, and directive (AD): dated January 24, 2020. procedures the Administrator finds The Boeing Company: Docket No. FAA– necessary for safety in air commerce. (h) Exceptions to Service Information 2020–0459; Product Identifier 2020– This regulation is within the scope of Specifications NM–049–AD. that authority because it addresses an (1) Where Boeing Alert Requirements unsafe condition that is likely to exist or (a) Comments Due Date Bulletin 737–52A1180 RB, dated January 24, develop on products identified in this The FAA must receive comments by July 2020, uses the phrase ‘‘the original issue date rulemaking action. 20, 2020. of Requirements Bulletin 737–52A1180 RB,’’ this AD requires using ‘‘the effective date of (b) Affected ADs Regulatory Findings this AD.’’ The FAA has determined that this None. (2) Where Boeing Alert Requirements proposed AD would not have federalism (c) Applicability Bulletin 737–52A1180 RB, dated January 24, 2020, specifies contacting Boeing for repair implications under Executive Order This AD applies to all The Boeing instructions: This AD requires doing the 13132. This proposed AD would not Company Model 737 series airplanes, repair before further flight using a method have a substantial direct effect on the excluding Model 737–100, –200, –200C, approved in accordance with the procedures –300, –400, and –500 series airplanes, States, on the relationship between the specified in paragraph (j) of this AD. national Government and the States, or certificated in any category. on the distribution of power and (d) Subject (i) Parts Installation Prohibition responsibilities among the various Air Transport Association (ATA) of For airplanes on which the actions levels of government. America Code 52, Doors. specified in paragraph (g) of this AD have For the reasons discussed above, I been accomplished, or for airplanes having a certify this proposed regulation: (e) Unsafe Condition date of issuance of the original airworthiness (1) Is not a ‘‘significant regulatory This AD was prompted by reports of certificate or date of issuance of the original action’’ under Executive Order 12866, cracked or completely severed lugs in the export certificate of airworthiness dated after the effective date of this AD: As of the (2) Will not affect intrastate aviation stop fitting assembly of the forward entry door. The FAA is issuing this AD to address effective date of this AD, no person may in Alaska, and such cracking or severing, which could result install a stop fitting assembly with part (3) Will not have a significant in reduced structural integrity of the forward number 141A6104–3 or a forward entry door economic impact, positive or negative, entry door and consequent rapid that has a stop fitting assembly with part on a substantial number of small entities decompression of the airplane. number 141A6104–3, on any airplane.

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(j) Alternative Methods of Compliance ACTION: Notice of proposed rulemaking Standards Branch, FAA, 10101 (AMOCs) (NPRM). Hillwood Pkwy., Fort Worth, TX 76177; (1) The Manager, Seattle ACO Branch, telephone 817–222–5110; email FAA, has the authority to approve AMOCs SUMMARY: The FAA proposes to adopt a [email protected]. for this AD, if requested using the procedures new airworthiness directive (AD) for SUPPLEMENTARY INFORMATION: found in 14 CFR 39.19. In accordance with Leonardo S.p.A. Model AW169 and 14 CFR 39.19, send your request to your AW189 helicopters. This proposed AD Comments Invited principal inspector or local Flight Standards was prompted by a report of a broken District Office, as appropriate. If sending The FAA invites you to send any information directly to the manager of the extrusion rubber window seal. This written relevant data, views, or certification office, send it to the attention of proposed AD would require installation arguments about this proposal. Send the person identified in paragraph (k)(1) of of a reinforcement around the rubber your comments to an address listed this AD. Information may be emailed to: 9- filler wedge where the extrusion rubber under the ADDRESSES section. Include [email protected]. window seal meets the door’s ‘‘Docket No. FAA–2020–0460; Product (2) Before using any approved AMOC, emergency exit handle. The FAA is Identifier 2018–SW–078–AD’’ at the notify your appropriate principal inspector, proposing this AD to address the unsafe beginning of your comments. The FAA or lacking a principal inspector, the manager condition on these products. of the local flight standards district office/ specifically invites comments on the certificate holding district office. DATES: The FAA must receive comments overall regulatory, economic, (3) An AMOC that provides an acceptable on this proposed AD by July 20, 2020. environmental, and energy aspects of level of safety may be used for any repair, ADDRESSES: You may send comments, this NPRM. The FAA will consider all modification, or alteration required by this using the procedures found in 14 CFR comments received by the closing date AD if it is approved by The Boeing Company 11.43 and 11.45, by any of the following and may amend this NPRM because of Organization Designation Authorization those comments. (ODA) that has been authorized by the methods: • Federal eRulemaking Portal: Go to The FAA will post all comments Manager, Seattle ACO Branch, FAA, to make received, without change, to https:// those findings. To be approved, the repair https://www.regulations.gov. Follow the method, modification deviation, or alteration instructions for submitting comments. www.regulations.gov, including any personal information you provide. The deviation must meet the certification basis of • Fax: 202–493–2251. FAA will also post a report the airplane, and the approval must • Mail: U.S. Department of specifically refer to this AD. summarizing each substantive verbal Transportation, Docket Operations, M– contact received about this NPRM. (k) Related Information 30, West Building Ground Floor, Room (1) For more information about this AD, W12–140, 1200 New Jersey Avenue SE, Discussion contact Michael Bumbaugh, Aerospace Washington, DC 20590. The European Aviation Safety Agency Engineer, Airframe Section, FAA, Seattle • Hand Delivery: Deliver to Mail ACO Branch, 2200 South 216th St., Des (now European Union Aviation Safety address above between 9 a.m. and 5 Agency) (EASA), which is the Technical Moines, WA 98198; phone and fax: 206–231– p.m., Monday through Friday, except 3522; email: [email protected]. Agent for the Member States of the (2) For service information identified in Federal holidays. European Union, has issued EASA AD this AD, contact Boeing Commercial For service information identified in 2018–0197, dated September 5, 2018 Airplanes, Attention: Contractual & Data this NPRM, contact Leonardo S.p.A. (referred to after this as ‘‘the MCAI’’), to Services (C&DS), 2600 Westminster Blvd., Helicopters, Emanuele Bufano, Head of correct an unsafe condition for all MC 110–SK57, Seal Beach, CA 90740–5600; Airworthiness, Viale G.Agusta 520, Leonardo S.p.A. Model AW169 telephone 562–797–1717; internet https:// 21017 C.Costa di Samarate (Va) Italy; helicopters and certain Leonardo S.p.A www.myboeingfleet.com. You may view this telephone +39–0331–225074; fax +39– referenced service information at the FAA, Model AW189 helicopters. EASA Airworthiness Products Section, Operational 0331–229046; or at https:// advises of a broken extrusion rubber Safety Branch, 2200 South 216th St., Des www.leonardocompany.com/en/home. window seal, part number Moines, WA. For information on the You may view this service information A417AF001WB. According to EASA, an availability of this material at the FAA, call at the FAA, Office of the Regional investigation determined that the 206–231–3195. Counsel, Operational Safety Branch, damage to the rubber filler wedge of the Issued on May 22, 2020. 10101 Hillwood Pkwy., Room 6N–321, rubber window seal could have been Lance T. Gant, Fort Worth, TX 76177. caused by the excessive tension of the Director, Compliance & Airworthiness Examining the AD Docket string applied during the installation of Division, Aircraft Certification Service. an affected emergency exit handle. You may examine the AD docket on [FR Doc. 2020–11828 Filed 6–2–20; 8:45 am] EASA advises that this condition, if not the internet at https:// BILLING CODE 4910–13–P corrected, could result in an excessive www.regulations.gov by searching for load to release the emergency exit and locating Docket No. FAA–2020– window, possibly resulting in delayed DEPARTMENT OF TRANSPORTATION 0460; or in person at Docket Operations evacuation of helicopter occupants between 9 a.m. and 5 p.m., Monday during an emergency. EASA states that, Federal Aviation Administration through Friday, except Federal holidays. due to design similarities, the same The AD docket contains this NPRM, the unsafe condition could exist or develop 14 CFR Part 39 Mandatory Continuing Airworthiness on certain Model AW189 helicopters. Information (MCAI), any comments [Docket No. FAA–2020–0460; Product To correct this condition, EASA AD Identifier 2018–SW–078–AD] received, and other information. The 2018–0197 requires installation of a street address for Docket Operations is reinforcement around the rubber filler RIN 2120–AA64 listed above. Comments will be wedge where the extrusion rubber available in the AD docket shortly after window seal meets the door’s Airworthiness Directives; Leonardo receipt. S.p.A. Helicopters emergency exit handle. FOR FURTHER INFORMATION CONTACT: You may examine the MCAI in the AGENCY: Federal Aviation Kristi Bradley, Aviation Safety Engineer, AD docket on the internet at https:// Administration (FAA), DOT. Safety Management Section, Rotorcraft www.regulations.gov by searching for

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and locating Docket No. FAA–2020– This service information is reasonably determining the unsafe condition 0460. available because the interested parties described previously is likely to exist or have access to it through their normal develop on other products of these same Related Service Information Under 1 course of business or by the means type designs. CFR Part 51 identified in the ADDRESSES section. Proposed Requirements of This NPRM Leonardo Helicopters has issued Alert FAA’s Determination Service Bulletin 169–094, Revision A, These products have been approved This proposed AD would require dated August 13, 2018, and Alert by the aviation authority of another accomplishing the actions specified in Service Bulletin 189–170, dated July 25, country, and are approved for operation the service information described 2018. This service information describes in the United States. Pursuant to the previously. procedures for installation of a FAA’s bilateral agreement with the State Costs of Compliance reinforcement around the rubber filler of Design Authority, the FAA has been wedge where the extrusion rubber notified of the unsafe condition The FAA estimates that this proposed window seal meets the door’s described in the MCAI and service AD affects 10 helicopters of U.S. emergency exit handle. These information referenced above. The FAA registry. The FAA estimates the documents are distinct since they apply is proposing this AD after evaluating all following costs to comply with this to different aircraft models. the relevant information and proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

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

According to the manufacturer, some on the distribution of power and (b) Affected ADs or all of the costs of this proposed AD responsibilities among the various None. may be covered under warranty, thereby levels of government. (c) Applicability reducing the cost impact on affected For the reasons discussed above, I individuals. The FAA does not control certify this proposed regulation: This AD applies to the Leonardo S.p.A. warranty coverage for affected (1) Is not a ‘‘significant regulatory helicopters identified in paragraphs (c)(1) and (2) of this AD, certificated in any individuals. As a result, the FAA has action’’ under Executive Order 12866, category, equipped with an affected part included all known costs in this cost (2) Will not affect intrastate aviation defined as internal emergency exit handle, estimate. in Alaska, and part number (P/N) 8G9500L00151, and (3) Will not have a significant external emergency exit handle, P/N Authority for This Rulemaking economic impact, positive or negative, 8G9500L00251. Title 49 of the United States Code on a substantial number of small entities (1) Model AW169 helicopters, all serial specifies the FAA’s authority to issue under the criteria of the Regulatory numbers. rules on aviation safety. Subtitle I, Flexibility Act. (2) Model AW189 helicopters, all serial section 106, describes the authority of numbers, except those helicopters with List of Subjects in 14 CFR Part 39 emergency exit windows equipped with strap the FAA Administrator. Subtitle VII: P/N A487A003A, or helicopters with bubble Aviation Programs, describes in more Air transportation, Aircraft, Aviation windows P/N 8G5620F00112. detail the scope of the Agency’s safety, Incorporation by reference, authority. Safety. (d) Subject Joint Aircraft Service Component (JASC) The FAA is issuing this rulemaking The Proposed Amendment under the authority described in Code 5600, Windows. Accordingly, under the authority Subtitle VII, Part A, Subpart III, Section (e) Reason delegated to me by the Administrator, 44701: General requirements. Under This AD was prompted by a report of a that section, Congress charges the FAA the FAA proposes to amend 14 CFR part 39 as follows: broken extrusion rubber window seal; an with promoting safe flight of civil investigation determined the likely cause was aircraft in air commerce by prescribing PART 39—AIRWORTHINESS excessive tension of the string applied during the installation of an affected emergency exit regulations for practices, methods, and DIRECTIVES procedures the Administrator finds handle. The FAA is issuing this AD to address this condition, which, if not necessary for safety in air commerce. ■ 1. The authority citation for part 39 This regulation is within the scope of addressed, could result in an excessive load continues to read as follows: required to release the emergency exit that authority because it addresses an Authority: 49 U.S.C. 106(g), 40113, 44701. window, possibly resulting in delayed unsafe condition that is likely to exist or evacuation of helicopter occupants during an develop on products identified in this § 39.13 [Amended] emergency. rulemaking action. ■ 2. The FAA amends § 39.13 by adding (f) Compliance the following new airworthiness Regulatory Findings Comply with this AD within the directive (AD): The FAA has determined that this compliance times specified, unless already proposed AD would not have federalism Leonardo S.p.A.: Docket No. FAA–2020– done. 0460; Product Identifier 2018–SW–078– implications under Executive Order (g) Modification AD. 13132. This proposed AD would not (1) For Leonardo S.p.A. Model AW169 have a substantial direct effect on the (a) Comments Due Date helicopters equipped with a passenger States, on the relationship between the The FAA must receive comments by July sliding door configuration, cabin main national Government and the States, or 20, 2020. assembly P/N 6F5330A00131 or P/N

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6F5330A00132: Within 750 hours time-in- Samarate (Va) Italy; telephone +39–0331– 1247 or direct-dial telephone 1–514– service (TIS) or 24 months, whichever occurs 225074; fax +39–0331–229046; or at https:// 855–2999; email ac.yul@ first after the effective date of this AD, install www.leonardocompany.com/en/home. You aero.bombardier.com; internet http:// the retro-modification P/N 6F5600P00111 on may view this service information at the www.bombardier.com. You may view the rubber filler wedge of all affected FAA, Office of the Regional Counsel, this service information at the FAA, emergency exit handles in accordance with Operational Safety Branch, 10101 Hillwood Part I, Steps 1 through 8 of the Pkwy., Room 6N–321, Fort Worth, TX 76177. Airworthiness Products Section, Operational Safety Branch, 2200 South Accomplishment Instructions of Leonardo Issued on May 27, 2020. Helicopters Alert Service Bulletin 169–094, 216th St., Des Moines, WA. For Revision A, dated August 13, 2018, except Lance T. Gant, information on the availability of this you are required to replace the affected Director, Compliance & Airworthiness material at the FAA, call 206–231–3195. emergency exit handles and are not required Division, Aircraft Certification Service. Examining the AD Docket to discard the filler wedges. [FR Doc. 2020–11822 Filed 6–2–20; 8:45 am] (2) For Leonardo S.p.A. Model AW169 BILLING CODE 4910–13–P You may examine the AD docket on helicopters equipped with a passenger the internet at https:// hinged door configuration, cabin main www.regulations.gov by searching for assembly VIP P/N 6F5330A00831: Within DEPARTMENT OF TRANSPORTATION and locating Docket No. FAA–2020– 750 hours TIS or 24 months, whichever 0458; or in person at Docket Operations occurs first after the effective date of this AD, Federal Aviation Administration install the retro-modification P/N between 9 a.m. and 5 p.m., Monday 6F5600P00111 on the rubber filler wedge of through Friday, except Federal holidays. all affected emergency exit handles in 14 CFR Part 39 The AD docket contains this NPRM, the accordance with Part II, steps 1 through 6 of [Docket No. FAA–2020–0458; Product regulatory evaluation, any comments the Accomplishment Instructions of Identifier 2020–NM–029–AD] received, and other information. The Leonardo Helicopters Alert Service Bulletin street address for Docket Operations is 169–094, Revision A, dated August 13, 2018, RIN 2120–AA64 listed above. Comments will be except you are required to replace the available in the AD docket shortly after affected emergency exit handles and are not Airworthiness Directives; Bombardier, receipt. required to discard the filler wedges. Inc., Airplanes (3) For Leonardo S.p.A. Model AW189 FOR FURTHER INFORMATION CONTACT: helicopters: Within 750 hours TIS or 24 AGENCY: Federal Aviation Darren Gassetto, Aerospace Engineer, months, whichever occurs first after the Administration (FAA), DOT. Mechanical Systems and Administrative effective date of this AD, install the retro- ACTION: Notice of proposed rulemaking Services Section, FAA, New York ACO modification P/N 8G5600P00211 on the (NPRM). Branch, 1600 Stewart Avenue, Suite rubber filler wedge of all affected emergency 410, Westbury, NY 11590; telephone exit handles in accordance with steps 1 SUMMARY: The FAA proposes to adopt a 516–228–7323; fax 516–794–5531; email through 11 of the Accomplishment [email protected]. Instructions of Leonardo Helicopters Alert new airworthiness directive (AD) for Service Bulletin 189–170, dated July 25, certain Bombardier, Inc., Model BD– SUPPLEMENTARY INFORMATION: 2018, except you are required to replace the 100–1A10 airplanes. This proposed AD Comments Invited affected emergency exit handles and are not was prompted by a report that corrosion required to discard the filler wedges. was found on the shock strut cylinders The FAA invites you to send any during unscheduled maintenance of the written relevant data, views, or (h) Alternative Methods of Compliance arguments about this proposal. Send (AMOCs) nose landing gear (NLG). This proposed AD would require a modification of the your comments to an address listed (1) The Manager, Safety Management under the ADDRESSES section. Include Section, Rotorcraft Standards Branch, FAA, NLG shock strut cylinder. The FAA is proposing this AD to address the unsafe ‘‘Docket No. FAA–2020–0458; Product may approve AMOCs for this AD. Send your Identifier 2020–NM–029–AD’’ at the proposal to: Kristi Bradley, Aviation Safety condition on these products. beginning of your comments. The FAA Engineer, Safety Management Section, DATES: The FAA must receive comments specifically invites comments on the Rotorcraft Standards Branch, FAA, 10101 on this proposed AD by July 20, 2020. Hillwood Pkwy., Fort Worth, TX 76177; overall regulatory, economic, ADDRESSES: telephone 817–222–5110; email 9-ASW-FTW- You may send comments, environmental, and energy aspects of [email protected]. using the procedures found in 14 CFR this NPRM. The FAA will consider all (2) For operations conducted under a 14 11.43 and 11.45, by any of the following comments received by the closing date CFR part 119 operating certificate or under methods: and may amend this NPRM because of • 14 CFR part 91, subpart K, notify your Federal eRulemaking Portal: Go to those comments. principal inspector or lacking a principal https://www.regulations.gov. Follow the The FAA will post all comments inspector, the manager of the local flight instructions for submitting comments. received, without change, to https:// standards district office or certificate holding • Fax: 202–493–2251. www.regulations.gov, including any district office, before operating any aircraft • Mail: U.S. Department of complying with this AD through an AMOC. personal information you provide. The Transportation, Docket Operations, M– FAA will also post a report (i) Related Information 30, West Building Ground Floor, Room summarizing each substantive verbal (1) The subject of this AD is addressed in W12–140, 1200 New Jersey Avenue SE, contact received about this NPRM. European Aviation Safety Agency (now Washington, DC 20590. European Union Aviation Safety Agency) • Hand Delivery: Deliver to Mail Discussion (EASA) AD 2018–0197, dated September 5, address above between 9 a.m. and 5 Transport Canada Civil Aviation 2018. This EASA AD may be found in the AD p.m., Monday through Friday, except (TCCA), which is the aviation authority docket on the internet at https:// Federal holidays. for Canada, has issued Canadian AD www.regulations.gov by searching for and locating Docket No. FAA–2020–0460. For service information identified in CF–2019–43, dated November 8, 2019 (2) For service information identified in this NPRM, contact Bombardier, Inc., (referred to after this as the Mandatory this AD, contact Leonardo S.p.A. Helicopters, 200 Coˆte-Vertu Road West, Dorval, Continuing Airworthiness Information, Emanuele Bufano, Head of Airworthiness, Que´bec H4S 2A3, Canada; North or ‘‘the MCAI’’), to correct an unsafe Viale G.Agusta 520, 21017 C.Costa di America toll-free telephone 1–866–538– condition for certain Bombardier, Inc.,

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Model BD–100–1A10 airplanes. You Bulletin 350–32–009, Revision 02, dated described in the MCAI and service may examine the MCAI in the AD September 30, 2019. This service information referenced above. The FAA docket on the internet at https:// information describes procedures for is proposing this AD because the agency www.regulations.gov by searching for modification of the NLG shock strut evaluated all the relevant information and locating Docket No. FAA–2020– cylinder. These documents are distinct and determined the unsafe condition 0458. since they apply to different airplane described previously is likely to exist or This proposed AD was prompted by serial numbers. This service information develop on other products of the same a report that corrosion was found on the is reasonably available because the type design. shock strut cylinders during interested parties have access to it unscheduled maintenance of the NLG. through their normal course of business Proposed Requirements of This NPRM The FAA is proposing this AD to or by the means identified in the This proposed AD would require address corrosion of the NLG, which ADDRESSES section. accomplishing the actions specified in could result in structural failure of the FAA’s Determination the service information described NLG. See the MCAI for additional previously. background information. This product has been approved by the aviation authority of another Costs of Compliance Related Service Information Under 1 country, and is approved for operation CFR Part 51 in the United States. Pursuant to a The FAA estimates that this proposed Bombardier has issued Service bilateral agreement with the State of AD affects 560 airplanes of U.S. registry. Bulletin 100–32–33, Revision 02, dated Design Authority, the FAA has been The FAA estimates the following costs September 30, 2019, and Service notified of the unsafe condition to comply with this proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Up to 54 work-hours × $85 per hour = Up to $4,590 ...... $43,999 Up to $48,589 ...... Up to $27,209,840.

Authority for This Rulemaking (2) Will not affect intrastate aviation (c) Applicability Title 49 of the United States Code in Alaska, and This AD applies to Bombardier, Inc., specifies the FAA’s authority to issue (3) Will not have a significant Model BD–100–1A10 airplanes, certificated economic impact, positive or negative, in any category, serial numbers (S/Ns) 20003 rules on aviation safety. Subtitle I, through 20767 inclusive. section 106, describes the authority of on a substantial number of small entities the FAA Administrator. Subtitle VII: under the criteria of the Regulatory (d) Subject Aviation Programs, describes in more Flexibility Act. Air Transport Association (ATA) of detail the scope of the Agency’s America Code 32, Landing gear. List of Subjects in 14 CFR Part 39 authority. (e) Reason The FAA is issuing this rulemaking Air transportation, Aircraft, Aviation under the authority described in This AD was prompted by a report that safety, Incorporation by reference, corrosion was found on the shock strut Subtitle VII, Part A, Subpart III, Section Safety. cylinders during unscheduled maintenance 44701: ‘‘General requirements.’’ Under of the nose landing gear (NLG). The FAA is that section, Congress charges the FAA The Proposed Amendment issuing this AD to address corrosion of the with promoting safe flight of civil Accordingly, under the authority NLG, which could result in structural failure aircraft in air commerce by prescribing delegated to me by the Administrator, of the NLG. regulations for practices, methods, and the FAA proposes to amend 14 CFR part (f) Compliance procedures the Administrator finds 39 as follows: Comply with this AD within the necessary for safety in air commerce. compliance times specified, unless already This regulation is within the scope of PART 39—AIRWORTHINESS done. that authority because it addresses an DIRECTIVES unsafe condition that is likely to exist or (g) Modification for Airplanes With S/N 20003 Through 20500 Inclusive develop on products identified in this ■ 1. The authority citation for part 39 rulemaking action. For Bombardier, Inc., Model BD–100–1A10 continues to read as follows: airplanes with S/N 20003 through 20500 Regulatory Findings Authority: 49 U.S.C. 106(g), 40113, 44701. inclusive: At the applicable compliance time specified in paragraph (g)(1) or (2) of this AD, The FAA has determined that this § 39.13 [Amended] do the modification in paragraph (g)(1) or (2) proposed AD would not have federalism ■ 2. The FAA amends § 39.13 by adding of this AD, as applicable. implications under Executive Order (1) For airplanes with NLG assemblies with 13132. This proposed AD would not the following new airworthiness 96 months’ or less time since new (TSN) as have a substantial direct effect on the directive (AD): of the effective date of this AD: At the NLG States, on the relationship between the Bombardier, Inc.: Docket No. FAA–2020– 96-month scheduled inspection, do a national Government and the States, or 0458; Product Identifier 2020–NM–029– modification of the NLG shock strut cylinder, on the distribution of power and AD. in accordance with paragraph 2.B. of the Accomplishment Instructions of Bombardier responsibilities among the various (a) Comments Due Date Service Bulletin 100–32–33, Revision 02, levels of government. The FAA must receive comments by July dated September 30, 2019. For the reasons discussed above, I 20, 2020. (2) For airplanes with NLG assemblies with certify this proposed regulation: more than 96 months TSN as of the effective (1) Is not a ‘‘significant regulatory (b) Affected ADs date of this AD: At the applicable compliance action’’ under Executive Order 12866, None. times specified in figure 1 to paragraph (g) of

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this AD, do a modification of the NLG shock Bombardier Service Bulletin 100–32–33, strut cylinder, in accordance with paragraph Revision 02, dated September 30, 2019. 2.C. of the Accomplishment Instructions of

(h) Modification for Airplanes With S/N 44610–101, as specified in paragraph 2.B.(1) https://www.regulations.gov by searching for 20501 Through 20767 Inclusive of the Accomplishment Instructions of and locating Docket No. FAA–2020–0458. For Bombardier, Inc., Model BD–100–1A10 Bombardier Service Bulletin 350–32–009, (2) For more information about this AD, airplanes with S/N 20501 through 20767 dated October 31, 2018, or Bombardier contact Darren Gassetto, Aerospace Engineer, inclusive: At the NLG 96-month scheduled Service Bulletin 350–32–009, Revision 01 Mechanical Systems and Administrative dated July 31, 2019. inspection, do a modification of the NLG Services Section, FAA, New York ACO shock strut cylinder, in accordance with (k) Other FAA AD Provisions Branch, 1600 Stewart Avenue, Suite 410, paragraph 2.B. of the Accomplishment The following provisions also apply to this Westbury, NY 11590; telephone 516–228– Instructions of Bombardier Service Bulletin AD: 7323; fax 516–794–5531; email 9-avs-nyaco- 350–32–009, Revision 02, dated September (1) Alternative Methods of Compliance [email protected]. 30, 2019. (AMOCs): The Manager, New York ACO (3) For service information identified in (i) Parts Installation Limitation Branch, FAA, has the authority to approve this AD, contact Bombardier, Inc., 200 Coˆte- AMOCs for this AD, if requested using the Vertu Road West, Dorval, Que´bec H4S 2A3, As of the effective date of this AD, no procedures found in 14 CFR 39.19. In person may install, on any airplane, a NLG accordance with 14 CFR 39.19, send your Canada; North America toll-free telephone 1– shock strut assembly with part number (P/N) request to your principal inspector or local 866–538–1247 or direct-dial telephone 1– 40630–111, P/N 40630–113, or P/N 44630– Flight Standards District Office, as 514–855–2999; email ac.yul@ 101, unless it has been modified in appropriate. If sending information directly aero.bombardier.com; internet http:// accordance with paragraphs 2.B. or 2.C. of to the manager of the certification office, www.bombardier.com. You may view this the Accomplishment Instructions of send it to ATTN: Program Manager, service information at the FAA, Bombardier Service Bulletin 100–32–33, Continuing Operational Safety, FAA, New Airworthiness Products Section, Operational Revision 02, dated September 30, 2019; or York ACO Branch, 1600 Stewart Avenue, Safety Branch, 2200 South 216th St., Des paragraph 2.B. of the Accomplishment Suite 410, Westbury, NY 11590; telephone Moines, WA. For information on the Instructions of Bombardier Service Bulletin 516–228–7300; fax 516–794–5531. Before availability of this material at the FAA, call 350–32–009, Revision 02, dated September using any approved AMOC, notify your 30, 2019; as applicable. appropriate principal inspector, or lacking a 206–231–3195. (j) Credit for Previous Actions principal inspector, the manager of the local Issued on May 22, 2020. flight standards district office/certificate Lance T. Gant, (1) This paragraph provides credit for holding district office. actions required by paragraph (g) of this AD, (2) Contacting the Manufacturer: For any Director, Compliance & Airworthiness if those actions were performed before the requirement in this AD to obtain instructions Division, Aircraft Certification Service. effective date of this AD using paragraph 2.B. from a manufacturer, the instructions must [FR Doc. 2020–11654 Filed 6–2–20; 8:45 am] or 2.C., as applicable, of Bombardier Service be accomplished using a method approved BILLING CODE 4910–13–P Bulletin 100–32–33, dated October 31, 2018, by the Manager, New York ACO Branch, or Bombardier Service Bulletin 100–32–33, FAA; or Transport Canada Civil Aviation Revision 01, July 31, 2019. (TCCA); or Bombardier’s TCCA Design (2) This paragraph provides credit for Approval Organization (DAO). If approved by actions required by paragraph (h) of this AD, the DAO, the approval must include the if those actions were performed before the DAO-authorized signature. effective date of this AD using paragraph 2.B. of Bombardier Service Bulletin 350–32–009, (l) Related Information dated October 31, 2018, or Bombardier (1) Refer to Mandatory Continuing Service Bulletin 350–32–009, Revision 01 Airworthiness Information (MCAI) Canadian dated July 31, 2019, as applicable, provided AD CF–2019–43, dated November 8, 2019, that the NLG shock strut assembly with P/N for related information. This MCAI may be 44630–101 was removed in lieu of P/N found in the AD docket on the internet at

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DEPARTMENT OF TRANSPORTATION Group, Office of Policy, Federal public docket both before and after the Aviation Administration, 800 comment closing date. A report Federal Aviation Administration Independence Avenue SW, Washington, summarizing each substantive public DC 20591; telephone: (202) 267–8783. contact with FAA personnel concerned 14 CFR Part 71 SUPPLEMENTARY INFORMATION: with this rulemaking will be filed in the docket. [Docket No. FAA–2020–0496; Airspace Authority for This Rulemaking Docket No. 20–AEA–1] Availability of NPRMs The FAA’s authority to issue rules RIN 2120–AA66 regarding aviation safety is found in An electronic copy of this document Title 49 of the United States Code. may be downloaded through the Proposed Amendment of VOR Federal Subtitle I, Section 106 describes the internet at https://www.regulations.gov. Airways V–2, V–14, V–31, V–33, V–36, authority of the FAA Administrator. Recently published rulemaking V–84, V–164, V–252, and V–510 in the Subtitle VII, Aviation Programs, documents can also be accessed through Vicinity of Buffalo, NY describes in more detail the scope of the the FAA’s web page at https:// _ AGENCY: agency’s authority. This rulemaking is www.faa.gov/air traffic/publications/ Federal Aviation _ Administration (FAA), DOT. promulgated under the authority airspace amendments/. You may review the public docket ACTION: described in Subtitle VII, Part A, Notice of proposed rulemaking containing the proposal, any comments (NPRM). Subpart I, Section 40103. Under that section, the FAA is charged with received and any final disposition in SUMMARY: This action proposes to prescribing regulations to assign the use person in the Dockets Office (see amend VHF Omnidirectional Range of the airspace necessary to ensure the ADDRESSES section for address and (VOR) Federal airways V–2, V–14, V–31, safety of aircraft and the efficient use of phone number) between 9:00 a.m. and V–33, V–36, V–84, V–164, V–252, and airspace. This regulation is within the 5:00 p.m., Monday through Friday, V–510 due to the planned scope of that authority as it would except federal holidays. An informal decommissioning of the VOR portion of modify the National Airspace System as docket may also be examined during the Buffalo, NY (BUF), VOR/Distance necessary to preserve the safe and normal business hours at the office of Measuring Equipment (VOR/DME) efficient flow of air traffic. the Operations Support Group, Central Service Center, Federal Aviation navigation aid (NAVAID). The Buffalo Comments Invited VOR provides navigation guidance for Administration, 10101 Hillwood Blvd., portions of the affected VOR Federal Interested parties are invited to Fort Worth, TX 76177. airways and is being decommissioned as participate in this proposed rulemaking by submitting such written data, views, Availability and Summary of part of the FAA’s VOR Minimum Documents for Incorporation by Operational Network (MON) program. or arguments as they may desire. Comments that provide the factual basis Reference DATES: Comments must be received on supporting the views and suggestions This document proposes to amend or before July 20, 2020. presented are particularly helpful in FAA Order 7400.11D, Airspace ADDRESSES: Send comments on this developing reasoned regulatory Designations and Reporting Points, proposal to the U.S. Department of decisions on the proposal. Comments dated August 8, 2019, and effective Transportation, Docket Operations, 1200 are specifically invited on the overall September 15, 2019. FAA Order New Jersey Avenue SE, West Building regulatory, aeronautical, economic, 7400.11D is publicly available as listed Ground Floor, Room W12–140, environmental, and energy-related in the ADDRESSES section of this Washington, DC 20590; telephone: aspects of the proposal. document. FAA Order 7400.11D lists 1(800) 647–5527, or (202) 366–9826. Communications should identify both Class A, B, C, D, and E airspace areas, You must identify FAA Docket No. docket numbers (FAA Docket No. FAA– air traffic service routes, and reporting FAA–2020–0496; Airspace Docket No. 2020–0496; Airspace Docket No. 20– points. 20–AEA–1 at the beginning of your AEA–1) and be submitted in triplicate to Background comments. You may also submit the Docket Management Facility (see comments through the internet at ADDRESSES section for address and The FAA is planning to https://www.regulations.gov. phone number). You may also submit decommission the VOR portion of the FAA Order 7400.11D, Airspace comments through the internet at Buffalo, NY (BUF), VOR/DME in Designations and Reporting Points, and https://www.regulations.gov. December 2020. The Buffalo VOR was subsequent amendments can be viewed Commenters wishing the FAA to one of the candidate VORs identified for _ online at https://www.faa.gov/air acknowledge receipt of their comments discontinuance by the FAA’s VOR MON traffic/publications/. For further on this action must submit with those program and listed in the Final policy information, you can contact the Rules comments a self-addressed, stamped statement notice, ‘‘Provision of and Regulations Group, Federal postcard on which the following Navigation Services for the Next Aviation Administration, 800 statement is made: ‘‘Comments to FAA Generation Air Transportation System Independence Avenue SW, Washington, Docket No. FAA–2020–0496; Airspace (NextGen) Transition to Performance- DC 20591; telephone: (202) 267–8783. Docket No. 20–AEA–1.’’ The postcard Based Navigation (PBN) (Plan for The Order is also available for will be date/time stamped and returned Establishing a VOR Minimum inspection at the National Archives and to the commenter. Operational Network),’’ published in the Records Administration (NARA). For All communications received on or Federal Register of July 26, 2016 (81 FR information on the availability of FAA before the specified comment closing 48694), Docket No. FAA–2011–1082. Order 7400.11D at NARA, email: date will be considered before taking Although the VOR portion of the Buffalo [email protected] or go to https:// action on the proposed rule. The VOR/DME NAVAID is planned for www.archives.gov/federal-register/cfr/ proposal contained in this action may decommissioning, the DME portion of ibr-locations.html. be changed in light of comments the NAVAID is being retained to FOR FURTHER INFORMATION CONTACT: received. All comments submitted will support Next Generation Air Colby Abbott, Rules and Regulations be available for examination in the Transportation System (NextGen)

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Performance Based Navigation (PBN) The Proposal No. FAA–2020–0049 published in the flight procedure requirements. The ATS The FAA is proposing an amendment Federal Register (85 FR 6115, February routes affected by the Buffalo VOR to Title 14 Code of Federal Regulations 4, 2020). The unaffected portions of the decommissioning are VOR Federal (14 CFR) part 71 to modify VOR Federal existing airway would remain as airways V–2, V–14, V–31, V–33, V–36, airways V–2, V–14, V–31, V–33, V–36, charted. V–36: V–36 currently extends V–84, V–164, V–252, and V–510. V–84, V–164, V–252, and V–510 due to With the planned decommissioning of between the Thunder Bay, ON, Canada, the planned decommissioning of the the Buffalo VOR, the remaining ground- VOR/DME and the intersection of the VOR portion of the Buffalo, NY (BUF), based NAVAID coverage in the area is Wiarton, ON, Canada, VOR/DME 150° VOR/DME. The proposed VOR Federal insufficient to enable the continuity of and Toronto, ON, Canada, VOR/DME airway actions are described below. the V–2, V–14, V–33, V–36, V–84, V– 304° radials; and between the Buffalo, V–2: V–2 currently extends between 164, and V–510 airways within the NY, VOR/DME and the intersection of the Seattle, WA, VORTAC and the affected area. As a result, the proposed the LaGuardia, NY, VOR/DME 310° and intersection of the Nodine, MN, amendments to V–2, V–14, V–36, and Stillwater, NJ, VOR/DME 043° radials. VORTAC 122° and Waukon, IA, VOR/ V–84 would result in the existing gaps The airspace within Canada is excluded. DME 053° radials (WEBYE fix); and in the airways being expanded. The The FAA proposes to remove the airway between the Buffalo, NY, VOR/DME and proposed amendments to V–33 and V– segment between the Buffalo, NY, VOR/ 164 would result in the airways ending the Gardner, MA, VOR/DME. The FAA DME and the Elmira, NY, VOR/DME. (for V–33) and starting (for V–164) at the proposes to remove the airway segment The unaffected portions of the existing previous or next NAVAID in the between the Buffalo, NY, VOR/DME and airway would remain as charted. airways, respectively, and the proposed the Rochester, NY, VOR/DME. V–84: V–84 currently extends amendment to V–510 would result in Additional changes to other portions of between the Northbrook, IL, VOR/DME the airway segment located east of the the airway have been proposed in a and the Pullman, MI, VOR/DME; and existing gap in the airway being separate NPRM. The unaffected portions between the Buffalo, NY, VOR/DME and removed. The remaining ground-based of the existing airway would remain as the Syracuse, NY, VORTAC. The FAA NAVAID coverage in the area is charted. proposes to remove the airway segment sufficient to retain the continuity of the V–14: V–14 currently extends between the Buffalo, NY, VOR/DME and V–31 and V–252 airways and the between the Chisum, NM, VORTAC and the Geneseo, NY, VOR/DME. The proposed amendments to those airways the Flag City, OH, VORTAC; and unaffected portions of the existing would result in them remaining between the Buffalo, NY, VOR/DME and airway would remain as charted. available for use as charted. the Norwich, CT, VOR/DME. The FAA V–164: V–164 currently extends To overcome the proposed removal of proposes to remove the airway segment between the Buffalo, NY, VOR/DME and the V–2, V–14, V–33, V–36, V–84, V– between the Buffalo, NY, VOR/DME and the East Texas, PA, VOR/DME. The FAA 164, and V–510 airway segments, the Geneseo, NY, VOR/DME. The proposes to remove the airway segment instrument flight rules (IFR) pilots could unaffected portions of the existing between the Buffalo, NY, VOR/DME and use adjacent VOR Federal airways, airway would remain as charted. the Wellsville, NY, VORTAC. including V–31, V–119, V–252, and V– V–31: V–31 currently extends Additional changes to other portions of 270, or could request air traffic control between the Patuxent, MD, VORTAC the airway have been proposed in a (ATC) radar vectors to fly through or and the Nottingham, MD, VORTAC; and separate NPRM for Docket No. FAA– circumnavigate the affected area. IFR between the Baltimore, MD, VORTAC 2020–0049 published in the Federal pilots equipped with area navigation and the intersection of the Rochester, Register (85 FR 6115, February 4, 2020). (RNAV) PBN could also navigate point NY, VOR/DME 279° and Buffalo, NY, The unaffected portions of the existing to point using the existing fixes that will VOR/DME 023° radials (AIRCO fix). The airway would remain as charted. remain in place to support continued FAA proposes to amend the AIRCO fix V–252: V–252 currently extends operations though the affected area. in the airway description to describe it between the intersection of the Buffalo, Visual flight rules (VFR) pilots who as the intersection of the existing NY, VOR/DME 023° and Geneseo, NY, elect to navigate via the airways through Rochester VOR/DME 279° radial and the VOR/DME 305° radials (AIRCO fix) and the affected area could also take Jamestown, NY, VOR/DME 024°(T)/ the Dupont, DE, VORTAC. The FAA advantage of the air traffic services 032°(M) radial. Additionally, the proposes to amend the AIRCO fix in the previously listed. Patuxent, MD, VORTAC airway point airway description to describe it as the Additionally, to overcome the loss of references would be corrected from intersection of the Jamestown, NY, the Buffalo VOR component radial in ‘‘Patuxent River’’ to ‘‘Patuxent.’’ The VOR/DME 024°(T)/032°(M) radial and defining the last airway point (AIRCO unaffected portions of the existing the existing Geneseo, NY, VOR/DME fix) in V–31 and the first airway point airway would remain as charted. 305° radial. The unaffected portions of (AIRCO fix) in V–252, due to the V–33: V–33 currently extends the existing airway would remain as planned decommissioning of the Buffalo between the Harcum, VA, VORTAC and charted. VOR, that radial is being changed while the Nottingham, MD, VORTAC; and V–510: V–510 currently extends the existing intersecting radials that between the Baltimore, MD, VORTAC between the Dickinson, ND, VORTAC make up the AIRCO fix in each airway and the Buffalo, NY, VOR/DME. The and the Dells, WI, VORTAC; and are being retained. The Buffalo VOR airspace within R–4007A and R–4007B between the Buffalo, NY, VOR/DME and radial in the intersection definition of is excluded. The FAA proposes to the Rochester, NY, VOR/DME. The FAA the AIRCO fix in the V–31 and V–252 remove the airway segment between the proposes to remove the airway segment airway descriptions is being amended to Bradford, PA, VOR/DME and the between the Buffalo, NY, VOR/DME and reflect the Jamestown, NY, VOR/DME Buffalo, NY, VOR/DME. Additional the Rochester, NY, VOR/DME. The 024°(T)/032°(M) radial. IFR and VFR changes to other portions of the airway unaffected portions of the existing pilots who elect to navigate via the have been proposed in separate NPRMs airway would remain as charted. airways will be able to continue using for Docket No. FAA–2017–0932 All radials contained in the VOR V–31 and V–252, as charted, in the published in the Federal Register (82 Federal airway descriptions below that affected area. FR 48011, October 16, 2017) and Docket are unchanged are stated in True

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degrees. Radials that are stated in True § 71.1 [Amended] radials. The airspace within Canada is excluded. (T) and Magnetic (M) degrees are new ■ 2. The incorporation by reference in computations based on available 14 CFR 71.1 of FAA Order 7400.11D, * * * * * NAVAIDs. Airspace Designations and Reporting V–84 [Amended] VOR Federal airways are published in Points, dated August 8, 2019, and paragraph 6010(a) of FAA Order From Northbrook, IL; to Pullman, MI. From effective September 15, 2019, is ° 7400.11D dated August 8, 2019, and Geneseo, NY; INT Geneseo 091 and Syracuse, NY, 240° radials; to Syracuse. effective September 15, 2019, which is amended as follows: incorporated by reference in 14 CFR Paragraph 6010(a) Domestic VOR Federal * * * * * 71.1. The ATS routes listed in this Airways. V–164 [Amended] document would be subsequently * * * * * From Wellsville, NY; Stonyfork, PA; published in the Order. ° V–2 [Amended] Williamsport, PA; INT Williamsport 129 and FAA Order 7400.11, Airspace East Texas, PA, 315° radials; to East Texas. From Seattle, WA; Ellensburg, WA; Moses Designations and Reporting Points, is * * * * * published yearly and effective on Lake, WA; Spokane, WA; Mullan Pass, ID; September 15. Missoula, MT; Helena, MT; INT Helena 119° V–252 [Amended] ° and Livingston, MT, 322 radials; Livingston; From INT Jamestown, NY, 024°(T)/032°(M) Regulatory Notices and Analyses Billings, MT; Miles City, MT; 24 miles, 90 and Geneseo, NY, 305° radials; Geneseo; The FAA has determined that this miles 55 MSL, Dickinson, ND; 10 miles, 60 Binghamton, NY; Huguenot, NY; INT proposed regulation only involves an miles 38 MSL, Bismarck, ND; 14 miles, 62 Huguenot 196° and Robbinsville, NJ, 351° established body of technical miles 34 MSL, Jamestown, ND; Fargo, ND; radials; Robbinsville; to Dupont, DE. Alexandria, MN; Gopher, MN; Nodine, MN; * * * * * regulations for which frequent and to INT Nodine 122° and Waukon, IA, 053° routine amendments are necessary to radials. From Rochester, NY; Syracuse, NY; V–510 [Amended] keep them operationally current. It, ° Utica, NY; Albany, NY; INT Albany 084 and From Dickinson, ND; INT Dickinson 078° therefore: (1) Is not a ‘‘significant ° Gardner, MA, 284 radials; to Gardner. and Bismarck, ND, 290° radials; 28 miles 38 regulatory action’’ under Executive * * * * * MSL, Bismarck; INT Bismarck 067° and Order 12866; (2) is not a ‘‘significant Jamestown, ND, 279° radials; 14 miles, 65 rule’’ under Department of V–14 [Amended] miles 34 MSL, Jamestown; Fargo, ND; INT Transportation (DOT) Regulatory From Chisum, NM; Lubbock, TX; Fargo 110° and Alexandria, MN, 321° radials; Policies and Procedures (44 FR 11034; Childress, TX; Hobart, OK; Will Rogers, OK; Alexandria; INT Alexandria 110° and February 26, 1979); and (3) does not INT Will Rogers 052° and Tulsa, OK, 246° Gopher, MN, 321° radials; Gopher; INT warrant preparation of a regulatory radials; Tulsa; Neosho, MO; Springfield, MO; Gopher 109° and Nodine, MN, 328° radials; evaluation as the anticipated impact is Vichy, MO; INT Vichy 067° and St. Louis, Nodine; to Dells, WI. ° so minimal. Since this is a routine MO, 225 radials; St. Louis; Vandalia, IL; * * * * * Terre Haute, IN; Brickyard, IN; Muncie, IN; matter that will only affect air traffic Issued in Washington, DC. procedures and air navigation, it is to Flag City, OH. From Geneseo, NY; Georgetown, NY; INT Georgetown 093° and Scott M. Rosenbloom, certified that this proposed rule, when Albany, NY, 270° radials; Albany; INT Acting Manager, Rules and Regulations promulgated, will not have a significant Albany 084° and Gardner, MA, 284° radials; Group. economic impact on a substantial Gardner; to Norwich, CT. [FR Doc. 2020–11861 Filed 6–2–20; 8:45 am] number of small entities under the * * * * * BILLING CODE 4910–13–P criteria of the Regulatory Flexibility Act. V–31 [Amended] Environmental Review From Patuxent, MD; INT Patuxent 338° and DEPARTMENT OF TRANSPORTATION This proposal will be subject to an Nottingham, MD, 128° radials; to environmental analysis in accordance Nottingham. From Baltimore, MD; INT Federal Aviation Administration with FAA Order 1050.1F, Baltimore 004° and Harrisburg, PA, 147° ‘‘Environmental Impacts: Policies and radials; Harrisburg; Selinsgrove, PA; 14 CFR Part 71 Procedures’’ prior to any FAA final Williamsport, PA; Elmira, NY; INT Elmira regulatory action. 002° and Rochester, NY, 120° radials; [Docket No. FAA–2020–0497; Airspace Rochester; to INT Rochester 279° and Docket No. 20–ASO–1] List of Subjects in 14 CFR Part 71 Jamestown, NY, 024°(T)/032°(M) radials. RIN 2120–AA66 Airspace, Incorporation by reference, * * * * * Navigation (air). V–33 [Amended] Proposed Amendment of V–5 and V– 178, and Revocation of V–513 in the The Proposed Amendment From Harcum, VA; INT Harcum 003° and ° Vicinity of New Hope, KY In consideration of the foregoing, the Nottingham, MD, 174 radials; to Federal Aviation Administration Nottingham. From Baltimore, MD; INT AGENCY: Federal Aviation Baltimore 004° and Harrisburg, PA, 147° proposes to amend 14 CFR part 71 as Administration (FAA), DOT. radials; Harrisburg; Philipsburg, PA; Keating, ACTION: Notice of proposed rulemaking follows: PA; to Bradford, PA. The airspace within R– 4007A and R–4007B is excluded. (NPRM). PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR * * * * * SUMMARY: This action proposes to TRAFFIC SERVICE ROUTES; AND V–36 [Amended] amend VHF Omnidirectional Range REPORTING POINTS (VOR) Federal airways V–5 and V–178, From Thunder Bay, ON, Canada; Wawa, and remove V–513 in the vicinity of ■ ON, Canada; Sault Ste Marie, MI; Elliot Lake, 1. The authority citation for part 71 ON, Canada; Wiarton, ON, Canada; to INT New Hope, KY. The amendments are continues to read as follows: Wiarton 150° and Toronto, ON, Canada, 304° due to the planned decommissioning of Authority: 49 U.S.C. 106(f), 106(g); 40103, radials. From Elmira, NY; INT Elmira 110° the VOR portion of the New Hope, KY 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, and LaGuardia, NY, 310° radials; to INT (EWO), VOR/Distance Measuring 1959–1963 Comp., p. 389. LaGuardia 310° and Stillwater, NJ, 043° Equipment (VOR/DME) navigation aid

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(NAVAID) which provides navigation Comments Invited Service Center, Federal Aviation guidance for portions of the affected Interested parties are invited to Administration, 10101 Hillwood Blvd., airways. The New Hope VOR is being participate in this proposed rulemaking Fort Worth, TX 76177. decommissioned as part of the FAA’s by submitting such written data, views, Availability and Summary of VOR Minimum Operational Network or arguments as they may desire. Documents for Incorporation by (MON) program. Comments that provide the factual basis Reference DATES: Comments must be received on supporting the views and suggestions or before July 20, 2020. This document proposes to amend presented are particularly helpful in FAA Order 7400.11D, Airspace ADDRESSES: Send comments on this developing reasoned regulatory Designations and Reporting Points, proposal to the U.S. Department of decisions on the proposal. Comments dated August 8, 2019, and effective Transportation, Docket Operations, 1200 are specifically invited on the overall September 15, 2019. FAA Order New Jersey Avenue SE, West Building regulatory, aeronautical, economic, 7400.11D is publicly available as listed Ground Floor, Room W12–140, environmental, and energy-related in the ADDRESSES section of this Washington, DC 20590; telephone: aspects of the proposal. document. FAA Order 7400.11D lists 1(800) 647–5527, or (202) 366–9826. Communications should identify both Class A, B, C, D, and E airspace areas, You must identify FAA Docket No. docket numbers (FAA Docket No. FAA– air traffic service routes, and reporting FAA–2020–0497; Airspace Docket No. 2020–0497; Airspace Docket No. 20– points. 20–ASO–1 at the beginning of your ASO–1) and be submitted in triplicate to comments. You may also submit the Docket Management Facility (see Background comments through the internet at ADDRESSES; section for address and The FAA is planning to https://www.regulations.gov. phone number). You may also submit decommission the VOR portion of the FAA Order 7400.11D, Airspace comments through the internet at New Hope, KY (EWO), VOR/DME in Designations and Reporting Points, and https://www.regulations.gov. December 2020. The New Hope VOR subsequent amendments can be viewed Commenters wishing the FAA to was one of the candidate VORs _ online at https://www.faa.gov/air acknowledge receipt of their comments identified for discontinuance by the traffic/publications/. For further on this action must submit with those FAA’s VOR MON program and listed in information, you can contact the Rules comments a self-addressed, stamped the Final policy statement notice, and Regulations Group, Federal postcard on which the following ‘‘Provision of Navigation Services for Aviation Administration, 800 statement is made: ‘‘Comments to FAA the Next Generation Air Transportation Independence Avenue SW, Washington, Docket No. FAA–2020–0497; Airspace System (NextGen) Transition to DC 20591; telephone: (202) 267–8783. Docket No. 20–ASO–1.’’ The postcard Performance-Based Navigation (PBN) The Order is also available for will be date/time stamped and returned (Plan for Establishing a VOR Minimum inspection at the National Archives and to the commenter. Operational Network),’’ published in the Records Administration (NARA). For All communications received on or Federal Register of July 26, 2016 (81 FR information on the availability of FAA before the specified comment closing 48694), Docket No. FAA–2011–1082. Order 7400.11D at NARA, email: date will be considered before taking Although the VOR portion of the New [email protected] or go to https:// action on the proposed rule. The Hope VOR/DME NAVAID is planned for www.archives.gov/federal-register/cfr/ proposal contained in this action may decommissioning, the DME portion of ibr-locations.html. be changed in light of comments the NAVAID is being retained to FOR FURTHER INFORMATION CONTACT: received. All comments submitted will support Next Generation Air Colby Abbott, Rules and Regulations be available for examination in the Transportation System (NextGen) Group, Office of Policy, Federal public docket both before and after the Performance Based Navigation (PBN) Aviation Administration, 800 comment closing date. A report flight procedure requirements. Independence Avenue SW, Washington, summarizing each substantive public The VOR Federal airway DC 20591; telephone: (202) 267–8783. contact with FAA personnel concerned dependencies to the New Hope VOR are SUPPLEMENTARY INFORMATION: with this rulemaking will be filed in the V–5, V–178, and V–513. With the docket. planned decommissioning of the New Authority for This Rulemaking Hope VOR, the proposed modifications Availability of NPRMs The FAA’s authority to issue rules to the dependent airways would result regarding aviation safety is found in An electronic copy of this document in the airway segments supported by the Title 49 of the United States Code. may be downloaded through the New Hope VOR being removed; creating Subtitle I, Section 106 describes the internet at https://www.regulations.gov. gaps in V–5 and V–178, and removing authority of the FAA Administrator. Recently published rulemaking V–513. Subtitle VII, Aviation Programs, documents can also be accessed through To overcome the gaps created in V– describes in more detail the scope of the the FAA’s web page at https:// 5 and V–178, and the removal of V–513, agency’s authority. This rulemaking is www.faa.gov/air_traffic/publications/ instrument flight rules (IFR) pilots could promulgated under the authority airspace_amendments/. use adjacent VOR Federal airways, described in Subtitle VII, Part A, You may review the public docket including V–51, V–52, V–140, V–310, Subpart I, Section 40103. Under that containing the proposal, any comments and V–493, or could request air traffic section, the FAA is charged with received and any final disposition in control radar vectors to fly through or prescribing regulations to assign the use person in the Dockets Office (see circumnavigate the affected area. IFR of the airspace necessary to ensure the ADDRESSES section for address and pilots equipped with area navigation safety of aircraft and the efficient use of phone number) between 9:00 a.m. and (RNAV) PBN could also navigate point airspace. This regulation is within the 5:00 p.m., Monday through Friday, to point using the existing fixes that will scope of that authority as it would except federal holidays. An informal remain in place to support continued modify the National Airspace System as docket may also be examined during operations though the affected area. necessary to preserve the safe and normal business hours at the office of Visual flight rules (VFR) pilots who efficient flow of air traffic. the Operations Support Group, Central elect to navigate via the airways through

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the affected area could also take All radials contained in the VOR § 71.1 [Amended] advantage of the air traffic services Federal airway descriptions below are ■ 2. The incorporation by reference in previously listed. unchanged and stated in True degrees. 14 CFR 71.1 of FAA Order 7400.11D, Prior to this NPRM, the FAA VOR Federal airways are published in Airspace Designations and Reporting published a rule for Docket No. FAA– paragraph 6010(a) of FAA Order Points, dated August 8, 2019, and 2020–0008 in the Federal Register (85 7400.11D dated August 8, 2019, and effective September 15, 2019, is FR 26601; May 5, 2020), amending VOR effective September 15, 2019, which is amended as follows: Federal airway V–178 by removing the incorporated by reference in 14 CFR airway segment between the 71.1. The VOR Federal airways listed in Paragraph 6010(a) Domestic VOR Federal Airways. Cunningham, KY, VOR/DME and the this document would be subsequently New Hope, KY, VOR/DME. The airway published in the Order. * * * * * FAA Order 7400.11, Airspace amendment, effective July 16, 2020, is V–5 [Amended] included in this NPRM. Additionally, Designations and Reporting Points, is From Pecan, GA; Vienna, GA; Dublin, the FAA published a second rule prior published yearly and effective on GA; Athens, GA; INT Athens 340° and to this NPRM for Docket No. FAA– September 15. Electric City, SC, 274° radials; INT 2020–0002 in the Federal Register (85 Regulatory Notices and Analyses Electric City 274° and Choo Choo, TN, FR 28852, May 14, 2020), further 127° radials; Choo Choo; to Bowling amending V–178 by removing the The FAA has determined that this Green, KY. From Louisville, KY; airway segment between the proposed regulation only involves an Cincinnati, OH; to Appleton, OH. Farmington, MO, VOR/Tactical Air established body of technical Navigation (VORTAC) and the regulations for which frequent and * * * * * routine amendments are necessary to Cunningham, KY, VOR/DME. This V–178 [Amended] airway amendment, effective July 16, keep them operationally current. It, 2020, is also included in this NPRM. therefore: (1) Is not a ‘‘significant From Hallsville, MO; INT Hallsville regulatory action’’ under Executive l83° and Vichy, MO, 32l° radials; Vichy; The Proposal Order 12866; (2) is not a ‘‘significant to Farmington, MO. From Lexington, rule’’ under Department of KY; to Bluefield, WV. The FAA is proposing an amendment Transportation (DOT) Regulatory * * * * * to Title 14 Code of Federal Regulations Policies and Procedures (44 FR 11034; (14 CFR) part 71 to amend VOR Federal February 26, 1979); and (3) does not V–513 [Removed] airways V–5 and V–178, and remove V– warrant preparation of a regulatory * * * * * 513. This proposal would also correct evaluation as the anticipated impact is the state location for the Choo Choo so minimal. Since this is a routine Scott M. Rosenbloom, VORTAC to read Tennessee (TN). The matter that will only affect air traffic Acting Manager, Rules and Regulations planned decommissioning of the VOR procedures and air navigation, it is Group. portion of the New Hope, KY, VOR/ certified that this proposed rule, when [FR Doc. 2020–11856 Filed 6–2–20; 8:45 am] DME has made this action necessary. promulgated, will not have a significant BILLING CODE 4910–13–P The proposed VOR Federal airway economic impact on a substantial actions are described below. number of small entities under the V–5: V–5 currently extends between criteria of the Regulatory Flexibility Act. DEPARTMENT OF TRANSPORTATION the Pecan, GA, VOR/DME and the Federal Aviation Administration Appleton, OH, VORTAC. The FAA Environmental Review proposes to remove the airway segment This proposal will be subject to an 14 CFR Part 71 between the Bowling Green, KY, environmental analysis in accordance VORTAC and the Louisville, KY, with FAA Order 1050.1F, [Docket No. FAA–2020–0491; Airspace VORTAC. Additional changes to other ‘‘Environmental Impacts: Policies and Docket No. 20–ASO–16] portions of the airway have been Procedures’’ prior to any FAA final RIN 2120–AA66 proposed in a separate NPRM for Docket regulatory action. No. FAA–2020–0188 that published in List of Subjects in 14 CFR Part 71 Proposed Amendment of Class E the Federal Register (85 FR16585, Airspace; Guntersville, AL March 24, 2020). The unaffected Airspace, Incorporation by reference, portions of the existing airway would Navigation (air). AGENCY: Federal Aviation remain as charted. Administration (FAA), DOT. The Proposed Amendment ACTION: V–178: V–178 currently extends Notice of proposed rulemaking between the Hallsville, MO, VORTAC In consideration of the foregoing, the (NPRM). Federal Aviation Administration and the Farmington, MO, VORTAC; and SUMMARY: This action proposes to between the New Hope, KY, VOR/DME proposes to amend 14 CFR part 71 as follows: amend Class E airspace extending and the Bluefield, WV, VOR/DME. The upward from 700 feet above the surface FAA proposes to remove the airway PART 71—DESIGNATION OF CLASS A, at Guntersville Municipal Airport-Joe segment between the New Hope, KY, B, C, D, AND E AIRSPACE AREAS; AIR Starnes Field (formerly Guntersville VOR/DME and the Lexington, KY, VOR/ TRAFFIC SERVICE ROUTES; AND Municipal Airport), Guntersville, AL, to DME. The unaffected portions of the REPORTING POINTS accommodate new Area Navigation existing airway remain as charted. (RNAV) Global Positioning System V–513: V–513 currently extends ■ 1. The authority citation for part 71 (GPS) standard instrument approach between the Livingston, TN, VOR/DME continues to read as follows: procedures serving this airport. This and the Louisville, KY, VORTAC. The Authority: 49 U.S.C. 106(f), 106(g); 40103, action would also update the geographic FAA proposes to remove the airway in 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, coordinates of the airport. Controlled its entirety. 1959–1963 Comp., p. 389. airspace is necessary for the safety and

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management of instrument flight rules Comments Invited at the office of the Eastern Service (IFR) operations in the area. Interested persons are invited to Center, Federal Aviation Administration, Room 350, 1701 DATES: comment on this proposed rulemaking Comments must be received on Columbia Avenue, College Park, GA or before July 20, 2020. by submitting such written data, views, or arguments, as they may desire. 30337. ADDRESSES: Send comments on this Comments that provide the factual basis Availability and Summary of proposal to: The U.S. Department of supporting the views and suggestions Documents for Incorporation by Transportation, Docket Operations, 1200 presented are particularly helpful in Reference New Jersey Avenue SE, West Building developing reasoned regulatory Ground Floor, Room W12–140, This document proposes to amend decisions on the proposal. Comments FAA Order 7400.11D, Airspace Washington, DC 20590–0001; are specifically invited on the overall Telephone: (800) 647–5527, or (202) Designations and Reporting Points, regulatory, aeronautical, economic, dated August 8, 2019, and effective 366–9826. You must identify the Docket environmental, and energy-related No. FAA–2020–0491; Airspace Docket September 15, 2019. FAA Order aspects of the proposal. 7400.11D is publicly available as listed No. 20–ASO–16, at the beginning of Communications should identify both your comments. You may also submit in the ADDRESSES section of this docket numbers (Docket No. FAA– document. FAA Order 7400.11D lists comments through the internet at 2020–0491 and Airspace Docket No. 20– https://www.regulations.gov. Class A, B, C, D, and E airspace areas, ASO–16) and be submitted in triplicate air traffic service routes, and reporting FAA Order 7400.11D, Airspace to DOT Docket Operations (see points. Designations and Reporting Points, and ADDRESSES section for the address and subsequent amendments can be viewed phone number). You may also submit The Proposal on line at https://www.faa.gov/air_ comments through the internet at The FAA proposes an amendment to traffic/publications/. For further https://www.regulations.gov. Title 14 Code of Federal Regulations (14 information, you can contact the Persons wishing the FAA to CFR) part 71 to amend Class E airspace Airspace Policy Group, Federal Aviation acknowledge receipt of their comments extending upward from 700 feet above Administration, 800 Independence on this action must submit with those the surface at Guntersville Municipal Avenue SW, Washington, DC 20591; comments a self-addressed stamped Airport-Joe Starnes Field, Guntersville, telephone: (202) 267–8783. The Order is postcard on which the following AL, from a 6.3-mile radius to a 7-mile also available for inspection at the statement is made: ‘‘Comments to FAA radius. In addition, the FAA proposes to National Archives and Records Docket No. FAA–2020–0491; Airspace update the airport’s name and Administration (NARA). For Docket No. 20–ASO–16.’’ The postcard geographic coordinates to coincide with information on the availability of FAA will be date/time stamped and returned the FAA’s aeronautical database. Order 7400.11D at NARA, email to the commenter. Class E airspace designations are [email protected] or go to https:// All communications received before published in Paragraph 6005, of FAA www.archives.gov/federal-register/cfr/ the specified closing date for comments Order 7400.11D, dated August 8, 2019, ibr-locations.html. will be considered before taking action and effective September 15, 2019, which on the proposed rule. The proposal is incorporated by reference in 14 CFR FOR FURTHER INFORMATION CONTACT: John contained in this document may be 71.1. The Class E airspace designations Fornito, Operations Support Group, changed in light of the comments listed in this document will be Eastern Service Center, Federal Aviation received. All comments submitted will published subsequently in the Order. Administration, 1701 Columbia Avenue, be available for examination in the FAA Order 7400.11, Airspace College Park, GA 30337; telephone (770) public docket both before and after the Designations and Reporting Points, is 883–5664. comment closing date. A report published yearly and effective on summarizing each substantive public SUPPLEMENTARY INFORMATION: September 15. contact with FAA personnel concerned Regulatory Notices and Analyses Authority for This Rulemaking with this rulemaking will be filed in the docket. The FAA has determined that this The FAA’s authority to issue rules proposed regulation only involves an regarding aviation safety is found in Availability of NPRMs established body of technical Title 49 of the United States Code. An electronic copy of this document regulations for which frequent and Subtitle I, Section 106 describes the may be downloaded through the routine amendments are necessary to authority of the FAA Administrator. internet at http://www.regulations.gov. keep them operationally current. It, Subtitle VII, Aviation Programs, Recently published rulemaking therefore: (1) Is not a ‘‘significant describes in more detail the scope of the documents can also be accessed through regulatory action’’ under Executive agency’s authority. This rulemaking is the FAA’s web page at https:// Order 12866; (2) is not a ‘‘significant promulgated under the authority www.faa.gov/air_traffic/publications/ rule’’ under DOT Regulatory Policies described in Subtitle VII, Part A, airspace_amendments/. and Procedures (44 FR 11034; February Subpart I, Section 40103. Under that You may review the public docket 26, 1979); and (3) does not warrant section, the FAA is charged with containing the proposal, any comments preparation of a Regulatory Evaluation prescribing regulations to assign the use received and any final disposition in as the anticipated impact is so minimal. of airspace necessary to ensure the person in the Dockets Office (see the Since this is a routine matter that will safety of aircraft and the efficient use of ADDRESSES section for address and only affect air traffic procedures and air airspace. This regulation is within the phone number) between 9:00 a.m. and navigation, it is certified that this scope of that authority as it would 5:00 p.m., Monday through Friday, proposed rule, when promulgated, will amend Class E airspace at Guntersville except federal holidays. An informal not have a significant economic impact Municipal Airport-Joe Starnes Field, docket may also be examined between on a substantial number of small entities Guntersville, AL, to support IFR 8:00 a.m. and 4:30 p.m., Monday under the criteria of the Regulatory operations in the area. through Friday, except federal holidays, Flexibility Act.

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Environmental Review LIBRARY OF CONGRESS recordation process by updating regulations governing the submission of This proposal will be subject to an U.S. Copyright Office documents to the Office for environmental analysis in accordance recordation.1 This regulatory update with FAA Order 1050.1F, 37 CFR Part 201 was initiated in anticipation of ‘‘Environmental Impacts: Policies and [Docket No. 2020–10] launching a fully electronic, online Procedures’’ prior to any FAA final recordation system in the future. That regulatory action. Modernizing Recordation of Notices of system is currently under development, Termination and a limited public pilot was launched Lists of Subjects in 14 CFR Part 71 in April 2020. AGENCY: U.S. Copyright Office, Library Airspace, Incorporation by reference, The Office is issuing this separate of Congress. Navigation (air). notice of proposed rulemaking ACTION: Notice of Proposed Rulemaking; (‘‘NPRM’’) to seek public comment on The Proposed Amendment Notification of Inquiry. proposed updates to its regulations governing recordation of notices of In consideration of the foregoing, the SUMMARY: The United States Copyright termination.2 Implementing these Federal Aviation Administration Office is proposing to amend certain proposed amendments will update the proposes to amend 14 CFR part 71 as regulations governing the recordation of regulatory framework for notices of follows: notices of termination. Along with a termination before features permitting parallel rulemaking focused on electronic submission of notices are PART 71—DESIGNATION OF CLASS A, modernizing document recordation in developed for the online recordation B, C, D, AND E AIRSPACE AREAS; AIR conjunction with development of the system. In addition, this NPRM clarifies TRAFFIC SERVICE ROUTES; AND Office’s online recordation system, the Office examination practices relating to REPORTING POINTS proposed amendments are intended to notices of termination that contain improve efficiency in the processing of multiple grants. Finally, the Office ■ 1. The authority citation for part 71 such notices and to provide additional invites public comment on two subjects continues to read as follows: guidance to the public in this area. In of inquiry: (1) Whether the Office addition, the Office is providing notice should develop an optional form or Authority: 49 U.S.C. 106(f), 106(g); 40103, of changes to its examination practices template to assist remitters in creating 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, for certain notices of termination that and serving notices of termination; and 1959–1963 Comp., p. 389. pertain to multiple grants, and soliciting (2) whether the Office should consider § 71.1 [Amended] public comment on two additional regulatory updates to address concerns subjects of inquiry relating to notices of about third-party agents failing to ■ 2. The incorporation by reference in termination. properly serve and file notices on behalf 14 CFR 71.1 of Federal Aviation DATES: Written comments must be of authors.3 Administration Order 7400.11D, received no later than 11:59 p.m. A. Current Rules and Practices for Airspace Designations and Reporting Eastern Time on July 6, 2020. Points, dated August 8, 2019, and Recording Notices of Termination ADDRESSES: For reasons of government In enacting the Copyright Act of 1976, effective September 15, 2019, is efficiency, the Copyright Office is using Congress created a process for authors to amended as follows: the regulations.gov system for the reclaim previously-granted rights in submission and posting of public Paragraph 6005 Class E Airspace Areas their works by terminating grants after comments in this proceeding. All Extending Upward From 700 Feet or More a period of years has elapsed. To do so, Above the Surface of the Earth. comments are therefore to be submitted authors, or their heirs or duly electronically through regulations.gov. * * * * * authorized agents, must serve a notice of Specific instructions for submitting ASO AL E5 Guntersville, AL [Amended] comments are available on the 1 See Modernizing Copyright Recordation, 82 FR Guntersville Municipal Airport-Joe Starnes Copyright Office website at https:// 52213 (Nov. 13, 2017). Field, AL www.copyright.gov/rulemaking/ 2 See 37 CFR 201.10. (Lat. 34°24′22″ N, long. 86°15′39″ W) recordation-modernization. If electronic 3 This notice is focused on proposed updates to That airspace extending upward from 700 submission of comments is not feasible Office practices for recording notices of due to lack of access to a computer and/ termination, and is without comment upon feet above the surface within a 7-mile radius congressional and public interest in other of Guntersville Municipal Airport-Joe Starnes or the internet, please contact the Office substantive issues concerning the termination Field. using the contact information below for statutes. See, e.g., Hearing on Mark-up of H.R. 5283 special instructions. before the H. Comm. on the Judiciary, 115th Cong. Issued in College Park, Georgia, on May 27, 45–46 (2018) (statement of Rep. Zoe Lofgren) 2020. FOR FURTHER INFORMATION CONTACT: (expressing support for expanding termination Regan A. Smith, General Counsel, by rights to legacy recording artists who contributed to Andreese C. Davis, email at [email protected], Kevin R. pre-72 sound recordings); id. at 53 (statement of Manager, Airspace & Procedures Team South, Amer, Deputy General Counsel, by Rep. Sheila Jackson-Lee) (same); Moral Rights, Termination Rights, Resale Royalty, and Copyright Eastern Service Center, Air Traffic email at [email protected], or Organization. Term: Hearing before the Subcomm. on the Courts, Nicholas R. Bartelt, Attorney-Advisor, Intellectual Prop., & the internet of the H. Comm. [FR Doc. 2020–11710 Filed 6–2–20; 8:45 am] by email at [email protected]. Each on the Judiciary, 113th Cong. 2–4 (2014) (statements BILLING CODE 4910–13–P can be contacted by telephone by calling of Reps. Coble, Conyers, & Goodlatte) (discussing termination issues generally); U.S. Copyright Office, (202) 707–8350. Analysis of Gap Grants under the Termination SUPPLEMENTARY INFORMATION: Provisions of Title 17 9 (2010) (‘‘Gap Grant Analysis’’) (highlighting termination issues raised I. Background by public commenters outside the focus of the gap grant analysis); Public Knowledge, Making Sense of In 2017, the Office initiated a the Termination Right: How the System Fails rulemaking to modernize its overall Artists and How to Fix It (Dec. 2019).

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termination on the grantee not less than generally seeks to avoid outright changed the provision to state that the two or more than ten years before the rejection of termination notices Office ‘‘will’’ refuse such notices.14 The effective date of termination stated in submitted for recordation on grounds of notice announcing the rule did not the notice.4 The effective date of technical noncompliance with Office discuss the basis for that change or state termination is a date selected by the regulations. Instead, where possible, the whether it was intended to narrow the author within a five-year window that is Office will correspond with remitters to Office’s discretion in this area. In any set by statute. For grants executed on or assist them in bringing deficient event, the Office now proposes after January 1, 1978, the five-year submissions into compliance with the replacing ‘‘will’’ with ‘‘may’’ to account window starts either 35 years from the relevant regulations—for example, by for the possibility that recordation may date of execution or, if the grant covers supplying required information omitted be warranted in certain cases even the right of publication, 40 years from from the original submission. This where the information available to the the date of execution or 35 years from general policy in favor of recordation is Office indicates that the notice is the date of publication, whichever is particularly appropriate in light of the untimely. For example, if the effective earlier.5 For grants executed before asymmetrical consequences associated date of termination appears to be January 1, 1978, the five-year window with the determination of whether or outside the five-year termination begins 56 years from the date copyright not to record a notice.10 As the Office’s window based on the date of execution was originally secured.6 In addition, regulations state, recordation is ‘‘not a provided, but there is reason to believe ‘‘[a] copy of the notice shall be recorded determination by the Office of the that the work may have been created at in the Copyright Office before the notice’s validity or legal effect’’ and ‘‘is a later date such that the notice could effective date of termination, as a without prejudice to any party claiming in fact be timely based on the Office’s condition to its taking effect,’’ and such that the legal or formal requirements for treatment of ‘‘gap grants,’’ 15 it may be ‘‘notice shall comply, in form, content, effectuating termination (including the appropriate to record the notice to allow and manner of service, with requirements pertaining to service and the relevant facts to be determined by a requirements that the Register of recordation of the notice of termination) court if necessary. The Office believes it Copyrights shall prescribe by have not been met.’’ 11 By contrast, a is appropriate to amend the regulatory regulation.’’ 7 More broadly, section 702 refusal to record can ‘‘permanently language to ensure it has the flexibility of the Act authorizes the Register of invalidate a notice of termination that is to excuse untimeliness in cases where Copyrights to ‘‘establish regulations . . . otherwise legally sound,’’ and thereby doing so would serve the interests of for the administration of the functions deprive the copyright owner of the justice and be otherwise equitable, to and duties made the responsibility of ability to reclaim rights in her work.12 the extent permitted by the statute.16 the Register under [title 17],’’ and Second, the Office proposes a section 705(a) requires the Register to II. The Proposed Rule technical change to clarify an example ‘‘ensure that records of . . . After a review of the current provided in the regulations to illustrate recordations . . . are maintained, and regulatory framework in light of overall when a notice may be untimely. The that indexes of such records are modernization efforts, the Office current regulations provide several prepared.’’ 8 proposes several amendments and examples of situations when a ‘‘notice In establishing regulations under this clarifications to its regulations will be considered untimely.’’ The authority, the Office has long been of governing notices of termination. The interim rule included these examples to the view that the ‘‘required contents of Office intends for these changes to illustrate the types of errors that could the notice must not become unduly facilitate recordation and compliance lead to the Office refusing to record a burdensome to grantors, authors, and with regulatory requirements. notice on timeliness grounds. The their successors,’’ who may lack examples were not, however, intended knowledge of certain information, such A. Timeliness to outline the full range of situations as the applicable dates.9 Consistent with First, the Office proposes an where a notice would be untimely. One that understanding, and to the extent amendment to restore its discretion to example of untimeliness added by the permitted by the statute, the Office record certain untimely notices if 2017 interim rule is where ‘‘the date of equitable circumstances warrant. Until recordation is after the effective date of 17 4 See 17 U.S.C. 203(a)(4)(A), 304(c)(4)(A). recently, the relevant language said that termination.’’ This language may 5 See id. at 203(a)(3). the Office ‘‘reserves the right to refuse cause confusion because the relevant 6 See id. at 304(c)(3). recordation of a notice of termination as statutory provisions—sections 7 Id. at 203(a)(4), 304(c)(4). These provisions also 203(a)(4)(A) and 304(c)(4)(A)—provide apply to section 304(d)(1), another termination such if, in the judgment of the Copyright Office, such notice is untimely.’’ 13 The that ‘‘[a] copy of the notice shall be provision, which incorporates section 304(c)(4) by recorded in the Copyright Office before reference. Id. at 304(d)(1). current interim rule, promulgated in 8 Id. at 702, 705(a). 2017 as part of the parallel rulemaking the effective date of termination, as a 9 Termination of Transfers and Licenses Covering on modernizing document recordation, Extended Renewal Term, 42 FR 45916, 45918 (Sept. 14 82 FR at 52220. 13, 1977) (‘‘[W]e remain convinced that the 15 10 See 37 CFR 201.10(f)(1)(ii)(C) (permitting required contents of the notice must not become The Office previously observed that adopting a termination under section 203 of a pre-1978 unduly burdensome to grantors, authors, or their permissive recordation policy is consistent with the agreement to grant a work created after January 1, successors, and must recognize that entirely statutory purpose of allowing authors to exercise 1978 ‘‘if [the notice] recites, as the date of legitimate reasons may exist for gaps in their their termination rights. See Gap Grant Analysis at execution, the date on which the work was knowledge or certainty.’’); id. at 45917 (‘‘The 3 (citing H.R. Rep. No. 94–1476, at 124 (1976); S. created’’). preparation of notice[s] of termination will be Rep. No. 94–473, at 108 (1975)). 16 By contrast, in cases where a notice of occurring at a time far removed from the original 11 37 CFR 201.10(f)(4); see Ray Charles Found. v. termination is received by the Office on or after the creation and publication of the work and, in many Robinson, 795 F.3d 1109, 1117–18 (9th Cir. 2015) effective date of termination, the statute itself cases, will involve successors of original authors (noting that validity and effect of notices can only appears to prohibit the Office from recording the having little, if any, knowledge of the details of be determined by a court of law, not the Copyright notice as a notice of termination. See 17 U.S.C. original creation or publication.’’); id. at 45918 Office). 203(a)(4)(A) (‘‘A copy of the notice shall be (recognizing that ‘‘it will commonly be the case that 12 Gap Grant Analysis at ii n.3. recorded in the Copyright Office before the effective the terminating author, or the terminating renewal 13 See Recordation of Notices of Termination of date of termination, as a condition to its taking claimant . . . will not have a copy of the grant or Transfers and Licenses; Clarifications, 74 FR 12554, effect.’’), 304(c)(4)(A) (same). ready access to a copy’’). 12556 (Mar. 25, 2009). 17 37 CFR 201.10(f)(1)(ii)(A) (emphasis added).

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condition to its taking effect.’’ 18 To identifying the date of registration or The Office believes that errors in clarify that submitting a notice for registration number, listing the names of complying with its regulations should recordation on the effective date of the author’s heirs, or describing the be evaluated by the same harmless error termination would also be untimely precise relationships between the author standard as errors in complying with the under the statutory provisions, the and his or her heirs.23 The regulations statutory requirements: So long as an Office proposes amending the example also specifically encompass errors in error does not materially affect the to provide that a date of recordation ‘‘on ‘‘[t]he date of execution of the grant adequacy of the notice, it should not or’’ after the effective date of being terminated and, if the grant render the notice invalid.27 The Office termination will be considered covered the right of publication of a therefore proposes broadening the untimely. work, the date of publication of the harmless error rule beyond errors in a 24 B. Harmless Errors work under the grant.’’ notice to also apply to remitters’ The Office’s regulations include a In contrast, failing to provide compliance with any Office- ‘‘harmless errors’’ exception providing complete date and manner of service promulgated recordation requirement that defects in a notice that ‘‘do not information (the ‘‘statement of service’’) for notices. This revision would permit materially affect the adequacy of the is a violation of Office regulations that the Office to treat missing or incomplete information required to serve the is not currently subject to the harmless service information the same as errors in purposes of 17 U.S.C. 203, 304(c), or error rule. The current regulations a notice—that is, as harmless error when 304(d), whichever applies, shall not mandate that a notice submitted for a remitter does not know or is unable to render the notice invalid.’’ 19 Case law recordation ‘‘must be accompanied by a reasonably determine this information. indicates that this provision may apply statement setting forth the date on to any ‘‘immaterial’’ error in a notice, which the notice was served and the C. Manner of Service manner of service, unless such such as providing incorrect addresses or The current regulations provide that failing to include specific identifying information is contained in the 25 service of a notice of termination upon information about each work.20 The notice.’’ This requirement is a procedural rule established by the a grantee may be accomplished by touchstone of whether an error is 28 ‘‘harmless’’ is its ‘‘materiality,’’ which Office for recordation, rather than personal service or by first class mail. ‘‘[is] to be viewed through the prism of statutorily-mandated component of a The Office proposes amending its the information needed to adequately valid notice. It is not subject to the regulations to clarify that acceptable advance the purpose sought by the harmless error rule because that rule manners of service also include delivery statutory termination provisions only applies to ‘‘errors in a notice,’’ by courier services (e.g., FedEx, UPS, themselves’’—that is, balancing including omissions of information from DHL). In addition, the Office proposes protection of authors’ opportunity to the notice,26 and the statement of permitting service by email, provided reclaim their rights against grantees’ service is not necessarily contained in the recipient expressly consents to interest in receiving sufficient notice of the actual notice, as it can be provided service in this manner.29 These how their rights will be affected.21 separately. proposed amendments recognize In addition to this general ‘‘harmless modern, alternative methods of service errors’’ provision, the regulations list made in good faith and without any intention to to increase efficiencies for both several specific types of errors that are deceive, mislead, or conceal relevant information.’’); see Johansen v. Sony Music Entm’t remitters and grantees. The Office considered harmless under the rule, Inc., 19 Civ. 1094, 2020 WL 1529442, at *7 (Mar. recently took similar action to allow provided ‘‘the errors were made in good 31, 2020) (noting that ‘‘the examples recited in remitters to submit notices of faith and without any intention to § 201.10(e)(2) were not meant to define or otherwise termination for recordation by the Office set strict parameters on the circumstances where deceive, mislead, or conceal relevant ‘‘electronically in the form and manner 22 the general harmless error rule in § 201.10(e)(1) is information.’’ These include errors in applicable’’). prescribed in instructions on the 23 37 CFR 201.10(e)(2). Office’s website.’’ 30 18 17 U.S.C. 203(a)(4)(A), 304(c)(4)(A) (emphasis 24 See id. at 201.10(b)(2)(iii), (e)(2); Mtume, 2019 added). WL 4805925, at *4 (finding that although the date 27 In fact, the initial harmless error provision was 19 37 CFR 201.10(e)(1). of execution provided in the notice ‘‘cannot be the adopted after public commenters proposed it as a 20 See Horror Inc. v. Miller, 335 F. Supp. 3d 273, date of creation for at least one of the works,’’ ‘‘this guardrail against ‘‘fatal slips’’ in complying with the 319–20 (D. Conn. 2018) (finding incorrect addresses date—to the extent it is incorrect—may be harmless Office’s regulations governing notices. See 42 FR at in a notice to be harmless error and interpreting the error’’). 45919 (citing comments submitted by the Authors 25 requirement to ‘‘reasonably identify’’ the work 37 CFR 201.10(f)(1)(i)(B). League of Am., Inc. and Joint Reply Comments from broadly); Siegel v. Warner Bros. Entm’t, 658 F. 26 See id. at 201.10(e)(1). Recently, courts have the Authors League, National Music Publishers’ Supp. 2d 1036, 1091–95 (C.D. Cal. 2009) (finding held that the omission of certain information from Assoc., Inc., Am. Guild of Authors and Composers, failure to include information about two weeks of the notice may be harmless in particular Columbia Pictures Indus., Inc., MGM, Inc., comics was harmless error given the totality of circumstances. See Waite v. UMG Recordings, Inc., Paramount Pictures Corp., Twentieth Century-Fox information provided in the notice, including a 19–cv–1091, 2020 WL 1530794, at *7–8 (Mar. 31, Film Corp., United Artists Corp., and Warner Bros. ‘‘catch-all’’ clause). 2020) (finding omission of the dates of execution for Inc.). 21 Siegel v. Warner Bros. Entm’t, 690 F. Supp. 2d the relevant grants and listing incorrect dates for the 28 37 CFR 201.10(d)(1), (f)(1)(i)(B). These methods 1048, 1052 (‘‘Siegel II’’); see also Mtume v. Sony agreements governing the grants to be harmless of service remain unchanged since the Office first Music Entm’t, 18 Civ. 6037(ER), 2019 WL 4805925, errors under the general provision because adopted regulations governing notices of at *4 (S.D.N.Y. Sept. 30, 2019) (citing Siegel II and ‘‘defendant has sufficient notice as to which grants termination. See 42 FR at 45920. explaining the competing objectives of the statutory and works plaintiffs seek to terminate’’ and 29 termination provisions). ‘‘possesses the relevant agreements and can discern The Office has adopted a similar approach in 22 37 CFR 201.10(e)(2) (‘‘Without prejudice to the the relevant dates’’); Johansen, 2020 WL 1529442, service of notice of intention to obtain a compulsory general rule provided by paragraph (e)(1) of this at * 6–7 (concluding that the general harmless error license for making and distributing phonorecords section, errors made in giving the date or provision encompasses omission of specific dates of under 17 U.S.C. 115. See 37 CFR 201.18(a)(7), (f)(6) registration number referred to in paragraph execution where ‘‘notices clearly identified the (permitting service by electronic transmission in (b)(1)(iii), (b)(2)(iii), or (b)(2)(iv) of this section, or publication dates of the sound recordings at issue, certain circumstances, including where a party has in complying with the provisions of paragraph as well as their authors, their titles, their copyright consented to accept service by email); see also (b)(1)(vii) or (b)(2)(vii) of this section, or in registration numbers and their effective dates of Mechanical and Digital Phonorecord Delivery describing the precise relationships under termination,’’ such that the ‘‘notices provide Compulsory License, 79 FR 56190, 56197 (Sept. 18, paragraph (c)(2) or (c)(3) of this section, shall not [grantee] with ample information to identify the 2014). affect the validity of the notice if the errors were grants’’). 30 37 CFR 201.1(c)(2).

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D. Identification of a Work Although the rule linking the date of practice has been to allow remitters to Under the current regulations, recordation to the receipt of a complete retain their original date of recordation remitters must clearly identify the title submission has remained essentially after the Office receives sufficient of each work to which the notice of unchanged since implemented in 1977, information to determine that the notice termination applies. Providing a the Office has taken a fresh look at this may be recorded as originally registration number is not required, but requirement and determined that it submitted. The Office believes that this is encouraged ‘‘if possible and should be relaxed to mitigate the harsh practice should be extended to other practicable.’’ 31 To further encourage consequences that can result where a non-material errors, including remitters to identify works in notices by submission is missing certain required specifically to situations in which the registration number, the Office proposes elements. While many types of clerical remitter has failed to provide the amending the regulations to permit filing errors in notice submissions can prescribed fee or the statement of identification of a work by providing: (a) be corrected without prejudice to the service.38 The Office therefore proposes The title, (b) the original copyright grantee, a change to the date of amending the regulations to set the date registration number assigned by the recordation resulting from the of recordation as the date when the Office, or (c) both pieces of information. correction can have severe notice is received by the Office. This approach promotes specificity repercussions for the grantor. For Although this approach would differ when identifying works while still example, if a grantor properly serves a from the method of assigning a date of allowing remitters flexibility in method notice on the grantee but fails to include recordation for other types of of identification. It is also the standard a statement of service in the recordation documents, the Office believes this for how works may be identified in submission to the Office, the grantor distinction is appropriate in light of key documents that are recorded under could correct this oversight by later differences between the recordation of section 205 of the Act.32 It should be submitting the statement of service. notices of termination and the noted, however, that if a work is Under current regulations, however, the recordation of other documents identified only by registration number date of recordation would become the pertaining to copyright. In the context of in a notice and there is an error in the date the statement of service was termination notices, it is a statutory number, the error may materially affect received, not the date the Office first requirement that grantees receive actual the adequacy of the information, which, received the notice. Where the effective notice before a copy of the notice is in turn, may affect the validity of the date of termination has already passed recorded with the Office.39 Because of notice. Accordingly, the Office before the submission is corrected, the this, the availability of the notice in the recommends providing both the title notice would be untimely because the Office’s public records is unnecessary to and registration number where possible. statute requires that notices be recorded ensure that a grantee has adequate before the effective date of notice of the author’s intention to E. Date of Recordation termination.36 In that circumstance, terminate. Indeed, the notice could be Current regulations set the date of assuming at least two years remained in recorded years after the grantee was recordation for a notice of termination the termination window, the grantor served so long as it is received by the as the date when ‘‘all of the elements of would have to amend the notice by Office before the effective date of required for recordation, including the selecting an effective date of termination termination. In contrast, there is no prescribed fee and, if required, the at least two years later, and serve and statutory requirement that parties statement of service’’ are received by the file that amended notice. But if the affected by transfers of ownership or Office.33 This rule harmonizes with the untimely notice was rejected by the other documents recorded under section Office’s method of determining the date Office within the final two years of the 205 receive actual notice.40 Therefore, of recordation for transfers of ownership five-year window, the grantor would be for those types of documents, the and other documents pertaining to unable to choose a different valid constructive notice that is imputed from copyright that are recorded under effective date and would lose the the date of recordation by the Office section 205 of the Act.34 Similarly, opportunity to terminate altogether. may have greater significance for registration applications are assigned an Given these potentially severe affected parties than is the case in the effective date of registration, which is consequences, current Office practice termination context.41 set by statute as ‘‘day on which an permits remitters to address certain non- application, deposit, and fee . . . have material errors or omissions in notices III. Examination Practices for Notices all been received by the Office.’’ 35 submitted for recordation by providing Relating to Multiple Grants information via correspondence with In recent years, the Office began 31 Id. at 201.10(b)(1)(iii), (2)(iv). the Office, rather than requiring receiving notices of termination relating 32 See 17 U.S.C. 205(c) (constructive notice of a remitters to amend, re-serve, and re-file to multiple grants, that is, notices that recorded document attaches if, after being indexed the notice.37 For example, a notice seek to terminate: (a) More than one by the Office, ‘‘the document, or material attached terminating a grant under section 203 to it, . . . would be revealed by a reasonable search grant between the same parties (e.g., one under the title or registration number of the work’’); may indicate that the grant included the grantor seeks to terminate multiple, Copyright Office Fees, 85 FR 9374, 9383–84 (Feb. right of publication, but omit the date of separate grants to the same grantee(s)), 19, 2020) (adjusting fee structure for recordation of publication, in which case the Office or (b) more than one grant relating to the documents, including notices of termination, to would correspond to obtain that date to calculate one ‘‘work’’ as the title, registration same work(s) (e.g., one grantor seeks to number, or both). determine the applicable five-year 33 37 CFR 201.10(f)(3). window. In such instances, Office 38 The proposed change that date of recordation 34 Id. at 201.4(a) (‘‘The date of recordation is no longer be conditioned upon receipt of the when all the elements required for recordation, 36 See id. at 203(a)(4)(A), 304(c)(4)(A). Similarly, prescribed fee is subject to change if the Office including a proper document, fee, and any under the current rule, a remitter could submit an experiences administrative hardship from remitters additional required information, are received in the otherwise timely and materially adequate notice for withholding fees until requested or otherwise Copyright Office.’’). As originally implemented, the recordation, but with the improper fee. If not delaying payment in a way that affects the Office’s Office only required the ‘‘proper document’’ and fee corrected until after the effective date of receivables. be received by the Office. See 43 FR 771, 772 (Jan. termination, the submission would be untimely. 39 See 17 U.S.C. 203(a)(4)(A), 304(c)(4)(A). 4, 1978). 37 Cf. 37 CFR 201.10(e) (providing exceptions for 40 See id. at 205. 35 17 U.S.C. 410(d). harmless errors). 41 See id. at 205(c).

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terminate separate grants to multiple and index each grant in separate instances, third-party agents have failed grantees for the same work(s)). The records. Using that information, the to comply with the statutory and Office has not previously provided Office can reach an informed decision regulatory requirements for recordation. guidance about recording notices that about whether or not to adopt any If third-party agents do not timely pertain to multiple grants. And in some additional fee for notices involving communicate problems with cases, the Office has declined to record multiple grants. recordation of notices to their clients, such notices, requiring that notices IV. Additional Subjects of Inquiry authors’ termination rights may be pertain to a single grant. To promote jeopardized or extinguished altogether, consistency and dispel confusion about In addition to the foregoing proposed depending on when these issues occur whether remitters may record notices regulatory changes and clarification of and are discovered relative to the five- pertaining to multiple grants, the Office examination practices, the Office year termination window. takes this opportunity to clarify its solicits public comment on the The Office seeks public comment on practices. following additional topics related to whether these concerns could be After taking a fresh look at the issue, notices of termination. addressed through regulatory updates, the Office concludes that there is A. Sample Form or Template for Notices and if so, what specific changes should nothing in the statute or current of Termination be considered. In addressing this issue, regulations barring notices covering commenters should be mindful that the 42 The Office currently does not provide multiple grants. Accordingly, notices Office is generally seeking to make with multiple grants will generally be forms for use in preparing and serving notices of termination.43 Previously, in compliance with its regulations and recorded as a matter of convenience for practices less onerous and more flexible authors seeking to reclaim their rights. a 2002 notice of proposed rulemaking, the Office sought public comment on for remitters, and to increase efficiency The Office, however, will not record in the recordation process. Commenters notices involving multiple grants where ‘‘whether the Office should provide official forms for notices of termination should consider whether imposing there is no overlap of either a grantee or additional requirements to protect a work across the various grants. In of transfers and licenses under sections 203, 304(c) and 304(d), and whether the against errors or abuses by third-party other words, a grantor may not use one agents is compatible with those goals. notice to terminate multiple grants use of such forms should be made mandatory.’’ 44 In the notice, the Office Likewise, commenters may consider the where each grant involves a different effect of any proposed change on the work and different grantee(s). Notices cited the potential benefits of facilitating Office processing of notices and ability of authors to engage agents to structured in this way would likely be limit the disclosure of personally administratively burdensome for the promoting compliance with statutory 45 identifiable information in the public Office to examine and process because and regulatory requirements. No record. they would effectively merge multiple comments were received, and notices into one document. The current provisions relating to forms were not IV. Conclusion fee charged for recording a notice of included in the final rule.46 In furtherance of the Office’s termination is based upon the staff In light of its IT modernization efforts, modernization efforts, the proposed resources required to examine and the Office again invites public comment amendments will facilitate recordation index a single notice. While on whether it would be beneficial for of notices of termination by easing examination of a notice relating to the Office to develop an optional sample compliance with requirements multiple grants may require greater form or other template for notices of established by the Office. The Office resources than examination of a single termination, such as an online notice invites public comment on this proposal grant, the Office expects the additional builder. The Office also invites and on the subjects of inquiry discussed burden to typically be limited where the comment on any specific features that grants contain commonalities either as should be included in such an option. above. to the grantees or the works. By contrast, These comments will be considered in List of Subjects in 37 CFR Part 201 recording notices containing wholly future phases of recordation unrelated multiple grants would likely development and may also be used in Copyright, General provisions. demand more significant additional developing updated guidance Proposed Regulations resources and, consequently, decrease documents for the public unconnected overall processing efficiency. to IT systems, including circulars, the For the reasons set forth in the Accordingly, at this time, no Compendium of U.S. Copyright Office preamble, the Copyright Office proposes additional fee will be charged for Practices, and online instructional amending 37 CFR part 201 as follows: materials. processing notices relating to multiple PART 201—GENERAL PROVISIONS grants. The Office intends to track the B. Third-Party Agents volume of notices with multiple grants As is true of many types of filings ■ 1. The authority citation for part 201 that are submitted, how many grants are continues to read as follows: included per notice, and how much with the Copyright Office, authors longer these notices take to process, to sometimes entrust third-party agents to Authority: 17 U.S.C. 702. create, serve, and file notices of determine whether processing time has § 201.10 [Amended] increased due to the need to examine termination on their behalf. Although notices filed by third-party agents are ■ 2. Amend § 201.10 as follows: ■ 42 Notably, section 203(b) states that ‘‘[u]pon the generally recorded without incident, the a. In paragraph (b)(1)(iii): effective date of termination, all rights under this Office understands that, in some ■ i. Remove ‘‘and, if possible and title that were covered by the terminated grants practicable, the original copyright revert . . . .’’ The references to the ‘‘effective date’’ 43 See 37 CFR 201.10(a). in the singular and ‘‘grants’’ in the plural could be registration number;’’ 44 read to implicitly anticipate multiple grants in a Notice of Termination, 67 FR 77951, 77953 ■ ii. Add ‘‘or the original copyright (Dec. 20, 2002). single notice. But given that the rest of section 203, registration number, or both, if possible and all of sections 304(c) and (d), refer to a ‘‘grant’’ 45 Id. in the singular, this one pluralization seems far 46 Notice of Termination, 68 FR 16958, 16959 and practicable,’’ after ‘‘The title’’; from definitive. (Apr. 8, 2003). ■ b. In paragraph (b)(2)(iv):

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■ i. Remove ‘‘and, if possible and Acquisition Regulation (FAR) to CFR 125.3(d)(3) to provide guidance on practicable, the original copyright implement a section of the National evaluating whether the prime contractor registration number;’’ Defense Authorization Act for Fiscal made a good faith effort to comply with ■ ii. Add ‘‘or the original copyright Year 2017, which requires examples of its small business subcontracting plan registration number’’ after ‘‘the title’’; failure to make good faith efforts to and a list of examples of activities ■ iii. Add ‘‘, or both, if possible and comply with a small business reflective of a failure to make a good practicable,’’ after ‘‘the work’’; subcontracting plan. faith effort. ■ c. In paragraph (d), add ‘‘or by DATES: Interested parties should submit Additionally, SBA revised 13 CFR reputable courier service delivered’’ written comments at the address shown 125.3(c)(1)(iv) to require that prime after ‘‘by first class mail sent’’ and add below on or before August 3, 2020 to be contractors with commercial ‘‘, or by means of electronic considered in the formation of the final subcontracting plans include indirect transmission (such as email) if the rule. costs in their subcontracting goals. grantee expressly consents to accept ADDRESSES: Submit comments in Other than small business concerns that service in this manner’’ after ‘‘grantee or response to FAR Case 2019–004 to have a commercial subcontracting plan successor in title’’. https://www.regulations.gov. Submit report on performance through a ■ d. In paragraph (e)(1), add ‘‘preparing, comments via the Federal eRulemaking summary subcontract report (SSR). serving, or seeking to record’’ after portal by searching for ‘‘FAR Case 2019– SBA’s regulations currently require that ‘‘Harmless errors in’’ and add ‘‘or that 004’’. Select the link ‘‘Comment Now’’ contractors using a commercial do not materially affect, in the Office’s that corresponds with FAR Case 2019– subcontracting plan must include discretion, the Office’s ability to record 004. Follow the instructions provided at indirect costs in their SSRs, but do not the notice’’ after ‘‘whichever applies,’’; require these contractors to include ■ the ‘‘Comment Now’’ screen. Please e. In paragraph (e)(2), remove ‘‘or include your name, company name (if indirect costs in their subcontracting registration number’’; any), and ‘‘FAR Case 2019–004’’ on your goals, which leads to inconsistencies ■ f. In paragraph (f)(1)(ii)(A), remove attached document. If your comment when comparing the data reported in ‘‘will’’ from the first sentence and add cannot be submitted using https:// the SSR to the goals in the commercial in its place ‘‘may’’, remove ‘‘will’’ from www.regulations.gov, call or email the subcontracting plan. the second sentence and add in its place Small business subcontracting plans points of contact in the FOR FURTHER ‘‘may’’, and add ‘‘on or’’ after ‘‘the date are required from large prime INFORMATION CONTACT section of this of recordation is’’; and contractors when a contract is expected ■ document for alternate instructions. g. In paragraph (f)(3), remove ‘‘all of Instructions: Please submit comments to exceed $700,000 ($1.5 million for the elements required for recordation, only and cite FAR Case 2019–004 in all construction) and has subcontracting including the prescribed fee and, if correspondence related to this case. possibilities. FAR 19.704 lists the required, the statement of service, have Comments received generally will be elements of the plan, which include the been’’ and add in its place ‘‘the notice posted without change to https:// contractor’s goals for subcontracting to of termination is’’. www.regulations.gov, including any small business concerns and a Dated: June 1, 2020. personal and/or business confidential description of the efforts the contractor Regan A. Smith, information provided. To confirm will make to ensure that small business, veteran-owned small business, service- General Counsel and Associate Register of receipt of your comment(s), please Copyrights. check https://www.regulations.gov, disabled veteran-owned small business, HUBZone small business, small [FR Doc. 2020–12038 Filed 6–2–20; 8:45 am] approximately two to three days after submission to verify posting. disadvantaged business, and women- BILLING CODE 1410–30–P owned small business concerns have an FOR FURTHER INFORMATION CONTACT: Ms. equitable opportunity to compete for Malissa Jones, Procurement Analyst, at subcontracts. Failure to make a good (703)605–2815, or by email at DEPARTMENT OF DEFENSE faith effort to comply with the plan may [email protected], for clarification result in the assessment of liquidated GENERAL SERVICES of content. For information pertaining to damages per FAR 52.219–16, Liquidated ADMINISTRATION status or publication schedules, contact Damages—Subcontracting Plan. the Regulatory Secretariat Division at NATIONAL AERONAUTICS AND 202–501–4755 or [email protected]. II. Discussion and Analysis SPACE ADMINISTRATION Please cite FAR Case 2019–004. The proposed changes to the FAR are SUPPLEMENTARY INFORMATION: summarized in the following 48 CFR Parts 19, 42, and 52 I. Background paragraphs. [FAR Case 2019–004, Docket No. FAR– A. Inclusion of Indirect Costs in 2019–0030, Sequence No. 1] DoD, GSA, and NASA are proposing to amend the FAR to implement section Commercial Plans RIN 9000–AN87 1821 of the National Defense Section 19.704, Subcontracting plan Authorization Act (NDAA) for Fiscal Federal Acquisition Regulation: Good requirements, and the clause at 52.219– Year (FY) 2017 (15 U.S.C 637 note, Pub. 9, Small Business Subcontracting Plan, Faith in Small Business L. 114–328). Section 1821 requires the Subcontracting are amended to require that all indirect Small Business Administration (SBA) to costs, with certain exceptions, are AGENCY: Department of Defense (DoD), amend its regulations to provide included in commercial plans and SSRs. General Services Administration (GSA), examples of activities that would be B. Compliance With the Subcontracting and National Aeronautics and Space considered a failure to make a good faith Plan Administration (NASA). effort to comply with a small business ACTION: Proposed rule. subcontracting plan. SBA issued a rule Section 19.705–7, Liquidated at 84 FR 65647, November 29, 2019, to damages, is renamed ‘‘Compliance with SUMMARY: DoD, GSA, and NASA are implement section 1821 of the NDAA the subcontracting plan’’ and is proposing to amend the Federal for FY 2017. In its rule, SBA amends 13 reorganized, with paragraph headings

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added to make this section easier to read for FY 2017 and SBA’s implementing rule did not exempt the acquisition of and understand. This section includes regulations. Section 1821 requires SBA COTS items. examples of a good faith effort, and to provide examples of activities that Section 1821 furthers the examples of a failure to make a good would be considered a failure to make Administration’s goal of supporting faith effort to comply with the a good faith effort to comply with a small business. It advances the interests subcontracting plan, including SBA’s small business subcontracting plan. of small business subcontractors by examples at 13 CFR 125.3(d). References Both the FAR and SBA’s regulations promoting good faith efforts by large to the examples in 19.705–7 are added require contractors with small business prime contractors to find and use small in other sections in subparts 19.7 and subcontracting plans, including business concerns as subcontractors, 42.15. A reference to SBA’s examples at commercial plans, to make a good faith thereby providing valuable 13 CFR 125.3(d), now located at FAR effort to comply with the plans. SBA’s opportunities for small business 19.705–7, is added in the clause at rule did not exempt the acquisition of concerns. 52.219–16. commercial items. For these reasons, it is in the best III. Applicability to Contracts at or Section 1821 furthers the interest of the Federal Government to Below the Simplified Acquisition Administration’s goal of supporting apply the requirements of this rule to Threshold (SAT) and for Commercial small business. It advances the interests the acquisition of COTS items. of small business subcontractors by Items, Including Commercially IV. Executive Orders 12866 and 13563 Available Off-the-Shelf (COTS) Items promoting good faith efforts by large prime contractors to find and use small Executive Orders (E.O.s) 12866 and This rule proposes to implement a business concerns as subcontractors, 13563 direct agencies to assess all costs statutory requirement to provide thereby providing valuable and benefits of available regulatory examples of activities that would be opportunities for small business alternatives and, if regulation is considered a failure to make a good faith concerns. necessary, to select regulatory effort to comply with a small business approaches that maximize net benefits subcontracting plan. Because section For these reasons, it is in the best (including potential economic, 8(d) of the Small Business Act (15 interest of the Federal Government to environmental, public health and safety U.S.C. 637(d)) requires subcontracting apply the requirements of this rule to effects, distributive impacts, and plans only for acquisitions valued above the acquisition of commercial items. equity). E.O. 13563 emphasizes the $700,000 ($1.5 million for construction B. Applicability to Contracts for the importance of quantifying both costs contracts), the requirements of section Acquisition of COTS Items and benefits, of reducing costs, of 1821 of the NDAA for FY 2017 (15 harmonizing rules, and of promoting U.S.C 637 note, Pub. L. 114–328) would Pursuant to 41 U.S.C. 1907, not apply to contracts at or below the acquisitions of COTS items will be flexibility. This is not a significant SAT. The FAR Council intends to apply exempt from a provision of law unless regulatory action and, therefore, was not the requirements of section 1821 to the law (i) contains criminal or civil subject to review under Section 6(b) of contracts for the acquisition of penalties; (ii) specifically refers to 41 E.O. 12866, Regulatory Planning and commercial items. Revisions to the U.S.C. 1907 and states that the law Review, dated September 30, 1993. This clauses at FAR 52.219–9 and 52.219–16 applies to acquisitions of COTS items; rule is not a major rule under 5 U.S.C. are proposed by this rule. Discussion of (iii) concerns authorities or 804. these preliminary determinations is set responsibilities under the Small V. Executive Order 13771 forth below. The FAR Council will Business Act (15 U.S.C. 644) or bid This proposed rule is not expected to consider public feedback before making protest procedures developed under the be subject to E.O. 13771, Reducing a final determination on the scope of the authority of 31 U.S.C. 3551 et seq., 10 Regulation and controlling Regulatory final rule. U.S.C. 2305(e) and (f), or 41 U.S.C. 3706 and 3707; or (iv) the Administrator for Costs, because this rule is not a A. Applicability to Contracts for the Federal Procurement Policy makes a significant regulatory action under E.O. Acquisition of Commercial Items written determination and finding that 12866. Pursuant to 41 U.S.C. 1906, it would not be in the best interest of the VI. Regulatory Flexibility Act acquisitions of commercial items (other Federal Government to exempt contracts than acquisitions of COTS items, which for the procurement of COTS items from DoD, GSA, and NASA do not expect are addressed in 41 U.S.C. 1907) are the provision of law. If none of these this proposed rule to have a significant exempt from a provision of law unless conditions are met, the FAR is required economic impact on a substantial the law (i) contains criminal or civil to include the statutory requirement(s) number of small entities within the penalties; (ii) specifically refers to 41 on a list of provisions of law that are meaning of the Regulatory Flexibility U.S.C. 1906 and states that the law inapplicable to the acquisition of COTS Act, 5 U.S.C. 601, et seq. However, an applies to acquisitions of commercial items. initial regulatory flexibility analysis items; or (iii) the FAR Council makes a The purpose of this rule is to (IRFA) has been performed and is written determination and finding that implement section 1821 of the NDAA summarized as follows: it would not be in the best interest of the for FY 2017 and SBA’s implementing DoD, GSA, and NASA are proposing to Federal Government to exempt contracts regulations. Section 1821 requires SBA amend the FAR to implement section 1821 of for the procurement of commercial to provide examples of activities that the NDAA for FY 2017 (Pub. L. 114–328). items from the provision of law. If none would be considered a failure to make Section 1821 amends the Small Business Act of these conditions are met, the FAR is a good faith effort to comply with a (15 U.S.C 637 note), to require SBA to small business subcontracting plan. provide examples of activities that would be required to include the statutory considered a failure to make a good faith requirement(s) on a list of provisions of Both the FAR and SBA’s regulations effort to comply with the goals and other law that are inapplicable to the require contractors with small business elements in small business subcontracting acquisition of commercial items. subcontracting plans, including plans. Additionally, SBA clarified in its The purpose of this rule is to commercial plans, to make a good faith regulations that large prime contractors with implement section 1821 of the NDAA effort to comply with the plans. SBA’s commercial subcontracting plans must

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include indirect costs in the commercial concerns, providing more opportunities for ■ b. Revising the introductory text of subcontracting plan goals. subcontract awards to small business paragraph (d); and The objective of this proposed rule is to concerns. ■ c. Removing from paragraph (d)(4) implement section 1821 of the NDAA for FY This proposed rule does not include any ‘‘one SSR’’ and adding ‘‘one SSR that 2017 and SBA’s implementing regulations, new reporting, recordkeeping or other includes all indirect costs, except as which provide examples of activities that compliance requirements for small entities. would be considered a failure to make a good This proposed rule does not duplicate, described in paragraph (d) of this faith effort to comply with a small business overlap, or conflict with any other Federal section,’’ in its place. subcontracting plan. SBA has amended 13 rules. The revision reads as follows: CFR 125.3(d)(3) to provide guidance on There are no known significant alternative 19.704 Subcontracting plan requirements. evaluating whether the prime contractor approaches that would accomplish the stated made a good faith effort to comply with its objectives of the applicable statute. * * * * * small business subcontracting plan and a list (d) A commercial plan (as defined in of examples of activities reflective of a failure The Regulatory Secretariat Division 19.701) is the preferred type of to make a good faith effort. has submitted a copy of the IRFA to the subcontracting plan for contractors Additionally, SBA has revised 13 CFR Chief Counsel for Advocacy of the SBA. furnishing commercial items. The 125.3(c)(1)(iv) to require that large prime A copy of the IRFA may be obtained contractors with commercial subcontracting subcontracting goals established for a from the Regulatory Secretariat commercial plan shall include all plans include indirect costs in the Division. DoD, GSA, and NASA invite commercial subcontracting plan goals. Large indirect costs with the exception of prime contractors that have a commercial comments from small business concerns those such as the following: Employee subcontracting plan report on performance and other interested parties on the salaries and benefits; payments for petty through a SSR in the Electronic expected impact of this rule on small cash; depreciation; interest; income Subcontracting Reporting System (eSRS). entities. taxes; property taxes; lease payments; SBA’s regulations and the FAR currently DoD, GSA, and NASA will also bank fees; fines, claims, and dues; require that a contractor using a commercial consider comments from small entities original equipment manufacturer subcontracting plan include indirect costs in concerning the existing regulations in its SSR. However, these regulations do not relationships during warranty periods subparts affected by this rule in (negotiated up front with the product); require contractors to include indirect costs accordance with 5 U.S.C. 610. Interested in their commercial subcontracting plan utilities and other services purchased goals, which leads to inconsistencies when parties must submit comments from a municipality or an entity solely comparing the data reported in the SSR to the separately and should cite 5 U.S.C. 610 authorized by the municipality to goals in the commercial subcontracting plan. (FAR case 2019–004) in provide those services in a particular This rule may have a positive economic correspondence. geographical region; and philanthropic impact on any small business entity that VII. Paperwork Reduction Act contributions. Once a contractor’s wishes to participate in Federal procurement commercial plan has been approved, the as a subcontractor. By providing examples of The Paperwork Reduction Act (44 a failure to make a good faith effort to comply Government shall not require another U.S.C. chapter 35) applies to this rule; subcontracting plan from the same with small business subcontracting plans, however, these changes to the FAR do contracting officers can determine more contractor while the plan remains in easily whether large prime contractors have not impose additional information effect, as long as the product or service made a good faith effort to comply with their collection requirements to the being provided by the contractor subcontracting plans and hold large prime paperwork burden previously approved continues to meet the definition of a contractors accountable for failing to make a under OMB Control Number 9000–0007, commercial item. The contractor shall— good faith effort to comply with their Subcontracting Plans. subcontracting plans. More diligence in * * * * * List of Subjects in 48 CFR Parts 19, 42, developing and meeting subcontracting goals 19.705–4 [Amended] on the part of large prime contractors could and 52 ■ 3. Amend section 19.705–4 by have a positive impact of giving small Government procurement. business concerns more opportunity to removing from paragraph (c), in the subcontract on Federal contracts. Data from William F. Clark, fourth sentence, ‘‘faith effort’’ and the Federal Procurement Data System Director, Office of Government-Wide adding ‘‘faith effort (see 19.705–7)’’. ■ indicate that in FY 2018 there were 2,397 Acquisition Policy, Office of Acquisition 4. Amend section 19.705–6 by entities with 15,758 awards that required Policy, Office of Government-Wide Policy. revising paragraphs (g)(1), (h), and (i) to small business subcontracting plans. read as follows: According to the Federal Funding Therefore, for the reasons listed in the Accountability and Transparency Act preamble, DoD, GSA, and NASA are 19.705–6 Postaward responsibilities of the Subaward Reporting System (FSRS), there are proposing to amend 48 CFR parts 19, 42, contracting officer. 19,596 unique entities who are and 52 to read as follows: * * * * * subcontractors. Approximately 80 percent of (g) * * * the entities registered in the System for ■ 1. The authority citation for 48 CFR parts 19, 42, and 52 continues to read (1) Assess whether the prime Award Management are small entities. contractor made a good faith effort to Therefore, we estimate that 80 percent as follows: (15,677) of the subcontractors in FSRS are comply with its small business Authority: 40 U.S.C. 121(c); 10 U.S.C. subcontracting plan. See 19.705–7(b) for small entities. These small entities may chapter 137; and 51 U.S.C. 20113. benefit from this rule. more information on the determination This proposed rule will require a large PART 19—SMALL BUSINESS of good faith effort. prime contractor with a commercial PROGRAMS * * * * * subcontracting plan to include indirect costs (h) Initiate action to assess liquidated in its subcontracting goals. The benefit of ■ 2. Amend section 19.704 by— damages in accordance with 19.705–7 requiring that indirect costs be included in ■ subcontracting goals in commercial a. Removing from paragraph (a)(6) upon a recommendation by the subcontracting plans is that it will increase ‘‘subcontracting goals’’ and adding administrative contracting officer, if one the small business subcontracting goal and ‘‘subcontracting goals (for commercial is assigned, or receipt of other reliable thus increase the amount of funds the prime plans, see paragraph (d) of this section)’’ evidence to indicate that assessing contractor will subcontract to small business in its place; liquidated damages is warranted.

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(i) Take action to enforce the terms of sufficient time to submit a timely offer (v) Adoption of company policies or the contract upon receipt of a notice for the subcontract. documented procedures that have as from the contract administration office (iv) Providing interested small their objectives the frustration of the under 19.706(f). businesses with adequate and timely objectives of the plan. * * * * * information about plans, specifications, (vi) Failure to pay small business ■ 5. Amend section 19.705–7 by— and requirements for performance of the subcontractors in accordance with the ■ a. Revising the section heading; prime contract to assist them in terms of the contract with the prime ■ b. Adding a paragraph heading to submitting a timely offer for the contractor; (vii) Failure to correct substantiated paragraph (a); subcontract. ■ (v) Negotiating in good faith with findings from Federal subcontracting c. Removing from paragraph (a) compliance reviews or participate in ‘‘small disadvantaged business’’ and interested small businesses. (vi) Directing small businesses that subcontracting plan management adding ‘‘small disadvantaged business,’’ need additional assistance to SBA. training offered by the Government; in its place; (vii) Assisting interested small (viii) Failure to provide the ■ d. Revising paragraphs (b), (c), (d), and businesses in obtaining bonding, lines contracting officer with a written (e); of credit, required insurance, necessary explanation if the contractor fails to ■ e. Adding a paragraph heading to the equipment, supplies, materials, or acquire articles, equipment, supplies, introductory text of paragraph (f); services. services, or materials or obtain the ■ f. Removing paragraph (g); and (viii) Utilizing the available services performance of construction work as ■ g. Redesignating paragraph (h) as of small business associations; local, described in 19.704(a)(12). paragraph (f)(5). state, and Federal small business (ix) Falsifying records of subcontract The revisions and additions read as assistance offices; and other awards to small business concerns. follows: organizations. (c) Documentation of good faith effort. (ix) Participating in a formal mentor- If, at completion of the basic contract or 19.705–7 Compliance with the any option, or in the case of a subcontracting plan. prote´ge´ program with one or more small-business prote´ge´s that results in commercial plan, at the close of the (a) General. *** developmental assistance to the fiscal year for which the plan is (b) Determination of good faith effort. prote´ge´s. applicable, a contractor has failed to (1) In determining whether a contractor (x) Although failing to meet the comply with the requirements of its failed to make a good faith effort to subcontracting goal in one subcontracting plan, which includes comply with its subcontracting plan, a socioeconomic category, exceeding the meeting its subcontracting goals, the contracting officer must look to the goal by an equal or greater amount in contracting officer shall review all totality of the contractor’s actions, one or more of the other categories. available information for an indication consistent with the information and (xi) Fulfilling all of the requirements that the contractor has not made a good assurances provided in its plan. The fact of the subcontracting plan. faith effort to comply with the plan. If that the contractor failed to meet its (2) When considered in the context of no such indication is found, the subcontracting goals does not, in and of the contractor’s total effort in contracting officer shall document the itself, constitute a failure to make a good accordance with its plan, the file accordingly. faith effort (see 19.701). For example, contracting officer may consider any of (d) Notice of failure to make a good notwithstanding a contractor’s diligent the following, though not all inclusive, faith effort. If the contracting officer effort to identify and solicit offers from to be indicators of a failure to make a decides in accordance with paragraph any of the small business, veteran- good faith effort: (b) of this section that the contractor owned small business, service-disabled (i) Failure to attempt through market failed to make a good faith effort to veteran-owned small business, research to identify, contact, solicit, or comply with its subcontracting plan, the HUBZone small business, small consider for contract award small contracting officer shall give the disadvantaged business, and women- business, veteran-owned small business, contractor written notice in accordance owned small business concerns, factors service-disabled veteran-owned small with 52.219–16, Liquidated Damages— such as unavailability of anticipated business, HUBZone small business, Subcontracting Plan, specifying the sources or unreasonable prices may small disadvantaged business, or material breach, which may be included frustrate achievement of the contractor’s women-owned small business concerns, in the contractor’s past performance subcontracting goals. The contracting through all reasonable means including information, advising the contractor of officer may consider any of the outreach, industry days, or the use of the possibility that the contractor may following, though not all inclusive, to be Federal systems such as SBA’s Dynamic have to pay to the Government indicators of a good faith effort: Small Business Search or SUBNet liquidated damages, and providing a (i) Breaking out work to be systems. period of 15 working days (or longer subcontracted into economically (ii) Failure to designate and maintain period as necessary) within which to feasible units, as appropriate, to a company official to administer the respond. The notice shall give the facilitate small business participation. subcontracting program and monitor contractor an opportunity to (ii) Conducting market research to and enforce compliance with the plan. demonstrate what good faith efforts identify potential small business (iii) Failure to submit an acceptable have been made before the contracting subcontractors through all reasonable ISR, or the SSR, using the eSRS, or as officer issues the final decision, and means, such as searching SAM, posting provided in agency regulations, by the shall further state that failure of the notices or solicitations on SBA’s report due dates specified in 52.219–9, contractor to respond may be taken as SUBNet, participating in business Small Business Subcontracting Plan. an admission that no valid explanation matchmaking events, and attending (iv) Failure to maintain records or exists. preproposal conferences. otherwise demonstrate procedures (e) Payment of liquidated damages. (iii) Soliciting small business adopted to comply with the plan (1) If, after consideration of all the concerns as early in the acquisition including subcontracting flowdown pertinent data, the contracting officer process as practicable to allow them requirements. finds that the contractor failed to make

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a good faith effort to comply with its PART 52—SOLICITATION PROVISIONS those such as the following: Employee subcontracting plan, the contracting AND CONTRACT CLAUSES salaries and benefits; payments for petty officer shall issue a final decision to the cash; depreciation; interest; income taxes; ■ contractor to that effect and require the 8. Amend section 52.212–5 by property taxes; lease payments; bank fees; revising the date of the clause and fines, claims, and dues; original equipment payment of liquidated damages in an manufacturer relationships during warranty amount stated. The contracting officer’s paragraphs (b)(17)(i), (b)(17)(v), and (b)(20) to read as follows: periods (negotiated up front with the final decision shall state that the product); utilities and other services contractor has the right to appeal under 52.212–5 Contract Terms and Conditions purchased from a municipality or an entity the clause in the contract entitled Required To Implement Statutes or solely authorized by the municipality to Disputes. Calculations and procedures Executive Orders—Commercial Items. provide those services in a particular shall be in accordance with 52.219–16, * * * * * geographical region; and philanthropic Liquidated Damages—Subcontracting contributions. * * * Plan. Contract Terms and Conditions Required To * * * * * Implement Statutes or Executive Orders— Alternate IV (DATE). * * * (2) The amount of damages Commercial Items (DATE) attributable to the contractor’s failure to (d) * * * * * * * * (2) * * * comply shall be an amount equal to the (b) * * * (i) Total dollars planned to be actual dollar amount by which the __(17)(i) 52.219–9, Small Business subcontracted for an individual contractor failed to achieve each Subcontracting Plan (DATE) (15 U.S.C. subcontracting plan; or the Offeror’s total subcontracting goal. For calculations for 637(d)(4)). projected sales, expressed in dollars, and the commercial plans see paragraph (f) of * * * * * total value of projected subcontracts to this section. __(v) Alternate IV (DATE) of 52.219–9. support the sales for a commercial plan, (3) Liquidated damages shall be in including all indirect costs, with the * * * * * exception of those such as the following: addition to any other remedies that the __ (20) 52.219–16, Liquidated Damages— Employee salaries and benefits; payments for Government may have. Subcontracting Plan (DATE) (15 U.S.C. petty cash; depreciation; interest; income (f) Commercial plans. *** 637(d)(4)(F)(i)). taxes; property taxes; lease payments; bank * * * * * fees; fines, claims, and dues; original 19.706 [Amended] ■ 9. Amend section 52.219–9 by— equipment manufacturer relationships during ■ 6. Amend section 19.706 by removing ■ a. Revising the date of the clause; warranty periods (negotiated up front with from paragraph (f) ‘‘subcontracting ■ b. Removing from paragraph (d)(2)(i) the product); utilities and other services plan’’ and adding ‘‘subcontracting plan ‘‘subcontracts’’ and adding purchased from a municipality or an entity (see 19.705–7(b) for more information ‘‘subcontracts, including all indirect solely authorized by the municipality to provide those services in a particular on the determination of good faith costs except as described in paragraph geographical region; and philanthropic effort)’’. (g) of this clause,’’ in its place; contributions; ■ c. Adding a new fifth sentence to PART 42—CONTRACT * * * * * paragraph (g); ■ ADMINISTRATION AND AUDIT ■ d. Amending alternate IV by revising 10. Amend 52.219–16 by revising the SERVICES the date of the clause and paragraph date of the clause and removing from (d)(2)(i). paragraph (b) ‘‘plan, established’’ and ■ 7. Amend section 42.1501 by The revisions and additions read as adding ‘‘plan (see 19.705–7), redesignating paragraphs (a)(5) thru follows: established’’ in its place. (a)(7) as paragraphs (a)(6) thru (a)(8) and The revision reads as follows: adding new paragraph (a)(5) to read as 52.219–9 Small Business Subcontracting follows: Plan. 52.219–16 Liquidated Damages— Subcontracting Plan. * * * * * 42.1501 General. * * * * * Small Business Subcontracting Plan (DATE) (a) * * * Liquidated Damages—Subcontracting Plan (5) Complying with the requirements * * * * * (DATE) (g) * * * A Contractor authorized to use a of the small business subcontracting commercial subcontracting plan shall * * * * * plan (see 19.705–7(b)); include in its subcontracting goals and in its [FR Doc. 2020–10511 Filed 6–2–20; 8:45 am] * * * * * SSR all indirect costs, with the exception of BILLING CODE 6820–EP–P

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Notices Federal Register Vol. 85, No. 107

Wednesday, June 3, 2020

This section of the FEDERAL REGISTER AMS evaluated each application In Minnesota contains documents other than rules or against the designation criteria in proposed rules that are applicable to the Faribault, Freeborn, and Mower section 7(f) of the USGSA (7 U.S.C. Counties. public. Notices of hearings and investigations, 79(f)) and determined that Schaal and committee meetings, agency decisions and NCDA are qualified to provide official In New Jersey rulings, delegations of authority, filing of petitions and applications and agency services in the geographic area specified The entire State. statements of organization and functions are in the Federal Register on June 25, examples of documents appearing in this 2019. As such, the Federal Grain In New York section. Inspection Service (FGIS) has The entire State, except those export designated Schaal and NCDA to provide port locations, which are serviced by official services in the specified areas of FGIS. DEPARTMENT OF AGRICULTURE South Carolina, effective January 1, 2020, to September 30, 2021. Because In South Carolina Agricultural Marketing Service Schaal and NCDA only requested, in Abbeville, Aiken, Allendale, their application, to service a total of Anderson, Bamberg, Barnwell, Beaufort, [Doc. No. AMS–FGIS–20–0010] twenty counties in South Carolina, Berkeley, Calhoun, Charleston, twenty-six counties remained Clarendon, Colleton, Dorchester, Designation for the South Carolina unassigned. In order to provide official Edgefield, Fairfield, Georgetown, Area services to customers throughout the Greenwood, Hampton, Jasper, Laurens, entire state of South Carolina, FGIS has AGENCY: Agricultural Marketing Service, Lexington, McCormick, Newberry, arranged for Schaal and NCDA to Oconee, Orangeburg, Richland, Saluda, USDA. provide official services for those ACTION: Notice. Sumter, and Williamsburg Counties. counties. Because SCDA withdrew its The following grain elevators are not application to provide official services, SUMMARY: The Agricultural Marketing part of this geographic area assignment this designation has a retroactive Service (AMS) is announcing the and are assigned to Sioux City effective date as of January 1, 2020. Inspection and Weighing Service designations of D.R. Schaal Agency, Inc. Schaal’s geographic area is amended Company: Agvantage F.S., Chapin, (Schaal) and the North Carolina effective January 1, 2020, as follows: Department of Agriculture and Pursuant to Section 7(f)(2) of the Franklin County and Five Star Coop, Consumer Services (NCDA) to provide USGSA, the following geographic area, Rockwell, Cerro Gordo County, Iowa; official services under the United States in the states of Georgia, Iowa, Maxyield Coop, Algona, Kossuth Grain Standards Act (USGSA), as Minnesota, New Jersey, New York, and County; Stateline Coop, Burt, Kossuth amended. South Carolina, is assigned to this County; Gold-Eagle, Goldfield, Wright County; and North Central Coop, DATES: January 1, 2020. official agency: Holmes, Wright County, Iowa. FOR FURTHER INFORMATION CONTACT: In Georgia The designation to provide official Jacob Thein, (816) 866–2223 or The entire State. services in the specified area by Schaal [email protected]. remains effective from October 1, 2016, Read Applications: If you would like In Iowa to September 30, 2021. to view the applications, please contact Bound on the north by the northern NCDA’s geographic area is amended us at [email protected]. Kossuth County line from U.S. Route effective January 1, 2020, as follows: SUPPLEMENTARY INFORMATION: In the June 169; the northern Winnebago, Worth, Pursuant to Section 7(f)(2) of the 25, 2019, Federal Register (84 FR and Mitchell County lines; bound on the USGSA, the following geographic area, 29839), AMS requested applications for east by the eastern Mitchell County line; in the states of North Carolina and designation to provide official services the eastern Floyd County line south to South Carolina, is assigned to this in the South Carolina area. Applications B60; B60 west to T64; T64 south to State official agency. were due by July 25, 2019. Route 188; State Route 188 south to C33; The official agencies, South Carolina bound on the south by C33 west to T47; In North Carolina Department of Agriculture (SCDA), T47 north to C23; C23 west to S56; S56 The entire State. Schaal, and NCDA, applied for south to C25; C25 west to U.S. Route 65; designation to provide official services U.S. Route 65 south to State Route 3; In South Carolina in the South Carolina area. SCDA State Route 3 west to S41; S41 south to Cherokee, Chester, Chesterfield, applied for the entire state of South C55; C55 west to Interstate 35; Interstate Darlington, Dillon, Florence, Greenville, Carolina; however, withdrew its 35 southwest to the southern Wright Horry, Kershaw, Lancaster, Lee, Marion, application on December 11, 2019. County line; the southern Wright Marlboro, Pickens, Spartanburg, Union, Schaal applied for Aiken, Allendale, County line west to U.S. Route 69; U.S. and York Counties. Bamberg, Barnwell, Beaufort, Route 69 north to C54; C54 west to State The designation to provide official Charleston, Colleton, Edgefield, Route 17; and bound on the west by services in the specified area by NCDA Hampton, and Jasper Counties. NCDA State Route 17 north to the southern remains effective from October 1, 2016, applied for Chesterfield, Darlington, Kossuth County line; the Kossuth to September 30, 2021. Dillon, Florence, Horry, Kershaw, County line west to U.S. Route 169; U.S. Interested persons may obtain official Lancaster, Lee, Marion, and Marlboro Route 169 north to the northern Kossuth services by contacting these agencies at Counties. County line. the following telephone numbers:

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Designation Designation Official agency Headquarters location and telephone start end

Schaal ...... Belmond, IA, (641) 444–3122 ...... 10/1/2016 9/30/2021 NCDA ...... Raleigh, NC, (919) 707–3000 ...... 10/1/2016 9/30/2021

Section 7(f) of the USGSA authorizes Foreign Agricultural Affairs, 1400 relations among its members in matters the Secretary to designate a qualified Independence Avenue SW, Mailstop related to the Uruguay Round Trade applicant to provide official services in S4861, Washington, DC 20250–3700. Agreements. The WTO is the successor a specified area after determining that • Hand- or courier-delivered organization to the General Agreement the applicant is better able than any submittals: Deliver to 1400 on Tariffs and Trade (GATT). United other applicant to provide such official Independence Avenue SW, Room 4861, States membership in the WTO was services (7 U.S.C. 79(f)). Washington, DC 20250–3700. approved and the Uruguay Round Authority: 7 U.S.C. 71–87k. Instructions: All items submitted by Agreements Act (Uruguay Round mail or email are to include the Agency Agreements) was signed into law by the Bruce Summers, name and docket number USDA–2020– President on December 8, 1994, Public Administrator, Agricultural Marketing 0007. Comments received in response to Law 103–465, 108 Stat. 4809. The Service. this docket will be made available for Uruguay Round Agreements became [FR Doc. 2020–11905 Filed 6–2–20; 8:45 am] public inspection and posted without effective, with respect to the United BILLING CODE P change, including any personal States, on January 1, 1995. The Uruguay information to http:// Round Agreements amended the Trade www.regulations.gov. Agreements Act of 1979. Pursuant to DEPARTMENT OF AGRICULTURE Please state that your comments refer section 491 of the Trade Agreements Act to Codex and, if your comments relate of 1979, as amended, the President is U.S. Codex Office to specific Codex committees, please required to designate an agency to be [Docket No. USDA–2020–0007] identify the committee(s) in your ‘‘responsible for informing the public of comments and submit a copy of your the sanitary and phytosanitary (SPS) International Standard-Setting comments to the delegate from that standard-setting activities of each Activities particular committee. international standard-setting Docket: For access to background organization’’ (19 U.S.C. 2578). The AGENCY: Office of Trade and Foreign Agricultural Affairs (TFAA), USDA. documents or comments received, call main international standard-setting (202) 720–5627 to schedule a time to organizations are Codex, the World ACTION: Notice. visit the TFAA Docket Room at 1400 Organisation for Animal Health (OIE), SUMMARY: This notice informs the public Independence Avenue SW, Room and the International Plant Protection of the sanitary and phytosanitary S4861, Washington, DC 20250–3700. Convention. The President, pursuant to standard-setting activities of the Codex FOR FURTHER INFORMATION CONTACT: Ms. Proclamation No. 6780 of March 23, Alimentarius Commission (Codex), in Mary Frances Lowe, United States 1995, (60 FR 15845), designated the U.S. accordance with section 491 of the Manager for Codex Alimentarius, U.S. Department of Agriculture as the agency Trade Agreements Act of 1979, as Department of Agriculture, Office of the responsible for informing the public of amended, and the Uruguay Round Under Secretary for Trade and Foreign the SPS standard-setting activities of Agreements Act. This notice also Agricultural Affairs, U.S. Codex Office, each international standard-setting provides a list of other standard-setting South Agriculture Building, 1400 organization. The Secretary of activities of Codex, including Independence Avenue SW, Room 4861, Agriculture has delegated to the Office commodity standards, guidelines, codes Washington, DC 20250–3700; of Trade and Foreign Agricultural of practice, and revised texts. This Telephone: +1 (202) 205–7760; Fax: +1 Affairs the responsibility to inform the notice, which covers Codex activities (202) 720–3157; Email: uscodex@ public of the SPS standard-setting during the time periods from June 21, usda.gov. activities of Codex. The Office of Trade 2019 to May 31, 2020 and June 1, 2020 For information pertaining to and Foreign Agricultural Affairs has, in to May 31, 2021, seeks comments on particular committees, contact the turn, assigned the responsibility for standards under consideration and delegate of that committee. A complete informing the public of the SPS recommendations for new standards. list of U.S. delegates and alternate standard-setting activities of Codex to ADDRESSES: The U.S. Codex Office delegates can be found in Attachment 2 the U.S. Codex Office (USCO). (USCO) invites interested persons to of this notice. Documents pertaining to Codex was created in 1963 by two submit their comments on this notice. Codex and specific committee agendas United Nations organizations, the Food Comments may be submitted by one of are accessible via the internet at http:// and Agriculture Organization (FAO) and the following methods: www.fao.org/fao-who- the World Health Organization (WHO). • Federal e-Rulemaking Portal: This codexalimentarius/meetings/en/. The Codex is the principal international website provides the ability to type U.S. Codex Office (USCO) also organization for establishing standards short comments directly into the maintains a website at http:// for food. Through adoption of food comment field on this web page or www.usda.gov/codex. standards, codes of practice, and other attach a file for lengthier comments. Go SUPPLEMENTARY INFORMATION: guidelines developed by its committees to http://www.regulations.gov. Follow and by promoting their adoption and the on-line instructions at the website Background implementation by governments, Codex for submitting comments. The World Trade Organization (WTO) seeks to protect the health of consumers, • Mail, including CD–ROMs, etc.: was established on January 1, 1995, as ensure fair practices in the food trade, Send to Docket Clerk, U.S. Department the common international institutional and promote coordination of food of Agriculture, Office of Trade and framework for the conduct of trade standards work undertaken by

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international governmental and page at http://www.usda.gov/codex. If WHO scientific support to Codex nongovernmental organizations. In the you would like to access or receive (activities, budgetary and financial United States, U.S. Codex activities are information about specific committees, matters); matters arising from FAO/ managed and carried out by the United please visit the web page or notify the WHO; reports of side events; election of States Department of Agriculture appropriate U.S. delegate or the U.S. the chairperson and vice-chairpersons (USDA); the Food and Drug Codex Office, Room 4861, South and members of the Executive Administration (FDA), Department of Agriculture Building, 1400 Committee elected on a geographical Health and Human Services (HHS); the Independence Avenue SW, Washington, basis; designation of countries National Oceanic and Atmospheric DC 20250–3700 ([email protected]). responsible for appointing the Administration (NOAA), Department of The information provided in chairpersons of Codex subsidiary Commerce (DOC); and the Attachment 1 describes the status of bodies; any other business; and Environmental Protection Agency Codex standard-setting activities by the adoption of the report. (EPA). Codex committees for the time periods Before the Commission meeting, the As the agency responsible for from June 21, 2019 to May 31, 2020 and Executive Committee (CCEXEC) was informing the public of the SPS June 1, 2020 to May 31, 2021. also scheduled to meet for its 79th standard-setting activities of Codex, the Attachment 2 provides a list of U.S. Session on June 29–July 3, 2020, USCO publishes this notice in the Codex officials (including U.S. delegates however this too has been postponed Federal Register annually. Attachment and alternate delegates). A list of and will be rescheduled due to COVID– 1 (Sanitary and Phytosanitary Activities forthcoming Codex sessions may be 19 related issues. CCEXEC is composed of Codex) sets forth the following found at: http:// of the Commission chairperson; vice- information: www.codexalimentarius.org/meetings- chairpersons; seven members elected by 1. The SPS standards under consideration reports/en/. the Commission from each of the following geographic regions: Africa, or planned for consideration; and Additional Public Notification 2. For each SPS standard specified: Asia, Europe, Latin America and the a. A description of the consideration or Public awareness of all segments of Caribbean, Near East, North America, planned consideration of the standard; rulemaking and policy development is and South-West Pacific; and regional b. Whether the United States is important. Consequently, the USCO will coordinators from the six regional participating or plans to participate in the announce this Federal Register coordinating committees. The United consideration of the standard; c. The agenda for United States publication on-line through the U.S. States will participate as the member participation, if any; and Codex web page located at: https:// elected on a geographical basis for North d. The agency responsible for representing www.federalregister.gov/agencies/us- America. The Executive Committee the United States with respect to the codex-office. agenda for the 79th session is not yet standard. Done at Washington, DC. available. Responsible Agency: USDA/TFAA/ TO OBTAIN COPIES OF THE Mary Lowe, USCO. STANDARDS LISTED IN U.S. Manager for Codex Alimentarius. ATTACHMENT 1, PLEASE CONTACT U.S. Participation: Yes. THE U.S. DELEGATE OR THE U.S. Attachment 1 Codex Committee on Cereals, Pulses CODEX OFFICE. Sanitary and Phytosanitary Activities and Legumes This notice also solicits public of Codex The Codex Committee on Cereals, comment on standards that are currently Codex Alimentarius Commission and Pulses and Legumes (CCCPL) elaborates under consideration or planned for Executive Committee worldwide standards and/or Codes of consideration and recommendations for Practice, as appropriate, for cereals, The Codex Alimentarius Commission new standards. The U.S. delegate, in pulses and legumes and their products. conjunction with the responsible (CAC) was scheduled to convene for its The committee has been reactivated to agency, will take the comments received 43rd Session on July 6–11, 2020 in work by correspondence to draft an into account in participating in the Rome, Italy; however, it will be international Codex standard for quinoa. consideration of the standards and in rescheduled to a later date and time due The following item will be considered proposing matters to be considered by to ongoing concerns related to the novel by the 43rd Session of the Commission: Codex. coronavirus (COVID–19) pandemic. At • Inclusion of the section on grain The U.S. delegate will facilitate public its 43rd Session, the Commission will size in the Standard for Quinoa, (CXS participation in the United States consider adopting standards 333–2019) adopted at Step 8 at CAC42 Government’s activities relating to recommended by committees at Step 8 (2019). Codex. The U.S. delegate will maintain or 5⁄8 (final adoption) and advance the No additional work is ongoing in this a list of individuals, groups, and work of committees by adopting draft committee. It will again be adjourned organizations that have expressed an standards at Step 5 (for further comment sine die once the CAC determines interest in the activities of the Codex and consideration by the relevant whether there is consensus to include committees and will disseminate committee). The Commission will also the section on grain size in the Standard information regarding U.S. delegation consider revocation of Codex texts; for Quinoa. activities to interested parties. This proposals for new work; discontinuation Responsible Agencies: HHS/FDA/ information will include the status of of work; amendments to Codex Center for Food Safety and Applied each agenda item; the U.S. standards and related texts; and matters Nutrition (CFSAN). Government’s position or preliminary arising from the Reports of the U.S. Participation: Yes. position on the agenda items; and the Commission, the Executive Committee, time and place of planning meetings and subsidiary bodies. Although the Codex Committee on Contaminants in and debriefing meetings following the agenda for the 43rd Session is not yet Foods Codex committee sessions. In addition, available, it is expected that the The Codex Committee on the USCO makes much of the same Commission will also consider Codex Contaminants in Foods (CCCF) information available through its web budgetary and financial matters; FAO/ establishes or endorses recommended

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maximum levels (MLs) to be legally • Discussion paper on radioactivity in • Proposals for additions and changes permitted in a commodity, and, where feed and food (including drinking to the priority list of substances necessary, revises existing guideline water) in normal circumstances; proposed for evaluation by JECFA levels (GLs) for contaminants and • Discussion paper on MLs for (physical Working Group (PWG) led by naturally occurring toxicants in food cadmium and lead in quinoa; Canada); and feed; prepares priority lists of • Discussion paper on MLs for • Alignment of the food additive contaminants and naturally occurring methylmercury in additional fish provisions of commodity standards and toxicants for risk assessment by the Joint species; relevant provisions of the GSFA (EWG FAO/WHO Expert Committee on Food • Discussion papers on MLs for HCN led by Australia, Japan and the United Additives (JECFA); considers and in cassava and cassava-based products States); elaborates methods of analysis and and CoP for the prevention and • Revision of the class names and the sampling for the determination of reduction of mycotoxin contamination international numbering system for food contaminants and naturally occurring in cassava and cassava-based products; additives (EWG led by Belgium); toxicants in food and feed; considers • General guidance on data analysis • Provisions related to the use of and elaborates standards or codes of for ML development and for improved sweeteners with Note 161 attached to (1) practice (CoPs) for related subjects; and data collection; determine if sweeteners or flavor • considers other matters assigned to it by Discussion paper on approach to enhancers are justified in specific food the Commission in relation to identify the need for revision of categories and (2) developing wording contaminants and naturally occurring standards and related texts developed for an alternative to Note 161 relating to toxicants in food and feed. by CCCF; the use of sweeteners or flavor • The 14th Session of the CCCF, Forward work plan for CCCF, enhancers in food categories where the originally scheduled for April 20–24, including: use is technologically justified; Æ • 2020, in Utrecht, Netherlands, has been Review of staple food-contaminant Issues with the online GSFA which postponed due to ongoing concerns combinations for future work of CCCF; prevent the implementation of and committee decisions and to inform the related to the Coronavirus (COVID–19) Æ pandemic. It is now scheduled for May Project plan for the evaluation of Executive Committee on this matter. 3–7, 2021. implementation of CoPs of CCCF. The committee also agreed to hold a • Priority list of contaminants and The committee has the following item one and half day PWG on the GSFA naturally occurring toxicants for that will be considered again by the immediately preceding the 52nd evaluation by JECFA; and 43rd Session of the Commission. Session of CCFA, to be chaired by the • Follow-up work to the outcome of To be considered for adoption Step 5, United States. That group will discuss: JECFA evaluations. • allowing for further consideration by the The recommendations of the EWG Responsible Agencies: HHS/FDA; on the GSFA and new proposals and next session of CCCF: USDA/Food Safety and Inspection • Draft ML for cadmium in chocolates proposed revisions of food additive Service (FSIS). provisions in the GSFA. containing or declaring <30% total U.S. Participation: Yes. cocoa solids on a dry matter basis. The committee also agreed to hold a half day PWG immediately preceding The committee will continue working Codex Committee on Food Additives the 52nd Session of CCFA on alignment on: The Codex Committee on Food of the food additive provisions of • Proposed draft MLs for cadmium in Additives (CCFA) establishes or commodity standards and relevant chocolate and chocolate products endorses acceptable maximum levels provisions of the GSFA, to be chaired by containing or declaring ≥30% to <50% (MLs) for individual food additives; Australia. That group will discuss the total cocoa solids on a dry matter basis; prepares a priority list of food additives recommendations of the EWG on and cocoa powder (100% total cocoa for risk assessment by the JECFA; alignment. solids on a dry matter basis); assigns functional classes to individual Responsible Agency: HHS/FDA/ • Proposed draft code of practice for food additives; recommends CFSAN. the prevention and reduction of specifications of identity and purity for U.S. Participation: Yes. cadmium contamination in cocoa beans; food additives for adoption by the • Proposed draft MLs for lead in Codex Alimentarius Commission; Codex Committee on Fresh Fruits and selected commodities for inclusion in considers methods of analysis for the Vegetables the General Standard for Contaminants determination of additives in food; and The Codex Committee on Fresh Fruits and Toxins in Food and Feed (GSCTFF) considers and elaborates standards or and Vegetables (CCFFV) is responsible (CXS 193–1995); codes of practice for related subjects for elaborating worldwide standards and • Proposed draft revision of the Code such as the labeling of food additives codes of practice, as may be appropriate, of Practice for the Prevention and when sold as such. for fresh fruits and vegetables, Reduction of Lead Contamination in The 52nd Session of the CCFA, consulting as necessary, with other Foods (CXS 56–2004); originally scheduled for March 2–6, international organizations in the • Proposed draft MLs for total 2020, in Lanzhou, China, has been standards development process to avoid aflatoxins in certain cereals and cereal postponed due to ongoing concerns duplication. based products including foods for related to the coronavirus (COVID–19) The committee convened its 21st infants and young children; pandemic. It is now scheduled for Session in Monterrey, Nuevo Leo´n, • Proposed draft ML for total March 8–12, 2021. Mexico from October 7–11, 2019. The aflatoxins in ready-to-eat peanuts and The committee will continue working relevant document is REP 20/FFV. associated sampling plan; on: The committee has the following • Proposed draft MLs for total • Draft and Proposed draft food items that will be considered by the aflatoxins and ochratoxin A in nutmeg, additive provisions of the General 43rd Session of the Commission. dried chili and paprika, ginger, pepper Standard for Food Additives (GSFA) To be considered for final adoption at and turmeric, and associated sampling (electronic Working Group (EWG) led by Step 8 and Step 5⁄8: plans; the United States); • Draft standard for garlic;

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• Draft standard for kiwifruit; General Principles of Food Hygiene Third Party Assurance (vTPA) • Draft standard for ware potatoes; (CXC 1–1969); programs; • Draft standard for yams; • Redrafting proposed draft • Proposed draft guidance on The committee will continue working guidelines for the control of Shiga toxin paperless use of electronic certificates on: (revision of the Guidelines for Design, • producing Escherichia coli (STEC) in Proposed draft standard for onions raw beef, raw milk and raw milk Production, Issuance and Use of Generic and shallots; • cheeses, fresh leafy vegetables, and Official Certificates (CXG 38–2001)); Proposed draft standard for berry sprouts; and • Proposed draft guidelines on fruits; • • New work proposals/forward recognition and maintenance of Proposed draft standard for fresh equivalence of national food control dates; workplan. • Responsible Agencies: HHS/FDA/ systems (NFCS); Discussion paper on glossary terms • Proposed draft consolidated Codex used in the layout for Codex standards CFSAN; USDA/FSIS. U.S. Participation: Yes. guidelines related to equivalence; and for fresh fruits and vegetables. • Discussion paper on role of CCFICS Responsible Agencies: USDA/ Codex Committee on Food Import and with respect to tackling food fraud in Agricultural Marketing Service (AMS); Export Inspection and Certification the context of food safety and fair HHS/FDA/CFSAN. Systems practices in food trade. U.S. Participation: Yes. The Codex Committee on Food Import Responsible Agencies: USDA/FSIS; Codex Committee on Food Hygiene and Export Inspection and Certification HHS/FDA/CFSAN. The Codex Committee on Food Systems (CCFICS) is responsible for U.S. Participation: Yes. Hygiene (CCFH) is responsible for developing principles and guidelines for Codex Committee on Food Labelling developing basic provisions on food food import and export inspection and The Codex Committee on Food hygiene, applicable to all food or to certification systems, with a view to Labelling (CCFL) drafts provisions on specific food types; considering and harmonizing methods and procedures labeling applicable to all foods; amending or endorsing provisions on that protect the health of consumers, considers, amends, and endorses draft food hygiene contained in Codex ensure fair trading practices, and specific provisions on labeling prepared commodity standards and Codex of facilitate international trade in by the Codex Committees drafting Practice developed by other committees; foodstuffs; developing principles and standards, codes of practice, and considering specific food hygiene guidelines for the application of guidelines; and studies specific labeling problems assigned to it by the measures by the competent authorities problems assigned to it by the Codex Commission; suggesting and prioritizing of exporting and importing countries to Alimentarius Commission. The areas where there is a need for provide assurance, where necessary, Committee also studies problems microbiological risk assessment at the that foodstuffs comply with associated with the advertisement of international level and developing requirements, especially statutory food with particular reference to claims questions to be addressed by the risk health requirements; developing and misleading descriptions. assessors; and considering guidelines for the utilization, as and The Committee is scheduled to meet microbiological risk management when appropriate, of quality assurance October 19–23, 2020, in Canada. It does matters in relation to food hygiene and systems to ensure that foodstuffs not have any items that will be in relation to the FAO/WHO risk conform with requirements and promote considered for adoption or approval by assessments. the recognition of these systems in the 43rd Session of the Commission. The committee convened for its 51st facilitating trade in food products under The committee will continue working Session in Cleveland, Ohio, United bilateral/multilateral arrangements by States, November 4–8, 2019. The on: countries; developing guidelines and • Proposed draft guidelines on front- relevant document is REP20/FH. criteria with respect to format, of-pack nutrition labeling; The following items will be declarations, and language of such • considered by the 43rd Session of the Proposed draft guidance on internet official certificates as countries may sales/e-commerce; Commission. require with a view towards • To be considered for final adoption at Revision of the General Standard international harmonization; making for the Labelling of Prepackaged Foods: Step 8 and Step 5/8: recommendations for information • Draft revision of the General Allergen labeling and proposed draft exchange in relation to food import/ guidance on precautionary or advisory Principles of Food Hygiene (CXC 1– export control; consulting as necessary 1969); and allergen labeling; • with other international groups working • Discussion paper on innovation— Draft code of practice on food on matters related to food inspection allergen management for food business use of technology in food labeling; and certification systems; and • Discussion paper on labeling of operators. considering other matters assigned to it To be considered for adoption Step 5, alcoholic beverages; and by the Commission in relation to food allowing for further consideration by the • Discussion paper on future work inspection and certification systems. next session of CCFH: and direction of CCFL (update). • Proposed draft guidance for the The 25th Session of the CCFICS, Responsible Agencies: HHS/FDA/ management of biological foodborne originally scheduled for April 27–May CFSAN; USDA/FSIS. outbreaks. 1, 2020, in Hobart, Tasmania, Australia, U.S. Participation: Yes. has been postponed due to ongoing To be considered for approval as new Codex Committee on Fats and Oils work: concerns related to the coronavirus • Guidelines for the safe use and (COVID–19) pandemic. It is now The Codex Committee on Fats and reuse of water in food production. scheduled for March 22–26, 2021. Oils (CCFO) is responsible for The committee will continue working The committee will continue working elaborating worldwide standards for fats on: on: and oils of animal, vegetable, and • Diagram/decision tree to • Draft principles and guidelines for marine origin, including margarine and accompany the draft revision of the the assessment and use of voluntary olive oil.

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The Committee is currently scheduled serves as a coordinating body for Codex develops standards, guidelines, or to host its 27th session in early 2021 in with other international groups working related texts for foods for special dietary Malaysia. It does not have any items on methods of analysis and sampling uses in cooperation with other that will be considered for adoption or and quality assurance systems for committees where necessary; considers, approval by the 43rd Session of the laboratories; specifies, on the basis of amends if necessary, and endorses Commission. final recommendations submitted to it provisions on nutritional aspects The committee will continue working by the bodies referred to above, proposed for inclusion in Codex on: reference methods of analysis and standards, guidelines, and related texts. • Revision of the Standard for Named sampling appropriate to Codex The committee convened its 41st Vegetable Oils (CXS 201–1999): standards which are generally Session in Dusseldorf, Germany, Essential composition of sunflower seed applicable to a number of foods; November 24–29, 2019. The reference oils; considers, amends if necessary, and document is REP 20/NFSDU. • Revision of the Standard for Named endorses as appropriate, methods of The following items will be Vegetable Oils (CXS 210–1999): analysis and sampling proposed by considered for adoption by the 43rd Inclusion of avocado oil; Codex commodity committees, except Session of the Commission. • Revision of the Standard for Olive for methods of analysis and sampling To be considered for adoption at Step Oils and Pomace Olive Oils (CXS 33– for residues of pesticides or veterinary 5, allowing for further consideration by 1981); and drugs in food, the assessment of the next session of CCNFSDU: • Review of the Standard for Follow- • Proposals for new substances to be microbiological quality and safety in up Formula: Section B: Proposed draft added to the list of acceptable previous food, and the assessment of scope, description and labeling (CXS cargo (Appendix II to RCP 36–1987). specifications for food additives; 156–1987); Responsible Agencies: HHS/FDA/ elaborates sampling plans and • CFSAN; USDA/Agricultural Research Proposed draft guideline for ready- procedures, as may be required; to-use therapeutic foods; and Service (ARS). considers specific sampling and • U.S. Participation: Yes. Provisions for xanthum gum (INS analysis problems submitted to it by the 415) and pectins (INS 440)(CXS 72– Codex Committee on General Principles Commission or any of its committees; 1981). and defines procedures, protocols, To be considered for discontinuation: The Codex Committee on General guidelines or related texts for the • Principles (CCGP) is responsible for Condition for a claim for ‘‘free of’’ assessment of food laboratory trans fatty acids (TFAs) (CXG 2–1985); procedural and general matters referred proficiency, as well as quality assurance to it by the Codex Alimentarius and systems for laboratories. • Definition of biofortification. Commission, including: (a) The review The 40th Session of the CCMAS, The committee will continue working or endorsement of procedural originally scheduled for May 11–15, on: provisions/texts forwarded by other 2020, in Budapest, Hungary has been • Review of the Standard for Follow- subsidiary bodies for inclusion in the postponed due to ongoing concerns up Formula (CXS 156–1987): Remaining Procedural Manual of the Codex related to the coronavirus (COVID–19) sections. Alimentarius Commission; and (b) The pandemic. It is now scheduled for May The following items have been consideration and recommendation of 17–21, 2021. completed are on hold pending other amendments to the Procedural The committee will continue working completion of the review of the Manual. on: Standard for Follow-up Formula: The 32nd Session of the CCGP, • Endorsement of methods of analysis • Review of the Standard for Follow- originally scheduled for March 23–27, and sampling plans for provisions in up Formula: Section A: Scope, 2020, in Bordeaux, France, has been Codex standards; description and labeling; and postponed due to ongoing concerns • Revision of the dairy methods • Review of the Standard for Follow- related to the coronavirus (COVID–19) workable package; up Formula: Essential composition pandemic. • Revision of the fats and oils requirements for Section A and Section The committee will continue working methods workable package; B. on: • Revision of the General Guidelines Responsible Agencies: HHS/FDA/ • Procedural guidance for committees on Sampling (CAC/GL 50–2004); CFSAN; USDA/ARS. working by correspondence; • Revision of the Guidelines on U.S. Participation: Yes. • Revisions/amendments to Codex Measurement Uncertainty (CAC/GL 54– Codex Committee on Processed Fruits texts; 2004); and • Format and structure of the Codex • Discussion paper on criteria to and Vegetables Procedural Manual; select Type II methods from multiple The Codex Committee on Processed • Discussion paper on monitoring the Type III methods. Fruits and Vegetables (CCPFV) is use of Codex standards; and Responsible Agencies: HHS/FDA/ responsible for elaborating worldwide • Discussion paper on monitoring CFSAN; USDA/AMS. standards and related texts for all types Codex results in the context of the U.S. Participation: Yes. of processed fruits and vegetables Sustainable Development Goals (SDGs). including, but not limited to canned, Codex Committee on Nutrition and Responsible Agencies: USDA/TFAA/ dried, and frozen products, as well as Foods for Special Dietary Uses USCO. fruit and vegetable juices and nectars. U.S. Participation: Yes. The Codex Committee on Nutrition The committee convened by and Foods for Special Dietary Uses correspondence for its 29th Session, Codex Committee on Methods of (CCNFSDU) is responsible for studying January 9, 2019 to May 7, 2020. Analysis and Sampling nutrition issues referred to it by the The committee has the following The Codex Committee on Methods of Codex Alimentarius Commission. The items that could continue to be Analysis and Sampling (CCMAS) Committee also drafts general discussed or that could be considered defines the criteria appropriate to Codex provisions, as appropriate, on for adoption by the 43rd Session of the Methods of Analysis and Sampling; nutritional aspects of all foods and Commission.

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• Conversion of the regional standard • Establishment of a Codex database and include residues of associated for chili sauce into an international of national registration of pesticides; impurities of the veterinary drug Codex standard; • Establishment of JMPR schedules concerned. An MRL is based on the type • Proposed revisions to the Standard and priority lists for evaluations of and amount of residue considered to be for Mango Chutney (CXS 160–1987); pesticides; without any toxicological hazard for • Conversion of the regional standard • Discussion paper on the review of human health as expressed by the for gochujang to an international Codex the international estimated short-term Acceptable Daily Intake (ADI) or on the standard; intake (IESTI) equations (possible basis of a temporary ADI that utilizes an • Proposed draft general standard for revision); additional safety factor. When dried fruits; • Guidelines for compounds of low • establishing an MRL, consideration is Proposed draft general standard for public health concern that could be also given to residues that occur in food canned fruit salads; exempted from the establishment of of plant origin or the environment. • Matters for referral to CCFA; and Codex maximum residue limits for Furthermore, the MRL may be reduced • Matters for referral to CCMAS. pesticides (CXLs); to be consistent with official Responsible Agencies: USDA/AMS; • Management of unsupported recommended or authorized usage, HHS/FDA/CFSAN. compounds in the CCPR schedules and U.S. Participation: Yes. approved by national authorities, of the priority lists of pesticides for evaluation veterinary drugs under practical Codex Committee on Pesticide Residues by the JMPR; • conditions. The Codex Committee on Pesticide Review of the Guidelines on the use An ADI is an estimate made by the Residues (CCPR) is responsible for of mass spectrometry for the JECFA of the amount of a veterinary establishing maximum residue limits identification, confirmation and drug, expressed on a body weight basis, (MRLs) for pesticide residues in specific quantitative determination of pesticide which can be ingested daily in food over food items or in groups of food; residues (CXG 56–2005) and the a lifetime without appreciable health establishing MRLs for pesticide residues Guidelines on performance criteria for risk. in certain animal feeding stuffs moving methods of analysis for the The 25th Session of CCRVDF, in international trade where this is determination of pesticide residues in originally scheduled for May 25–29, food and feed (CXG 90–2017); and 2020, in San Diego, California, United justified for reasons of protection of • human health; preparing priority lists of Opportunities and challenges for States, has been postponed due to pesticides for evaluation by the Joint JMPR participation in international ongoing concerns related to the FAO/WHO Meeting on Pesticide review of a new compound. coronavirus (COVID–19) pandemic. It is Responsible Agencies: EPA/Office of Residues (JMPR); considering methods now scheduled for January 25–29, 2021. of sampling and analysis for the Chemical Safety and Pollution The committee will continue working determination of pesticide residues in Prevention (OCSPP)/Office of Pesticide on: food and feed; considering other matters Programs (OPP); USDA/FSIS. • Draft MRL for flumethrin (honey); U.S. Participation: Yes. in relation to the safety of food and feed • Draft MRLs for diflubenzuron containing pesticide residues; and Codex Committee on Residues of (salmon—muscle plus skin in natural establishing maximum limits for Veterinary Drugs in Foods proportion); halquinol (in swine— muscle, skin plus fat, liver and kidney); environmental and industrial The Codex Committee on Residues of ivermectin (sheep, pigs and goats—fat, contaminants showing chemical or Veterinary Drugs in Foods (CCRVDF) other similarity to pesticides in specific kidney, liver and muscle); determines priorities for the • food items or groups of food. Draft MRLs for zilpaterol consideration of residues of veterinary hydrochloride (cattle fat, kidney, liver, The 51st Session of the CCPR, drugs in foods and recommends originally scheduled for March 30–April muscle); Maximum Residue Limits (MRLs) for • Discussion paper on extrapolation 4, 2020, in Guangzhou, China, has been veterinary drugs. The Committee also postponed due to ongoing concerns of MRLs to one or more species develops codes of practice, as may be (including apilot on extrapolation of related to the coronavirus (COVID–19) required, and considers methods of pandemic. It is now scheduled for April MRLs identified in Part D of the Priority sampling and analysis for the List—REP18/RVDF, App. VI); 12–17, 2021. determination of veterinary drug The committee will continue working • Discussion paper on the residues in food. A veterinary drug is on: development of a harmonized definition • Revision of the Classification of defined as any substance applied or for edible tissues of animal origin Food and Feed (CXA 4–1989) for administered to any food producing (including edible offal) (in coordination selected commodity groups: animal, such as meat or milk producing with CCPR); Æ Revision of Class C, animal feed animals, poultry, fish, or bees, whether • Discussion paper on advantages and commodities, taking into account silage, used for therapeutic, prophylactic or disadvantages of a parallel approach to fodder, and a separate group for grasses; diagnostic purposes, or for modification compound evaluation; Æ Revision of Class D, processed food of physiological functions or behavior. • Database on countries’ needs for commodities; A Codex Maximum Residue Limit MRLs; and Æ Transferring commodities from (MRL) for residues of veterinary drugs is • Priority List of veterinary drugs Class D to Class C; the maximum concentration of residue requiring evaluation or re-evaluation by Æ Creating tables with representative resulting from the use of a veterinary JECFA. crops for Class C and D; and drug (expressed in mg/kg or ug/kg on a Responsible Agencies: HHS/FDA/ Æ Edible animal tissues (including fresh weight basis) that is recommended Center for Veterinary Medicine (CVM); edible offal), in collaboration with the by the Codex Alimentarius Commission USDA/FSIS. Codex Committee on Residues of to be permitted or recognized as U.S. Participation: Yes. Veterinary Drugs in Foods (CCRVDF) acceptable in or on a food. Residues of EWG on edible animal tissues. a veterinary drug include the parent Codex Committee on Sugars • Harmonization of mammalian meat compounds or their metabolites in any The Codex Committee on Sugars MRLs between CCPR and CCRVDF; edible portion of the animal product (CCS) elaborates worldwide standards

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for all types of sugars and sugar WHO Advisory Group on Integrated Milk and Milk Products—Adjourned products. Surveillance of Antimicrobial 2017 The Committee had been re-activated Resistance (AGISAR) and relevant Responsible Agency: USDA/AMS; electronically to work by World Organization for Animal Health HHS/FDA/CFSAN. correspondence on a draft standard for (OIE) documents. The objective of the U.S. Participation: Yes. panela and/or common or vernacular Task Force is to develop science-based name as known in each country (non– guidance on the management of Natural Mineral Waters—Adjourned centrifuged sugar). foodborne antimicrobial resistance, 2008 The 42nd Session of the Commission taking full account of the WHO Global Responsible Agency: HHS/FDA/ (July 2019) decided to discontinue work Action Plan on Antimicrobial CFSAN. on the following draft standard and Resistance, in particular Objectives 3 U.S. Participation: Yes. adjourned the CCS sine die: and 4, the work and standards of • Draft Standard for panela and/or relevant international organizations, Sugars—Adjourned 2019 common or vernacular name as known such as FAO, WHO, and OIE, and the Responsible Agency: HHS/FDA/ in each country (non–centrifuged sugar). One-Health approach, to ensure CFSAN. Responsible Agencies: HHS/FDA/ members have the necessary guidance to U.S. Participation: Yes. CFSAN. enable coherent management of U.S. Participation: Yes. antimicrobial resistance along the food Vegetable Proteins—Adjourned 1989 Codex Committee on Spices and chain. The Task Force is expected to Responsible Agency: USDA/ARS. Culinary Herbs complete this work within three (or a U.S. Participation: Yes. maximum of four) sessions. The Codex Committee on Spices and The Task Force convened for its 7th FAO/WHO Regional Coordinating Culinary Herbs (CCSCH) is responsible Session (the 3rd Session since Committees for elaborating worldwide standards for reactivation in 2016) in Pyeongchang, The FAO/WHO Regional spices and culinary herbs in their dried Republic of Korea, December 9–13, Coordinating Committees define the and dehydrated state in whole, ground, 2019, working on draft text for the Code problems and needs of the regions and cracked or crushed form. It also of Practice (CoP) and Guidelines on concerning food standards and food consults, as necessary, with other Integrated Surveillance (GLIS). control; promote within the committee international organizations in the The Task Force has the following item contacts for the mutual exchange of standards development process to avoid to be considered by the 43rd Session of information on proposed regulatory duplication. the Commission. initiatives and problems arising from The Committee is scheduled to meet For adoption at Step 5, allowing for food control and stimulate the September 21–26, 2020 and does not further consideration at the next session strengthening of food control have items that will be considered for of TFAMR: infrastructures; recommend to the adoption or approval by the 43rd • Proposed draft revision of the Code Commission the development of Session of the Commission. of Practice to Minimize and Contain worldwide standards for products of The committee will continue working Antimicrobial Resistance (CXC 61– interest to the region, including on: products considered by the committees • Draft standard for dried oregano; 2005). • The TFAMR will continue working on: to have an international market Draft standard for dried roots, • rhizomes, and bulbs—dried or Proposed draft guidelines on potential in the future; develop regional dehydrated ginger; integrated surveillance of antimicrobial standards for food products moving • Draft standard for dried basil; resistance. exclusively or almost exclusively in • Draft standard for dried floral Responsible Agencies: HHS/FDA; intra-regional trade; draw the attention parts—dried cloves; USDA. of the Commission to any aspects of the • Draft standard for saffron. U.S. Participation: Yes. Commission’s work of particular • Draft standard for dried and/or significance to the region; promote Adjourned Codex Commodity coordination of all regional food dehydrated chili and paprika; Committees • Draft standard for nutmeg; and standards work undertaken by • Working Group (WG) on priorities Several Codex Alimentarius international governmental and non- and group standards. Commodity Committees have adjourned governmental organizations within each Responsible Agencies: USDA/AMS; sine die. The following Committees fall region; exercise a general coordinating HHS/FDA/CFSAN. into this category: role for the region and such other U.S. Participation: Yes. functions as may be entrusted to them Cocoa Products and Chocolate— by the Commission; and promote the Ad hoc Codex Intergovernmental Task Adjourned 2001 use of Codex standards and related texts Force on Antimicrobial Resistance Responsible Agency: HHS/FDA/ by members. The Ad hoc Codex Intergovernmental CFSAN. There are six regional coordinating Task Force on Antimicrobial Resistance U.S. Participation: Yes. committees: (TFAMR) is responsible for reviewing • Coordinating Committee for Africa; Fish and Fishery Products—Adjourned and revising, as appropriate, the Code of • Coordinating Committee for Asia; 2016 Practice to Minimize and Contain • Coordinating Committee for Antimicrobial Resistance (CAC/RCP 61– Responsible Agency: HHS/FDA/ Europe; 2005) to address the entire food chain, CFSAN; DOC/NOAA. • Coordinating Committee for Latin in line with the mandate of Codex; and U.S. Participation: Yes. America and the Caribbean; considering the development of • Coordinating Committee for the Meat Hygiene—Adjourned 2003 Guidance on Integrated Surveillance of Near East; and Antimicrobial Resistance, taking into Responsible Agency: USDA/FSIS. • Coordinating Committee for North account the guidance developed by the U.S. Participation: Yes. America and the South West Pacific.

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Coordinating Committee for Africa • Discussion paper/project document Coordinating Committee for Latin The Committee (CCAFRICA) on the development of a regional America and the Caribbean convened its 23rd Session in Nairobi, standard/code of practice for Zongzi; The Committee (CCLAC) scheduled • Nomination of coordinator; and Kenya, September 2–6, 2019. • its 21st Session in Santiago, Chile, from The committee discussed the Other business. 21–25 October 2019. The meeting The committee has the following following agenda items: opened one day later than scheduled to items for consideration by the 43rd • Use of Codex standards in the ensure the security and safety of all Session of the Commission. region; delegates following demonstrations in To be considered for approval as new • Matters referred from the Codex the Metropolitan Region of Santiago that work: Alimentarius Commission and other led to the declaration of a Constitutional • Development of a regional standard Codex Committees; State of Emergency. After two half days for soybean products fermented with • Implementation of the Codex of discussions (22 and 23 October 2019), Bacillus species; Strategic Plan 2014–2019; the session was discontinued due to the • • Development of a regional standard Codex Strategic Plan 2020–2025; persisting situation in Santiago and the • for quick frozen dumpling; and Codex communications work plan; • increasing challenge to ensure the • Draft standard for fermented cooked Development of a regional standard for cooked rice wrapped in plant leaves. security and safety of delegates. cassava-based products; The committee discussed the • Draft standard for Gnetum spp For Appointment: • CCASIA recommends that China be following agenda items: leaves; • Food safety and quality in countries • Draft standard for dried meat; appointed for a first term as Regional • Coordinator for Asia. in the region: Current and emerging Discussion paper on regional issues in the region; harmonized food law guidelines for the Responsible Party: USDA/TFAA/ • USCO. The future of food safety: Outcome CCAFRICA region; of the first FAO/WHO/AU international • Discussion paper on the U.S. Participation: Yes (as an observer). food safety conference and the development of a regional standard for international forum on food safety and fermented non-alcoholic cereal-based Coordinating Committee for Europe trade; drink (Mahewu); and • Food safety and quality situation in • Nomination of the coordinator; The Committee (CCEURO) convened the countries in the region: Use of the The committee has the following item its 31st Session in Almaty, Kazakhstan, online platform for information sharing for consideration by the 43rd Session of September 30–October 4, 2019. on food safety control systems; status of the Commission. The committee discussed the information and future plans/prospects; For Appointment: following agenda items: • • • CCAFRICA will nominate a new Food safety and quality situation in Use of Codex standards in the the countries of the region: Current and region; Regional Coordinator for Africa at the • next session of the CAC. emerging issues in the region; Matters arising from the Codex • Responsible Party: USDA/TFAA/ The future of food safety: Outcome Alimentarius Commission and other USCO. of the first FAO/WHO/African Union Codex committees; (AU) International Food Safety • Codex work relevant to the region; U.S. Participation: Yes (as an • observer). Conference and the International Forum Codex strategic plan 2020–2025— on Food Safety and Trade; roadmap to implementation; and Coordinating Committee for Asia • Food safety and quality situation in • Codex communications work plan. The Committee (CCASIA) convened the countries of the region: Use of the The committee has the following item its 21st Session in Goa, India, online platform for information sharing for consideration by the 43rd Session of September 23–27, 2019. on food safety control systems; status of the Commission. The committee discussed the information and future plans/prospects; For Appointment: following agenda items: • Use of Codex standards in the • CCLAC recommends that Ecuador • Use of Codex standards in the region; be appointed for a first term as Regional region; • Matters arising from the Codex Coordinator for Latin America and the • Matters arising from the Codex Alimentarius Commission and other Caribbean. Alimentarius Commission and other Codex Committees; Responsible Party: USDA/TFAA/ Codex Committees; • Codex work relevant to the region; USCO. • Codex work relevant to the region; • Implementation of the Codex U.S. Participation: Yes (as an • Implementation of the Codex Strategic Plan 2014–2019; observer). • Strategic Plan 2014–2019; Codex Strategic Plan 2020–2025— Coordinating Committee for North • Codex Strategic Plan 2020–2025; Roadmap to implementation; America and the South West Pacific • Codex communications work plan; • Codex communications workplan; • Discussion paper/project document • Language policy in CCEURO; and The Committee convened its 15th on the development of a regional • Nomination of the Coordinator. Session in Port Vila, Vanuatu, standard for rice-based low alcohol The committee has the following item September 16–20, 2019. beverages (cloudy types); for consideration by the 43rd Session of The committee discussed the • Discussion paper/project document the Commission. following agenda items: on the development of a regional For Appointment: • Keynote address—Managing food standard for soybean products • CCEURO recommends reappointing safety in an era of accelerated climate fermented with the bacterium Bacillus Kazakhstan for a second term as change; subtilis; Regional Coordinator for Europe. • Food safety and quality situation in • Discussion paper/project document Responsible Party: USDA/TFAA/ the countries of the region: Current and on the development of a regional USCO. emerging issues in the region; standard for quick frozen dumplings U.S. Participation: Yes (as an • The Future of Food Safety: (Ziaozi); observer). Outcome of the First FAO/WHO/AU

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International Food Safety Conference • Implementation of the Codex Codex Committee on Residues of and the International Forum on Food Strategic Plan 2014–2019 (including Veterinary Drugs in Foods Safety and Trade; Strategic plan for CCNEA 2014–2019); Dr. Kevin Greenlees, Ph.D., DABT, • • Food safety and quality situation in Codex Strategic Plan 2020–2025— Senior Advisor for Science and Policy, the countries of the region: Use of the Roadmap to Implementation; Office of New Animal Drug Evaluation, online platform for information sharing • Codex communications work plan; Center for Veterinary Medicine, U.S. on food safety control systems; status of • Food additive provisions for the Food and Drug Administration, 7500 information and future plans/prospects; regional standard for doogh; Standish Place (HFV–100), Rockville, • Use of Codex standards in the • Draft regional standard for mixed MD 20855, Phone: +1 (240) 402–0638, region; Fax: +1 (240) 276–9538, • zaatar; Matters referred from the Codex • [email protected]. Alimentarius Commission and other Discussion paper on the Codex committees; development of a Codex text for ready- U.S. Delegates and Alternate Delegates to-eat pre-packaged salads; • Codex work relevant to the region; Worldwide General Codex Subject • Discussion paper on development • Implementation of the Codex Committees Strategic Plan 2014–2019; of a standard for halal products; • Codex Strategic Plan 2020–2025— • Discussion paper on the Contaminants in Foods Roadmap to Implementation; and development of a regional standard for (Host Government—The Netherlands) • Codex communications work plan. maamoul; U.S. Delegate: Dr. Lauren Posnick The committee has the following • Nomination of the Coordinator; and Robin, Sc.D., Branch Chief, Plant items for consideration by the 43rd • Other business. Products Branch, Division of Plant Session of the Commission. The committee has the following item Products and Beverages, Office of Food To be considered for adoption Step 5, for consideration by the 43rd Session of Safety, Center for Food Safety and allowing for further consideration by the the Commission. Applied Nutrition, U.S. Food and Drug next session of CCNASWP: For Appointment: • Administration, 5001 Campus Drive Proposed draft standard for • CCNEA recommends that Saudi (HFS–317), College Park, MD 20740, fermented noni juice; and • Arabia be appointed for a first term as Phone: +1 (240) 402–1639, Proposed draft standard for kava as Regional Coordinator for the Near East. [email protected]. a beverage when mixed with cold water. Responsible Party: USDA/TFAA/ Alternate Delegate: Mr. Terry Dutko, For Appointment: • USCO. Laboratory Director, Food Safety and CCNASWP recommends that Fiji be Inspection Service, Office of Public appointed for a first term as Regional U.S. Participation: Yes (as an observer). Health Science, U.S. Department of Coordinator for North America and the Agriculture, 4300 Goodfellow Building, South West Pacific. Contact Information 105D Federal, St. Louis, MO 63120– Responsible Party: USDA/TFAA/ U.S. Codex Office, United States 0005, Phone: +1 (314) 263–2680, USCO. Extension 344, [email protected]. U.S. Participation: Yes. Department of Agriculture, Room 4861, South Agriculture Building, 1400 Food Additives Coordinating Committee for the Near Independence Avenue SW, Washington, East DC 20250–3700, Phone: +1 (202) 205– (Host Government—China) The Committee (CCNEA) convened its 7760, Fax: +1 (202) 720–3157, Email: U.S. Delegate: Dr. Paul S. Honigfort, 10th Session November 18–22, 2019 in [email protected]. Ph.D., Director, Division of Food Rome, Italy. ATTACHMENT 2 Contact Substances, Office of Food The committee discussed the Additive Safety, U.S. Food and Drug following agenda items: U.S. Codex Alimentarius Officials Administration, 5001 Campus Drive • Keynote address and discussion: Chairpersons from the United States (HFS–275), College Park, MD 20740, Chemicals in food—the invisible Phone: +1 (240) 402–1206, Fax: +1 (301) Codex Committee on Food Hygiene challenge, when do we need to be 436–2965, [email protected]. worried and what do we need to know?; Dr. Emilio Esteban, DVM, MBA, Alternate Delegate: Dr. Daniel Folmer, • Food safety and quality situation in MPVM, Ph.D., Chief Scientist, Office of Ph.D., Chemist, Center for Food Safety the countries of the region: Current and Public Health Science, Food Safety and and Applied Nutrition, U.S. Food and emerging issues in the region; Inspection Service, U.S. Department of Drug Administration, 5001 Campus • The Future of Food Safety: Agriculture, 1400 Independence Ave. Drive (Room 3017 HFS–265), College Outcome of the First FAO/WHO/AU SW, Room 2129-South Building, Park, MD 20740, Phone: +1 (240) 402– International Food Safety Conference Washington, DC 20250, Phone: +1 (202) 1274, [email protected]. and the International Forum on Food 690–9058, [email protected]. Food Hygiene Safety and Trade; Codex Committee on Processed Fruits • Food safety and quality situation in (Host Government—United States) and Vegetables the countries of the region: Use of the U.S. Delegate: Ms. Jenny Scott, Senior online platform for information sharing Mr. Richard Boyd, Chief, Contract Advisor, Office of Food Safety, Center on food safety control systems; status of Services Branch, Specialty Crops for Food Safety and Applied Nutrition, information and future plans/prospects; Inspection Division, Specialty Crops U.S. Food and Drug Administration, • Use of Codex standards in the Program, Agricultural Marketing 5001 Campus Drive, HFS–300, Room region; Service, U.S. Department of Agriculture, 3B–014, College Park, MD 20740–3835, • Matters Arising from the Codex 1400 Independence Avenue SW, Mail Phone: +1 (240) 402–2166, Fax: +1 (301) Alimentarius Commission and other Stop 0247, Washington, DC 20250, 436–2632, [email protected]. Codex committees; Phone: +1 (202) 690–1201, Fax: +1 (202) Alternate Delegate: Dr. William K. • Codex work relevant to the region; 690–1527, [email protected]. Shaw, Jr., Executive Associate for

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Laboratory Services, Office of Public Methods of Analysis and Sampling Residues of Veterinary Drugs in Foods Health Science, U.S. Department of (Host Government—United States) Agriculture, 1400 Independence Ave. (Host Government—Hungary) U.S. Delegate: Ms. Brandi Robinson, SW, Room 3805, South Building, U.S. Delegate: Dr. Gregory Noonan, MPH, CPH, ONADE International Washington, DC 20250, Phone: +1 (202) Director, Division of Bioanalytical Coordinator, Center for Veterinary 720–6246, [email protected]. Chemistry, Center for Food Safety and Medicine, U.S. Food and Drug Alternate Delegate: Dr. Andrew Chi Applied Nutrition, Food and Drug Yuen Yeung, Ph.D., Branch Chief, Egg Administration, 7500 Standish Place Administration, 5001 Campus Drive, (HFV–100), Rockville, MD 20855, and Meat Products Branch, Division of College Park, MD 20740, Phone: +1 Dairy, Egg and Meat Products, Office of Phone: +1 (240) 402–0645, (240) 402–2250, Fax: +1 (301) 436–2332, Food Safety, Center for Food Safety and [email protected]. [email protected]. Applied Nutrition, U.S. Food and Drug Alternate Delegate: Dr. Louis Bluhm, Administration, 5001 Campus Drive, Alternate Delegate: Dr. Timothy Director, Laboratory Quality Assurance College Park, MD 20740, Phone: +1 Norden, Ph.D., Technology and Science Division, Office of Public Health (240) 402–1541, Fax: +1 (301) 436–2632, Division, Federal Grain Inspection Science, Food Safety and Inspection [email protected]. Program, Agricultural Marketing Service, U.S. Department of Agriculture, Service, U.S. Department of Agriculture, Russell Research Center, 950 College Food Import and Export Certification 10383 N Ambassador Drive, Kansas Station Road, Suite PB–4, Athens, GA and Inspection Systems City, MO 64153, Phone: +1 (816) 891– 30605, Phone: +1 (706) 546–2359, (Host Government—Australia) 0470, Fax: +1 (816) 872–1253, [email protected]. U.S. Delegate: Ms. Mary Stanley, [email protected]. Worldwide Commodity Codex Senior Advisor, Office of International Nutrition and Foods for Special Dietary Committees (Active) Coordination, Food Safety and Uses Cereals, Pulses and Legumes Inspection Service, U.S. Department of Agriculture, 1400 Independence Avenue (Host Government—Germany) (Host Government—United States) SW, Room 3151, Washington, DC 20250, U.S. Delegate: Dr. Douglas Balentine, U.S. Delegate: Henry Kim, Ph.D., Phone: +1 (202) 720–0287, Fax: +1 (202) Senior Policy Analyst, Office of Food 690–3856, [email protected]. Senior Science Advisor International Nutrition Policy, Center for Food Safety Safety, Center for Food Safety and Alternate Delegate: Ms. Caroline Applied Nutrition, U.S. Food and Drug and Applied Nutrition, U.S. Food and Smith DeWaal, International Food Administration, 5001 Campus Drive Drug Administration, 5001 Campus Safety Policy Manager, Office of the (HFS–317), College Park, MD, USA Drive (HFS–830), College Park, MD Center Director, Center for Food Safety 20740–3835, Phone: +1 (240) 402–2023, 20740, Phone: +1 (240) 672–7292, Fax: and Applied Nutrition, U.S. Food and [email protected]. Drug Administration, 5001 Campus +1 (301) 436–2636, douglas.balentine@ Alternate Delegate: Mr. Patrick Drive, Room 4A011, College Park, MD fda.hhs.gov. McCluskey, Supervisory Agricultural 20740, Phone: +1 (240) 402–1242, Alternate Delegate: Dr. Pamela R. Marketing Specialist, Agricultural [email protected]. Pehrsson, Ph.D., Lead Scientist, Marketing Service, Federal Grain Food Labelling Methods and Application of Food Inspection Service, U.S. Department of Composition Laboratory, Agricultural Agriculture, 10383 N Ambassador Drive, (Host Government—Canada) Research Service, U.S. Department of Kansas City, MO 64153, Phone: +1 (816) U.S. Delegate: Dr. Douglas Balentine, Agriculture, Room 105, Building 005, 659–8403, patrick.j.mccluskey@ Senior Science Advisor International BARC-West, 10300 Baltimore Avenue, usda.gov. Nutrition Policy, Center for Food Safety Beltsville, MD 20705, Phone: +1 (301) Fats and Oils and Applied Nutrition, U.S. Food and 504–0630, Fax: +1 (301) 504–0632, Drug Administration, 5001 Campus [email protected]. (Host Country—Malaysia) Drive (HFS–830), College Park, MD Pesticide Residues U.S. Delegate: Dr. Paul South, Ph.D., 20740, Phone: +1 (240) 672–7292, Fax: Director, Division of Plant Products and +1 (301) 436–2636, douglas.balentine@ (Host Government—China) Beverages, Office of Food Safety, Center fda.hhs.gov. for Food Safety and Applied Nutrition, Alternate Delegate: Mr. Bryce Carson, U.S. Delegate: Captain David Miller, U.S. Food and Drug Administration, Program Analyst, Office of Policy & Chief, Chemistry and Exposure Branch, 5001 Campus Drive (HFS–317), College Program Development, Food Safety and and Acting Chief, Toxicology and Park, MD 20740, Phone: +1 (240) 402– Inspection Service, U.S. Department of Epidemiology Branch, Health Effects 1640, Fax: +1 (301) 436–2632, Agriculture, Denver Federal Center, Division, U.S. Environmental Protection [email protected]. Building 45, Entrance S–3, 695 Kipling Agency, William Jefferson Clinton Alternate Delegate: Dr. Jill K. Moser, Street, Denver, CO 80215, Phone: +1 Building, 1200 Pennsylvania Avenue Ph.D., Lead Scientist, Functional Oil (303) 236–9819, [email protected]. NW, Washington, DC 20460, Phone: +1 Research, Agricultural Research Service, (703) 305–5352, Fax: +1 (703) 305–5147, National Center for Agricultural General Principles [email protected]. Utilization Research, U.S. Department of (Host Government—France) Alternate Delegate: Dr. John Johnston, Agriculture, 1815 North University U.S. Delegate: Ms. Mary Frances Ph.D., Scientific Chemist and Scientific Street, Peoria, IL 61604, Phone: +1 (309) Lowe, U.S. Manager for Codex Liaison, Food Safety and Inspection 681–6390, [email protected]. Alimentarius, U.S. Codex Office, U.S. Service, U.S. Department of Agriculture, Fresh Fruits and Vegetables Department of Agriculture, 1400 2150 Centre Avenue, Building D, Room Independence Avenue SW, Room 4861, 2083, Fort Collins, CO 80526, Phone: +1 (Host Government—Mexico) Washington, DC 20250, Phone: +1 (202) (202) 365–7175, john.johnston@ U.S. Delegate: Mr. Dorian LaFond, 720–2057, [email protected]. usda.gov. International Standards Coordinator,

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Fruit and Vegetables Program, Specialty Worldwide Ad Hoc Codex Task Forces Milk and Milk Products (adjourned sine Crop Inspection Division, Agricultural (Active) die 2017) Marketing Service, U.S. Department of Antimicrobial Resistance (Reactivated (Host Government—New Zealand) Agriculture, 1400 Independence Avenue 2016) SW—Mail Stop 0247, Washington, DC U.S. Delegate: Mr. Christopher 20250–0247, Phone: +1 (202) 690–4944, (Host Government—Republic of Korea) Thompson, Chief, Dairy Standardization Fax: +1 (202) 690–1527, dorian.lafond@ Branch, Agricultural Marketing Service, U.S. Delegate: Dr. Donald A. Prater, U.S. Department of Agriculture, 1400 usda.gov. DVM, Assistant Commissioner for Food Independence Avenue SW, Mail Stop Alternate Delegate: Dr. David T. Safety Integration, Office of Foods and 0230, Room 2756, Washington, DC Ingram, Ph.D., Consumer Safety Officer, Veterinary Medicine, U.S. Food and 20250, Phone: +1 (202) 720–9382, Fax: Office of Food Safety, Fresh Produce Drug Administration, 10903 New +1 (844) 804–4701, Branch, Division of Produce Safety, Hampshire Avenue, Silver Spring, MD [email protected]. Center for Food Safety and Applied 20993, Phone: +1 (301) 348–3007, Alternate Delegate: Mr. John F. Nutrition, U.S. Food and Drug [email protected]. Sheehan, Senior Advisor for Compliance and Enforcement, Office of Administration, 5001 Campus Drive, Alternate Delegate: Dr. Neena Food Safety, Center for Food Safety and Room 3E027, College Park, MD 20740– Anandaraman, DVM, MPH, Veterinary Applied Nutrition, U.S. Food and Drug 3835, Phone: +1 (240) 402–0335, Science Policy Advisor, Office of Chief Administration (HFS–315), Harvey W. [email protected]. Scientist, U.S. Department of Wiley Federal Building, 5001 Campus Agriculture, Jamie L. Whitten Building, Processed Fruits and Vegetables Drive, College Park, MD 20740, Phone: Room 339A, 1200 Independence +1 (240) 402–1488, Fax: +1 (301) 436– (Host Government—United States) Avenue SW, Washington, DC 20024, 2632, [email protected]. Phone: +1 (202) 260–8789, U.S. Delegate: Mr. Dorian LaFond, [email protected]. Natural Mineral Waters (adjourned sine International Standards Coordinator, die 2008) Fruit and Vegetables Program, Specialty Worldwide Commodity Codex Crop Inspection Division, Agricultural Committees (Adjourned) (Host Government—Switzerland) Marketing Service, U.S. Department of Cocoa Products and Chocolate Delegate: Vacant. Agriculture, 1400 Independence Avenue (adjourned sine die 2001) Codex Committee on Sugars (CCS) SW—Mail Stop 0247, Washington, DC 20250–0247, Phone: +1 (202) 690–4944, (Host Government—Switzerland) (Host Government—Colombia) Fax: +1 (202) 690–1527, dorian.lafond@ U.S. Delegate: Dr. Michelle Smith, U.S. Delegate: Dr. Chia-Pei Charlotte usda.gov. Ph.D., Senior Policy Analyst, Office of Liang, Chemist, Office of Food Safety, Alternate Delegate: Dr. Rhoma Food Safety, Center for Food Safety and Center for Food Safety and Applied Johnson, Ph.D., Consumer Safety Applied Nutrition, U.S. Food and Drug Nutrition, U.S. Food and Drug Officer, Division of Plant Products and Administration, 5001 Campus Drive Administration, 5001 Campus Drive, Beverages, Office of Food Safety, Center (HFS–317), College Park, MD 20740– College Park, MD 20740, Phone: +1 for Food Safety and Applied Nutrition, 3835, Phone: +1 (240) 402–2024, Fax: +1 (240) 402–2785, charlotte.liang@ U.S. Food and Drug Administration, (301) 436–2632, michelle.smith@ fda.hhs.gov. 5001 Campus Drive (HFS–317), College fda.hhs.gov. Vegetable Proteins (adjourned sine die Park, MD 20740, Phone: +1 (240) 402– Fish and Fishery Products (adjourned 1989) 2066, [email protected]. sine die 2016) (Host Government—Canada) Spices and Culinary Herbs (Host Government—Norway) Delegate: Vacant. (Host Government—India) U.S. Delegate: Dr. William R. Jones, Ad Hoc Intergovernmental Task Forces (Dissolved) U.S. Delegate: Mr. Dorian LaFond, Principal Deputy Director for Food International Standards Coordinator, Safety Science and Policy, Center for Animal Feeding (Dissolved 2013) Food Safety and Applied Nutrition, U.S. Fruit and Vegetables Program, Specialty (Host government—Switzerland) Crop Inspection Division, Agricultural Food and Drug Administration, 5001 Marketing Service, U.S. Department of Campus Drive, College Park, MD 20740, Delegate: Vacant. Phone: +1 (240) 402–1422, Agriculture, 1400 Independence Avenue [FR Doc. 2020–11984 Filed 6–1–20; 4:15 pm] [email protected]. SW—Mail Stop 0247, Washington, DC BILLING CODE P 20250–0247, Phone: +1 (202) 690–4944, Alternate Delegate: Mr. Steven Fax: +1 (202) 690–1527, dorian.lafond@ Wilson, Deputy Director, Office of usda.gov. International Affairs and Seafood DEPARTMENT OF AGRICULTURE Inspection, National Marine Fisheries Alternate Delegate: Dr. Aparna Service, National Oceanic and Forest Service Tatavarthy, Microbiologist, Spices and Atmospheric Administration, U.S. Forest Service Manual 2750; Special Seasoning Mixes Team, Division of Department of Commerce, 1315 East- Uses Management Manual; Leasing Plant Products and Beverages, Office of West Highway, Silver Spring, Maryland Forest Service Administrative Sites Food Safety, Center for Food Safety and 20910, Phone: +1 (301) 427–8312, Applied Nutrition, U.S. Food and Drug [email protected]. AGENCY: Forest Service, USDA. Administration, 5001 Campus Drive Meat Hygiene (adjourned sine die 2003) ACTION: Notice of availability for public (HFS–317), College Park, MD 20740, comment. Phone: +1 (240) 402–1013, Fax: +1 (301) (Host Government—New Zealand) 436–2632, aparna.tatavarthy@ SUMMARY: The United States Department fda.hhs.gov. Delegate: Vacant. of Agriculture (USDA), United States

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Forest Service (Forest Service), is and clarity of information within the Coordinator, at the above address, by issuing proposed new directives on manual, or ways to streamline processes phone at 307–674–2627, or via email leasing Forest Service administrative outlined in the text. [email protected]. sites. After the public comment period Individuals who use DATES: Comments must be received in closes, the Forest Service will consider telecommunication devices for the deaf writing by July 6, 2020. timely comments that are within the (TDD) may call the Federal Information scope of the proposed directive in the ADDRESSES: Proposed directives may be Relay Service (FIRS) at 1–800–877–8339 development of the final directive. A reviewed and electronic comments may between 8:00 a.m. and 8:00 p.m., notice of the final directive, including a be submitted electronically to https:// Eastern Standard Time, Monday response to timely comments, will be cara.ecosystem-management.org/Public/ through Friday. posted on the Forest Service’s web page CommentInput?project=ORMS-2245. SUPPLEMENTARY INFORMATION: at https://www.fs.fed.us/about-agency/ Written comments may be mailed to regulations-policies/comment-on- Purpose and Need for Action Matthew Fountain, Program Analyst, directives. Lands and Realty Management, 201 14th BNF ecosystems are increasingly Street SW, Washington, DC 20024. All Tina Johna Terrell, threatened by invasive plants. These timely received comments, including Associate Deputy Chief, National Forest plants include several invasive annual names and addresses, will be placed in System. grasses including cheatgrass (Bromus the record and will be available for [FR Doc. 2020–11466 Filed 6–2–20; 8:45 am] tectorum), medusahead (Taeniatherum public inspection and copying. The BILLING CODE 3411–15–P caput-medusae), and ventenata public may inspect comments received (Ventenata dubia). Invasive species are at https://cara.ecosystem- threatening or dominating desired management.org/Public/ DEPARTMENT OF AGRICULTURE native plant communities, big game ReadingRoom?project=ORMS-2245. winter ranges, sage-grouse habitat, soil FOR FURTHER INFORMATION CONTACT: Forest Service and watershed resources, recreation, domestic livestock forage availability, Matthew Fountain, Program Analyst, at Bighorn National Forest; Wyoming; 202–403–8959, by electronic mail to and aesthetic values on the BNF. A shift _ Invasive and Other Select Plant from desired native vegetation to SM.FS.WO [email protected]; or to Management the Federal eRulemaking portal at invasive plants alters wildlife habitat, http://www.regulations.gov. Individuals AGENCY: Forest Service, USDA. decreases wildlife and livestock forage, using telecommunication devices for the ACTION: Notice of intent to prepare an reduces species diversity, increases soil deaf may call the Federal Information environmental impact statement. erosion due to a decrease in surface Relay Service at 800–877–8339 between cover, alters the fire return interval, and 8:00 a.m. and 8:00 p.m. Eastern SUMMARY: The Forest Service, USDA, promotes undesirable monocultures. Standard Time, Monday through Friday. will prepare an environmental impact In addition, there are select native SUPPLEMENTARY INFORMATION: This statement (EIS) to disclose the effects of plant species, such as sagebrush and proposed directive would set forth continued control of noxious, invasive, larkspur, in need of management to direction for leasing Forest Service and select native plant species through meet desired conditions for wildlife and administrative sites. Proposed direction the integration of manual, mechanical, livestock forage. This analysis will would implement section 8623 of the biological, ground herbicide, and aerial consider the use of various treatments to Agriculture Improvement Act of 2018, herbicide control methods on the achieve desired conditions for Public Law 115–334, and leasing Bighorn National Forest (BNF). Effects sagebrush including a mix of early-, provisions of the Forest Service Facility analysis of these treatments will be mid-, and late-structural stages. Realignment and Enhancement Act of projected over the next 10 to 20 years. The purpose of this project is to 2005. The leasing provisions of these The BNF is currently treating noxious prevent and reduce the loss of native Acts provide Forest Service the weeds and invasive plants under the plant communities associated with the authority to lease Forest Service June 19, 1998 Decision Notice, Noxious spread of invasive plant species, to meet Weed Management. There is a need to administrative sites and up to 10 desired conditions for select native update this decision since it did not isolated, undeveloped parcels of not plant species, and to reduce the impacts include consideration of aerial more than 40 acres each, for from invasive plants on other resources. application of herbicides, the presence consideration equivalent to their market This purpose would be achieved by of new invasive plant populations, or value. addressing the following needs: This manual is a new addition to the herbicide treatments of select native • To meet existing law, regulation 2700 Special Uses Management series, plant species to achieve desired and agency policy directing the Forest and sets forth policy, responsibilities, resource conditions. Service to treat non-native and invasive and programmatic direction for leasing DATES: Comments concerning the scope plants and update existing management Forest Service administrative sites. The of the analysis must be received by July direction to include new invasive plant Forest Service has determined that this 20, 2020. The draft EIS is expected species and new treatments. manual formulates a standard, criterion, November 2020 and the final EIS is • To make cooperative treatment and or guideline applicable to a Forest expected June 2021. control of invasive plant species more Service program and is therefore ADDRESSES: Send written comments to consistent and effective across land publishing the proposed manual for Forest Supervisor, Bighorn National ownership boundaries. public comment under 36 CFR part 216. Forest, 2013 Eastside Second Street, • To help meet or maintain desired The Forest Service is seeking public Sheridan, Wyoming 82801. Comments resource conditions on the BNF. This comment on all content within the may also be sent via email to comments- includes: proposed manual. Comment is also [email protected], or via facsimile to Æ Limiting the spread of invasive invited on the sufficiency of the 307–674–2668. plant species into areas with little or no proposed manual in meeting its stated FOR FURTHER INFORMATION CONTACT: infestation and reducing fuel loading objectives, ways to enhance the utility Christopher D. Jones, Project and the resulting fire hazard and/or risk;

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Æ achieving desired conditions for and (10) areas where invasive weeds Possible Alternatives select native plant species (for example, already exist. It is anticipated that the The Forest Service will consider a sagebrush and larkspur), through the Forest Service may receive requests reasonable range of alternatives, use of herbicides and the other actions; from intermingled and adjacent Æ including a no action alternative. The using adaptive management in the landowners to be partners on projects action alternatives could vary in the treatment of invasive and select native that might be proposed to treat invasive amount and location of areas considered plant species in order to meet desired and other plant populations that are for treatment. The BNF may consider conditions as existing resource and found on multiple land ownerships that the herbicide treatment of select native managerial conditions change over time; include National Forest System lands. plant species, such as sagebrush and and Northeast Wyoming, specifically Æ larkspur, as an alternative separate from safely and effectively applying Sheridan, Johnson, and Campbell invasive species, in order to better herbicides, in uniform applications, on Counties, is the only known location in differentiate the environmental the steeper slopes that characterize the northern Great Plains eco-region consequences. critical big game winter ranges. with medusahead and ventenata. The Responsible Official Proposed Action BNF would be unable to effectively perform its shared stewardship The Forest Supervisor for the BNF is The Forest Service, through the responsibilities if unable to aerially treat the Responsible Official. application of a revised treatment them. strategy, proposes to continue to treat Nature of Decision To Be Made The selection of control methods is invasive and select native plant species not a choice of one tool over another, Given the purpose and need, the on the BNF through a combination of but rather a selection of a combination Responsible Official will review the control methods based on site-specific of tools that would be most effective on proposed action, the other alternatives conditions and circumstances, EPA (including the ‘cost or benefit’ of the no target species for a location. labels, USDA Animal and Plant Health action alternative), and the Inspection Service (APHIS) direction, The BNF would also utilize the environmental consequences in order to state statute requirements for herbicide proposed control methods listed above determine whether to expand current application licensing, and resource to manage select native plant species, efforts to control and manage invasive protection measures to ensure that including sagebrush and larkspur, in species and select native plant species; treatment methods are properly used. order to achieve desired ecosystem and what control methods and herbicides The proposed action would utilize a habitat conditions. For sagebrush, the would be used; what protection and variety of tools, singularly or in BNF has a successful history of burning monitoring measures would be required; combination, to implement an and mowing with the objective of and whether to include an adaptive integrated vegetation management creating a diversity of early-, mid-, and management approach to address future strategy. Proposed control methods late-seral stages. spread of invasive weeds or select include: The proposed action would broaden native plant species. • Mechanical methods, such as hand- the current plant management methods National and regional policies and pulling, mowing or cutting; and strategies by: Forest Plan direction require • Revegetation, where competitive • Utilizing best available science to consideration of effects of all projects on vegetation is seeded to reduce invasive develop desired conditions for other invasive plant spread and species, possibly after other treatments; implementation of preventative • select native plant species prior to Grazing with livestock; identifying treatments; measures where practical to limit those • Biological control using predators, • Treating new infestations through effects. In addition, Forest Plan parasites, and pathogens; direction requires consideration of • Herbicide control using ground- adaptive management tools for assessing new treatments and new sites; achievement of desired conditions for based or aerial application methods; native vegetation and habitats. • • Prescribed fire (may be conducted Treating new and existing invasive Reconsideration of other existing in conjunction with herbicide species in addition to those listed as project-level decision or application); noxious weeds by the State of Wyoming; programmatically prescribing protection • Education programs to inform • Permitting the use of newly measures or standards for future forest people of the effects of invasive plant developed, more species-specific, EPA- management activities are beyond the infestations, methods of spread, and registered herbicides. A Forest Service scope of this document. preventative management opportunities and state agency cooperator assessment Preliminary Issues and practices; and team would be established to review the • Prevention by using practices that EPA-issued registration eligibility Issues identified by the Forest Service reduce invasive plant spread, including decision and determine the new at this time include the effects of a weed-free forage and gravel program herbicide’s appropriateness for use on treatments on native vegetation, and washing vehicles to remove seeds public lands; biological diversity, natural and plant parts. • Broadening control methods to productivity, and habitat structure. Potential treatment areas include, but Preliminary issues also include effects are not limited to the following: (1) Any include the use of aerial application of herbicides in limited or specific of herbicides on threatened, infestations near landownership endangered, or sensitive species and boundaries, especially where the circumstances; • their habitats; on soils, water, and adjacent landowners are treating their Broadening protection measures for aquatic resources; and on human health. lands; (2) crucial big game winter ranges ground and aerial applications of The public is encouraged to identify and other species habitat areas; (3) fuels herbicides; and additional issues in their comments. reduction project areas; (4) burned • Broadening management methods areas; (5) roads and trails; (6) power to meet desired conditions by treating Scoping Process lines; (7) rights-of-ways; (8) gravel and select native plant species to include the This notice of intent initiates the rock quarries; (9) timber harvest areas; use of herbicides. scoping process, which guides the

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development of the EIS. Public opening date for the application Paperwork Reduction Act (PRA) of participation will be especially window. These documents referenced 1995, invites the general public and important at several points during the an incorrect program name in the DATES other Federal agencies to comment on analysis, beginning with the scoping section of both notices. proposed, and continuing information process (40 CFR 1501.7). The decision FOR FURTHER INFORMATION CONTACT: collections, which helps us assess the and reasons for the decision will be Anthony Crooks: Telephone (202) 205– impact of our information collection documented in a Record of Decision. 9322, email: [email protected]. requirements and minimize the public’s The decision will be subject to Forest Persons with disabilities that require reporting burden. The purpose of this Service Project-Level Predecisional alternative means for communication notice is to allow for 60 days of public Administrative Review Process should contact the U.S. Department of comment on the proposed revision of (Objection Process) (36 CFR part 218, Agriculture (USDA) Target Center at the Annual Wholesale Trade Survey, subparts A and B). It is important that (202) 720–2600 (voice). prior to the submission of the reviewers provide their comments at SUPPLEMENTARY INFORMATION: information collection request (ICR) to such times and in such manner that OMB for approval. Correction they are useful to the agency’s DATES: To ensure consideration, preparation of the EIS. (1) In the Federal Register of May 5, comments regarding this proposed Therefore, comments should be 2020, in FR Doc. 2020–09685, on page information collection must be received provided prior to the close of the 26657, in the first column, correct the on or before August 3, 2020. comment period and should clearly DATES caption to read: ADDRESSES: Interested persons are articulate the reviewer’s concerns and DATES: The Agency will finalize the contentions. Comments received in invited to submit written comments by application window for enrollment in email to [email protected]. response to this solicitation, including the Higher Blends Infrastructure names and addresses of those who Please reference Annual Wholesale Incentive Program by future notice in Trade Survey in the subject line of your comment, will become part of the public the Federal Register and Grants.gov record for this proposed action. comments. You may also submit subject to the opening of the electronic comments, identified by Docket Number Comments submitted anonymously will application system. be accepted and considered; however, USBC–2020–0014, to the Federal (2) In the Federal Register of May 15, e-Rulemaking Portal: http:// anonymous comments will not provide 2020, in FR Doc. 2020–10487, on page the respondent eligibility to participate www.regulations.gov. All comments 29394, in the third column, correct the received are part of the public record. in subsequent administrative or judicial DATES caption to read: review. No comments will be posted to http:// DATES: Applications for the Higher www.regulations.gov for public viewing Allen Rowley, Blends Infrastructure Incentive Program until after the comment period has Associate Deputy Chief, National Forest will be accepted from May 15, 2020 closed. Comments will generally be System. through August 13, 2020. Applications posted without change. All Personally [FR Doc. 2020–11928 Filed 6–2–20; 8:45 am] received after 11:59 p.m. Eastern Identifiable Information (for example, BILLING CODE 3411–15–P Daylight Time on August 13, 2020, will name and address) voluntarily not be considered. The grant period is submitted by the commenter may be not to exceed 18-months, unless publicly accessible. Do not submit DEPARTMENT OF AGRICULTURE otherwise specified in the Grant Confidential Business Information or Agreement or agreed to by CCC. otherwise sensitive or protected Commodity Credit Corporation information. You may submit Robert Stephenson, attachments to electronic comments in Rural Business-Cooperative Service Executive Vice President, Commodity Credit Microsoft Word, Excel, or Adobe PDF Corporation. file formats. Notice of Funds Availability for the Mark Brodziski, Higher Blends Infrastructure Incentive Acting Administrator, Rural Business- FOR FURTHER INFORMATION CONTACT: Program (HBIIP) for Fiscal Year 2020 Cooperative Service. Requests for additional information or and Solicitation of Applications for the [FR Doc. 2020–11977 Filed 6–2–20; 8:45 am] specific questions related to collection Higher Blends Infrastructure Incentive BILLING CODE P activities should be directed to John Program (HBIIP) for Fiscal Year 2020; Dougherty, Chief, Wholesale Trade Correction Branch, Economy-Wide Statistics Division, U.S. Census Bureau, 4600 AGENCY: Commodity Credit Corporation DEPARTMENT OF COMMERCE Silver Hill Road, Washington, DC and the Rural Business-Cooperative 20233; (301) 763–8936; or Service, USDA. U.S. Census Bureau [email protected]. ACTION: Notice; correction. Agency Information Collection SUPPLEMENTARY INFORMATION: SUMMARY: The Commodity Credit Activities; Submission to the Office of I. Abstract Corporation and the Rural Business- Management and Budget (OMB) for Cooperative Service, USDA published a Review and Approval; Comment The Annual Wholesale Trade Survey notice in the Federal Register on May Request; Annual Wholesale Trade (AWTS) covers employer firms with 5, 2020 regarding the Notice of Funds Survey establishments located in the United Availability for the Higher Blends AGENCY: U.S. Census Bureau, States and classified in the wholesale Infrastructure Incentive Program (HBIIP) Commerce. trade sector, as defined by the North for Fiscal Year 2020 and a notice on ACTION: Notice of Information American Industry Classification May 15, 2020, regarding the Solicitation Collection, request for comment. System (NAICS). This includes of Applications for the Higher Blends distributors, manufacturers’ sales Infrastructure Incentive Program (HBIIP) SUMMARY: The Department of branches and offices, and agents and for Fiscal Year 2020 announcing the Commerce, in accordance with the brokers.

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Firms are selected for this survey the three remaining form types will expenditures for accounting or records using a stratified simple random continue to ask a different subset of the maintenance services required sample. For the AWTS, the strata are data items previously mentioned. This specifically by the collection.) defined by type of operation, industry, ensures businesses only see items that Respondent’s Obligation: Mandatory. and annual sales size. The sample is are relevant to their type of operation. Legal Authority: Title 13 U.S.C. drawn from the Business Register (BR), Government agencies, private Sections 131 and 182. which is the Census Bureau’s master businesses, and researchers often use business list. The BR contains basic the estimates generated from the AWTS. IV. Request for Comments economic information for more than 7.4 For example, the AWTS serves as a We are soliciting public comments to million employer businesses and over benchmark for the estimates produced permit the Department/Bureau to: (a) 22.5 million nonemployer businesses; it from the Census Bureau’s Monthly Evaluate whether the proposed is updated through direct data Wholesale Trade Survey (MWTS). BEA information collection is necessary for collections and administrative records utilizes the data when developing its the proper functions of the Department, from other federal agencies. In order to gross domestic product (GDP) estimates including whether the information will account for new businesses (births) and and the national accounts’ input-output have practical utility; (b) Evaluate the businesses that discontinue operations tables. The Bureau of Labor Statistics accuracy of our estimate of the time and (deaths), the AWTS sample is updated (BLS) uses the data as an input to its cost burden for this proposed collection, quarterly. The sample is also updated to producer price indices and in including the validity of the reflect mergers, acquisitions, developing productivity measurements. divestitures, splits, and other changes to methodology and assumptions used; (c) Furthermore, business and industry Evaluate ways to enhance the quality, the business universe. groups utilize the data to forecast future Data are collected electronically using utility, and clarity of the information to demand. be collected; and (d) Minimize the Centurion, the Census Bureau’s secure Estimates generated from the AWTS reporting burden on those who are to online reporting instrument. This are released to the public approximately respond, including the use of automated system is designed to make the 14 months after the reference year has collection techniques or other forms of reporting process more flexible and concluded. These national-level information technology. convenient for respondents. The estimates are published (for the various response-driven nature of the items collected) by NAICS code and Comments that you submit in instrument also reduces respondent type of operation. Currently, the data are response to this notice are a matter of burden. Data are automatically stored, disseminated through the AWTS public record. We will include, or and the results are available website. Beginning with survey year summarize, each comment in our immediately to the Census Bureau. If a 2020, the Census Bureau also will request to OMB to approve this ICR. company does not have access to the release the data via the Census Bureau’s Before including your address, phone internet, the Census Bureau can arrange dissemination platform, number, email address, or other for the business to provide its data to an data.census.gov. personal identifying information in your analyst via telephone. comment, you should be aware that The data items requested in the II. Method of Collection your entire comment—including your AWTS include annual sales, The Census Bureau primarily collects personal identifying information—may e-commerce sales, number of this information via the internet. In the be made publicly available at any time. establishments, inventories, purchases, rare situation where a respondent does While you may ask us in your comment operating expenses, commissions, sales not have access to the internet, the data to withhold your personal identifying on own account, and gross selling value. are collected by telephone. information from public review, we In response to a request from the Bureau cannot guarantee that we will be able to of Economic Analysis (BEA), the 2022 III. Data do so. AWTS will also collect detailed OMB Control Number: 0607–0195. operating expenses and sales tax Form Number(s): SA–42A, SA–42A– Sheleen Dumas, information. Respondents are only MSBO, SA–42A–AGBR. Department PRA Clearance Officer, Office of asked to provide data for these two Type of Review: Regular submission, the Chief Information Officer, Commerce Department. items in years ending in 2 and 7, which Revision of a currently approved coincide with the Economic Census collection. [FR Doc. 2020–11961 Filed 6–2–20; 8:45 am] collection. For survey year 2020, the Affected Public: Business or other for- BILLING CODE 3510–07–P AWTS may include additional profit organizations. questions related to the impact Estimated Number of Respondents: coronavirus disease 2019 (COVID–19) 7,743. DEPARTMENT OF COMMERCE had on firms. A final decision has not Estimated Time per Response: 31.2 Census Bureau been made yet on the inclusion of these minutes (2020 and 2021 survey years). questions. 85.2 minutes (2022 survey year— Agency Information Collection From survey year 2016 through additional items collected). Activities; Submission to the Office of survey year 2019, there were five Estimated Total Annual Burden Management and Budget (OMB) for electronic form types (SA–42, SA–42A, Hours: 4,026 hours (2020 and 2021 Review and Approval; Comment SA–42A–MSBO, SA–42–AGBR, and survey years). 10,995 hours (2022 Request; Generic Clearance for SA–42A–AGBR). Starting with survey survey year—additional items Internet Panel Pretesting and year 2020 (which will be collected in collected). Qualitative Survey Methods Testing 2021), there will only be three electronic Estimated Total Annual Cost to form types (SA–42A, SA–42A–MSBO, Public: $0 (This is not the cost of AGENCY: U.S. Census Bureau, and SA–42A–AGBR). SA–42 and SA– respondents’ time, but the indirect costs Commerce. 42–AGBR are being removed to respondents may incur for such things ACTION: Notice of information collection; streamline data collection operations as purchases of specialized software or request for comment. and reduce respondent burden. Each of hardware needed to report, or

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SUMMARY: The Department of pretesting, we can answer some research versions from previous waves. The use Commerce, in accordance with the questions more thoroughly than in the of multiple questionnaires, invitations, Paperwork Reduction Act of 1995 small-scale testing, but less expensively or websites, randomly assigned to (PRA), invites the general public and than in the large-scale field test. permit statistical comparisons, is the other Federal agencies to comment on This research program will be used by critical component here; data collection proposed, and continuing information the Census Bureau and survey sponsors will be via the internet. Comparison of collections, which helps us assess the to test alternative contact methods, revised questionnaires (or invitations) impact of our information collection including emails and text messages, against a control version, preferably, or requirements and minimize the public’s improve online questionnaires and against each other facilitates statistical reporting burden. The purpose of this procedures, reduce respondent burden, evaluation of the performance of notice is to allow for 60 days of public and ultimately increase the quality of alternative versions of the questionnaire comment on the proposed extension of data collected in the censuses and (or invitation or website). the Generic Clearance for Internet Panel surveys. We will use the clearance to The number of versions tested and the Pretesting, prior to the submission of the conduct experimental pretesting of number of cases per version will depend information collection request (ICR) to decennial and demographic census and on the objectives of the test. We cannot OMB for approval. survey questionnaires prior to fielding specify with certainty a minimum panel DATES: To ensure consideration, them as well as communications and/or size, although we would expect that no comments regarding this proposed marketing strategies and data questionnaire versions would be information collection must be received dissemination tools for the Census administered to less than fifty on or before August 3, 2020. Bureau. The primary method of respondents. ADDRESSES: Interested persons are identifying measurement problems with Split sample tests that incorporate invited to submit written comments by the questionnaire or survey procedure is methodological questionnaire design mail to [email protected]. Please split panel tests. This will encompass experiments will have a larger reference OMB Control Number 0607– both methodological and subject matter maximum sample size (up to several 0978 in the subject line of your research questions that can be tested on hundred cases per panel) than other comments. You may also submit a medium-scale internet panel. pretest methods. This will enable the comments, identified by Docket Number This research program will also be detection of statistically significant USBC–2020–0007, to the Federal used by the Census Bureau for remote differences, and facilitate e-Rulemaking Portal: http:// usability testing of electronic interfaces methodological experiments that can www.regulations.gov. All comments and to perform other qualitative extend questionnaire design knowledge received are part of the public record. analyses such as respondent debriefings. more generally for use in a variety of No comments will be posted to http:// An advantage of using remote, medium- Census Bureau data collection www.regulations.gov for public viewing scale testing is that participants can test instruments. Usability Interviews: This method until after the comment period has products at their convenience using involves getting respondent input to aid closed. Comments will generally be their own equipment, as opposed to using Census Bureau-supplied in the development of automated posted without change. All Personally computers. A diverse participant pool questionnaires and websites and Identifiable Information (for example, (geographically, demographically, or associated materials. The objective is to name and address) voluntarily economically) is another advantage. identify problems that keep respondents submitted by the commenter may be Remote usability testing would use click from completing automated publicly accessible. Do not submit through rates and other paradata, questionnaires accurately and efficiently Confidential Business Information or accuracy and satisfaction scores, and with minimal burden, or that prevent otherwise sensitive or protected written qualitative comments to respondents from successfully information. You may submit determine optimal interface designs and navigating websites and finding the attachments to electronic comments in to obtain feedback from respondents. information they seek. Remote usability Microsoft Word, Excel, or Adobe PDF The public is currently offered an testing may be conducted under this file formats. opportunity to participate in this clearance, whereby a user would receive FOR FURTHER INFORMATION CONTACT: research remotely, by signing up for an an invitation to use a website or survey, Requests for additional information or online research panel. If a person opts then answer targeted questions about specific questions related to collection in, the Census Bureau will occasionally that experience. activities should be directed to Jennifer email (or text, if applicable) the person Qualitative Interviews: This method Hunter Childs, U.S. Census Bureau, an invitation to complete a survey for involves one-on-one (or sometimes 4600 Silver Hill Road, Center for one of our research projects. Invited group) interviews in which the Behavioral Science Methods, respondents will be told the topic of the respondent is typically asked questions Washington, DC 20233 or (202)603– survey, and how long it will take to about survey content areas, survey 4827. complete it. Under this clearance, we questions or the survey process. A SUPPLEMENTARY INFORMATION: will also conduct similar-scale and number of different techniques may be similarly designed research using other involved, including cognitive interviews I. Abstract email lists to validate preliminary and focus groups. The objective is to The Census Bureau is committed to findings and expand the research. identify problems of ambiguity or conducting research in a cost-efficient misunderstanding, or other difficulties manner. The U.S. Census Bureau plans II. Method of Collection respondents may have answering survey to request an extension of the current Split sample experiments. This questions in order to improve the OMB approval to conduct a series of involves testing alternative versions of information ultimately collected in large medium-scale internet-based tests, as a questionnaires, invitations to scale surveys and censuses. cost-efficient method of testing questionnaires (e.g., emails or text Data collection for this project is questions and contact strategies over the messages), or websites, at least some of authorized under the authorizing internet through different types of which have been designed to address legislation for the questionnaire being samples. Using internet panel problems identified in draft versions or tested. This may be Title 13, Sections

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131, 141, 161, 181, 182, 193, and 301 for IV. Request for Comments Title: Voting and Registration Census Bureau-sponsored surveys, and We are soliciting public comments to Supplement. Title 13 and 15 for surveys sponsored by permit the Department/Bureau to: (a) OMB Control Number: 0607–0466. Form Number(s): There are no forms. other Federal agencies. We do not now Evaluate whether the proposed We conduct all interviews on know what other titles will be collection of information is necessary computers. referenced, since we do not know what for the proper performance of the Type of Request: Regular submission. survey questionnaires will be pretested functions of the Department, including during the course of the clearance. Number of Respondents: 52,000. whether the information shall have Average Hours per Response: Literature on and considerations practical utility; (b) Evaluate the Approximately one and one-half about the use of internet samples for accuracy of our estimate of the time and minutes per response. this type of work have been thoroughly cost burden for this proposed collection, Burden Hours: 1,300. covered by a Task Force commissioned including the validity of the Needs and Uses: This survey has by the American Association for Public methodology and assumptions used; (c) provided statistical information for Opinion Research and are well Evaluate ways to enhance the quality, tracking historical trends of voter and documented there (Baker, et al., 2013). utility, and clarity of the information to nonvoter characteristics in each The information collected in this be collected; and (d) Minimize the Presidential or Congressional election program of developing and testing reporting burden on those who are to since 1964. The data collected from the questionnaires will be used by staff from respond, including the use of automated November supplement relates the Census Bureau and sponsoring collection techniques or other forms of demographic characteristics (age, sex, agencies to evaluate and improve the information technology. race, education, occupation, and quality of the data in the surveys and Comments that you submit in income) to voting and nonvoting censuses that are ultimately conducted. response to this notice are a matter of behavior. The November CPS Because the questionnaires being tested public record. We will include or supplement is the only source of data under this clearance are still in the summarize each comment in our request that provides a comprehensive set of process of development, the data that to OMB to approve this ICR. Before voter and nonvoter characteristics result from these collections are not including your address, phone number, distinct from independent surveys, considered official statistics of the email address, or other personal media polls, or other outside agencies. Census Bureau or other Federal identifying information in your Federal, state, and local election agencies. Data will be included in comment, you should be aware that officials use these data to formulate research reports prepared for sponsors your entire comment—including your policies relating to the voting and inside and outside of the Census personal identifying information—may registration process. College Bureau. The results may also be be made publicly available at any time. institutions, political party committees, prepared for presentations related to While you may ask us in your comment research groups, and other private survey methodology at professional to withhold your personal identifying organizations also use the voting and meetings or publications in professional information from public review, we registration data. journals. cannot guarantee that we will be able to Affected Public: Individuals or do so. households. III. Data Sheleen Dumas, Frequency: Biennial. OMB Control Number: 0607–0978. Respondent’s Obligation: Voluntary. Department PRA Clearance Officer, Office of Legal Authority: Title 13, United Form Number(s): TBD. the Chief Information Officer, Commerce Type of Review: Regular submission, Department. States Code, Section 182; and Title 29, Request for an Extension, without United States Code, Section 1 authorize [FR Doc. 2020–11957 Filed 6–2–20; 8:45 am] the Census Bureau to collect this Change, of a Currently Approved BILLING CODE 3510–07–P Collection. information. Affected Public: Individuals or This information collection request may be viewed at www.reginfo.gov. households. DEPARTMENT OF COMMERCE Estimated Number of Respondents: Follow the instructions to view 67,600. U.S. Census Bureau Department of Commerce collections Estimated Time per Response: 15 currently under review by OMB. Written comments and minutes. Agency Information Collection recommendations for the proposed Estimated Total Annual Burden Activities; Submission to the Office of information collection should be Hours: 16,900. Management and Budget (OMB) for submitted within 30 days of the Estimated Total Annual Cost to Review and Approval; Comment publication of this notice on the Public: $0. Request; Voting and Registration Supplement following website www.reginfo.gov/ Respondent’s Obligation: Voluntary. public/do/PRAMain. Find this Legal Authority: Data collection for The Department of Commerce will particular information collection by this project is authorized under the submit to the Office of Management and selecting ‘‘Currently under 30-day authorizing legislation for the Budget (OMB) for clearance the Review—Open for Public Comments’’ or questionnaire being tested. This may be following proposal for collection of by using the search function and Title 13, Sections 131, 141, 161, 181, information under the provisions of the entering either the title of the collection 182, 193, and 301 for Census Bureau- Paperwork Reduction Act: The Voting or the OMB Control Number 0607–0466. sponsored surveys, and Title 13 and 15 and Registration Supplement. This for surveys sponsored by other Federal survey, conducted in conjunction with Sheleen Dumas, agencies. We do not now know what the Current Population Survey, is Department PRA Clearance Officer, Office of other titles will be referenced, since we collected biennially from a sample of the Chief Information Officer, Commerce do not know what survey questionnaires housing units identified in the monthly Department. will be pretested during the course of CPS sample. [FR Doc. 2020–11954 Filed 6–2–20; 8:45 am] the clearance. Agency: U.S. Census Bureau. BILLING CODE 3510–07–P

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DEPARTMENT OF COMMERCE time will provide insight into official population estimates and the individuals’ experiences on social and American Community Survey. Weekly Census Bureau economic dimensions during the period source and accuracy documentation will of the Covid–19 pandemic. This survey, provide details about the methods and Agency Information Collection conducted under the auspices of the quality of the survey estimates. Activities; Submission to the Office of Census Bureau’s Experimental Data Management and Budget (OMB) for Series (https://www.census.gov/data/ III. Data Review and Approval; Comment experimental-data-products.html), is OMB Control Number: 0607–1013. Request; Household Pulse Survey designed to supplement the federal Form Number(s): None. AGENCY: U.S. Census Bureau, statistical system’s traditional Commerce. benchmark data products with a new Type of Review: Regular submission. ACTION: Notice of information collection; data source that provides relevant and Affected Public: Individuals and request for comment. timely information based on a high households. quality sample frame, data integration, Estimated Number of Respondents: SUMMARY: The Department of and cooperative expertise. The total number of respondents is Commerce, as part of its continuing Question domains contributed by the estimated at 93,400 per week (a effort to reduce paperwork and Census Bureau (Census), Economic reduction in the initial estimate of respondent burden, invites the general Research Service (ERS), Bureau of Labor 108,000) for 24 weeks (an extension public and other Federal agencies to Statistics (BLS), National Center for from the 12 weeks initially planned) for take this opportunity to comment on the Health Statistics (NCHS), National a total estimate of 2,241,600 potential for extending data collection Center for Education Statistics (NCES), respondents. for the Household Pulse Survey During and the Department of Housing (HUD) COVID–19 Epidemic. The Household seek to measure employment status, Estimated Time per Response: 11 Pulse Survey was launched on April 23, spending, food security, housing, minutes (actual time in production; 2020 with approval from the Office of health, and education disruptions. initial estimate was 20 minutes). Management and Budget to continue Many of the questions that will be asked Estimated Total Annual Burden data collection through July 31, 2020 on this survey have been fielded on Hours: 410,960. other surveys in the past. However, (OMB No. 0607–1013). The Department Estimated Total Annual Cost to some of the questions are new, designed of Commerce may determine it prudent Public: $0. to continue the Household Pulse Survey to explore potential impacts associated after July 31, 2020. This notice serves to with the COVID–19 pandemic response. Respondent’s Obligation: Voluntary. inform the public about this possible II. Method of Collection Legal Authority: Title 13, United continuance. States Code, Sections 8(b), 182 and 196. The Census Bureau will conduct this DATES: To ensure consideration, information collection online using IV. Request for Comments comments regarding the continued Qualtrics as the data collection We are soliciting public comments to Household Pulse Survey information platform. Qualtrics currently is used at permit the Department/Bureau to: (a) collection must be received on or before the Census Bureau for research and Evaluate whether the proposed August 3, 2020. development surveys and provides the information collection is necessary for ADDRESSES: Interested persons are necessary agility to deploy the invited to submit written comments to Household Pulse Survey quickly and the proper functions of the Department, Cassandra Logan, Survey Director, U.S. securely. It operates in the Gov Cloud, including whether the information will Census Bureau, by email to is FedRAMP authorized at the moderate have practical utility; (b) Evaluate the [email protected] or level, and has an Authority to Operate accuracy of our estimate of the time and [email protected]. Please from the Census Bureau to collect cost burden for this proposed collection, reference OMB Control Number 0607– personally identifiable and Title- including the validity of the 1013 in the subject line of your protected data. methodology and assumptions used; (c) comments. Do not submit Confidential The Census Bureau will sample Evaluate ways to enhance the quality, Business Information or otherwise approximately 2,159,000 housing units, utility, and clarity of the information to sensitive or protected information. with an additional approximately be collected; and (d) Minimize the FOR FURTHER INFORMATION CONTACT: 1,100,000 housing units each reporting burden on those who are to Requests for additional information or subsequent week of data collection. The respond, including the use of automated specific questions related to collection survey will be administered over the collection techniques or other forms of activities should be directed to course of 24 weeks starting April 23, information technology. Cassandra Logan, Survey Director, U.S. 2020. Households will be contacted via Comments that you submit in Census Bureau, 4600 Silver Hill Road, email and asked to complete response to this notice are a matter of HQ–7H157, Washington, DC 20233, approximately 50 questions focused on public record. We will include or (301) 763–1087, and Cassandra.Logan@ employment, spending, food security, summarize each comment in our request census.gov. housing, health and educational to OMB to approve this ICR. Before SUPPLEMENTARY INFORMATION: disruption. Prior to production the including your address, phone number, survey was estimated to take 20 email address, or other personal I. Abstract minutes; the actual time for survey identifying information in your The Census Bureau has developed the participants to complete the survey now comment, you should be aware that Household Pulse Survey as an that it is in production is approximately your entire comment—including your experimental endeavor in cooperation 11 minutes. personal identifying information—may with five other federal agencies. The Weekly survey estimates will be be made publicly available at any time. survey is designed to produce near real- produced by weighting the results to While you may ask us in your comment time data in a time of urgent and acute various demographic controls from to withhold your personal identifying need. Changes in the measures over auxiliary sources like the Census Bureau information from public review, we

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cannot guarantee that we will be able to resources provided on the website by necessary to assure such growth do so. clicking on ‘‘How to Use This Site.’’) including investment, exploration, and FOR FURTHER INFORMATION CONTACT: development; Sheleen Dumas, (v) The impact of foreign competition Department PRA Clearance Officer, Office of Industrial Studies Division, Bureau of Industry and Security, U.S. Department on the economic welfare of the the Chief Information Officer, Commerce vanadium industry; Department. of Commerce, (202) 482–5481, [email protected]. Unless (vi) The displacement of any domestic [FR Doc. 2020–11966 Filed 6–2–20; 8:45 am] vanadium production causing BILLING CODE 3510–07–P otherwise protected by law, any information received from the public substantial unemployment, decrease in during the course of this investigation the revenues of government, loss of may be made publicly available. For investment or specialized skills and DEPARTMENT OF COMMERCE productive capacity, or other serious more information about the section 232 effects; Bureau of Industry and Security program, including the regulations and (vii) Relevant factors that are causing the text of previous investigations, Notice of Request for Public or will cause a weakening of our please see www.bis.doc.gov/232. national economy; and Comments on Section 232 National SUPPLEMENTARY INFORMATION: Security Investigation of Imports of (viii) Any other relevant factors, Vanadium Background including the use and importance of vanadium in critical infrastructure AGENCY: Bureau of Industry and On May 28, 2020, in response to a sectors identified in Presidential Policy Security, Office of Technology petition, the Secretary initiated an Directive 21 (Feb. 12, 2013) (for a listing Evaluation, U.S. Department of investigation under section 232 of the of those sectors see https:// Commerce. Trade Expansion Act of 1962, as www.dhs.gov/cisa/critical- amended (19 U.S.C. 1862), to determine infrastructure-sectors). ACTION: Notice of request for public the effects on the national security from comments. imports of vanadium. If the Secretary Requirements for Written Comments SUMMARY: On May 28, 2020, in response finds that vanadium is being imported The http://www.regulations.gov to a petition, the Secretary of Commerce into the United States in such quantities website allows users to provide (the ‘‘Secretary’’) initiated an or under such circumstances as to comments by filling in a ‘‘Type investigation to determine the effects on threaten to impair the national security, Comment’’ field, or by attaching a the national security from imports of the Secretary shall so advise the document using an ‘‘Upload File’’ field. vanadium. This investigation has been President in his report on the findings The Department prefers that comments initiated under section 232 of the Trade of the investigation. be provided in an attached document. The Department prefers submissions in Expansion Act of 1962, as amended. Written Comments Interested parties are invited to Microsoft Word (.doc) or Adobe Acrobat This investigation is being undertaken submit written comments, data, (.pdf). If the submission is in an in accordance with part 705 of the analyses, or other information pertinent application format other than those two, National Security Industrial Base to the investigation to the Department of please indicate the name of the Regulations (15 CFR parts 700 to 709) Commerce’s (the ‘‘Department’’) Bureau application in the ‘‘Type Comment’’ (‘‘NSIBR’’). Interested parties are invited of Industry and Security by July 20, field. Please do not attach separate cover to submit written comments, data, 2020. Rebuttal comments will be due by letters to electronic submissions; rather, analyses, or information pertinent to August 17, 2020. While the Department include any information that might this investigation to the Department’s is interested in any information related appear in a cover letter in the comments Office of Technology Evaluation no later to this investigation that the public can themselves. Similarly, to the extent than July 20, 2020. Rebuttal comments provide, this notice identifies particular possible please include any exhibits, submitted in response to issues raised in issues of significance. annexes, or other attachments in the comments received on or before July 20, same file as part of the submission itself DATES: The due date for filing comments 2020 may be filed no later than August rather than in separate files. Comments is July 20, 2020. The due date for 17, 2020. will be placed in the docket and open rebuttal comments is August 17, 2020. The Department is particularly to public inspection, except information Rebuttal comments may only address interested in comments and information determined to be confidential as set issues raised in comments filed on or directed to the criteria listed in § 705.4 forth in § 705.6 of the NSIBR. before July 20, 2020. of the NSIBR as they affect national Comments may be viewed on http:// ADDRESSES: Submissions: All written security, including the following: www.regulations.gov by entering docket comments on the notice must be (i) Quantity of or other circumstances number BIS–2020–0002 in the search addressed to Section 232 Vanadium related to the importation of vanadium; field on the home page. Investigation and filed through the (ii) Domestic production and Material submitted by members of the Federal eRulemaking Portal: http:// productive capacity needed for public that is properly marked business www.regulations.gov. To submit vanadium to meet projected national confidential information and accepted comments via http:// defense requirements; as such by the Department will be www.regulations.gov, enter docket (iii) Existing and anticipated exempted from public disclosure as set number BIS–2020–0002 on the home availability of human resources, forth in § 705.6 of the NSIBR. Anyone page and click ‘‘search.’’ The site will products, raw materials, production submitting business confidential provide a search results page listing all equipment, and facilities to produce information should clearly identify the documents associated with this docket. vanadium; business confidential portion at the time Find a reference to this notice and click (iv) Growth requirements of the of submission, file a statement justifying on the link entitled ‘‘Comment Now!’’ vanadium industry to meet national nondisclosure and referring to the (For further information on using http:// defense requirements and/or specific legal authority claimed, and www.regulations.gov, please consult the requirements for supplies and services provide a non-confidential submission

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which can be placed in the public file of the antidumping duty order on ball Amended Final Results in the Federal on http://www.regulations.gov. bearings and parts thereof (ball bearings) Register.6 Communications from agencies of the from the United Kingdom covering the The CIT’s ruling was appealed to the United States Government will not be period May 1, 2010 through April 30, U.S. Court of Appeals for the Federal made available for public inspection. 2011. The Department of Commerce Circuit (CAFC). On appeal, the CAFC For comments submitted electronically (Commerce) is, therefore, amending the concluded that ‘‘Commerce did not set containing business confidential final results with respect to Bayerische forth its reasoning in sufficient detail to information, the file name of the Motoren Werke AG (BMW). allow review of whether the selected business confidential version should AFA rate was unduly punitive’’ and DATES: begin with the characters ‘‘BC’’. Any Applicable June 3, 2020. remanded the case.7 Based on the page containing business confidential FOR FURTHER INFORMATION CONTACT: CAFC’s decision, the CIT issued the information must be clearly marked Thomas Schauer, AD/CVD Operations, Second Remand on July 3, 2019.8 ‘‘BUSINESS CONFIDENTIAL’’ on the Office I, Enforcement and Compliance, On October 1, 2019, Commerce issued top of that page. The non-confidential International Trade Administration, its final results of redetermination in version must be clearly marked U.S. Department of Commerce, 1401 accordance with the Second Remand.9 ‘‘PUBLIC’’. The file name of the non- Constitution Avenue NW, Washington, On remand, Commerce determined a confidential version should begin with DC 20230; telephone: (202) 482–0410. new AFA rate of 61.14 percent for the character ‘‘P’’. The ‘‘BC’’ and ‘‘P’’ BMW, consistent with the Second should be followed by the name of the SUPPLEMENTARY INFORMATION: Remand. On March 26, 2020, the CIT person or entity submitting the Background sustained Commerce’s Second comments or rebuttal comments. All Redetermination.10 filers should name their files using the On January 27, 2015, Commerce Amended Final Results name of the person or entity submitting published the Final Results in the the comments. If a public hearing is above-referenced administrative Because there is now a final court held in support of this investigation, a review.1 Commerce selected the highest decision, Commerce is amending the separate Federal Register notice will be rate from the petition (254.25 percent) Final Results with respect to BMW. The published providing the date and as the weighted-average dumping revised weighted-average dumping information about the hearing. margin for BMW based on adverse facts margin for BMW for the period May 1, The Bureau of Industry and Security available (AFA). BMW of North America 2010 through April 30, 2011, is as does not maintain a separate public LLC appealed the Final Results to the follows: inspection facility. Requesters should CIT, and on March 2, 2017, the CIT first view the Bureau’s web page, which remanded the Final Results.2 Weighted- can be found at https:// average Specifically, the CIT remanded the Final Exporter or producer dumping efoia.bis.doc.gov/ (see ‘‘Electronic Results directing that Commerce either: margin FOIA’’ heading). If requesters cannot (1) Provide a new corroboration analysis (percent) access the website, they may call 202– for the selected petition rate that is 482–0795 for assistance. The records consistent with Commerce’s obligations Bayerische Motoren Werke AG .. 61.14 related to this assessment are made and the Court’s opinion; or (2) accessible in accordance with the determine a new AFA rate consistent Liquidation and Assessment of regulations published in part 4 of title with Commerce’s obligations and the Antidumping Duties 15 of the Code of Federal Regulations Court’s opinion.3 In the event the CIT’s ruling is not (15 CFR 4.1 et seq.). On May 12, 2017, Commerce issued appealed, or if it is appealed and upheld Richard E. Ashooh, its final results of redetermination by a final and conclusive court decision, Assistant Secretary for Export pursuant to remand, in accordance with Commerce will instruct U.S. Customs Administration. the CIT’s order.4 On remand, Commerce and Border Protection (CBP) to assess [FR Doc. 2020–11926 Filed 6–2–20; 8:45 am] determined a new AFA rate of 126.44 antidumping duties at a rate equal to the BILLING CODE 3510–33–P percent for BMW, consistent with the weighted-average dumping margin First Remand. On August 23, 2017, the listed above for all entries of subject CIT sustained Commerce’s First merchandise during the period May 1, DEPARTMENT OF COMMERCE Redetermination.5 On September 2, 2010 through April 30, 2011, that were 2017, Commerce published the Second produced and/or exported by BMW. International Trade Administration [A–412–801] 1 See Ball Bearings and Parts Thereof from Japan 6 See Ball Bearings and Parts Thereof From the and the United Kingdom: Final Results of United Kingdom: Notice of Court Decision Not in Antidumping Duty Administrative Reviews; 2010– Harmony With Amended Final Results and Notice Ball Bearings and Parts Thereof From 2011, 80 FR 4248 (January 27, 2015), amended in of Second Amended Results of Antidumping Duty the United Kingdom: Third Amended Ball Bearings and Parts Thereof from the United Administrative Review, 82 FR 42296 (September 2, Final Results of Antidumping Duty Kingdom: Amended Final Results of Antidumping 2017) (Second Amended Final Results). Administrative Review Pursuant to Duty Administrative Review; 2010–2011, 80 FR 7 See BMW of North America LLC v. United Court Decision; 2010–2011 9694 (February 24, 2015) (Final Results). States, 926 F.3d 1291, 1293 and 1302 (CAFC May 2 See BMW of North America LLC v. United 9, 2019). AGENCY: Enforcement and Compliance, States, Court No. 15–00052, Slip Op. 17–22 (CIT 8 See BMW of North America LLC v. United March 2, 2017) (First Remand). States, Court No. 15–00052 Order at 1 (CIT July 3, International Trade Administration, 3 See First Remand at 12–17. 2019) (Second Remand). Department of Commerce. 4 See Results Of Remand Redetermination, BMW 9 See Results Of Remand Redetermination, BMW SUMMARY: On March 26, 2020, the of North America LLC v. United States, Court No. of North America LLC v. United States, Court No. United States Court of International 15–00052, Slip Op. 17–22, dated May 12, 2017 2018–1109, dated October 1, 2019 (Second (First Redetermination). Redetermination). Trade (CIT) sustained the October 2019 5 See BMW of North America LLC v. United 10 See BMW of North America LLC v. United final results of redetermination States, Slip Op. 17–109, Consol. Court No. 15– States, Slip Op. 20–41, Consol. Court No. 15–00052 pertaining to the administrative review 00052 (CIT 2017). (CIT March 26, 2020).

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Cash Deposit Requirements FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE Because we revoked the antidumping Thomas A. Nies, Executive Director, National Oceanic and Atmospheric duty order on ball bearings and parts New England Fishery Management Administration thereof from the United Kingdom Council; telephone: (978) 465–0492. effective September 15, 2011, no cash SUPPLEMENTARY INFORMATION: Agency Information Collection deposits for estimated antidumping Activities; Submission to the Office of duties on future entries of subject Agenda Management and Budget (OMB) for merchandise are required.11 The Scallop Advisory Panel will Review and Approval; Comment Notification to Interested Parties review Amendment 21: The Council has Request; West Coast Region Highly developed alternatives to address three Migratory Species Vessel Identification This notice is issued and published in Requirements accordance with sections 516A(e)(1), specific issues in this action: (1) 751(a)(1) and 777(i)(1) of the Act. Note Measures related to the Northern Gulf of AGENCY: National Oceanic & that Commerce has temporarily Maine (NGOM) Management Area, (2) Atmospheric Administration (NOAA), modified certain of its requirements for Limited Access General Category Commerce. serving documents containing business (LAGC) individual fishing quota (IFQ) ACTION: Notice of information collection, proprietary information, until May 19, possession limits, and (3) ability of request for comment. 2020, unless extended.12 Limited Access vessels with LAGC IFQ SUMMARY: to transfer quota to LAGC IFQ only The Department of Dated: March 31, 2020. Commerce, in accordance with the vessels. Review draft environmental Jeffrey I. Kessler, Paperwork Reduction Act of 1995 assessment and consider developing Assistant Secretary for Enforcement and (PRA), invites the general public and preliminary preferred alternatives. They Compliance. other Federal agencies to comment on [FR Doc. 2020–11953 Filed 6–2–20; 8:45 am] will also discuss the impacts of COVID– proposed, and continuing information BILLING CODE 3510–DS–P 19: Discuss the timing and outlook for collections, which helps us assess the 2020 surveys and 2021/22 specifications impact of our information collection process. Discuss options for completing requirements and minimize the public’s DEPARTMENT OF COMMERCE 2020 Council priorities. Other business reporting burden. The purpose of this may be discussed, as necessary. National Oceanic and Atmospheric notice is to allow for 60 days of public Administration Although non-emergency issues not comment preceding submission of the contained in this agenda may come collection to OMB. [RTID 0648–XA212] before this group for discussion, those DATES: To ensure consideration, issues may not be the subject of formal comments regarding this proposed New England Fishery Management information collection must be received Council; Public Meeting action during this meeting. Action will be restricted to those issues specifically on or before August 3, 2020. AGENCY: National Marine Fisheries listed in this notice and any issues ADDRESSES: Interested persons are Service (NMFS), National Oceanic and arising after publication of this notice invited to submit written comments to Atmospheric Administration (NOAA), that require emergency action under Adrienne Thomas, NOAA PRA Officer, Commerce. section 305(c) of the Magnuson-Stevens at [email protected]. Please ACTION: Notice of public meeting. Act, provided the public has been reference OMB Control Number 0648– notified of the Council’s intent to take 0361 in the subject line of your SUMMARY: The New England Fishery final action to address the emergency. comments. Do not submit Confidential Management Council (Council) is Business Information or otherwise scheduling a public meeting of its Special Accommodations sensitive or protected information. Scallop Advisory Panel via webinar to FOR FURTHER INFORMATION CONTACT: This meeting is physically accessible consider actions affecting New England Requests for additional information or fisheries in the exclusive economic zone to people with disabilities. Requests for specific questions related to collection (EEZ). Recommendations from this sign language interpretation or other activities should be directed to Shannon group will be brought to the full Council auxiliary aids should be directed to Penna, National Marine Fisheries for formal consideration and action, if Thomas A. Nies, Executive Director, at Service (NMFS), West Coast Region appropriate. (978) 465–0492, at least 5 days prior to (WCR) Long Beach Office, 501 West DATES: This meeting will be held on the meeting date. Consistent with 16 Ocean Blvd., Suite 4200, Long Beach, Thursday, June 18, 2020 at 9 a.m. U.S.C. 1852, a copy of the recording is CA 90802, (562) 980–4238 or ADDRESSES: All meeting participants available upon request. [email protected]. and interested parties can register to Authority: 16 U.S.C. 1801 et seq. SUPPLEMENTARY INFORMATION: join the webinar at https:// Dated: May 29, 2020. I. Abstract attendee.gotowebinar.com/register/ 8315070286252690191. Tracey L. Thompson, The success of fisheries management Council address: New England Acting Deputy Director, Office of Sustainable programs depends significantly on Fishery Management Council, 50 Water Fisheries, National Marine Fisheries Service. tracking catch and effort of participants Street, Mill 2, Newburyport, MA 01950. [FR Doc. 2020–11945 Filed 6–2–20; 8:45 am] as well as their history of regulatory BILLING CODE 3510–22–P compliance. The vessel identification 11 See Ball Bearings and Parts Thereof from Japan requirement is essential to facilitate and the United Kingdom: Final Results of Sunset these objectives. The ability to link Reviews and Revocation of Antidumping Duty fishing or other activity to the vessel Orders, 79 FR 16771 (March 26, 2014). 12 See Temporary Rule Modifying AD/CVD owner or operator is crucial to Service Requirements Due to COVID–19, 85 FR enforcement of the regulations issued 17006 (March 26, 2020). under the authority of the Magnuson-

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Stevens Fishery Conservation and suspicious activities that they observe. cannot guarantee that we will be able to Management Act to govern domestic Regulation-compliant fishermen do so. and foreign fishing, and under authority ultimately benefit as unauthorized and Sheleen Dumas, of laws implementing international illegal, unreported, and unregulated treaties. (IUU) fishing is deterred and more Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Regulations at 50 CFR 660.704 require burdensome regulations are avoided. that all commercial fishing vessels with Department. permits issued under authority of the II. Method of Collection [FR Doc. 2020–11960 Filed 6–2–20; 8:45 am] National Marine Fishery Service’s The vessels’ official numbers are BILLING CODE 3510–22–P (NMFS) Fishery Management Plan for displayed on the vessels. United States (U.S.) West Coast Highly III. Data Migratory Species Fisheries display the DEPARTMENT OF COMMERCE OMB Control Number: 0648–0361. vessel’s official number (U.S. Coast National Oceanic and Atmospheric Form Number(s): None. Guard documentation number or state Administration registration number). The numbers must Type of Review: Regular submission be of a specific size and format and (extension of a current information [RTID 0648–XA213] located at specified locations. The collection). official number must be affixed to each Affected Public: Business or other for- New England Fishery Management vessel subject to this section in block profit organizations. Council; Public Meeting Estimated Number of Respondents: Arabic numerals at least 10 inches AGENCY: National Marine Fisheries (25.40 centimeters) in height for vessels 1700. Service (NMFS), National Oceanic and Estimated Time per Response: All but more than 25 feet (7.62 meters) but Atmospheric Administration (NOAA), purse seine vessels: 45 minutes; purse equal to or less than 65 feet (19.81 Commerce. meters) in length; and 18 inches (45.72 seine fishing vessels of 400 short tons ACTION: Notice of public meeting. centimeters) in height for vessels longer (362.8 metric tons (mt)) carrying than 65 feet (19.81 meters) in length. capacity; 1 hour and 30 minutes. SUMMARY: The New England Fishery Markings must be legible and of a color Estimated Total Annual Burden Management Council (Council) is that contrasts with the background. The Hours: 643.75 hours. scheduling a public meeting of its display of the identifying number aids Estimated Total Annual Cost to Scallop Committee via webinar to in fishery law enforcement. Public: $27,400. consider actions affecting New England In the domestic West Coast Region Respondent’s Obligation: Mandatory. fisheries in the exclusive economic zone fisheries regulated under 50 CFR part Legal Authority: Magnuson-Stevens (EEZ). Recommendations from this 660, the vessel’s official number, United Fishery Conservation and Management group will be brought to the full Council State Coast Guard (USCG) Act. for formal consideration and action, if documentation or state registration IV. Request for Comments appropriate. number, is required to be displayed on DATES: the port and starboard sides of the We are soliciting public comments to This meeting will be held on deckhouse or hull, and on an permit NOAA to: (a) Evaluate whether Friday, June 19, 2020 at 9 a.m. appropriate weather deck. The number the proposed information collection is ADDRESSES: All meeting participants identifies each vessel and should be necessary for the proper functions of and interested parties can register to visible at distances at sea and in the air. NOAA, including whether the join the webinar at https:// The requirements affect United States information will have practical utility; attendee.gotowebinar.com/register/ (U.S.) vessels participating in the West (b) Evaluate the accuracy of our estimate 6883593008306980879. Coast Highly Migratory Species (HMS) of the time and cost burden for this Council address: New England fisheries and West Coast coastal pelagic proposed collection, including the Fishery Management Council, 50 Water fishing vessels, with the exception of validity of the methodology and Street, Mill 2, Newburyport, MA 01950. HMS Charter Recreational Vessels for assumptions used; (c) Evaluate ways to FOR FURTHER INFORMATION CONTACT: which an exemption was granted and enhance the quality, utility, and clarity Thomas A. Nies, Executive Director, became effective September 5, 2007. of the information to be collected; and New England Fishery Management Charter vessels are no longer bound by (d) Minimize the reporting burden on Council; telephone: (978) 465–0492. the vessel marking requirements under those who are to respond, including the SUPPLEMENTARY INFORMATION: consideration. use of automated collection techniques The identification number provides or other forms of information Agenda law enforcement personnel with a technology. The Scallop Committee will review means to monitor fishing, at-sea Comments that you submit in Amendment 21: The Council has processing, and other related activities, response to this notice are a matter of developed alternatives to address three in order to ascertain whether the public record. We will include or specific issues in this action: (1) vessel’s observed activities are in summarize each comment in our request Measures related to the Northern Gulf of accordance with those authorized for to OMB to approve this ICR. Before Maine (NGOM) Management Area, (2) that vessel. The identifying number is including your address, phone number, Limited Access General Category used by the National Marine Fisheries email address, or other personal (LAGC) individual fishing quota (IFQ) Service (NMFS), the USCG, and other identifying information in your possession limits, and (3) ability of marine agencies in issuing citations, comment, you should be aware that Limited Access vessels with LAGC IFQ prosecutions, and other enforcement your entire comment—including your to transfer quota to LAGC IFQ only actions. Vessels that qualify for specific personal identifying information—may vessels. Review draft environmental fisheries are easily identified, and this be made publicly available at any time. assessment and consider developing allows for more cost-effective While you may ask us in your comment preliminary preferred alternatives. They enforcement. Cooperating fishermen to withhold your personal identifying will also discuss the impacts of COVID– also use this number to report information from public review, we 19: Discuss the timing and outlook for

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2020 surveys and 2021/22 specifications • Email: [email protected]. The Bureau can use the information process. Discuss options for completing Include Docket No. CFPB–2020–0016 in collected to connect savings and 2020 Council priorities. Other business the subject line of the message. financial well-being, and to inform may be discussed, as necessary. • Mail/Hand Delivery/Courier: future development of employer- Although non-emergency issues not Comment Intake, Bureau of Consumer sponsored financial education materials contained in this agenda may come Financial Protection (Attention: PRA and programs. before this group for discussion, those Office), 1700 G Street NW, Washington, REQUEST FOR COMMENTS: issues may not be the subject of formal DC 20552. Comments are invited on: (a) Whether action during this meeting. Action will Please note that comments submitted the collection of information is be restricted to those issues specifically after the comment period will not be necessary for the proper performance of listed in this notice and any issues accepted. In general, all comments the functions of the Bureau, including arising after publication of this notice received will become public records, whether the information will have that require emergency action under including any personal information practical utility; (b) The accuracy of the section 305(c) of the Magnuson-Stevens provided. Sensitive personal Bureau’s estimate of the burden of the Act, provided the public has been information, such as account numbers collection of information, including the notified of the Council’s intent to take or Social Security numbers, should not validity of the methods and the final action to address the emergency. be included. assumptions used; (c) Ways to enhance FOR FURTHER INFORMATION CONTACT: the quality, utility, and clarity of the Special Accommodations Documentation prepared in support of information to be collected; and (d) This meeting is physically accessible this information collection request is Ways to minimize the burden of the to people with disabilities. Requests for available at www.regulations.gov. collection of information on sign language interpretation or other Requests for additional information respondents, including through the use auxiliary aids should be directed to should be directed to Darrin King, PRA of automated collection techniques or Thomas A. Nies, Executive Director, at Officer, at (202) 435–9575, or email: other forms of information technology. _ (978) 465–0492, at least 5 days prior to CFPB [email protected]. If you require this Comments submitted in response to this the meeting date. Consistent with 16 document in an alternative electronic notice will be summarized and/or _ U.S.C. 1852, a copy of the recording is format, please contact CFPB included in the request for OMB available upon request. [email protected]. Please do not approval. All comments will become a submit comments to these email boxes. Authority: 16 U.S.C. 1801 et seq. matter of public record. SUPPLEMENTARY INFORMATION: Dated: May 29, 2020. Title of Collection: Start Small, Save Dated: May 28, 2020. Tracey L. Thompson, Up Workforce Questionnaire. Darrin King, Acting Deputy Director, Office of Sustainable OMB Control Number: 3170–XXXX. Paperwork Reduction Act Officer, Bureau of Fisheries, National Marine Fisheries Service. Type of Review: Request for a new Consumer Financial Protection. [FR Doc. 2020–11941 Filed 6–2–20; 8:45 am] OMB Control Number. [FR Doc. 2020–11901 Filed 6–2–20; 8:45 am] BILLING CODE 3510–22–P Affected Public: Individuals and BILLING CODE 4810–AM–P households. Estimated Number of Respondents: 2,000. DEPARTMENT OF EDUCATION BUREAU OF CONSUMER FINANCIAL Estimated Total Annual Burden PROTECTION Hours: 1,000. [Docket No. ED–2020–SCC–0061] [Docket No. CFPB–2020–0016] Abstract: This short questionnaire evaluates the respondent’s current Agency Information Collection Agency Information Collection savings habits, behaviors, and attitudes. Activities; Submission to the Office of Activities: Comment Request It evaluates the respondent’s level of Management and Budget for Review financial well-being, a subjective state and Approval; Comment Request; AGENCY: Bureau of Consumer Financial wherein a person has a sense of National Assessment of Educational Protection. financial security and financial freedom Progress (NAEP) 2021 ACTION: Notice and request for comment. of choices, in the present and for the AGENCY: National Center for Education future. Statistics (NCES), Department of SUMMARY: In accordance with the The questionnaire gives the Bureau an Education (ED). Paperwork Reduction Act of 1995 efficient way to measure the (PRA), the Bureau of Consumer effectiveness of financial education and ACTION: Notice. Financial Protection (Bureau) is other efforts in increasing consumers’ requesting a new information collection SUMMARY: In accordance with the liquid savings and financial well-being. Paperwork Reduction Act of 1995, ED is titled, ‘‘Start Small, Save Up Workforce Information will be gathered from those Questionnaire.’’ proposing a revision of an existing in the Bureau workforce, which information collection. DATES: Written comments are includes Federal employees as well as encouraged and must be received on or contractors and other job statuses. The DATES: Interested persons are invited to before August 3, 2020 to be assured of questionnaire may also be made submit comments on or before July 6, consideration. available for use by other Federal 2020. ADDRESSES: You may submit comments, agencies. The questionnaire asks about ADDRESSES: Written comments and identified by the title of the information the respondent’s recent experiences recommendations for proposed collection, OMB Control Number (see with unexpected financial shocks, the information collection requests should below), and docket number (see above), respondent’s savings cushion available be sent within 30 days of publication of by any of the following methods: for emergencies, the respondent’s this notice to www.reginfo.gov/public/ • Federal eRulemaking Portal: http:// savings behavior and savings vehicles. It do/PRAMain. Find this particular www.regulations.gov. Follow the includes the five-question version of the information collection request by instructions for submitting comments. Bureau’s Financial Well-Being Scale. selecting ‘‘Department of Education’’

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under ‘‘Currently Under Review,’’ then Progress Authorization Act (Pub. L. SUMMARY: Public Hearing: U.S. Election check ‘‘Only Show ICR for Public 107–279 Title III, section 303) requires Assistance Commission Board of Comment’’ checkbox. the assessment to collect data on Advisors Annual Meeting. FOR FURTHER INFORMATION CONTACT: For specified student groups and DATES: Tuesday, June 16, 2020 1:30 specific questions related to collection characteristics, including information p.m.–3:30 p.m. Eastern. organized by race/ethnicity, gender, activities, please contact Carrie Clarady, ADDRESSES: Virtual via Zoom. socio-economic status, disability, and 202–245–6347 or email The hearing is open to the public and limited English proficiency. It requires [email protected]. will be livestreamed on the U.S. fair and accurate presentation of SUPPLEMENTARY INFORMATION: The Election Assistance Commission achievement data and permits the Department of Education (ED), in YouTube Channel: https:// collection of background, noncognitive, accordance with the Paperwork www.youtube.com/channel/ or descriptive information that is related Reduction Act of 1995 (PRA) (44 U.S.C. UCpN6i0g2rlF4ITWhwvBwwZw. 3506(c)(2)(A)), provides the general to academic achievement and aids in FOR FURTHER INFORMATION CONTACT: public and Federal agencies with an fair reporting of results. The intent of opportunity to comment on proposed, the law is to provide representative Kristen Muthig, Telephone: (202) 897– revised, and continuing collections of sample data on student achievement for 9285, Email: [email protected]. information. This helps the Department the nation, the states, and SUPPLEMENTARY INFORMATION: Purpose: assess the impact of its information subpopulations of students and to In accordance with the Government in collection requirements and minimize monitor progress over time. The nature the Sunshine Act (Sunshine Act), Public the public’s reporting burden. It also of NAEP is that burden alternates from Law 94–409, as amended (5 U.S.C. helps the public understand the a relatively low burden in national-level 552b), the U.S. Election Assistance Department’s information collection administration years to a substantial Commission (EAC) will conduct a requirements and provide the requested burden increase in state-level virtual annual meeting of the Board of data in the desired format. ED is administration years when the sample Advisors to discuss the proposed soliciting comments on the proposed has to allow for estimates for individual Voluntary Voting System Guidelines information collection request (ICR) that states and some of the large urban (VVSG) 2.0 Requirements as submitted is described below. The Department of districts. The request is to conduct by the Technical Guidelines Education is especially interested in NAEP 2021, including operational Development Committee (TGDC). public comment addressing the assessments and pilot tests: Operational Agenda: The U.S. Election Assistance following issues: (1) Is this collection national/state Digitally Based Commission (EAC) Board of Advisors necessary to the proper functions of the Assessments (DBA) in mathematics and will hold their 2020 Annual Meeting Department; (2) will this information be reading at grades 4 and 8, and Puerto primarily to discuss the proposed VVSG processed and used in a timely manner; Rico in mathematics at grades 4 and 8; 2.0 Requirements. This meeting will (3) is the estimate of burden accurate; and operational national DBA in U.S. include a question and answer (4) how might the Department enhance history and civics at grade 8 was discussion between board members. the quality, utility, and clarity of the approved in April 2020. This request is Staff from NIST and the EAC will be information to be collected; and (5) how the first of two 30D packages that will available to answer questions, and might the Department minimize the provide updates to materials for NAEP provide information on the VVSG burden of this collection on the 2021 and provides the final details of process and the proposed VVSG 2.0 respondents, including through the use the design for NAEP 2021 as well as Requirements. of information technology. Please note some updated communication materials Board members will also review that written comments received in and a new sampling memo. The FACA Board membership guidelines response to this notice will be subsequent Materials Update #2 is and policies with EAC Associate considered public records. scheduled for October of 2020. The Counsel and receive a general update Title of Collection: National NAEP results will be reported to the about the EAC from the Acting Assessment of Educational Progress public through the Nation’s Report Card Executive Director. (NAEP) 2021. as well as other online NAEP tools. Background: The VVSG 2.0 OMB Control Number: 1850–0928. Dated: May 28, 2020. Requirements are currently published Type of Review: A revision of an Stephanie Valentine, for a 90-day public comment period that existing information collection. PRA Coordinator, Strategic Collections and concludes on June 22nd. The first VVSG Respondents/Affected Public: Clearance, Governance and Strategy Division, public hearing on March 27, 2020 Individuals or Households. Office of Chief Data Officer, Office of covered an introduction to the VVSG Total Estimated Number of Annual Planning, Evaluation and Policy process as well a high-level overview of Responses: 668,461. Development. the proposed VVSG 2.0 requirements. A Total Estimated Number of Annual [FR Doc. 2020–11925 Filed 6–2–20; 8:45 am] recording of the hearing is available on Burden Hours: 353,568. BILLING CODE 4000–01–P the EAC’s website. The second public Abstract: The National Assessment of hearing on May 6, 2020 addressed the Educational Progress (NAEP), importance of VVSG 2.0 at the state and conducted by the National Center for local level, and the consideration of Education Statistics (NCES), is a ELECTION ASSISTANCE COMMISSION accessibility and security in VVSG 2.0. federally authorized survey of student A recording of the second hearing is achievement at grades 4, 8, and 12 in Sunshine Act Meetings available on the EAC’s website. The various subject areas, such as third public hearing on May 20, 2020 mathematics, reading, writing, science, AGENCY: U.S. Election Assistance included discussions with voting U.S. history, civics, geography, Commission. system manufacturers and voting system economics, technology and engineering testing labs. A recording of the third ACTION: Sunshine Act Notice; Notice of literacy (TEL), and the arts. The Public Hearing Agenda. hearing is available on the EAC’s National Assessment of Educational website.

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The TGDC unanimously approved to Purpose of the Board: The purpose of DEPARTMENT OF ENERGY recommend VVSG 2.0 Requirements on the Board is to make recommendations February 7, 2020, and sent the to DOE–EM and site management in the Workshop on Predictive Models and Requirements to the EAC Acting areas of environmental restoration, High Performance Computing as Tools Executive Director via the Director of waste management, and related To Accelerate the Scaling-up of New the National Institute of Standards and activities. Bio-Based Fuels Technology (NIST), in the capacity of Tentative Agenda: AGENCY: Office of Energy Efficiency and the Chair of the TGDC on March 9, Renewable Energy, Department of • 2020. Upon adoption, the VVSG 2.0 Potential Draft Hanford Advisory Energy. would become the fifth iteration of Board Advice ACTION: Notice of public virtual national level voting system standards. D Consider Draft Advice on workshop. The Federal Election Commission Stabilization of Disposal Structures at published the first two sets of federal Risk of Failure SUMMARY: The Department of Energy standards in 1990 and 2002. The EAC (DOE) is announcing a public virtual • then adopted Version 1.0 of the VVSG Discussion Topics workshop entitled, ‘‘Workshop on on December 13, 2005. In an effort to D Tri-Party Agreement Agencies’ Predictive Models and High update and improve version 1.0 of the Updates Performance Computing as Tools to VVSG, on March 31, 2015, the EAC D Hanford Advisory Board Committee Accelerate the Scaling-up of New Bio- commissioners unanimously approved Based Fuels.’’ The purpose of this Reports VVSG 1.1. virtual workshop is to determine if The full agenda will be posted in D Board Business predictive models and high performance advance on the EAC website: https:// Public Participation: The meeting is computing can and should be utilized to www.eac.gov. open to the public. The EM SSAB, reduce biotechnology uncertainty and Status: This hearing will be open to accelerate scaling-up of biorefinery/ Hanford, welcomes the attendance of the public. chemical production equipment and the public at its advisory committee optimize operations. Amanda Joiner, meetings and will make every effort to DATES: The public virtual workshop will Associate Counsel, U.S. Election Assistance accommodate persons with physical be held June 9 to June 11, 2020, from Commission. disabilities or special needs. If you 10:30 a.m. ET to 4:30 p.m. ET each day. [FR Doc. 2020–12106 Filed 6–1–20; 4:15 pm] require special accommodations due to Persons interested in attending this BILLING CODE P a disability, please contact JoLynn public workshop must register online by Garcia at least seven days in advance of 4 p.m., June 5, 2020. Early registration the meeting at the telephone number is recommended because facilities are DEPARTMENT OF ENERGY listed above. Written statements may be limited and, therefore, DOE may limit filed with the Board either before or the number of participants from each Environmental Management Site- after the meeting. Individuals who wish organization. If time and space permit, Specific Advisory Board, Hanford; to make oral statements pertaining to day of registration for the public virtual Open Meeting agenda items should contact JoLynn workshop will be provided beginning at AGENCY: Office of Environmental Garcia. Requests must be received five 8:30 a.m. ET each day of the workshop. Management, Department of Energy. days prior to the meeting and reasonable ADDRESSES: The public virtual ACTION: Notice of meeting. provision will be made to include the workshop will be held online via presentation in the agenda. The Deputy webinar. To register for the public SUMMARY: This notice announces an Designated Federal Officer is virtual workshop, please visit online virtual meeting of the empowered to conduct the meeting in a www.yesevents.com/BETO_SCALEUP. Environmental Management Site- fashion that will facilitate the orderly Once registered, an email with call-in Specific Advisory Board (EM SSAB), conduct of business. Individuals and webinar login information will be Hanford. The Federal Advisory wishing to make public comments will sent to the registrant. Committee Act requires that public be provided a maximum of five minutes FOR FURTHER INFORMATION CONTACT: Mr. notice of this online virtual meeting be to present their comments. Josh Messner, Office of Energy announced in the Federal Register. Efficiency and Renewable Energy, U.S. Minutes: Minutes will be available by DATES: Wednesday, June 24, 2020; 8:30 Department of Energy, 1000 writing or calling JoLynn Garcia’s office a.m.–4:30 p.m.; Thursday, June 25, Independence Avenue SW, Washington, at the address or telephone number 2020; 8:30 a.m.–4:30 p.m. DC 20585; Phone: (240) 562–1287; listed above. Minutes will also be ADDRESSES: Online Virtual Meeting. To Email: [email protected]. available at the following website: receive the meeting access information SUPPLEMENTARY INFORMATION: http://www.hanford.gov/page.cfm/hab/ and call-in number, please contact the Purpose of the Workshop Federal Coordinator, JoLynn Garcia, at FullBoardMeetingInformation. the telephone number or email listed Signed in Washington, DC, on May 28, Over the past decade, federal and below. 2020. private investments in the scaling-up of LaTanya Butler, integrated biorefineries have exceeded FOR FURTHER INFORMATION CONTACT: $2 billion. A majority of these facilities Deputy Committee Management Officer. JoLynn Garcia, Federal Coordinator, have either been shut down or are U.S. Department of Energy, Richland [FR Doc. 2020–11904 Filed 6–2–20; 8:45 am] struggling to have reliable and Operations Office, P.O. Box 550, BILLING CODE 6450–01–P continuous operations. Furthermore, Richland, WA 99352; Phone: (509) 376– mathematical models representing the 6244; or Email: jolynn.garcia@ total system of an integrated biorefinery rl.doe.gov. do not exist currently. Through the use SUPPLEMENTARY INFORMATION: of highly instrumented bench-, pilot-,

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and demonstration-scaled facilities document upon publication in the (1) OMB No.: 1901–0294; along with high performance Federal Register. (2) Information Collection Request computing, artificial intelligence, and Signed in Washington, DC, on May 29, Title: Natural Gas Import and Export machine learning it may be possible to 2020. Data Submissions; reduce technology uncertainty and Treena V. Garrett, (3) Type of Request: Three-year accelerate scale-up. The purpose of this extension with changes; Federal Register Liaison Officer, U.S. (4) Purpose: DOE’s Office of Fossil workshop is to understand how Department of Energy. modeling tools can be effectively Energy (FE) has the delegated authority [FR Doc. 2020–11970 Filed 6–2–20; 8:45 am] to regulate natural gas imports and utilized in conjunction with operational BILLING CODE 6450–01–P data to augment and accelerate scale-up exports under section 3 of the Natural and integration efforts. Gas Act of 1938, 15 U.S.C. 717b. To carry out its delegated responsibility, FE DEPARTMENT OF ENERGY Public Participation requires individuals seeking to import Registration is free and available to Energy Information Administration or export natural gas to file an the public on a first-come, first-served application providing basic information basis. To register for the public virtual Agency Information Collection on the scope and nature of the import/ workshop, please visit Extension export activity. Once an importer or www.yesevents.com/BETO_SCALEUP. exporter receives authorization from FE, AGENCY: U.S. Energy Information they are required to submit monthly Registrants will receive a confirmation Administration (EIA), U.S. Department reports of their natural gas import and email with call-in and webinar login of Energy (DOE). export transactions on Form FE–746R. information after they have been ACTION: Notice and request for In addition, a subset of authorization accepted. Persons interested in comments. holders—including those that hold long- attending this public workshop must term import authorizations from any register online by 4 p.m., June 5, 2020. SUMMARY: DOE submitted an source, long-term export authorizations Early registration is recommended information collection request for to both countries that do and do not because facilities are limited and, extension as required by the Paperwork have a free trade agreement with the therefore, DOE may limit the number of Reduction Act of 1995. The information collection requests a three-year United States requiring national participants from each organization. If treatment of natural gas and with which time and space permit, day of extension of DOE’s Form FE–746R, Import and Export of Natural Gas under trade is not prohibited by U.S. law or registration for the public virtual policy (FTA and non-FTA countries), workshop will be provided beginning at OMB Control Number 1901–0294. Form FE–746R collects information from and short-term authorizations to export 8:30 a.m. ET each day of the workshop. to non-FTA countries—must file DOE recommends that participants have import and export authorization holders that enables DOE’s Office of Fossil additional information beyond the access to high-speed internet and a required filings on FE–746R. This computer to participate in the Energy (FE) to monitor natural gas trade under the United States Mexico Canada additional information, including brainstorming portions of the virtual supply and delivery contracts, changes workshop. All participants are Agreement (USMCA) and other trade activity falling outside the parameters of in control or ownership, and semi- encouraged to make use of video annual reports that provide information capabilities during the virtual USMCA, and supports various market and regulatory analyses done by FE. on the status of the relevant proposed or workshop. existing LNG export facilities, provides DATES: Comments on this information input DOE needs to assess both the state Information on Services for Individuals collection must be received no later With Disabilities of the U.S. import and export markets than July 6, 2020. Written comments and the adequacy of energy resources to If you need special accommodations and recommendations for the proposed meet near and long term domestic information collection should be sent due to a disability, please email demands. This information also assists within 30 days of publication of this [email protected] FE in determining whether notice to https://www.reginfo.gov/ no later than June 5, 2020. authorization holders are complying public/do/PRAMain. Find this with the terms and conditions of their Signing Authority particular information collection by authorization. This document of the Department of selecting ‘‘Currently under 30-day Together with the data reported on Energy was signed on May 28, 2020, by Review—Open for Public Comments’’ or FE–746R and the additional information Michael Berube Acting Director, by using the search function. Send a required for certain types of copy of your comment to DOE by email Bioenergy Technologies Office, Office of authorization holders outlined above, to: [email protected]. Energy Efficiency and Renewable DOE is able to perform market and Energy, pursuant to delegated authority FOR FURTHER INFORMATION CONTACT: regulatory analyses to improve the from the Secretary of Energy. That Request for additional information or capability of industry and the document with the original signature copies of the forms and instructions government to respond to any future and date is maintained by DOE. For should be directed to Mr. Marc Talbert energy-related supply problems, and to administrative purposes only, and in at (202) 586–7991, or by email keep the general public informed on compliance with requirements of the [email protected]. The forms are international natural gas trade. Office of the Federal Register, the available online at https:// (4a) Proposed Changes to Information undersigned DOE Federal Register www.energy.gov/fe/articles/changes-fe- Collection: FE seeks to include Liaison Officer has been authorized to 746-data-collection. Additional supplementary data reporting items sign and submit the document in information is available at https:// under OMB Control Number 1901–0294. electronic format for publication, as an www.energy.gov/fe/services/natural-gas- FE proposes to collect this additional official document of the Department of regulation. information from both long-term import Energy. This administrative process in SUPPLEMENTARY INFORMATION: This and export authorization holders that no way alters the legal effect of this information collection request contains: have authority to import or export to

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both FTA and non-FTA countries, and DEPARTMENT OF ENERGY issued, it will indicate, among other short-term authorization holders that milestones, the anticipated date for the have authority to export non-FTA Federal Energy Regulatory Commission staff’s issuance of the EA countries. The additional information Commission for this proposal. The filing of the EA FE seeks to collect from this subset of [Docket No. CP20–459–000] in the Commission’s public record for natural gas import and export this proceeding or the issuance of a authorization holders includes: Long- Golden Pass LNG Terminal LLC; Notice of Schedule for Environmental term contracts associated with the Notice of Application Review will serve to notify federal and supply and sales of natural gas, state agencies of the timing for the including compressed natural gas, Take notice that on May 21, 2020, completion of all necessary reviews, and liquefied natural gas, and associated Golden Pass LNG Terminal LLC (Golden the subsequent need to complete all products; changes in control of Pass LNG), 811 Louisiana Street, federal authorizations within 90 days of authorization holders; registrations of Houston, Texas 77002, filed an the date of issuance of the EA. agents who import and export natural application pursuant to sections 3 of the There are two ways to become gas; and, for long-term LNG export Natural Gas Act and Part 153 of the involved in the Commission’s review of Commission’s regulations, for authority authorization holders, semi-annual this project. First, any person wishing to to amend its order issued on December reports providing information on the obtain legal status by becoming a party 21, 2016, granting Golden Pass LNG status of the relevant proposed or to the proceedings for this project authority (Golden Pass Export Project) existing LNG export facility, and the should, on or before the comment date to site, construct and operate facilities date the proposed LNG facility is stated below file with the Federal for the exportation of liquefied natural expected to commence first exports of Energy Regulatory Commission, 888 gas to increase the total LNG production LNG (where applicable). First Street NE, Washington, DC 20426, capacity of the Golden Pass Export a motion to intervene in accordance (5) Annual Estimated Number of Project from 15.6 million metric tons Respondents: 396 respondents. with the requirements of the per annum (MTPA) to 18.1 MTPA, and Commission’s Rules of Practice and (6) Annual Estimated Number of from 740 billion cubic feet per year (Bcf/ Procedure (18 CFR 385.214 or 385.211) Total Responses: 4,752. yr) to 937 Bcf/yr. and the Regulations under the NGA (18 (7) Annual Estimated Number of Any questions regarding this CFR 157.10). A person obtaining party Burden Hours: 14,256 hours. application should be addressed to status will be placed on the service list (8) Annual Estimated Reporting and Blaine Yamagata, Vice President and maintained by the Secretary of the Recordkeeping Cost Burden: $1,142,476 General Counsel, Golden Pass LNG, 811 Commission and will receive copies of (14,256 annual burden hours multiplied Louisiana Street, Suite 1500, Houston, all documents filed by the applicant and by $80.14 per hour); FE estimates that Texas 77002, by telephone: (713) 324– by all other parties. A party must submit respondents will have no additional 6952; or to Kevin M. Sweeney, Law 3 copies of filings made in the costs associated with the data proposed Office of Kevin M. Sweeney, 1625 K proceeding with the Commission and for collection other than burden hours. Street NW, Washington, DC 20006, by must provide a copy to the applicant Statutory Authority: 15 U.S.C. 772(b) telephone at (202) 609–7709. and to every other party. Only parties to and Section 3 of the Natural Gas Act of In addition to publishing the full text the proceeding can ask for court review 1938, codified at 15 U.S.C. 717b. of this document in the Federal of Commission orders in the proceeding. Register, the Commission provides all However, a person does not have to Signing Authority interested persons an opportunity to intervene in order to have comments This document of the Department of view and/or print the contents of this considered. The second way to Energy was signed on May 29, 2020, by document via the internet through the participate is by filing with the Shawn Bennett, Deputy Assistant Commission’s Home Page (http:// Secretary of the Commission, as soon as Secretary, Office of Oil and Natural Gas, ferc.gov) using the ‘‘eLibrary’’ link. possible, an original and two copies of Office of Fossil Energy, pursuant to Enter the docket number excluding the comments in support of or in opposition delegated authority from the Secretary last three digits in the docket number to this project. The Commission will of Energy. That document with the field to access the document. At this consider these comments in original signature and date is time, the Commission has suspended determining the appropriate action to be maintained by DOE. For administrative access to the Commission’s Public taken, but the filing of a comment alone purposes only, and in compliance with Reference Room, due to the will not serve to make the filer a party requirements of the Office of the Federal proclamation declaring a National to the proceeding. The Commission’s Register, the undersigned DOE Federal Emergency concerning the Novel rules require that persons filing Register Liaison Officer has been Coronavirus Disease (COVID–19), issued comments in opposition to the project authorized to sign and submit the by the President on March 13, 2020. For provide copies of their protests only to document in electronic format for assistance, contact FERC at the party or parties directly involved in publication, as an official document of [email protected] or call the protest. Persons who wish to comment only the Department of Energy. This toll-free, (886) 208–3676 or TYY, (202) on the environmental review of this administrative process in no way alters 502–8659. Pursuant to section 157.9 of the project should submit an original and the legal effect of this document upon Commission’s rules, 18 CFR 157.9, two copies of their comments to the publication in the Federal Register. within 90 days of this Notice the Secretary of the Commission. Signed in Washington, DC, on May 29, Commission staff will either: Complete Environmental commenters will be 2020. its environmental assessment (EA) and placed on the Commission’s Treena V. Garrett, place it into the Commission’s public environmental mailing list and will be Federal Register Liaison Officer, U.S. record (eLibrary) for this proceeding; or notified of any meetings associated with Department of Energy. issue a Notice of Schedule for the Commission’s environmental review [FR Doc. 2020–11973 Filed 6–2–20; 8:45 am] Environmental Review. If a Notice of process. Environmental commenters BILLING CODE 6450–01–P Schedule for Environmental Review is will not be required to serve copies of

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filed documents on all other parties. Analysis for Northeast Region of the Description: § 205(d) Rate Filing: 3651 However, the non-party commenters Eversource Companies, et al. Arkansas Electric Cooperative Corp. will not receive copies of all documents Filed Date: 5/28/20. NITSA NOA to be effective 7/1/2020. filed by other parties or issued by the Accession Number: 20200528–5119. Filed Date: 5/28/20. Commission and will not have the right Comments Due: 5 p.m. ET 6/18/20. Accession Number: 20200528–5059. to seek court review of the Docket Numbers: ER12–1933–011. Comments Due: 5 p.m. ET 6/18/20. Commission’s final order. Applicants: Interstate Power and Docket Numbers: ER20–1906–000. As of the February 27, 2018 date of Light Company. Applicants: Story County Wind, LLC. the Commission’s order in Docket No. Description: Amendment to February Description: Baseline eTariff Filing: CP16–4–001, the Commission will 10, 2020 Notification of Change in Reactive Power Compensation Filing to apply its revised practice concerning Status of Interstate Power and Light be effective 7/27/2020. out-of-time motions to intervene in any Company. Filed Date: 5/28/20. new Natural Gas Act section 3 or section Filed Date: 5/27/20. Accession Number: 20200528–5074. 7 proceeding.1 Persons desiring to Accession Number: 20200527–5135. Comments Due: 5 p.m. ET 6/18/20. become a party to a certificate Comments Due: 5 p.m. ET 6/17/20. Docket Numbers: ER20–1907–000. proceeding are to intervene in a timely Docket Numbers: ER20–391–003. Applicants: Minco Wind I, LLC. manner. If seeking to intervene out-of- Applicants: J. Aron & Company LLC. Description: Baseline eTariff Filing: time, the movant is required to ‘‘show Description: Notice of Non-Material Minco Wind I, LLC Application for good cause why the time limitation Change in Status of J. Aron & Company MBR Authority to be effective 7/27/ should be waived,’’ and should provide LLC. 2020. justification by reference to factors set Filed Date: 5/28/20. Filed Date: 5/28/20. forth in Rule 214(d)(1) of the Accession Number: 20200528–5247. Accession Number: 20200528–5081. 2 Commission’s Rules and Regulations. Comments Due: 5 p.m. ET 6/18/20. Comments Due: 5 p.m. ET 6/18/20. The Commission strongly encourages Docket Numbers: ER20–547–002. Docket Numbers: ER20–1908–000. electronic filings of comments, protests Applicants: Goldman Sachs Applicants: PJM Interconnection, and interventions in lieu of paper using Renewable Power Marketing. L.L.C. the ‘‘eFiling’’ link at http:// Description: Compliance filing: Description: § 205(d) Rate Filing: www.ferc.gov. Persons unable to file Compliance Filing to be effective 1/2/ Assignment of ISA, SA No. 810, Queue electronically may mail similar 2020. No. A36 to be effective 12/13/2001. pleadings to the Federal Energy Filed Date: 5/28/20. Filed Date: 5/28/20. Regulatory Commission, 888 First Street Accession Number: 20200528–5079. Accession Number: 20200528–5123. NE, Washington, DC 20426. Hand Comments Due: 5 p.m. ET 6/18/20. Comments Due: 5 p.m. ET 6/18/20. delivered submissions in docketed Docket Numbers: ER20–1909–000. proceedings should be delivered to Docket Numbers: ER20–547–003; Applicants: Southern California Health and Human Services, 12225 ER12–1911–004; ER12–1912–004; Edison Company. Wilkins Avenue, Rockville, Maryland ER12–1913–004; ER12–1915–004; Description: § 205(d) Rate Filing: GIA 20852. ER12–1916–004; ER12–1917–004; ER14–41–004; ER14–42–004; ER16– and DSA EF Oxnard LLC SA Nos. 1102– Comment Date: 5:00 p.m. Eastern 1103 to be effective 5/25/2020. Standard Time on June 18, 2020. 498–003; ER16–499–003; ER16–500– 003; ER19–2463–002. Filed Date: 5/28/20. Dated: May 28, 2020. Applicants: Goldman Sachs Accession Number: 20200528–5153. Kimberly D. Bose, Renewable Power Marketing LLC, RE Comments Due: 5 p.m. ET 6/18/20. Secretary. McKenzie 1 LLC, RE McKenzie 2 LLC, Docket Numbers: ER20–1910–000. [FR Doc. 2020–11951 Filed 6–2–20; 8:45 am] RE McKenzie 3 LLC, RE McKenzie 4 Applicants: Desert Harvest, LLC. BILLING CODE 6717–01–P LLC, RE McKenzie 5 LLC, RE McKenzie Description: Baseline eTariff Filing: 6 LLC, RE Rosamond One LLC, RE Initial Market-Based Rate Petition of Rosamond Two LLC, RE Mustang LLC, Desert Harvest to be effective 7/28/2020. DEPARTMENT OF ENERGY RE Mustang 3 LLC, RE Mustang 4 LLC, Filed Date: 5/28/20. Utah Red Hills Renewable Park, LLC. Accession Number: 20200528–5162. Federal Energy Regulatory Description: Notice of Non-Material Comments Due: 5 p.m. ET 6/18/20. Commission Change in Status of Goldman Sachs Docket Numbers: ER20–1911–000. Renewable Power Marketing LLC, et al. Combined Notice of Filings #1 Applicants: Desert Harvest II LLC. Filed Date: 5/28/20. Description: Baseline eTariff Filing: Take notice that the Commission Accession Number: 20200528–5152. Initial Market-Based Rate Petition of received the following electric rate Comments Due: 5 p.m. ET 6/18/20. Desert Harvest II LLC to be effective 7/ filings: Docket Numbers: ER20–752–001. 28/2020. Docket Numbers: ER10–1801–004; Applicants: Versant Power. Filed Date: 5/28/20. ER10–1805–005; ER10–2370–003. Description: Compliance filing: Accession Number: 20200528–5165. Applicants: The Connecticut Light Establish Effective Date for Comments Due: 5 p.m. ET 6/18/20. and Power Company, Public Service Interconnection Agreement—Houlton Docket Numbers: ER20–1912–000. Company of New Hampshire, NSTAR Water Company to be effective 5/15/ Applicants: Blooming Grove Wind Electric Company. 2020. Energy Center LLC. Description: Supplement to December Filed Date: 5/28/20. Description: Baseline eTariff Filing: 23, 2019 Updated Market Power Accession Number: 20200528–5262. Application for Market-Based Rate Comments Due: 5 p.m. ET 6/18/20. Authorization to be effective 7/28/2020. 1 Tennessee Gas Pipeline Company, L.L.C., 162 Docket Numbers: ER20–1905–000. Filed Date: 5/28/20. FERC ¶ 61,167 at ¶ 50 (2018). Applicants: Southwest Power Pool, Accession Number: 20200528–5173. 2 18 CFR 385.214(d)(1). Inc. Comments Due: 5 p.m. ET 6/18/20.

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Docket Numbers: ER20–1913–000. DEPARTMENT OF ENERGY Schedule for Environmental Review is Applicants: PJM Interconnection, issued, it will indicate, among other Federal Energy Regulatory L.L.C. milestones, the anticipated date for the Commission Commission staff’s issuance of the final Description: § 205(d) Rate Filing: [Docket No. CP20–455–000] environmental impact statement (FEIS) Revision to Sch. 12–Appx A (MetEd), or EA for this proposal. The filing of the 30-Day Comment Period Requested to Freeport LNG Development, L.P., FLNG EA in the Commission’s public record be effective 8/26/2020. Liquefaction, LLC, FLNG Liquefaction for this proceeding or the issuance of a Filed Date: 5/28/20. 2, LLC, FLNG Liquefaction 3, LLC; Notice of Schedule will serve to notify Accession Number: 20200528–5183. Notice of Application federal and state agencies of the timing for the completion of all necessary Comments Due: 5 p.m. ET 6/18/20. Take notice that on May 13, 2020, reviews, and the subsequent need to Freeport LNG Development, L.P.; FLNG Docket Numbers: ER20–1914–000. complete all federal authorizations Liquefaction, LLC; FLNG Liquefaction 2, within 90 days of the date of issuance Applicants: Versant Power. LLC; and FLNG Liquefaction 3, LLC of the Commission staff’s FEIS or EA. Description: Tariff Cancellation: (collectively, Freeport LNG), 333 Clay There are two ways to become Notice of Termination of Transmission Street, Suite 5050, Houston, Texas involved in the Commission’s review of Service Agreement—Houlton Water 77002, filed in Docket No. CP20–455– this project. First, any person wishing to Company to be effective 5/15/2020. 000 an application pursuant to section obtain legal status by becoming a party 3(a) of the Natural Gas Act (NGA), and Filed Date: 5/28/20. to the proceedings for this project Part 153 of the Commission’s should, on or before the comment date Accession Number: 20200528–5272. regulations requesting authorization to stated below, file with the Federal Comments Due: 5 p.m. ET 6/18/20. site, construct, and operate Energy Regulatory Commission, 888 modifications to Freeport LNG’s existing First Street NE, Washington, DC 20426, Take notice that the Commission Pretreatment Facility in Brazoria a motion to intervene in accordance received the following electric County, Texas to allow for the with the requirements of the reliability filings. extraction of helium from the Commission’s Rules of Practice and Docket Numbers: RD20–9–000. compressed boiled-off gas pipeline, all Procedure (18 CFR 385.214 or 385.211) as more fully set forth in the application and the Regulations under the NGA (18 Applicants: North American Electric which is on file with the Commission Reliability Corporation. CFR 157.10). A person obtaining party and open to public inspection. status will be placed on the service list Description: Application of the North In addition to publishing the full text maintained by the Secretary of the American Electric Reliability of this document in the Federal Commission and will receive copies of Corporation for the approval of Register, the Commission provides all all documents filed by the applicant and proposed Reliability Standard BAL– interested persons an opportunity to by all other parties. A party must submit 003–2. view and/or print the contents of this five copies of filings made with the Filed Date: 12/19/19. document via the internet through the Commission and must mail a copy to Commission’s Home Page (http:// the applicant and to every other party in Accession Number: 20191219–5339. ferc.gov) using the ‘‘eLibrary’’ link. the proceeding. Only parties to the Comments Due: 5 p.m. ET 6/29/20. Enter the docket number excluding the proceeding can ask for court review of last three digits in the docket number The filings are accessible in the Commission orders in the proceeding. field to access the document. At this Commission’s eLibrary system by However, a person does not have to time, the Commission has suspended clicking on the links or querying the intervene in order to have comments access to the Commission’s Public considered. The second way to docket number. Reference Room, due to the participate is by filing with the Any person desiring to intervene or proclamation declaring a National Secretary of the Commission, as soon as protest in any of the above proceedings Emergency concerning the Novel possible, an original and two copies of must file in accordance with Rules 211 Coronavirus Disease (COVID–19), issued comments in support of or in opposition and 214 of the Commission’s by the President on March 13, 2020. For to this project. The Commission will Regulations (18 CFR 385.211 and assistance, contact FERC at consider these comments in 385.214) on or before 5:00 p.m. Eastern [email protected] or call determining the appropriate action to be time on the specified comment date. toll-free, (886) 208–3676 or TYY, (202) taken, but the filing of a comment alone Protests may be considered, but 502–8659. will not serve to make the filer a party intervention is necessary to become a Any questions concerning this to the proceeding. The Commission’s party to the proceeding. application may be directed to John rules require that persons filing eFiling is encouraged. More detailed Tobola, Freeport LNG Development, comments in opposition to the project information relating to filing L.P., 333 Clay Street, Suite 5050, provide copies of their protests only to requirements, interventions, protests, Houston, Texas 77002, by phone (713) the party or parties directly involved in service, and qualifying facilities filings 980–2888 or by email at JTobola@ the protest. can be found at: http://www.ferc.gov/ freeportlng.com. Persons who wish to comment only docs-filing/efiling/filing-req.pdf. For Pursuant to section 157.9 of the on the environmental review of this other information, call (866) 208–3676 Commission’s rules (18 CFR 157.9), project should submit an original and (toll free). For TTY, call (202) 502–8659. within 90 days of this Notice, the two copies of their comments to the Commission staff will either: Complete Secretary of the Commission. Dated: May 28, 2020. its environmental assessment (EA) and Environmental commenters will be Nathaniel J. Davis, Sr., place it into the Commission’s public placed on the Commission’s Deputy Secretary. record (eLibrary) for this proceeding or environmental mailing list and will be [FR Doc. 2020–11948 Filed 6–2–20; 8:45 am] issue a Notice of Schedule for notified of meetings associated with the BILLING CODE 6717–01–P Environmental Review. If a Notice of Commission’s environmental review

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process. Environmental commenters Natural’s 24 inch-diameter A-line and There are two ways to become will not be required to serve copies of approximately 19 miles of its 20-inch- involved in the Commission’s review of filed documents on all other parties. diameter J-line located in Clay and this project. First, any person wishing to However, the non-party commenters Washington counties in Kansas, and in obtain legal status by becoming a party will not receive copies of all documents Gage, Jefferson, Lancaster and Otoe to the proceedings for this project filed by other parties or issued by the counties in Nebraska. Northern Natural should, on or before the comment date Commission and will not have the right further seeks authorization to construct stated below file with the Federal to seek court review of the and operate an additional natural gas- Energy Regulatory Commission, 888 Commission’s final order. driven ISO rated 15,900-Solar Mars First Street NE, Washington, DC 20426, As of the February 27, 2018 date of turbine unit compressor unit at a motion to intervene in accordance the Commission’s order in Docket No. Northern Natural ’s existing Beatrice with the requirements of the CP16–4–001, the Commission will compressor station located in Gage Commission’s Rules of Practice and apply its revised practice concerning County, Nebraska at an estimated cost of Procedure (18 CFR 385.214 or 385.211) out-of-time motions to intervene in any $29,730,000, all as more fully described and the Regulations under the NGA (18 new NGA section 3 or section 7 in their application which is on file CFR 157.10). A person obtaining party proceeding.1 Persons desiring to become with the Commission and open to status will be placed on the service list a party to a certificate proceeding are to public inspection. maintained by the Secretary of the intervene in a timely manner. If seeking In addition to publishing the full text Commission and will receive copies of to intervene out-of-time, the movant is of this document in the Federal all documents filed by the applicant and required to ‘‘show good cause why the Register, the Commission provides all by all other parties. A party must submit time limitation should be waived,’’ and interested persons an opportunity to seven copies of filings made in the should provide justification by reference view and/or print the contents of this proceeding with the Commission and to factors set forth in Rule 214(d)(1) of document via the internet through the must mail a copy to the applicant and the Commission’s Rules and Commission’s Home Page (http:// to every other party. Only parties to the 2 Regulations. ferc.gov) using the ‘‘eLibrary’’ link. proceeding can ask for court review of The Commission strongly encourages Enter the docket number excluding the Commission orders in the proceeding. electronic filings of comments, protests last three digits in the docket number However, a person does not have to and interventions in lieu of paper using field to access the document. At this intervene in order to have comments the ‘‘eFiling’’ link at http:// time, the Commission has suspended considered. The second way to www.ferc.gov. Persons unable to file access to the Commission’s Public participate is by filing with the electronically should submit original Reference Room, due to the Secretary of the Commission, as soon as possible, an original and two copies of and five copies of the protest or proclamation declaring a National comments in support of or in opposition intervention to the Federal Energy Emergency concerning the Novel to this project. The Commission will Regulatory Commission, 888 First Street Coronavirus Disease (COVID–19), issued consider these comments in NE, Washington, DC 20426. by the President on March 13, 2020. For Comment Date: 5:00 p.m. Eastern determining the appropriate action to be assistance, contact the Federal Energy Time on June 18, 2020. taken, but the filing of a comment alone Regulatory Commission at will not serve to make the filer a party Dated: May 28, 2020. [email protected] or call to the proceeding. The Commission’s Kimberly D. Bose, toll-free, (886) 208–3676 or TYY, (202) rules require that persons filing Secretary. 502–8659. comments in opposition to the project [FR Doc. 2020–11950 Filed 6–2–20; 8:45 am] Any questions concerning this provide copies of their protests only to BILLING CODE 6717–01–P application may be directed to Michael the party or parties directly involved in T. Loeffler, Senior Director Certificates the protest. and External Affairs, Northern Natural Persons who wish to comment only DEPARTMENT OF ENERGY Gas Company, P.O. Box 3330, Omaha, on the environmental review of this NE 68103–0330, by telephone at (402) project should submit an original and Federal Energy Regulatory 398–7103, by facsimile at (402) 398– Commission two copies of their comments to the 7592, or by email at mike.loeffler@ Secretary of the Commission. [Docket No. CP20–460–000] nngco.com. Environmental commenters will be Pursuant to section 157.9 of the placed on the Commission’s Northern Natural Gas Company; Notice Commission’s rules (18 CFR 157.9), environmental mailing list, will receive of Application within 90 days of this Notice, the copies of the environmental documents, Take notice that on March 21, 2020, Commission staff will issue a Notice of and will be notified of meetings Northern Natural Gas Company Schedule for Environmental Review. If associated with the Commission’s (Northern Natural), 1111 South 103rd a Notice of Schedule for Environmental environmental review process. Street, Omaha, NE 68124–1000, filed in Review is issued, it will indicate, among Environmental commenters will not be Docket No. CP20–460–000 an other milestones, the anticipated date required to serve copies of filed application (Clifton to Palmyra A-line for the Commission staff’s issuance of documents on all other parties. Abandonment Project) pursuant to the environmental assessment (EA) for However, the non-party commenters section 7(b) and 7(c) of the Natural Gas this proposal. The issuance of a Notice will not receive copies of all documents Act (NGA) and Part 157 of the of Schedule for Environmental Review filed by other parties or issued by the Commission’s regulations for will serve to notify federal and state Commission (except for the mailing of authorization to abandon in-place agencies of the timing for the environmental documents issued by the approximately 96 miles Northern completion of all necessary reviews, and Commission) and will not have the right the subsequent need to complete all to seek court review of the 1 Tennessee Gas Pipeline Company, L.L.C., 162 federal authorizations within 90 days of Commission’s final order. FERC ¶ 61,167 at ¶ 50 (2018). the date of issuance of the Commission As of the February 27, 2018 date of 2 18 CFR 385.214(d)(1). staff’s EA. the Commission’s order in Docket No.

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CP16–4–001, the Commission will Accession Number: 202005275096. 2020. The Agency will consider all apply its revised practice concerning Comments/Protests Due: 5 p.m. ET 6/ comments received and may modify or out-of-time motions to intervene in any 17/2020. withdraw its consent to the proposed new NGA section 3 or section 7 Docket Numbers: RP20–885–000. settlement if comments received proceeding.1 Persons desiring to become Applicants: Algonquin Gas disclose facts or considerations which a party to a certificate proceeding are to Transmission, LLC. indicate that the proposed settlement is intervene in a timely manner. If seeking Description: § 4(d) Rate Filing: inappropriate, improper, or inadequate. to intervene out-of-time, the movant is Negotiated Rate—Keyspan to Castleton ADDRESSES: Copies of the settlement are required to ‘‘show good cause why the 802264 to be effective 6/1/2020. available from the Agency by contacting time limitation should be waived,’’ and Filed Date: 5/27/20. Ms. Paula V. Painter, Program Analyst, should provide justification by reference Accession Number: 20200527–5026. using information within this notice or to factors set forth in Rule 214(d)(1) of Comments Due: 5 p.m. ET 6/8/20. can be accessed on the Agency’s web the Commission’s Rules and The filings are accessible in the page https://www.epa.gov/aboutepa/ Regulations.2 Commission’s eLibrary system by about-epa-region-4-southeast#r4-public- The Commission strongly encourages clicking on the links or querying the notices. Comments may be submitted by electronic filings of comments, protests docket number. referencing the Site’s name or Docket and interventions in lieu of paper using Any person desiring to intervene or #CERCLA–04–2020–2500 through email the ‘‘eFiling’’ link at http:// protest in any of the above proceedings at [email protected]. must file in accordance with Rules 211 www.ferc.gov. Persons unable to file FOR FURTHER INFORMATION CONTACT: and 214 of the Commission’s electronically may mail similar Paula V. Painter at 404/562–8887. pleadings to the Federal Energy Regulations (18 CFR 385.211 and Regulatory Commission, 888 First Street 385.214) on or before 5:00 p.m. Eastern Dated: April 14, 2020. NE, Washington, DC 20426. Hand time on the specified date(s). Protests Maurice Horsey, delivered submissions in docketed may be considered, but intervention is Chief, Enforcement Branch, Superfund & proceedings should be delivered to necessary to become a party to the Emergency Management Division. Health and Human Services, 12225 proceeding. [FR Doc. 2020–11929 Filed 6–2–20; 8:45 am] Wilkins Avenue, Rockville, Maryland eFiling is encouraged. More detailed BILLING CODE 6560–50–P 20852. information relating to filing Comment Date: 5:00 p.m. Eastern requirements, interventions, protests, Standard Time on June 18, 2020. service, and qualifying facilities filings EQUAL EMPLOYMENT OPPORTUNITY can be found at: http://www.ferc.gov/ Dated: May 28, 2020. COMMISSION docs-filing/efiling/filing-req.pdf. For Kimberly D. Bose, other information, call (866) 208–3676 Sunshine Act Meetings Secretary. (toll free). For TTY, call (202) 502–8659. [FR Doc. 2020–11949 Filed 6–2–20; 8:45 am] AGENCY HOLDING THE MEETING: Equal Dated: May 28, 2020. BILLING CODE 6717–01–P Employment Opportunity Commission. Nathaniel J. Davis, Sr., TIME AND DATE: Thursday, June 11, 2020, Deputy Secretary. 1:00 p.m. Eastern Time. DEPARTMENT OF ENERGY [FR Doc. 2020–11947 Filed 6–2–20; 8:45 am] PLACE: The meeting will be open to the BILLING CODE 6717–01–P Federal Energy Regulatory public. Note: Because of the COVID–19 Commission pandemic, the meeting will be held as an audio-only conference. The public ENVIRONMENTAL PROTECTION Combined Notice of Filings may observe/listen to the audio-only AGENCY conference by following the instructions Take notice that the Commission has [CERCLA–04–2020–2500; FRL–10007–80– that will be posted on www.eeoc.gov 24 received the following Natural Gas Region 4] hours before the meeting. Closed Pipeline Rate and Refund Report filings: captioning services will be available. Hydromex Superfund Site, Yazoo City, Docket Number: PR20–62–000. STATUS: The meeting will be open to the Mississippi Notice of Settlement Applicants: Black Hills Wyoming Gas, public. LLC. AGENCY: Description: Tariff filing per Environmental Protection MATTER TO BE CONSIDERED: The 284.123(b),(e)/: Black Hills Wyoming Agency (EPA). following item will be considered at the Gas, LLC SOC Baseline Filing to be ACTION: Notice of settlement. meeting: Americans with Disabilities effective 5/12/2020. Act, Notice of Proposed Rulemaking on SUMMARY: Under 122(h) of the Wellness. Filed Date: 5/26/2020. Comprehensive Environmental Accession Number: 202005265158. Note: In accordance with the Response, Compensation and Liability Comments/Protests Due: 5 p.m. ET 6/ Sunshine Act, the public will be able to Act (CERCLA), the United States 16/2020. observe/listen to the Commission’s Environmental Protection Agency (EPA) deliberations and voting. (In addition to Docket Number: PR20–63–000. has entered into an Administrative publishing notices on EEOC Applicants: Southwest Gas Settlement Agreement and Order on Corporation. Commission meetings in the Federal Consent for Removal Actions with Register, the Commission also provides Description: Tariff filing per 284.224/ potentially responsible parties (PRPs) .123: Application for Blanket Certificate information about Commission meetings concerning the Hydromex Superfund on its website, www.eeoc.gov., and to be effective 5/26/2020. Site located in Yazoo City, Mississippi. Filed Date: 5/27/2020. provides a recorded announcement a The settlement is for the performance of week in advance on future Commission a removal action. 1 Tennessee Gas Pipeline Company, L.L.C., 162 sessions.) Please telephone (202) 663– FERC ¶ 61,167 at ¶ 50 (2018). DATES: The Agency will consider public 7100 (voice) or email 2 18 CFR 385.214(d)(1). comments on the settlement until July 6, [email protected]

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at any time for information on this to the web page http://www.reginfo.gov/ Respondents: Business or other for- meeting. public/do/PRAMain, (2) look for the profit entities. CONTACT PERSON FOR MORE INFORMATION: section of the web page called Number of Respondents and Bernadette B. Wilson, Executive Officer ‘‘Currently Under Review,’’ (3) click on Responses: 4,902 respondents and 7,082 on (202) 663–4077. the downward-pointing arrow in the responses. ‘‘Select Agency’’ box below the Estimated Time per Response: 0.5 to Raymond L. Peeler, ‘‘Currently Under Review’’ heading, (4) 5 hours. Assistant Legal Counsel. select ‘‘Federal Communications Frequency of Response: On occasion [FR Doc. 2020–12108 Filed 6–1–20; 4:15 pm] Commission’’ from the list of agencies reporting requirement; Third party BILLING CODE 6570–01–P presented in the ‘‘Select Agency’’ box, disclosure requirement. (5) click the ‘‘Submit’’ button to the Obligation to Respond: Required to right of the ‘‘Select Agency’’ box, (6) obtain or retain benefits. The statutory FEDERAL COMMUNICATIONS when the list of FCC ICRs currently authority for this action is contained in COMMISSION under review appears, look for the Title Sections 1, 4(i) and (j), 325, 338, 614, of this ICR and then click on the ICR [OMB 3060–0844; FRS 16790] 615, 631, 632, and 653 of the Reference Number. A copy of the FCC Communications Act of 1934, as Information Collection Being submission to OMB will be displayed. amended, 47 U.S.C. 151, 154(i) and (j), Submitted for Review and Approval to SUPPLEMENTARY INFORMATION: The 325, 338, 534, 535, 551, 552, and 573. Office of Management and Budget Commission may not conduct or Total Annual Burden: 4,486 hours. sponsor a collection of information Total Annual Cost: No cost. AGENCY: Federal Communications unless it displays a currently valid Nature and Extent of Confidentiality: Commission. Office of Management and Budget There is no need for confidentiality with ACTION: Notice and request for (OMB) control number. No person shall this collection of information. comments. be subject to any penalty for failing to Privacy Impact Assessment: No comply with a collection of information impact(s). SUMMARY: As part of its continuing effort subject to the PRA that does not display Needs and Uses: Under Section 614 of to reduce paperwork burdens, as a valid OMB control number. the Communications Act and the required by the Paperwork Reduction As part of its continuing effort to implementing rules adopted by the Act (PRA) of 1995, the Federal reduce paperwork burdens, as required Commission, commercial TV broadcast Communications Commission (FCC or by the Paperwork Reduction Act (PRA) stations are entitled to assert mandatory the Commission) invites the general of 1995 (44 U.S.C. 3501–3520), the FCC carriage rights on cable systems located public and other Federal Agencies to invited the general public and other within the station’s television market. take this opportunity to comment on the Federal Agencies to take this Under Section 325(b) of the following information collection. opportunity to comment on the Communications Act, commercial TV Pursuant to the Small Business following information collection. broadcast stations are entitled to Paperwork Relief Act of 2002, the FCC Comments are requested concerning: (a) negotiate with local cable systems for seeks specific comment on how it can Whether the proposed collection of carriage of their signal pursuant to further reduce the information information is necessary for the proper retransmission consent agreements in collection burden for small business performance of the functions of the lieu of asserting must carry rights. This concerns with fewer than 25 employees. Commission, including whether the system is therefore referred to as ‘‘Must- information shall have practical utility; DATES: Written comments and Carry and Retransmission Consent.’’ (b) the accuracy of the Commission’s recommendations for the proposed Under Section 615 of the burden estimates; (c) ways to enhance information collection should be Communications Act, noncommercial submitted on or before July 6, 2020. the quality, utility, and clarity of the information collected; and (d) ways to educational (NCE) stations are also ADDRESSES: Comments should be sent to minimize the burden of the collection of entitled to assert mandatory carriage www.reginfo.gov/public/do/PRAMain. rights on cable systems located within Find this particular information information on the respondents, including the use of automated the station’s market; however, collection by selecting ‘‘Currently under noncommercial TV broadcast stations 30-day Review—Open for Public collection techniques or other forms of information technology. Pursuant to the are not entitled to retransmission Comments’’ or by using the search Small Business Paperwork Relief Act of consent. function. Your comment must be 2002, Public Law 107–198, see 44 U.S.C. In 2019, the Commission adopted new submitted into www.reginfo.gov per the 3506(c)(4), the FCC seeks specific rules governing the delivery and form of above instructions for it to be comment on how it might ‘‘further carriage election notices. Electronic considered. In addition to submitting in reduce the information collection Delivery of MVPD Communications, www.reginfo.gov also send a copy of burden for small business concerns with Modernization of Media Regulation your comment on the proposed fewer than 25 employees.’’ Initiative, MB Docket Nos. 17–105, 17– information collection to Cathy OMB Control Number: 3060–0844. 317, Report and Order and Further Williams, FCC, via email to PRA@ Title: Carriage of the Transmissions of Notice of Proposed Rulemaking, FCC fcc.gov and to [email protected]. Television Broadcast Stations: Section 19–69, 34 FCC Rcd 5922(2019) (2019 Include in the comments the OMB 76.56(a), Carriage of qualified Report and Order). That decision control number as shown in the noncommercial educational stations; modernized the carriage election notice SUPPLEMENTARY INFORMATION below. Section 76.57, Channel positioning; rules by moving the process online for FOR FURTHER INFORMATION CONTACT: For Section 76.61(a)(1)–(2), Disputes most broadcasters and multichannel additional information or copies of the concerning carriage; Section 76.64, video programming distributors information collection, contact Cathy Retransmission consent. (MVPDs), but the Commission sought Williams at (202) 418–2918. To view a Form Number: N/A. comment on how to apply these copy of this information collection Type of Review: Revision of a updated rules to certain small broadcast request (ICR) submitted to OMB: (1) Go currently approved collection. stations and MVPDs.

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In 2020, the Commission adopted a email address, must be copied to DATES: Written comments and Report and Order that resolved the [email protected], and must recommendations for the proposed remaining issues regarding carriage include the same information required information collection should be election notice rules for small broadcast for a change notification except that the submitted on or before July 6, 2020. stations and MVPDs. Electronic Delivery notification may simply confirm the ADDRESSES: Comments should be sent to of MVPD Communications, existing carriage status rather than a www.reginfo.gov/public/do/PRAMain. Modernization of Media Regulation change in status. Find this particular information Initiative, MB Docket Nos. 17–105, 17– All qualified NCE translator stations collection by selecting ‘‘Currently under 317, Report and Order, FCC 20–14, 2020 must provide email notice to all MVPDs 30-day Review—Open for Public WL 948697 (rel. Feb. 25, 2020) (2020 that are or will be carrying the translator Comments’’ or by using the search Report and Order). Pursuant to that no later than the next carriage election function. Your comment must be decision, the obligations of certain small deadline of October 1, 2020. Similar to submitted into www.reginfo.gov per the broadcasters and MVPDs were slightly qualified LPTVs, these notifications above instructions for it to be modified. must be sent to an MVPD’s carriage considered. In addition to submitting in This information collection is being election-specific email address, must be www.reginfo.gov also send a copy of revised to reflect the changes to 47 CFR copied to [email protected], and your comment on the proposed 76.64(h) as well as other new must include the station’s call sign, the information collection to Nicole Ongele, obligations adopted in the 2020 Report station’s community of license, and the FCC, via email to [email protected] and to and Order, which require review and DMA where the station is located and [email protected]. Include in the approval from the Office of Management within which it has elected to be comments the OMB control number as and Budget (OMB). carried. shown in the SUPPLEMENTARY 47 CFR 76.64(h)(5) is amended to INFORMATION below. require low power television stations Federal Communications Commission. FOR FURTHER INFORMATION CONTACT: For and non-commercial educational Marlene Dortch, additional information or copies of the translator stations that are qualified Secretary, Office of the Secretary. information collection, contact Nicole under 47 CFR 76.55 and retransmitted [FR Doc. 2020–11909 Filed 6–2–20; 8:45 am] Ongele at (202) 418–2991. To view a by an MVPD to, beginning no later than BILLING CODE 6712–01–P copy of this information collection July 31, 2020, respond as soon as is request (ICR) submitted to OMB: (1) Go reasonably possible to messages or calls to the web page http://www.reginfo.gov/ from MVPDs that are received via the FEDERAL COMMUNICATIONS public/do/PRAMain, (2) look for the email address or phone number the COMMISSION section of the web page called station provides in the Commission’s ‘‘Currently Under Review,’’ (3) click on Licensing and Management System [OMB 3060–0390, OMB 3060–1003; FRS the downward-pointing arrow in the (LMS) database. 16802] A qualified Low Power Television ‘‘Select Agency’’ box below the (LPTV) station that changes its carriage Information Collections Being ‘‘Currently Under Review’’ heading, (4) election must send an election change Submitted for Review and Approval to select ‘‘Federal Communications notice to each affected MVPD’s carriage Office of Management and Budget Commission’’ from the list of agencies election-specific email address by the presented in the ‘‘Select Agency’’ box, carriage election deadline. Such change AGENCY: Federal Communications (5) click the ‘‘Submit’’ button to the notices must include, with respect to Commission. right of the ‘‘Select Agency’’ box, (6) each station covered by the notice: The ACTION: Notice and request for when the list of FCC ICRs currently station’s call sign, the station’s comments. under review appears, look for the Title community of license, the DMA where of this ICR and then click on the ICR the station is located, the specific SUMMARY: As part of its continuing effort Reference Number. A copy of the FCC change being made in election status, to reduce paperwork burdens, as submission to OMB will be displayed. and an email address and phone required by the Paperwork Reduction SUPPLEMENTARY INFORMATION: As part of number for carriage-related questions. Act (PRA) of 1995, the Federal its continuing effort to reduce LPTV notices to cable operators need to Communications Commission (FCC or paperwork burdens, as required by the identify specific cable systems for the Commission) invites the general Paperwork Reduction Act (PRA) of 1995 which a carriage election applies only if public and other Federal Agencies to (44 U.S.C. 3501–3520), the FCC invited the broadcaster changes its election for take this opportunity to comment on the the general public and other Federal some systems of the cable operator but following information collection. Agencies to take this opportunity to not all. In addition, the broadcaster Pursuant to the Small Business comment on the following information must carbon copy ElectionNotices@ Paperwork Relief Act of 2002, the FCC collection. Comments are requested FCC.gov, the Commission’s election seeks specific comment on how it might concerning: (a) Whether the proposed notice verification email inbox, when ‘‘further reduce the information collection of information is necessary sending its carriage elections to MVPDs. collection burden for small business for the proper performance of the All qualified LPTV stations, whether concerns with fewer than 25 functions of the Commission, including being carried pursuant to must carry or employees.’’ The Commission may not whether the information shall have retransmission consent, must send an conduct or sponsor a collection of practical utility; (b) the accuracy of the email notice to all MVPDs that are or information unless it displays a Commission’s burden estimates; (c) will be carrying the station no later than currently valid Office of Management ways to enhance the quality, utility, and the next carriage election deadline of and Budget (OMB) control number. No clarity of the information collected; and October 1, 2020. Qualified LPTVs must person shall be subject to any penalty (d) ways to minimize the burden of the do so even if they are not changing their for failing to comply with a collection collection of information on the carriage status from the current election of information subject to the PRA that respondents, including the use of cycle. These notifications must be sent does not display a valid OMB control automated collection techniques or to an MVPD’s carriage election-specific number. other forms of information technology.

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Pursuant to the Small Business information from satellite providers is providers have been expressly Paperwork Relief Act of 2002, Public contained in 47 U.S.C. 151 et. seq., authorized to participate in DIRS, but Law 107–198, see 44 U.S.C. 3506(c)(4), 154(i), 218, 303(r) of the DIRS does not currently include a the FCC seeks specific comment on how Communications Act of 1934, as tailored form for them to do so. it might ‘‘further reduce the information amended. Collecting this information from collection burden for small business Total Annual Burden: 16,320 hours. satellite providers via DIRS is necessary concerns with fewer than 25 Total Annual Costs: No Cost(s). to meet the Commission’s goals of employees.’’ Privacy Act Impact Assessment: No restoring communications quickly and OMB Control Number: 3060–0390. impact(s). ensuring that emergency and defense Title: Broadcast Station Annual Nature and Extent of Confidentiality: personnel have access to effective Employment Report, FCC Form 395–B. The information collection from communications during disaster events, Form Number: FCC–395–B. respondents shall be treated as thus helping fulfill the Commission’s Type of Review: Extension of a presumptively confidential upon filing. public safety mandate. currently approved collection. The Commission will limit direct access Second, as a part of the Commission’s Respondents: Business or other for- to DIRS reports to select Commission response to the 2017 hurricane season, profit entities, Not-for-profit staff and, with protections at least as the Commission adopted the PR and institutions. strong as required by the Freedom of USVI Funds Order to improve Puerto Number of Respondents and Information Act (FOIA), with select Rico and the U.S. Virgin Island’s Responses: 14,000 respondents, 14,000 federal and potentially state agency communications networks’ resiliency responses. partners, including the Department of and recovery efforts, amongst other Estimated Time per Response: 1 hour. Homeland Security (DHS). The purposes. (PR and USVI Funds Order, Commission will not publish the Frequency of Response: Annual FCC 19–95, para. 1–9). The PR and individual submissions but may publish reporting requirement. USVI Funds Order requires Support this information on an aggregated basis Obligation to Respond: Required to Recipients to report in DIRS. The in daily communications status reports. obtain or retain benefits. The statutory Commission requests a revision of the The Commission will also work with authority of this collection of currently approved collection to include respondents to ensure that any concerns information is contained in 47 U.S.C. mandatory DIRS reporting for Support regarding the confidentiality of their 154(i) and 334. Recipients. Mandatory DIRS reporting DIRS filings are resolved in a manner Total Annual Burden: 14,000 hours. will allow the Commission to track consistent with Commission rules. Total Annual Cost: No Cost. networking hardening efforts and Privacy Act Impact Assessment: No Needs and Uses: The Commission launched DIRS in 2007 pursuant to its increase Support Recipients’ impact(s). accountability, which the Commission Nature and Extent of Confidentiality: mandate to promote the safety of life expects will improve network hardening There is no need for confidentiality with and property through the use of wire efforts and make networks more this collection of information. and radio communication as required by resilient in future. The PR and USVI Needs and Uses: FCC Form 395–B, the Communications Act of 1934, as Funds Order does not otherwise alter the ‘‘Broadcast Station Annual amended. DIRS is a voluntary, efficient DIRS. Employment Report,’’ is a data and web-based system that collection device used by the communications companies may use to Federal Communications Commission. Commission to assess industry report their infrastructure status during Marlene Dortch, employment trends and provide reports times of crisis (e.g., related to a disaster). Secretary, Office of the Secretary. DIRS uses a number of template forms to Congress. By the form, broadcast [FR Doc. 2020–11908 Filed 6–2–20; 8:45 am] tailored to different communications licensees and permittees identify BILLING CODE 6712–01–P employees by gender and race/ethnicity sectors (i.e., wireless, wireline, in ten specified major job categories in broadcast, and cable) to facility the entry of this information. To use DIRS, the form. FEDERAL DEPOSIT INSURANCE OMB Control Number: 3060–1003. a company first inputs its emergency CORPORATION Title: Communications Disaster contact information. After this, they Information Reporting System (DIRS). submit information using the template Notice of the FDIC’s Response to Form No.: Not applicable. form appropriate for their Exception Requests Pursuant to Type of Review: Revision of a communications sector. OMB initially Recordkeeping for Timely Deposit currently approved collection. approved the DIRS information Insurance Determination Respondents: Business or other for- collection in 2007 under OMB Control profit entities; Not-for-profit Number 3060–1003, and OMB has AGENCY: Federal Deposit Insurance institutions; Federal Government; and/ approved multiple revisions and Corporation (FDIC). or State, local or tribal governments. extensions of the collection since that ACTION: Notice of the FDIC’s response to Number of Respondents and time. (See OMB Control No. 3060–1003; exception requests pursuant to the Responses: 400 respondents and 07/21/2007; 06/08/2012; 07/02/2015; Recordkeeping for Timely Deposit 104,000 responses. 07/17/2018.) Insurance Determination rule. Estimated Time per Response: 0.1–0.5 The Commission is now revising the hours. DIRS information collection to provide SUMMARY: In accordance with its rule Frequency of Response: On occasion for one new form tailored to satellite regarding recordkeeping for timely reporting requirement. communications providers and to deposit insurance determination, the Obligation to Respond: Mandatory update its previous burden estimates. FDIC is providing notice to covered and Voluntary. For Support Recipients, First, the new form has the same general institutions that it has granted a time- the obligation to report is mandatory. scope as existing forms, already limited exception concerning the For all other DIRS participants, the approved by OMB, but is tailored to information technology system obligation to report is voluntary. satellite providers’ networks. Since requirements and general recordkeeping Statutory authority for collecting this OMB’s 2007 approval, satellite requirements for certain accounts that

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require data cleanup, system updates, or failure to satisfy conditions applicable status report to the FDIC when deemed customer outreach to make a deposit to each. These grants of relief will be appropriate by the FDIC during the insurance determination and a time- subject to ongoing FDIC review, exception relief period; and limited exception from information analysis, and verification during the immediately notify the FDIC of any technology system requirements and FDIC’s routine part 370 compliance change in relevant circumstances or general recordkeeping requirements for tests. The following exceptions were conditions. certain internal (work-in-process) granted by the FDIC as of May 28, 2020. II. Certain Internal Accounts That accounts that require an additional 24 I. Certain Deposit Accounts for Which Require an Additional 24 Hours Post hours (48 hours in total) post failure to the Covered Institution’s Information Failure for the Covered Institution To obtain beneficial ownership information Technology System Is Not Capable of Obtain Beneficial Ownership from internal business lines necessary to Completing Deposit Insurance Information From Internal Business make a deposit insurance Calculation Process Because Additional Lines Necessary To Make a Deposit determination. Time Is Required for Data Clean Up, Insurance Determination DATES: The FDIC’s grants of exception System Updates, and Customer The FDIC granted a time-limited relief were effective as of May 28, 2020. Outreach exception from the information FOR FURTHER INFORMATION CONTACT: The FDIC granted a time-limited technology requirements set forth in Benjamin Schneider, Section Chief, exception from the information section 370.3 and general recordkeeping Division of Complex Institution technology requirements set forth in requirements set forth in section Supervision and Resolution; section 370.3 and general recordkeeping 370.4(a) of the rule for certain internal [email protected]; 917–320–2534. requirements set forth in section (work-in-process) accounts that will SUPPLEMENTARY INFORMATION: The FDIC 370.4(a) of the rule to allow a covered require an additional 24 hours (48 hours has granted two exception requests institution to perform data cleanup, in total) post failure to obtain beneficial pursuant to the FDIC’s rule entitled system updates, or customer outreach ownership information from internal ‘‘Recordkeeping for Timely Deposit for certain legacy deposit accounts business lines necessary to make a Insurance Determination,’’ codified at (including a limited number of joint deposit insurance determination. The 12 CFR part 370 (part 370).1 Part 370 accounts, formal trust accounts, covered institution identified these generally requires covered institutions informal revocable trust accounts, internal accounts as accounts utilized to implement the information accounts with limited instances of for functions such as clearing, technology system and recordkeeping erroneous or missing data, and settlement, suspense, funding, transfers, capabilities needed to quickly calculate government accounts) so that the escheatment, holding unclaimed the amount of deposit insurance covered institution’s deposit account property or seized assets, garnishment, coverage available for each deposit records and part 370-compliant IT work-in-process, or other functions account in the event of failure. Pursuant system capabilities can be used to where an institution acts as an to section 370.8(b)(1), one or more calculate deposit insurance for those intermediary to facilitate a transaction. covered institutions may submit a accounts. The covered institution did Such accounts do not qualify for request in the form of a letter to the not collect, or have a mechanism to alternative recordkeeping and most FDIC for an exception from one or more collect, such account information prior transactions in the accounts settle more of the requirements of part 370 if to the FDIC’s adoption of part 370 and than 48 hours after initiation of the circumstances exist that would make it anticipates that it may not be able to instruction. impracticable or overly burdensome to collect such information before its In connection with the FDIC’s grant of meet those requirements. Pursuant to compliance date. relief, the covered institution described section 370.8(b)(3), a covered institution In connection with the FDIC’s grant of the internal (work-in-process) accounts may rely upon another covered relief, the covered institution has in detail, including, account titling, the institution’s exception request which represented that it will confirm number of accounts, account balances, the FDIC has previously granted by evidence of joint ownership for a data and trends regarding transaction notifying the FDIC that it will invoke limited number of joint accounts; settlement cycles, business-as-usual relief from certain part 370 requirements review records and obtain the number of processes in place, funds above and and demonstrating that the covered beneficiaries for informal revocable below $250,000, and zero-balance institution has substantially similar trusts accounts; classify formal trust accounts. The covered institution has facts and circumstances to those of the accounts with the proper ownership, represented that it will maintain the covered institution that has already right and capacity code; review and capability to place holds on the deposit received the FDIC’s approval. The update records for accounts with accounts subject to the exception in the notification letter must also include the missing or incomplete information in event of its failure until a deposit information required under section limited instances; obtain official insurance determination can be made; 370.8(b)(1) and cite the applicable custodian information needed to place all such accounts into the pending notice published pursuant to section calculate deposit insurance coverage for file of the covered institution’s part 370 370.8(b)(2). Unless informed otherwise government deposit accounts; and output files; document procedures and by the FDIC within 120 days after perform system updates. The covered processes to upload the data into the receipt of a complete notification for institution will also perform, when covered institution’s deposit insurance exception, the exception will be deemed necessary, customer outreach to update calculation engine; and certify that the granted subject to the same conditions deposit records for the subject accounts. covered institution can obtain set forth in the FDIC’s published notice. As conditions of relief, the covered information from internal business lines These grants of relief may be institution will ensure that holds can be necessary to make a deposit insurance rescinded or modified upon material placed on all deposit accounts subject to determination within 48 hours after change of circumstances or conditions this time-limited exception in the event appointment of the FDIC as receiver. As related to the subject accounts, or upon of its failure until sufficient information conditions of relief, the covered is obtained to enable calculation of institution will be capable of conducting 1 12 CFR part 370. deposit insurance coverage; submit a a deposit insurance determination for

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all subject internal accounts within 48 (HMDA), and sets out the privacy publishes the required Enterprise hours after appointment of the FDIC as protections for the HMDA data. The mortgage data annually in the Enterprise receiver; provide annually, data Order also adds geographic indicators PUDB.2 The data elements in the PUDB, regarding the number of and amount of related to the Enterprise Duty to Serve and their privacy or proprietary deposits held in such covered internal program to the Enterprise PUDB to modifications, are set out in matrices accounts; provide a final copy of the provide greater transparency to the and data dictionaries.3 documentation that describes the public about the Enterprises’ Duty to The PUDB must contain the mortgage processes put in place to obtain Serve activities. All the data data elements required to be reported to beneficial ownership information specifications set out in the Order apply FHFA by the Enterprises, which include necessary to make an insurance to future annual PUDB releases, until the same data elements required to be determination within 48 hours of failure further modified by FHFA. A new 2018 reported under HMDA.4 The HMDA for the internal accounts; make PUDB will be released by FHFA data must be disclosed in the PUDB at reasonable efforts, in the ordinary containing the data elements added by the census tract level.5 The HMDA data course of upgrading its information the Order, replacing an interim PUDB may not be withheld from the PUDB to technology systems, to implement an released on September 23, 2019 that protect any Enterprise proprietary information technology solution that does not include the new HMDA data interests, but must be withheld or would permit a deposit insurance elements or Duty to Serve geographic modified to protect borrower privacy, determination for the excepted accounts indicators. The revised matrices setting subject to the privacy considerations set within 24 hours; and immediately bring out the PUDB data requirements and forth in section 304(j) of HMDA.6 The to the FDIC’s attention any change of privacy and proprietary protection non-HMDA data in the PUDB may circumstances or conditions. modifications are available on FHFA’s receive proprietary and privacy 7 Federal Deposit Insurance Corporation. website at https://www.fhfa.gov/ protections. DataTools/Downloads/Pages/Public- HMDA is a mortgage data disclosure Dated at Washington, DC, on May 29, 2020. Use-Databases.aspx. The expansion of statute enacted in 1975. HMDA requires Robert E. Feldman, the PUDB data requirements will that covered financial institutions Executive Secretary. enhance transparency about the annually submit to the appropriate [FR Doc. 2020–11987 Filed 6–2–20; 8:45 am] Enterprises’ mortgage purchase Federal agency loan-level data related to BILLING CODE 6714–01–P activities. the loans they originated or purchased 8 DATES: The Order is applicable May 27, in a calendar year. The CFPB 2020. FEDERAL HOUSING FINANCE section 1302 provides that all HUD regulations AGENCY FOR FURTHER INFORMATION CONTACT: For ‘‘shall remain in effect . . . until modified, questions on data or methodology, terminated, set aside, or superseded’’ by FHFA. 12 [No. 2020–N–11] contact Ian Keith, Senior Program U.S.C. 4511 note. Because FHFA has not yet adopted its own regulation governing the PUDB, Analyst, (202) 649–3114, Ian.Keith@ FHFA administers the PUDB under the HUD Notice of Order: Revisions to Data fhfa.gov; for legal questions, contact Requirements for Enterprise Public regulation’s general standards and procedures and Maura Dundon, Assistant General FHFA Orders applying them to the data published Use Database To Include New Home Counsel, (202) 649–3961, in the PUDB. Mortgage Disclosure Act Data [email protected], or Sharon 2 The Enterprise PUDBs are available on FHFA’s Elements website at https://www.fhfa.gov/DataTools/ Like, Managing Associate General Downloads/Pages/Public-Use-Databases.aspx. HUD AGENCY: Federal Housing Finance Counsel, (202) 649–3057, Sharon.Like@ continues to host the pre-HERA PUDB datasets at Agency. fhfa.gov (these are not toll-free https://www.huduser.gov/portal/datasets/gse.html. numbers); Federal Housing Finance 3 The matrices for the PUDB prior to this revision ACTION: Notice of order. are published at 76 FR at 60037–60046. The Agency, 400 Seventh Street SW, updated matrices have been published on the FHFA SUMMARY: An Order issued by the Washington, DC 20219. The website at the link indicated in the SUMMARY above. Federal Housing Finance Agency Telecommunications Device for the Deaf The data dictionaries will also be published on the (FHFA) on May 27, 2020 revises data is (800) 877–8339. FHFA website. 4 The Safety and Soundness Act requires the requirements for the Enterprise Public SUPPLEMENTARY INFORMATION: Use Database (PUDB) and modifies PUDB to include data submitted by the Enterprises I. Background to FHFA in the mortgage reports required under the FHFA’s previous Enterprise PUDB Federal National Mortgage Association Charter Act, Orders issued in 2010 and 2011. The A. Statutory and Regulatory 12 U.S.C. 1723a(m), and the Federal Home Loan Enterprise PUDB contains data related Requirements Mortgage Corporation Act, 12 U.S.C. 1456(e) to single-family and multifamily (Charter Acts). 12 U.S.C. 4543(a)(1). These mortgage The Safety and Soundness Act, as reports and the PUDB are required to include the mortgages purchased by the Federal amended by the Housing and Economic same data elements required to be reported under National Mortgage Association (Fannie HMDA, 12 U.S.C. 2801 et seq., subject to the Recovery Act of 2008 (HERA), requires Mae) and the Federal Home Loan privacy considerations in 12 U.S.C. 2803(j). 12 FHFA to make publicly available, by Mortgage Corporation (Freddie Mac) U.S.C. 4543(a)(2), 4546(d)(1). September 30 of each year, certain loan- 5 12 U.S.C. 4543(a)(2). ‘‘Census tract level’’ means (collectively, the Enterprises) in a level mortgage data elements related to that the mortgage data is disclosed in individual calendar year. FHFA publishes the single-family and multifamily mortgages loan records, which include the census tract PUDB annually pursuant to the location of the mortgaged property as a geographic purchased by the Enterprises in the requirements of the Federal Housing identifier. previous calendar year.1 FHFA 6 Enterprises Financial Safety and 12 U.S.C. 4543(b)(2), 4546(d). 7 12 U.S.C. 4543(b)(1), 4546(a); 24 CFR Soundness Act of 1992 (Safety and 1 12 U.S.C. 4543, 4546(d). Section 1122 of HERA 81.72(b)(3), (c)(1). Soundness Act). The Order revises the transferred authority over these public data 8 The Enterprises are not subject to HMDA PUDB to include data elements that the requirements from the Department of Housing and reporting requirements under Regulation C because Enterprises collected in 2018 from their Urban Development (HUD) to FHFA. Public Law they do not originate mortgage loans, which is 110–289, 122 Stat. 2689 (July 30, 2008). A HUD prohibited by their Charter Acts, and Regulation C loan sellers that are the same as those regulation still in effect at FHFA sets out the general only applies to institutions that originate mortgage required to be reported under the Home standards and procedures governing the Enterprise loans. See 12 U.S.C. 1719(a)(2), 1454(a)(5), and 12 Mortgage Disclosure Act of 1975 PUDB. 24 CFR Subpart F (§§ 81.71–81.75). HERA CFR 1003.2(g). Instead, the Safety and Soundness

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implements HMDA through Regulation policymakers to monitor Enterprise strategies.15 The Census Tract Files C, which was amended in 2015 to add activities. The differences between the contain the census tract location of the new data HMDA elements, effective PUDB and the CFPB’s dataset published mortgaged property, and generally January 1, 2018.9 under Regulation C reflect Congress’s contain data statutorily required to be FHFA interprets the HMDA data intent that the PUDB supplement disclosed with the census tract. The publication requirement in the Safety HMDA.12 data elements in both the National Files and Soundness Act as an obligation to While the Enterprises are in and Census Tract Files are in some cases use the same data definitions as HMDA conservatorship, FHFA has further modified by rounding or for the Enterprise data published in the implemented the Safety and Soundness disclosing in ranges to protect private PUDB, where possible. The Safety and Act to require the Enterprises to provide and proprietary information. Soundness Act does not require FHFA to FHFA only the data they collect from For Enterprise single-family data, the to republish in the PUDB the same data their loan sellers as part of their PUDB comprises a Census Tract File that is in the CFPB’s public dataset established mortgage purchasing containing loan-level data that identifies issued under Regulation C. Rather, the the census tract location of the activities.13 Enterprises must report to FHFA the mortgaged properties; a National File A data elements they collect that generally In 2010, FHFA added HMDA data containing loan-level data on owner- conform with the HMDA definitions set elements to the PUDB to implement the occupied one-unit properties without out in Regulation C. For example, the Safety and Soundness Act the census tract or other geographic Enterprises must report data about their requirement.14 In 2018, new definitions identifier; a National File B containing purchased loans that would not be for HMDA data elements added by the unit-level data on all single-family reported for purchased loans under CFPB to Regulation C took effect. As a properties without the census tract or Regulation C,10 as well as data elements result, new Enterprise data elements other geographic identifier; and a that only partially conform to the that generally conform to the HMDA National File C containing the high-cost Regulation C data definitions.11 This definitions must be added to the PUDB securitized loan data required by 12 reflects FHFA’s view that the HMDA starting with the PUDB released in 2019 U.S.C. 4546(d)(2) without the census data specifications in Regulation C that contains 2018 data (2018 PUDB). tract or other geographic identifier. should be used as a guide to the types FHFA reviewed the data collected by For Enterprise multifamily data, the of data included in the PUDB that will the Enterprises from their loan sellers in PUDB comprises a Census Tract File be useful for the public and 2018 and identified the HMDA data containing loan-level data that identifies elements to be disclosed starting with the census tract location of the Act requires FHFA to publish any HMDA data the the 2018 PUDB. These data mortgaged properties; and a National Enterprises possess. See Notice of Order: Revisions specifications will apply to future PUDB File that does not identify the census to Enterprise Public Use Database, 75 FR 41180, annual releases, until further modified tract or other geographic location of the 41184 (July 15, 2010) (FHFA 2010 Order). Regulation C also requires covered entities to report by FHFA. mortgaged properties but contains on activities that are not relevant to the PUDB, such property-level data and unit class-level B. Structure of the PUDB as loan application denials. The PUDB only data on all multifamily properties. includes loan purchase records. All new HMDA data added to the 9 CFPB, Final Rule, Home Mortgage Disclosure The PUDB is a loan-level dataset (Regulation C), 80 FR 66128 (Oct. 28, 2015); 12 CFR containing data elements related to the PUDB starting in 2018 will be added to part 1003. The CFPB amended Regulation C twice single-family and multifamily loans the Census Tract Files, as required by in 2019, but these amendments do not change the acquired by the Enterprises in the the Safety and Soundness Act. It will HMDA data elements, and therefore do not impact not be added to the National Files in the Safety and Soundness Act requirement for the previous calendar year. It includes PDUB to include HMDA data. See 84 FR 69994 seasoned loans originated in years prior order to preserve existing privacy and (Dec, 20, 2019) and 84 FR 58003 (Oct. 29, 2019). to acquisition, and loans originated in proprietary protections in these Files, as 10 The Regulation C reporting requirements the same year as acquisition. the data could increase the ability to distinguish between loan purchases and loan The data elements for each loan are link the National Files to the Census originations, and exclude loan purchases from some Tract Files. data reporting requirements that apply to loan split into multiple files called National originations. FHFA has determined that because the Files and Census Tract Files. The multi- C. Proprietary Protections in the PUDB Enterprises are not purchasers under Regulation C, they do not qualify for any of the exemptions for file system reduces the likelihood of The Safety and Soundness Act HMDA loan purchasers when reporting HMDA data sensitive data elements being linked to provides generally that Enterprise to FHFA for the PUDB. See, e.g., FHFA 2010 Order, other data elements, which could proprietary data must be protected from 75 FR at 41185 (adding Rate Spread to the PUDB compromise borrower privacy or despite the fact that Regulation C did not require public disclosure.16 However, the loan purchasers to report Rate Spread at that time). Enterprise proprietary interests. The statute exempts certain types of data Instead, the PUDB records include data elements National Files in the PUDB have no elements from proprietary protection, that would only be required for loan originations in geographic identifiers. This reduces the the CFPB’s dataset. In addition, the CFPB’s public requiring their public disclosure subject dataset only includes records for loans sold to the likelihood of re-identification of only to borrower privacy protections. Enterprises in the same calendar year as origination, borrowers through linking the PUDB The exempted data elements are but the PUDB includes records for all loans data to other public sources containing income, census tract location, race, and purchased by the Enterprises in a calendar year, personally identifying data that include gender of single-family mortgagors, and regardless of year of origination. The PUDB also the census tract (such as county may contain HMDA data for loans that were exempt all other HMDA data.17 Some data or partially exempt from HMDA reporting property records). It also protects elements that were previously protected requirements under Regulation C because the Enterprise proprietary interests by as proprietary in the PUDB are now Enterprises have uniform seller data requirements masking their regional business that generally are not based on the loan originator’s status as a HMDA reporter covered by Regulation 15 HUD Final Order—Proprietary Data Submitted C. 12 See 60 FR 61846, 61875 (Dec. 1, 1995) (HUD by the Federal National Mortgage Association 11 For example, as discussed below in Section final rule) (citing Senate Committee on Banking, (Fannie Mae) and the Federal Home Loan Mortgage II.B.1, the PUDB includes Enterprise Application Housing, and Urban Affairs, S. Rep. No. 282, 102d Corporation (Freddie Mac), 61 FR 54322, 54323 Channel data, although it does not completely align Cong., 2d Sess. at 39 (1992)). (Oct. 17, 1996). with the Application Channel data in the CFPB’s 13 See FHFA 2010 Order, 75 FR at 41181. 16 12 U.S.C. 4543(b)(1); 4546(d). public dataset. 14 Id. at 41180. 17 12 U.S.C. 4543(b)(2).

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HMDA data elements, so they no longer ‘‘[s]ubject to privacy considerations, as To identify the new HMDA data eligible receive proprietary protections. described in section 304(j) of [HMDA],’’ for inclusion in the PUDB, FHFA The factors for determining which requires the CFPB to prescribe requested that the Enterprises map their proprietary protection of the Enterprise deletions that are appropriate to protect single-family and multifamily data data in the PUDB are set forth in the borrowers’ privacy interests. FHFA collections to the HMDA data HUD regulation which FHFA still interprets this provision as authorizing definitions in the amended Regulation administers. HUD applied the regulatory FHFA to follow the CFPB’s intended C. Based on the data mapping and factors in a series of Orders determining privacy determinations. Where FHFA discussions with the Enterprises, FHFA the proprietary protections for specific determines that privacy or other factors identified the new HMDA data elements data elements published in the PUDB. in the context of the PUDB call for collected by the Enterprises and The HUD Orders (but not the HUD different or more restrictive disclosure available to be included in the PUDB regulation) were superseded by FHFA of HMDA data elements than the CFPB Census Tract Files. FHFA also identified Orders that adopted the HUD Privacy Guidance, FHFA may data elements already disclosed in the proprietary determinations for the reasonably make such distinctions. PUDB that are defined as HMDA data specific data elements to be published Accordingly, FHFA is following the elements for the first time under the in the PUDB and added the new data CFPB’s intended privacy determinations amended Regulation C in 2018 and, required by HERA.18 for the PUDB (with one minor change to therefore, no longer qualify for FHFA protects proprietary data in the conform to FHFA’s regulatory definition proprietary protection in the PUDB. PUDB through two methods. First, data of small multifamily properties). In addition, FHFA identified groups is protected through the multi-file of HMDA data elements collected by the II. Changes to Enterprise Reporting system discussed above in Section I.B. Enterprises that will be excluded from Requirements and PUDB Disclosures Second, the individual data elements the PUDB. One group of HMDA data may be completely withheld from A. HMDA Data Review and New elements will be excluded in publication, or modified to reduce re- Reporting Requirements conformance with the CFPB Privacy identification risk by disclosing in As discussed above in Section I.A., Guidance, which intends to exclude ranges or rounding. FHFA requires the Enterprises to report them entirely from publication in the D. Privacy Protections in the PUDB the HMDA data they collect from loan CFPB’s public dataset. Another group of HMDA data elements drawn from The HUD regulation, which was sellers for publication in the PUDB. Accordingly, FHFA must periodically updated Enterprise seller data issued prior to the HERA amendments collections will be excluded because the to the Safety and Soundness Act, review Enterprise data collections to ascertain whether they contain HMDA Enterprises recently began collecting provides that private data shall be them and they require further analysis withheld from the PUDB if publication data that must be included in the PUDB. At the same time as the HMDA in order to ensure data quality before of the data would ‘‘constitute a clearly inclusion in the PUDB. unwarranted invasion of personal expansion in Regulation C, the Enterprises updated their single-family The new HMDA data elements, and privacy if such data or information were any previous PUDB data elements that 19 data collection through the Uniform released to the public.’’ HERA are now defined as HMDA data, are not amended the Safety and Soundness Act Mortgage Data Program (UMDP) datasets.23 The UMDP is a joint eligible to receive proprietary to add a requirement that FHFA publish protections under the Safety and the HMDA data ‘‘[s]ubject to privacy Enterprise project to develop and implement mortgage data standards for Soundness Act and will, therefore, be considerations, as described in section disclosed in the PUDB Census Tract 304(j) of [HMDA] (12 U.S.C. 2803(j)).’’ 20 the single-family loans they purchase or securitize. Improving Enterprise Files. They will be modified to protect Section 304(j)(2)(B) of HMDA requires borrower privacy only. the CFPB to ‘‘require, by regulation, mortgage data standardization has been an annual Conservatorship Scorecard As a result of FHFA’s review of the such deletions as [CFPB] may determine HMDA data elements, FHFA issued the to be appropriate to protect—(i) any goal since 2012. The UMDP data requirements are generally aligned appended Order, which added the privacy interest’’ of borrowers, and appropriate HMDA data elements to the protect depository institutions reporting between the Enterprises. As a result of the expansion of HMDA and updates to PUDB matrices and required the HMDA data from liability under privacy Enterprises to report them to FHFA. The laws.21 The CFPB implemented this the UMDP datasets, many new HMDA data elements are now available for Order modifies the 2010 and 2011 requirement through policy guidance PUDB Orders previously issued by (CFPB Privacy Guidance) setting out inclusion in the PUDB Single-Family FHFA.24 The Order and this Notice of how the agency intends to exclude or Census Tract File. Order contain a link to the revised modify data to protect borrower privacy The Enterprises’ multifamily data matrices on FHFA.gov and fulfill the and reporter liability, in balance with collections are not included in the Safety and Soundness Act requirement the purposes of public disclosure.22 UMDP datasets. However, some HMDA The Safety and Soundness Act data elements are now collected by the that FHFA issue an order or regulation Enterprises for multifamily loans and to make the HMDA data available to the provides that FHFA publish the PUDB 25 are available for inclusion in the PUDB public, subject to privacy protections. 18 See 59 FR 29514 (June 7, 1994); 60 FR 61846, Multifamily Census Tract File. The expansion of the PUDB data 62001 (App. F) (Dec. 1, 1995); 61 FR 54322 (Oct. Since both HMDA and Enterprise data requirements will enhance transparency 17, 1996); 69 FR 59476 (Oct. 4, 2004); FHFA 2010 collections have changed substantially about the Enterprises’ mortgage Order, 75 FR at 41189; FHFA Notice of Order, 76 since FHFA last added HMDA data to purchase activities. FR 60031 (Sept. 28, 2011) (FHFA 2011 Order). The new HDMA data added by the 19 the PUDB in 2010, FHFA undertook a 24 CFR 81.72(b)(3). Order will be published in a dataset that 20 12 U.S.C. 4546(d). new review of all HMDA data elements. 21 12 U.S.C. 2803(j)(2)(B). replaces an interim PUDB released on 22 CFPB, Disclosure of Loan-Level HMDA Data, 23 See UMDP Overview, at https:// Final Policy Guidance, 84 FR 649 (Jan. 31, 2019) www.fanniemae.com/content/fact_sheet/umdp- 24 FHFA 2010 Order, 75 FR 41180, and FHFA (CFPB Privacy Guidance); Regulation C, 80 FR at overview.pdf (April 2018) (joint document authored 2011 Order, 76 FR 60031. 66132–66134. by both Fannie Mae and Freddie Mac). 25 12 U.S.C. 4546(d).

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September 23, 2019, which does not originate the loan.30 Because Property borrower has a direct ownership, include the new HMDA data elements Value can be highly unique within a indirect ownership, or a paid or unpaid or Duty to Serve geographic indicators. census tract, the CFPB Privacy Guidance leasehold interest in the land on which The data specifications set out in the discloses it as the midpoint of the the manufactured home being financed Order will apply to future annual PUDB $10,000 interval in which the actual will be sited.37 Freddie Mac indicated releases, until further modified by value falls in order to reduce the ability that it does not collect this data. Fannie FHFA. to match it with other sources of data Mae indicated that it collects data FHFA’s review of each HMDA data and facilitate re-identification of the showing direct ownership, indirect element is detailed below in Section borrower.31 Beginning with the 2018 ownership (i.e., a manufactured home II.B. for single-family data and Section PUDB, the Single-Family Census Tract cooperative), or the presence of a lease II.C. for multifamily data. File will disclose Property Value with (i.e., ground rent), but its data cannot B. Single-Family PUDB the same modification as in the CFPB discern whether there is an unpaid Privacy Guidance. leasehold. Accordingly, this data 32 1. New HMDA Single-Family Data Preapproval: Preapproval is a element will be added to the PUDB Elements Added to the PUDB modified HMDA data element that Single-Family Census Tract File but The HMDA single-family data indicates whether preapproval of the with only the values that conform with elements collected by the Enterprises loan was requested by the applicant the data Fannie Mae collects. It will be that are listed below will be reported to under a financial institution’s covered 33 disclosed without modification, in FHFA and added to the PUDB Single- preapproval program. Fannie Mae conformance with the CFPB Privacy indicated that it collects some Family Census Tract File starting with Guidance.38 the 2018 PUDB, as set forth in the preapproval data. Freddie Mac Application Channel: Application revised PUDB matrices. Most of these indicated that it does not collect any Channel is a new HMDA data element data elements were new Regulation C preapproval data. The available partially collected by the Enterprises reporting requirements in 2018. The list Preapproval data will be disclosed that indicates whether the loan below indicates whether the data without modification in the PUDB element was a new HMDA data element Single-Family Census Tract File, in application was submitted directly to added for the first time in 2018 by conformance with the CFPB Privacy the party making the credit decision, 34 Regulation C, or a pre-2018 HMDA data Guidance. and whether the loan was initially element that was modified in 2018 by Credit Scoring Model: Credit Scoring payable to that party. Both Enterprises Regulation C amendments. Model is a new HMDA data element indicated that they collect data relating Discount Points: Discount Points is a that provides the name of the credit to the broker and retail channel that new HMDA data element collected by scoring model (if any) used to evaluate correspond to HMDA Application 35 the Enterprises that indicates the points the loan. Both Enterprises collect this Channel values.39 The values that paid by the home buyer or home seller data. The available Credit Scoring correspond to the HMDA Application to the lender to reduce the interest Model data will be disclosed without Channel values will be disclosed in the rate.26 It will be disclosed without modification for up to two borrowers in PUDB Single-Family Census Tract File modification in the PUDB Single-Family the PUDB Single-Family Census Tract without modification, in conformance Census Tract File, in conformance with File, in conformance with the CFPB with the CFPB Privacy Guidance.40 27 Privacy Guidance.36 the CFPB Privacy Guidance. The data Automated Underwriting System collected by the Enterprises may Manufactured Home Land Property Interest: Manufactured Home Land (AUS) Name: AUS Name is a new include origination or discount points HMDA data element collected by the paid by the borrower, home seller, or Property Interest is a new HMDA data element that indicates whether the Enterprises that discloses the name(s) of other third party, and may not the AUS(s) used by the lender to correspond exactly to the Regulation C evaluate a loan application.41 Both Discount Points disclosed by the CFPB. 30 12 CFR 1003.4(a)(28). 31 Enterprises indicated that they collect Introductory Rate Period: Introductory 84 FR at 663. E.g., for a reported value of $117,834, the dataset will disclose it as $115,000, only a single AUS name in connection Rate Period is a new HMDA data which is the midpoint between values equal to with the AUS(s) used by a lender to element collected by the Enterprises $110,000 and less than $120,000. Id. at 673. evaluate a loan application.42 that indicates the number of months 32 In the FHFA 2010 Order, FHFA stated that a HMDA Preapproval data element would not be Accordingly, the Enterprises will report until the first date the interest rate may the AUS Name data they possess, and 28 included in the PUDB because it does not relate to change. It will be disclosed without originated loans that could then be purchased by this data will be disclosed without modification in the PUDB Single-Family the Enterprises. 75 FR at 41186. However, upon modification in the PUDB Single-Family Census Tract File, in conformance with further analysis, FHFA concludes that the HMDA 29 Preapproval data element does apply to originated the CFPB Privacy Guidance. 37 Property Value: Property Value is a loans. The ‘‘Preapproval’’ data element is defined 12 CFR 1003.4(a)(30). in 12 CFR 1003.4(a)(4) as whether a ‘‘covered loan 38 84 FR at 656. new HMDA data element collected by involved a request for a preapproval of a home 39 80 FR at 66299; 12 CFR 1003.4(a)(33). The the Enterprises that discloses the value purchase loan under a preapproval program.’’ In CFPB does not use the terms ‘‘broker’’ and ‘‘retail,’’ of the property securing the loan, in contrast, the HMDA Action Taken values relating to but the Enterprises’ data use these terms in a way exact dollars, that was relied on by the preapproval, 12 CFR 1003.4(a)(8)(i)(C), specifically that corresponds to the HMDA Application Channel apply only to loans that were not originated lender in making the credit decision to values. (whether a preapproval request that did not result 40 84 FR at 656. in the origination of a home purchase loan was 41 12 CFR 1003.4(a)(35). 26 denied or approved but not accepted). Accordingly, 12 CFR 1003.4(a)(19); CFPB Home Mortgage 42 The CFPB’s Official Interpretation to beginning with the 2018 PUDB, the Preapproval Disclosure Act FAQs, https:// Regulation C sets out how multiple AUSs used to data element parallel to 12 CFR 1003.4(a)(4) will be www.consumerfinance.gov/policy-compliance/ evaluate a single loan application are reported. See included, but not the Action Taken values related guidance/hmda-implementation/home-mortgage- Supplement I to Part 1003—Official Interpretations, to preapproval in 12 CFR 1003.4(a)(8)(i)(C). disclosure-act-faqs/#discount-points (Aug. 28, comment 4(a)(35) (Official Interpretations). The 33 2019). 12 CFR 1003.4(a)(4); 24 CFR 1003.2(b)(2). PUDB data will not fully align with the Regulation 27 84 FR at 656. 34 84 FR at 656. C data since the Enterprises do not collect data on 28 12 CFR 1003.4(a)(26). 35 12 CFR 1003.4(a)(15). all of the AUSs that may have been used prior to 29 84 FR at 656. 36 84 FR at 656. origination.

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Census Tract File, in conformance with The current PUDB Single-Family percentage to at least three decimal the CFPB Privacy Guidance.43 Census Tract File does not include the places.50 Interest Rate is currently Debt-to-Income (DTI): DTI is a new HMDA Note Amount. To conform with disclosed in the PUDB Single-Family HMDA data element representing the HMDA, the PUDB Single-Family Census National File C in bins of 0.5 percent. ratio of the borrower’s total monthly Tract File will add a new field called Interest Rate will be disclosed in the debt to total monthly income relied on Note Amount to indicate the amount to PUDB Single-Family Census Tract File by the lender to make the credit be repaid as disclosed on the legal as the actual note rate to at least three decision.44 Both Enterprises indicated obligation. Note Amount will be decimal places, consistent with the that they can calculate and report DTI disclosed as the midpoint of the $10,000 Regulation C definition and CFPB based on data they receive from their interval in which the actual amount Privacy Guidance.51 loan sellers. Accordingly, DTI will be falls, in conformance with the CFPB Construction Method and Total Units: added to the PUDB Single-Family Privacy Guidance.49 The HMDA Property Type data element Census Tract File and disclosed in 2. HMDA Single-Family Data Elements was disaggregated in 2018 by Regulation conformance with the CFPB Privacy C into two new data elements: 45 Already in the PUDB Guidance. Construction Method; and Total Units.52 Loan Purpose (Cash-Out Refinancing): FHFA identified several HMDA Property Type previously had values for Loan Purpose is a modified HMDA data single-family data elements that were Manufactured Home, Multifamily, and element that indicates whether the loan added, modified, or unchanged by the Single-Family Home (1–4 Units, Other was for Home Purchase, Home Regulation C amendments and are Than Manufactured). The new HMDA already reported by the Enterprises and Improvement, Refinancing, Cash-Out Construction Method and Total Units disclosed in the current PUDB. The Refinancing, or Other. The Regulation C data elements provide a clearer Enterprises’ reporting requirements thus amendments added Cash-Out disclosure of the type of housing and Refinancing and Other.46 Both generally will not change for these data number of units. Construction Method Enterprises indicated that they collect elements. However, the disclosure in indicates Site Built or Manufactured Cash-Out Refinancing, but not Other. the PUDB will change in some cases to Home. Total Units indicates the number Cash-Out Refinancing will be added to conform with the CFPB Privacy of units. There are no longer values for the PUDB Single-Family Census Tract Guidance. In addition, some of the data Multifamily or Single-Family Home, File and disclosed unmodified, in elements were defined as HMDA data although ‘‘multifamily’’ is defined conformance with the CFPB Privacy for the first time in 2018 in Regulation elsewhere in Regulation C as ‘‘five or Guidance.47 (The current PUDB C and, therefore, any proprietary more individual dwelling units.’’ 53 includes the other HMDA Loan Purpose protections they received in the PUDB values, which will continue to be are no longer permissible under the The Property Type data element is disclosed.) Safety and Soundness Act and will be currently disclosed in the PUDB Single- Loan Amount (Note Amount): Loan removed. All of the data elements will Family Census Tract File, aligned with Amount is a modified HMDA data be released in the PUDB Single-Family the previous Regulation C definition. In element that identifies the amount to be Census Tract File, with modifications as addition, the PUDB Single-Family repaid as disclosed on the legal appropriate to conform with the CFPB National Files A and B already publish obligation (Note Amount), and the Privacy Guidance. a data element named Number of Units, unpaid principal balance (UPB) at the which corresponds to the HMDA Total time of purchase (discussed below).48 i. Disclosure Changes in the PUDB Units data element. These existing data The single-family data elements listed fields will be changed in the PUDB 43 84 FR at 656. below were previously withheld from Single-Family Census Tract File to 44 12 CFR 1003.4(a)(23). the PUDB or disclosed in the PUDB conform with HMDA by adding a new 45 84 FR at 665–666. The CFPB intends to disclose with proprietary protections, but are Construction Method field and DTI as follows: ‘‘a. Bin reported values into the disclosing Number of Units in the following ranges, as applicable: 20 percent to less defined as HMDA data elements in 2018 than 30 percent; 30 percent to less than 36 percent; and must be disclosed, with Census Tract File. Construction Method and 50 percent to less than 60 percent; b. Bottom- modifications as appropriate to conform will be disclosed without modification, code reported values under 20 percent; c. Top-code with the CFPB Privacy Guidance. In in conformance with the CFPB Privacy reported values of 60 percent or higher; and d. Guidance.54 Number of Units will be Disclose, without modification, reported values some cases, the data element was greater than or equal to 36 percent and less than 50 defined as a HMDA data element for the disclosed as 1, 2, 3, or 4 units for single- percent.’’ 84 FR at 672. first time in 2018 and, thus, is no longer family loans. Number of Units will also 46 12 CFR 1003.4(a)(3). Cash-Out Refinancing is eligible for the proprietary protections it continue to be disclosed in the PUDB defined as a loan that the institution considered to Single-Family National Files A and B. be a cash-out refinancing in processing the loan had been receiving in the PUDB. The application or setting the terms (such as the interest data elements previously disclosed only Loan Term: Loan Term is a new rate or origination charges) under its guidelines or in the National Files that must now be HMDA data element that discloses the an investor’s guidelines. Official Interpretations, disclosed in the PUDB Single-Family number of months until the loan reaches comment 4(a)(3)–2. Census Tract File will continue to be 47 84 FR at 656. 50 12 CFR 1003.4(a)(21); CFPB, 2018 Reportable 48 12 CFR 1003.4(a)(7)(i). Regulation C loan disclosed in the National Files as well HMDA Data: A Regulatory and Reporting Overview purchasers are required to report the UPB at the as being added to the Census Tract File. Reference Chart for HMDA Data Collected in 2018 time of purchase, and Regulation C loan originators Interest Rate: Interest Rate is a new at 27, https://files.consumerfinance.gov/f/ are required to report the Note Amount. Because the HMDA data element that discloses the documents/201710_cfpb_reportable-hmda-data_ Enterprises collect both values, FHFA is requiring actual note rate on the loan as a regulatory-and-reporting-overview-reference- that the Enterprises report both for inclusion in the chart.pdf (Aug. 31, 2018). PUDB. As noted earlier, the Enterprises’ reporting 51 obligations for the PUDB extend to all of the HMDA Enterprises. See FHFA 2010 Order, 75 FR at 41188. 84 FR at 656. data they possess, not the same data as reported by However, on further consideration, FHFA will now 52 80 FR at 66180–81; 12 CFR 1003.4(a)(5) and HMDA loan purchasers. In 2010, FHFA determined add Note Amount to the PUDB to identify the (31). not to include the HMDA Note Amount in the subset of seasoned loans purchased by the 53 12 CFR 1003.2(n). The Safety and Soundness PUDB because there was likely to be no difference Enterprises where there is a difference between the Act also defines multifamily as five or more between the Note Amount and the UPB at the time Note Amount and the UPB at the time of purchase. dwelling units. 12 U.S.C. 4502(18). of purchase for most loans acquired by the 49 84 FR at 661–663, 671–673. 54 84 FR at 656.

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maturity.55 For purchased loans, Loan but the current PUDB Single-Family Loan Amount (UPB): Loan Amount is Term is measured from origination.56 Census Tract File discloses only Owner- a modified HMDA data element that The PUDB Single-Family National File Occupied, Investment, and Not identifies the Note Amount (discussed C currently includes the data element Applicable. Occupancy Code will be above in Section II.B.1.) and the UPB at Term of Mortgage at Origination, which changed in the PUDB Single-Family the time of purchase.68 The current corresponds to HMDA Loan Term. Loan Census Tract File to align with HMDA PUDB Single-Family Census Tract File Term will be disclosed in the PUDB by disclosing Second Residence, and includes a data element called Single-Family Census Tract File without will continue to be disclosed without Acquisition UPB, rounded to the nearest modification, in conformance with the modification, in conformance with the $1,000. To conform with the CFPB CFPB Privacy Guidance.57 CFPB Privacy Guidance.63 Privacy Guidance, Acquisition UPB in Combined Loan-to-Value (CLTV): Action Taken Date (Loan Originated): the PUDB Single-Family Census Tract CLTV is a new HMDA data element that Action Taken Date is an unchanged File will be changed to the midpoint of discloses the ratio at origination of the HMDA data element that reports the the $10,000 interval in which the actual total amount of debt secured by the action, and the date the action was amount falls.69 property to the value of the property taken.64 For the Enterprise data and relied on in making the credit decision PUDB purposes, the relevant HMDA ii. No Disclosure Changes in the PUDB (discussed above in Section II.B.1.), Action Taken Date values are Loan The HMDA single-family data disclosed as a percentage.58 LTV or Originated and Purchased Loan elements listed below are currently CLTV if available is currently disclosed (discussed below in Section II.B.2.ii.).65 disclosed in the PUDB Single-Family in the PUDB Single-Family National The CFPB intends to withhold all Census Tract File and were unchanged Files A and C in ranges, without Action Taken Dates from its public by the Regulation C amendments or disclosing whether the value is LTV or dataset since the exact dates could be were modified in a way irrelevant to CLTV. To conform with HMDA, the used to match to other public datasets Enterprise data. Accordingly, they will actual ratio for LTV or CLTV will be with individually identifying continue to be disclosed in the same disclosed in the PUDB Single-Family information.66 However, the year of manner in this File. No changes in Census Tract File without modification, origination or year of purchase can reporting or disclosure are necessary to and without disclosing whether it is always be inferred from the CFPB’s conform with HMDA. LTV or CLTV, in conformance with the public dataset because it only contains Action Taken Date (Purchased Loan): CFPB Privacy Guidance.59 loans that were originated or purchased Action Taken Date is an unchanged Age: Age is a new HMDA data in that year—e.g., the dataset with 2018 HMDA data element that reports the element that indicates the borrower and data only contains loans originated or action, and the date the action was co-borrower ages at the time of loan purchased in 2018. taken.70 For the Enterprise data and application.60 The PUDB Single-Family The current PUDB Single-Family PUDB purposes, the relevant HMDA Census Tract File currently includes National File B includes a field for Date Action Taken Date values are Loan data elements called Age of Borrower of Mortgage Note, which conforms with Originated (discussed above in Section and Age of Co-borrower disclosed in the HMDA Loan Originated value. Date II.B.2.i.) and Purchased Loan. Purchased exact years. Age of Borrower and Age of of Mortgage Note is modified in the Loan is an unchanged HMDA data Co-borrower will be disclosed in the current PUDB to indicate whether the element value indicating the exact date PUDB Single-Family Census Tract File loan was originated in the same year it the loan was purchased from an in ranges, in conformance with the was acquired, or in any prior year. This originator.71 The PUDB does not CFPB Privacy Guidance to mask the modification conforms with the CFPB’s disclose the exact date of acquisition. exact year.61 intended withholding of the month and The year of acquisition can be inferred Occupancy Type: The HMDA day from its public dataset. from the year of the PUDB, which Occupancy Type data element was Accordingly, Date of Mortgage Note will contains only the Enterprises’ loan modified in 2018 by Regulation C to add be disclosed in the PUDB Single-Family acquisitions in a single calendar year. new values. Previously, Occupancy Census Tract File in the same manner, The CFPB likewise intends to withhold Type had values for Owner-Occupied as in conformance with the CFPB Privacy 67 the exact date of loan purchase from its a Principle Residence, Not-Owner Guidance. public dataset to protect privacy, but the Occupied as a Principal Residence, and year of purchase can be inferred in the 63 84 FR at 656. Not Applicable. The Regulation C dataset. Accordingly, no changes need amendments replaced Not-Owner 64 12 CFR 1003.4(a)(8)(i)(A) and (ii). The PUDB combines Action Taken and Action Taken Date to be made to the Single-Family PUDB Occupied as a Principle Residence with since there is only one possible action by the to conform to HMDA definitions or two new values: Second Residence; and Enterprises (purchase) and there are two available privacy modifications for this data 62 Investment Property. The new HMDA dates in the Enterprise data (origination and element value. Occupancy Type values for Second purchase). 65 Loan Type: Loan Type is an Residence and Investment are already Action Taken also requires reporting actions that do not apply to originated loans (e.g., unchanged HMDA data element that reported to FHFA by the Enterprises in application denied). 12 CFR 1003.4(a)(8)(i)(B) and discloses whether the loan is insured by a data element called Occupancy Code, (C). Since the PUDB only contains data on the Federal Housing Administration, originated loans, the HMDA values that do not 55 12 CFR 1003.4(a)(25). apply to originated loans are not relevant. 66 84 FR at 663. dataset does not include information on the 56 Official Interpretations, comment 4(a)(25)–3. origination year of purchased loans, the PUDB 67 In the FHFA 2010 Order, Date of Mortgage Note 57 84 FR at 656. disclosure that a loan was originated in the year of was withheld from the PUDB Single-Family Census 58 12 CFR 1003.4(a)(24). purchase or any prior year does not increase Tract File to conform to HMDA privacy protections 59 privacy risks and aligns with the CFPB Privacy 84 FR at 656, 662. in 12 U.S.C. 2803(j). 75 FR at 41186. However, 60 Guidance to withhold the day and month of 12 CFR 1003.4(a)(10)(ii). FHFA has now concluded that disclosing Date of origination. 61 84 FR at 664–665, 672. The age ranges are: 25 Mortgage Note as same year or any prior year in the 68 to 34; 35 to 44; 45 to 54; 55 to 64 (with a flag for PUDB Single-Family Census Tract File is consistent 12 CFR 1003.4(a)(7)(i). 62 or higher); and 65 to 74. Below 25 and above with the CFPB Privacy Guidance, since the year of 69 84 FR at 661. 74 are bottom- and top-coded, respectively. origination can be inferred from the date of the 70 12 CFR 1003.4(a)(8)(i)(A) and (ii). 62 12 CFR 1003.4(a)(6). CFPB’s public dataset. Although the CFPB’s public 71 Id.

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guaranteed by the Department of Mae and Freddie Mac. For the PUDB, (UCD), and new data elements added in Veterans Affairs, guaranteed by the the other Type of Purchaser values are the Uniform Loan Delivery Dataset Rural Housing Service or the Farm not relevant because, by definition, all (ULDD) Phase 3. These data elements Service Agency, or Conventional.72 The PUDB loans were purchased by the have not been included in the Single- current PUDB Single-Family Census Enterprises.80 The Enterprise Flag will Family PUDB in the past, but are now Tract File includes a data field for continue to be disclosed in all Single- subject to inclusion because they are Federal Guarantee, which conforms Family PUDB Files, including the HMDA data elements that were with HMDA Loan Type. Federal Census Tract File, without modification. collected by the Enterprises in 2018. Guarantee will continue to be disclosed HOEPA Status: HOEPA Status is an However, because these are new data without modification in the PUDB unchanged HMDA data element that collections requiring further analysis to Single-Family Census Tract File, in indicates whether the loan is a HOEPA ensure data quality before inclusion in conformance with the CFPB Privacy loan.81 HOEPA Status is disclosed in the the PUDB, FHFA is not requiring the Guidance.73 current PUDB Single-Family Census Enterprises to report them at this time Property Location: Property Location Tract File without modification, in for the PUDB. The data elements are is an unchanged HMDA element that conformance with the CFPB Privacy discussed below. includes values for the State, County, Guidance.82 HOEPA Status will Total Loan Costs, Origination and Census Tract location of the continue to be disclosed in this File Charges, and Lender Credits: These are mortgaged property.74 Data elements for without modification. new HMDA data elements that these values are currently disclosed in Lien Status: Lien Status is a modified incorporate certain loan cost items from the PUDB Single-Family Census Tract HMDA data element that indicates the closing disclosure required by the File without modification, in whether the loan is Secured by a First Truth in Lending Act/Real Estate conformance with the CFPB Privacy Lien, or Secured by a Subordinate Settlement Procedures Act Integrated Guidance.75 They will continue to be Lien.83 The current PUDB Single-Family Disclosure (TRID).87 Total Loan Costs disclosed without modification in this Census Tract File discloses Lien Status indicates the loan cost amount in File. without modification, in conformance dollars.88 Origination Charges indicates Income: Income is an unchanged with the CFPB Privacy Guidance.84 Lien the total borrower-paid origination costs HMDA data element disclosing the gross Status will continue to be disclosed in for the loan.89 Lender Credits indicates annual borrower income relied on in this File without modification. any amounts the lender paid to the making the credit decision.76 The Loan Purpose (Purchase, Refinancing, borrower to offset closing costs.90 current PUDB Single-Family Census and Home Improvement): Loan Purpose Ethnicity, Race, and Sex: These are Tract File discloses this data as is a modified HMDA data element that HMDA data elements that indicate the Borrower’s Annual Income rounded to indicates whether the loan was for ethnicity, race, and sex of the borrower the nearest $1,000, which conforms Purchase, Refinancing, Cash-Out and co-borrower. The Regulation C with the CFPB Privacy Guidance.77 Refinancing, Home Improvement, or amendments expanded the ethnicity Income will continue to be disclosed in Other.85 The Loan Purpose values for and race categories to include new sub- this manner in this File. Purchase, Refinancing, and Home groups.91 The Enterprises required loan Type of Purchaser: Type of Purchaser Improvement are disclosed in the sellers to begin reporting the new is a modified HMDA data element current PUDB Single-Family Census HMDA ethnicity and race data starting reported by a loan originator that Tract File without modification and will in mid-2019, although some sellers indicates the type of purchaser for loans continue to be disclosed in this manner voluntarily reported the new data in sold within the same calendar year as in the Census Tract File, in conformance 2018. During this transition period, the origination.78 This includes separate with the CFPB Privacy Guidance.86 As PUDB Single-Family Census Tract File values for Fannie Mae and Freddie discussed above in Section II.B.1, the will continue to disclose ethnicity, race, Mac.79 All Files in the current Single- new Cash-Out Refinancing value will be and sex data in conformance with the Family PUDB include an Enterprise added to the PUDB. former HMDA reporting categories. Flag, which is equivalent to the HMDA Legal Entity Identifier (LEI): LEI is a Type of Purchaser values for Fannie 3. HMDA Single-Family Data Elements new HMDA data element that is a Excluded From the PUDB Due to Data unique identification number associated 72 12 CFR 1003.4(a)(2). ‘‘Conventional’’ is the Quality Questions value used by HMDA and the PUDB to indicate a FHFA has identified several new 87 The CFPB implemented the TRID closing loan that is not insured or guaranteed by one of the HMDA single-family data elements in disclosure to provide a single disclosure to help listed federal agencies. See CFPB, 2018 Reportable consumers understand all of the costs of a mortgage HMDA Data: A Regulatory and Reporting Overview recently updated Enterprise single- transaction prior to closing, in accordance with the Reference Chart at 3, https:// family loan seller data collections. They _ direction of the Dodd-Frank Wall Street Reform and files.consumerfinance.gov/f/documents/201710 include data elements drawn from the Consumer Protection Act. See CFPB, Integrated cfpb_reportable-hmda-data_regulatory-and- Enterprises’ Uniform Closing Datasets Mortgage Disclosures Under the Real Estate reporting-overview-reference-chart.pdf (Aug. 31, Settlement Procedures Act (Regulation X) and the 2018). Truth In Lending Act (Regulation Z), Final Rule, 78 73 84 FR at 656. 80 See FHFA 2010 Order, 75 FR at 41186. FR 79730 (Dec. 31, 2013). Regulation C incorporates 74 12 CFR 1003.4(a)(9)(ii). 81 12 CFR 1003.4(a)(13). A HOEPA loan is a loan some items exactly from the TRID closing 75 84 FR at 656. subject to the Home Ownership and Equity disclosure. See, e.g., 80 FR at 66211 (defining 76 12 CFR 1003.4(a)(10)(iii). Protection Act of 1994, as implemented by Regulation C Origination Charges as the same as 77 84 FR at 659. Regulation Z, 12 CFR 1026.32, by reason of its data entered on the closing disclosure). The interest rate or its points and fees. The Enterprises 78 12 CFR 1003.4(a)(11). Enterprises’ UCD includes the data from the TRID purchase very few such loans. closing disclosure. See Uniform Closing Dataset 79 For all Type of Purchaser reporting codes, see 82 84 FR at 656. FAQ Updates, at https://www.fanniemae.com/ 2018 CFPB, 2018 Reportable HMDA Data: A 83 content/faq/uniform-closing-dataset-faqs.pdf (June Regulatory and Reporting Overview Reference Chart 12 CFR 1003.4(a)(14). The CFPB modified this 28, 2019) (joint Enterprise publication). at 19, https://files.consumerfinance.gov/f/ data element to add the lien status for purchased 88 documents/201710_cfpb_reportable-hmda-data_ loans, which is already included in the PUDB. 80 12 CFR 1003.4(a)(17)(i). regulatory-and-reporting-overview-reference- FR at 66201; FHFA 2010 Order, 75 FR at 41184. 89 12 CFR 1003.4(a)(18). chart.pdf (Aug. 31, 2018). The CFPB’s 2015 84 84 FR at 656. 90 12 CFR 1003.4(a)(20). modifications to Type of Purchaser are not relevant 85 12 CFR 1003.4(a)(3). 91 12 CFR 1003.4(a)(10)(i); Appendix B to Part to the Enterprise data. 80 FR at 66197. 86 84 FR at 656. 1003.

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with the single legal entity that Reverse Mortgage, Open-End Line of therefore, it is not available for originated the loan.92 LEI is the first 20 Credit, and Prepayment Penalty Term: inclusion in the Single-Family PUDB. characters of the 45-character Universal Reverse Mortgage indicates that the loan The Enterprises did purchase Loan Identifier (ULI), which is a new was a reverse mortgage.98 Open-End manufactured home loans secured by HMDA data element that is collected by Line of Credit indicates an open-end both the land and the home in 2018. the Enterprises (discussed below in line of credit secured by a dwelling, These loan purchases will be disclosed Section II.B.5.).93 LEI is intended to be such as a home equity line of credit.99 in the PUDB Single-Family Census Tract published by the CFPB without Prepayment Penalty Term discloses the File under the Construction Method modification, although the ULI is length of any prepayment penalty term data element, which, as discussed above excluded to protect borrower privacy.94 during which a charge is imposed for in Section II.B.2.i., identifies whether Rate Spread: Rate Spread is a pre-paying all or part of the principal the property is Site Built or a modified HMDA data element that prior to the contractual due date.100 The Manufactured Home. discloses the difference between the Enterprises do not collect these new Total Points and Fees: Total Points loan’s Annual Percentage Rate and the HMDA data elements because they and Fees is a new HMDA data element ‘‘average prime offer rate’’ for a relate to loan types the Enterprises do that applies to loans covered by the comparable transaction, to the third not purchase and, thus, are not available Ability to Repay rule that were not decimal place. Regulation C previously for reporting. Accordingly, these data subject to the TRID closing disclosure required that Rate Spread only be elements are not available for inclusion requirement and, therefore, cannot reported for loans where the spread is in the Single-Family PUDB. report the TRID Total Loan Costs.105 at least 1.50 percentage points.95 The Business or Commercial Purpose: According to the CFPB, these loans modified HMDA Rate Spread must Business or Commercial Purpose generally are manufactured home loans report the Rate Spread of any amount indicates whether the loan was used for secured only by the home as personal for all loans.96 Rate Spread meeting the a business or commercial primary property.106 Such loans must report the previous HMDA definition is collected purpose.101 The Enterprise data total amount of points and fees 107 by the Enterprises and currently partially aligns with the Business or calculated pursuant to Regulation Z, disclosed in the PUDB Single-Family Commercial Purpose definition in which may differ from the TRID Total Census Tract File.97 The PUDB Single- Regulation C. The Enterprises do not Loan Costs. Because neither Enterprise Family Census Tract File will continue collect the data needed to determine acquired such loans in 2018, they did to disclose Rate Spread as previously whether principal or second residence not collect this data element and, defined under HMDA. single-family loans are Business or therefore, it is not available for Commercial Purpose under Regulation inclusion in the Single-Family PUDB. 4. HMDA Single-Family Data Elements C.102 FHFA will not require the Non-Amortizing Features: Non- Not Collected by the Enterprises and Enterprises to collect this data solely to Amortizing Features is a new HMDA Not Included in the PUDB populate the PUDB. However, all data element that indicates whether the Based on the review of the Enterprise single-family investor loans loan has any non-amortizing features, are, by definition, Business or such as Balloon Payments, Interest-Only Enterprises’ data mapping submissions, 108 FHFA concluded that the HMDA single- Commercial Purpose under Regulation Payments, or Negative Amortization. family data elements listed below are C.103 Because the single-family investor The Enterprises indicated that they do not collected by the Enterprises from loan data is already captured in other not purchase single-family loans with loan sellers. All of the data elements PUDB data elements (Number of Units any non-amortizing features and, thus, except one relate to loan types not and Occupancy Code (Investment do not collect this data. This data purchased by the Enterprises and, thus, Property)), a separate Business or element, therefore, is not available for inclusion in the Single-Family PUDB. are not available for reporting. The Commercial Purpose data element will Reason for Denial: Reason for Denial remaining data element, Business or not be added to the PUDB. is a modified HMDA data element that Commercial Purpose, is partially Manufactured Home Secured reports the reason a loan application represented by other data elements in Property Type: Manufactured Home was denied.109 Since the PUDB only the PUDB and FHFA does not require Secured Property Type is a new HMDA contains loans that were purchased by the Enterprises, while in data element that indicates whether a the Enterprises, this data element is conservatorship, to collect the rest of the manufactured home loan was secured by the land and home, or only the inapplicable and, thus, not available for data from loan sellers solely to populate 110 104 inclusion in the Single-Family PUDB. the PUDB. Accordingly, these data home. Because the Enterprises did elements are not available for inclusion not purchase manufactured home loans 5. HMDA Single-Family Data Elements in the Single-Family PUDB. secured only by the home in 2018, they Excluded From the PUDB to Protect did not collect this data element and, Borrower Privacy 92 12 CFR 1003.4(a)(1) and 1003.5(a)(3). For FHFA identified several new HMDA purposes of HMDA, the ‘‘originator’’ represented in 98 12 CFR 1003.4(a)(36). the LEI is the ‘‘the financial institution that made 99 12 CFR 1003.4(a)(37). single-family data elements that will be the credit decision approving the application before 100 12 CFR 1003.4(a)(22); 1026.32(b)(6)(i). wholly excluded from the Single-Family closing or account opening.’’ Official 101 12 CFR 1003.4(a)(38). PUDB to protect borrower privacy, in Interpretations, comment 4(a)–2(i). 102 Regulation C requires applying the factors set conformance with the CFPB Privacy 93 LEI is reported both as part of the ULI under out in the Official Interpretation of Regulation Z, 12 Guidance. In general, these data 12 CFR 1003.4(a)(1) and in the HMDA transmittal CFR 1026.3(a), to determine whether single-family sheets under 12 CFR 1003.5(a)(3)(vii). The principle or second residence loans are Business or 105 Enterprises do not collect HMDA transmittal sheets, Commercial Purpose. See Official Interpretations to 80 FR at 66208; 12 CFR 1003.4(a)(17). so they currently collect the LEI only via the ULI. Regulation C, 12 CFR 1003.4(a)(38) and 106 Id. 94 84 FR at 657, 660. 1003.3(c)(10) (comment 3(c)(10)–2). The Enterprises 107 12 CFR 1026.32(b)(1). 95 80 FR at 66197–66198. do not collect data required to make such 108 12 CFR 1003.4(a)(27). 96 12 CFR 1003.4(a)(12). determinations. 109 12 CFR 1003.4(a)(16). 97 FHFA 2010 Order, 75 FR at 41185 (adding a 103 See Official Interpretations, 4(a)(38), 3(c)(10)– 110 This data element was excluded from the Rate Spread data element to the PUDB that aligned 3(i) and 3(iii). Single-Family PUDB by the FHFA 2010 Order, 75 with the HMDA 2010 definition). 104 12 CFR 1003.4(a)(29). FR at 41186.

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elements are unique and could facilitate requires Credit Score to be reported by conformance with the CFPB Privacy re-identification of the borrower. These lenders, but intends to exclude it from Guidance.128 data elements are not currently disclosure in its public dataset.120 FHFA Property Value: Property Value is a disclosed in the Single-Family PUDB will continue disclosing Credit Score in new HMDA data element that indicates and will continue to be withheld. the PUDB Single-Family National File C the value of the property securing the Accordingly, they are not required to be in ranges to fulfill its separate statutory loan, in exact dollars, that was relied on reported by the Enterprises to FHFA for obligation to publish high-cost by the lender in making the credit PUDB purposes. securitized mortgage data, but will not decision to originate the loan.129 The Universal Loan Identifier (ULI): ULI is add it to the Census Tract File in order Enterprises collect this data element. a new HMDA data element that to remain aligned with the CFPB Because Property Value can be highly provides a unique identifier for each Privacy Guidance. unique within a census tract, the CFPB HMDA loan record. As discussed above Nationwide Mortgage Licensing Privacy Guidance intends to require that in Section II.B.3., the ULI includes the System and Registry ID (NMLSR ID): it be disclosed as the midpoint of the LEI.111 The Enterprises collect ULI from NMLSR ID is a new HMDA data element $10,000 interval in which the reported some loan sellers. Because the ULI is that identifies the mortgage loan value falls in order to reduce the ability uniquely identifying, the CFPB Privacy originator, as defined in Regulation G 121 to match the loan with other sources of Guidance intends to exclude it from the or Regulation H,122 as applicable.123 data and facilitate re-identification of 130 Regulation C dataset.112 In conformance The Enterprises collect NMLSR ID. the borrower. The PUDB Multifamily with the CFPB Privacy Guidance, the Because NMLSR ID could identify a Census Tract File will disclose Property ULI will be excluded from the Single- borrower, the CFPB Privacy Guidance Value with the same modification, in Family PUDB.113 intends to exclude it from the CFPB’s conformance with the CFPB Privacy Application Date: Application Date is public dataset.124 In conformance with Guidance. an unchanged HMDA data element that the CFPB Privacy Guidance, NMLSR ID Combined Loan-to-Value (CLTV): indicates the date the loan application will continue to be excluded from the CLTV is a new HMDA data element that was received or the date shown on the Single-Family PUDB. indicates the ratio at origination of the 114 total amount of debt secured by the loan application form. The Automated Underwriting System property to the value of the property Enterprises collect Application Date. Result (AUS Result): AUS Result is a relied on in making the credit decision Because Application Date presents new HMDA data element that identifies (discussed above), disclosed as a borrower privacy concerns, the CFPB the result provided by any AUS used to percentage.131 The Enterprises collect intends to exclude it from its public evaluate a loan application.125 The 115 this data element as LTV or CLTV where dataset. In conformance with the Enterprises collect AUS Result. The available. LTV or CLTV will be CFPB Privacy Guidance, Application CFPB Privacy Guidance intends to disclosed without modification in the Date will continue to be excluded from exclude AUS Result from the CFPB’s PUDB Multifamily Census Tract File, the Single-Family PUDB. public dataset because it presents Property Address: Property Address is without disclosing whether the value is borrower privacy concerns.126 In a new HMDA data element that CLTV or LTV, in conformance with the conformance with the CFPB Privacy indicates the address of the property CFPB Privacy Guidance.132 Guidance, AUS Result will continue to securing the loan.116 The Enterprises Interest Rate: Interest Rate is a new be excluded from the Single-Family collect Property Address. Because HMDA data element that reports the PUDB. Property Address is uniquely actual note rate on the loan as a identifying, the CFPB intends to exclude C. Multifamily PUDB percentage to at least three decimal it from its public dataset.117 In places.133 The Enterprises collect this 1. New or Modified HMDA Multifamily conformance with the CFPB Privacy data element. Interest Rate will be Data Elements Added to the PUDB Guidance, Property Address will disclosed in the PUDB Multifamily continue to be excluded from the The following multifamily data Census Tract File without modification, Single-Family PUDB. elements added or modified by the in conformance with the CFPB Privacy Credit Score: Credit Score is a new amended Regulation C will be added to Guidance.134 HMDA data element indicating the the PUDB Multifamily Census Tract Non-Amortizing Features: Non- credit score relied on by the lender to File. Amortizing Features is a new HMDA make the decision on the loan Prepayment Penalty Term: data element that indicates whether the application.118 Credit Score is currently Prepayment Penalty Term is a new loan has non-amortizing loan features, published in ranges in the PUDB Single- HMDA data element that indicates the including Balloon Payment, Interest- Family National File C, in accordance length of any prepayment penalty term Only Payments, Negative Amortization, with FHFA’s statutory requirement to during which a charge is imposed for or Other Non-Amortizing Feature.135 publish high-cost securitized mortgage pre-paying all or part of the principal data, which includes data about prior to the contractual due date.127 The 128 84 FR at 656. 129 borrower creditworthiness.119 The CFPB Enterprises collect this data element. 12 CFR 1003.4(a)(28). 130 84 FR at 663. Prepayment Penalty Term will be 131 12 CFR 1003.4(a)(24). Some multifamily CTLV 111 12 CFR 1003.4(a)(1)(i). disclosed without modification in the data reported by the Enterprises may reflect 112 84 FR at 660. PUDB Multifamily Census Tract File, in multiple loans and/or multiple properties. 113 Any reported Non-Universal Loan Identifier 132 84 FR at 656. (NULI) would also be excluded from the PUDB to 133 12 CFR 1003.4(a)(21); CFPB, 2018 Reportable conform to the CFPB Privacy Guidance. Id. 120 84 FR at 665. HMDA Data: A Regulatory and Reporting Overview 114 121 12 CFR 1007.102. 12 CFR 1003.4(a)(1)(ii). Reference Chart at 27, https:// 122 115 84 FR at 660. 12 CFR 1008.23. files.consumerfinance.gov/f/documents/201710_ 116 12 CFR 1003.4(a)(9)(i). 123 12 CFR 1003.4(a)(34). cfpb_reportable-hmda-data_regulatory-and- 117 84 FR at 663. 124 84 FR at 667. reporting-overview-reference-chart.pdf (Aug. 31, 118 12 CFR 1003.4(a)(15)(i). 125 12 CFR 1003.4(a)(35). 2018). 119 12 U.S.C. 4546(d)(2); FHFA 2011 Order, 76 FR 126 84 FR at 668. 134 84 FR at 656. at 60034. 127 12 CFR 1003.4(a)(22); 1026.32(b)(6)(i). 135 12 CFR 1003.4(a)(27).

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The Enterprises indicated that they Construction Method: Construction It will now be disclosed in the National collect the same HMDA data values for Method is a new HMDA data element File in ranges, rather than as the actual this data element. Accordingly, Non- that discloses some of the same number of units as previously disclosed. Amortizing Features will be disclosed information as the former HMDA This conforms to the CFPB Privacy without modification in the PUDB Property Type.142 Construction Method Guidance, except for a minor change to Multifamily Census Tract File, in indicates whether the property is Site the CFPB’s intended ranges.150 conformance with the CFPB Privacy Built or a Manufactured Home. In the Action Taken Date (Loan Originated): Guidance.136 multifamily context, Manufactured Action Taken Date is an unchanged Multifamily Affordable Units: Home refers to manufactured home HMDA data element that reports the Multifamily Affordable Units is a new communities.143 Construction Method is action, and the date that action was HMDA data element that indicates the collected by the Enterprises but is not taken.151 For the Enterprise data and exact number of individual dwelling currently disclosed in the Multifamily PUDB purposes, the relevant HMDA units related to the property that are PUDB. Construction Method will be Action Taken Date values are Loan income-restricted under federal, state, or disclosed without modification in the Originated and Purchased Loan local affordable housing programs.137 PUDB Multifamily Census Tract File, in (discussed below in Section II.C.2.ii.).152 The Enterprises indicated that they conformance with the CFPB Privacy The CFPB intends to withhold all collect this data. Multifamily Affordable Guidance.144 Action Taken Dates from its public Units will be disclosed as a percentage Loan Term: Loan Term is a new dataset since the exact dates could be of total units in the PUDB Multifamily HMDA data element that indicates the used to match to other public datasets Census Tract File, in conformance with number of months until the loan reaches with individually identifying the CFPB Privacy Guidance.138 maturity.145 For purchased loans, Loan information.153 However, the year of Loan Amount (Note Amount): Loan Term is measured from origination.146 origination or purchase can always be Amount is a modified HMDA data Loan Term will be disclosed without inferred from the CFPB’s public dataset element that identifies the Note Amount modification in the PUDB Multifamily because it only contains loans that were and the UPB at the time of purchase Census Tract File, in conformance with originated or purchased in that year— (discussed below in Section II.C.2.i.). the CFPB Privacy Guidance.147 e.g., the dataset with 2018 data only The Enterprises collect both data Previously, Loan Term had been contains loans originated or purchased element values. The current PUDB withheld from the PUDB on proprietary in 2018. The current PUDB Multifamily Multifamily Census Tract File does not grounds. National File includes a field for Date of include Note Amount. A new data Mortgage Note that conforms with the element for Note Amount that will 2. HMDA Multifamily Data Elements HMDA Loan Originated value. Date of identify the amount to be repaid as Already in the PUDB Mortgage Note is modified in the disclosed on the legal obligation will be i. Disclosure Changes in the PUDB current PUDB to disclose whether the added to the PUDB Multifamily Census The multifamily data elements listed loan was originated in the same year it Tract File. Note Amount will be below were previously withheld from was acquired, or in any prior year. To disclosed as the midpoint of the $10,000 the PUDB or disclosed in the PUDB conform with the CFPB Privacy interval in which the actual amount with proprietary protections, but were Guidance, Date of Mortgage Note will be falls, in conformance with the CFPB defined by the Regulation C disclosed in the Census Tract File. This Privacy Guidance.139 amendments as HMDA data elements in modification conforms with the CFPB’s Loan Purpose (Cash-Out Refinancing): intended withholding of the actual date 2018 and must now be disclosed.148 The Loan Purpose is a modified HMDA data since the year of origination can be data elements previously disclosed only element that indicates whether the loan inferred from the year of the CFPB’s in the National File that must now be was for Purchase, Refinancing, Home public dataset. disclosed in the Census Tract File will Improvement, Cash-Out Refinancing, or Loan Amount (UPB): Loan Amount is continue to be disclosed in the National Other. The Regulation C amendments a modified HMDA data element that File as well as being added to the added the values for Cash-Out identifies the Note Amount (discussed 140 Census Tract File. All of the data Refinancing and Other. (The other above in Section II.C.1.) and the UPB at elements will be modified as Loan Purpose values are discussed the time of purchase.154 The current separately below in Section II.C.2.ii.). appropriate in the PUDB to conform to Fannie Mae indicated that it collects the CFPB Privacy Guidance. 150 84 FR at 666–667. FHFA’s Total Units ranges Cash-Out Refinancing for multifamily Total Units: The Regulation C will differ slightly from the CFPB’s intended ranges. loans, but Freddie Mac indicated that it amendments added a new Total Units The CFPB discloses the number of units in the does not. Cash-Out Refinancing will be data element that discloses the number ranges 5 to 24, 25 to 49, 50 to 99, and 100 to 149, of units in ranges.149 The PUDB with top-coding. FHFA will change the 25–49 and added without modification to the 50–99 bins to 25–50 and 51–99, to align with PUDB Multifamily Census Tract File as Multifamily National File previously FHFA’s definition of ‘‘small multifamily property.’’ a value for Loan Purpose, in included a data element called Total See 12 CFR 1282.1. conformance with the CFPB Privacy Number of Units that disclosed the 151 12 CFR 1003.4(a)(8)(i)(A) and (ii). The PUDB 141 actual number of units without combines Action Taken and Action Taken Date, Guidance. since there is only one possible action by the modification. Because Total Number of Enterprises (purchase) but two available dates in 136 84 FR at 656. Units is now a HMDA data element, it the Enterprise data (origination and purchase). 137 12 CFR 1003.4(a)(32). will be added to the Census Tract File. 152 Action Taken also requires reporting actions 138 84 FR at 666–667. that do not apply to originated loans (e.g., 139 84 FR at 661. 142 12 CFR 1003.4(a)(5) and (31). application denied). 12 CFR 1003.4(a)(8)(i)(B) and 140 (C). Since the PUDB only contains data on 12 CFR 1003.4(a)(3). ‘‘Cash-Out Refinancing’’ 143 Official Interpretations, comment 4(a)(5)–2. originated loans, and the Enterprises do not collect is defined as a loan that ‘‘the institution considered 144 84 FR at 656. to be a cash-out refinancing in processing the data on loans that were not originated, these values 145 12 CFR 1003.4(a)(25). application or setting the terms (such as the interest are not relevant. 146 rate or origination charges) under its guidelines or Official Interpretations, comment 4(a)(25)–3. 153 84 FR at 663. an investor’s guidelines.’’ Official Interpretations, 147 84 FR at 656. 154 12 CFR 1003.4(a)(7)(i). Where more than one comment 4(a)(3)–2. 148 12 U.S.C. 4543(b)(2). property collateralizes a loan and/or loans, the 141 84 FR at 656. 149 80 FR at 66157, 66227. Continued

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PUDB Multifamily Census Tract File Guarantee which conforms with HMDA File without modification, and will includes a data element named Loan Type. Federal Guarantee will continue to be disclosed in this manner Acquisition UPB that aligns with the continue to be disclosed without in the Census Tract File, in conformance UPB at the time of purchase. modification in the PUDB Multifamily with the CFPB Privacy Guidance.167 Acquisition UPB was previously Census Tract File, in conformance with (The new Loan Purpose value for Cash- rounded to the nearest $1,000 in the the CFPB Privacy Guidance.159 Out Refinancing is discussed separately PUDB. Acquisition UPB will continue to Property Location: Property Location above in Section II.C.1.) be disclosed in the Census Tract File, is an unchanged HMDA element that 3. HMDA Multifamily Data Elements but the disclosure will be changed to the indicates the State, County, and Census Not Collected by the Enterprises and midpoint of the $10,000 interval in Tract location of the mortgaged Not Included in the PUDB which the actual amount falls, in property.160 These data values are accordance with the CFPB Privacy currently disclosed without Based on the review of the Guidance.155 modification in the PUDB Multifamily Enterprises’ data mapping submissions, Census Tract File, in conformance with FHFA concluded that the HMDA ii. No Disclosure Changes in the PUDB the CFPB Privacy Guidance.161 They multifamily data elements listed below The HMDA multifamily data elements will continue to be disclosed in this are not collected by the Enterprises from listed below are currently disclosed in manner in this File. loan sellers, or are related to loan types the PUDB Multifamily Census Tract File Type of Purchaser: Type of Purchaser not purchased by the Enterprises, and and were unchanged by the Regulation is a modified HMDA data element that are, thus, not available for reporting. C amendments, or modified in a way indicates the type of purchaser for loans FHFA does not require the Enterprises, that is irrelevant to Enterprise data. sold within the same calendar year as while in conservatorship, to collect data Accordingly, they will continue to be origination.162 This includes separate from loan sellers solely to populate the disclosed in the same manner in this values for Fannie Mae and Freddie PUDB. Accordingly, these data elements File. No changes in reporting or Mac.163 All Files in the current are not available for inclusion in the disclosure are necessary to conform Multifamily PUDB include an Multifamily PUDB. with Regulation C. Enterprise Flag, which is equivalent to The data elements are: Universal Loan Action Taken Date (Purchased Loan): the HMDA Type of Purchaser values for Identifier/Legal Entity Identifier, Action Taken Date is an unchanged Fannie Mae and Freddie Mac. For Occupancy Type, Ethnicity/Race/Sex, HMDA data element that indicates the purposes of the PUDB, the other Type Age, Reason for Denial, Total Loan action, and the date that action was of Purchaser values are not relevant Costs, Total Points and Fees, taken.156 For the Enterprise data and because, by definition, all PUDB loans Origination Charges, Discount Points, PUDB purposes, the relevant HMDA were purchased by the Enterprises. The Lender Credits, HOEPA Status, Action Taken Date values are Loan Enterprise Flag will continue to be Introductory Rate Period, NMLSR ID, Originated (discussed above in Section disclosed without modification in all AUS Name, AUS Result, Reverse II.C.2.i.) and Purchased Loan. Action Multifamily PUDB Files, including the Mortgage, Business or Commercial Taken Date for Purchased Loans is the Census Tract File. Purpose,168 Open-End Line of Credit, Lien Status: Lien Status is a modified date the loan was purchased from an Credit Scoring Model, Application HMDA data element that indicates originator.157 To protect borrower Channel, and Rate Spread. whether the property is Secured by a privacy, the CFPB intends to withhold First Lien, or Secured by a Subordinate 4. HMDA Multifamily Data Elements this date from its public dataset, but the Lien.164 The current PUDB Multifamily Excluded From the PUDB To Protect year of purchase can be inferred from Census Tract File discloses lien status Borrower Privacy the year of the dataset, which contains for purchased loans without data on loans purchased in a single FHFA identified three HMDA modification, in conformance with the calendar year. Likewise, the year of multifamily data elements that are CFPB Privacy Guidance, and will Enterprise acquisition can be inferred collected by the Enterprises and will be continue to do so.165 wholly excluded from the Multifamily from the year of the PUDB, which only Loan Purpose (Purchase, Refinancing, contains data on loans acquired by the PUDB to protect borrower privacy, in and Home Improvement): Loan Purpose conformance with the CFPB Privacy Enterprises in a single calendar year. is a modified HMDA data element that Accordingly, no data elements need to Guidance. These data elements, indicates whether the loan was for discussed below, are not currently be added to the PUDB Multifamily Purchase, Refinancing, Cash-Out Census Tract File to conform with disclosed in the Multifamily PUDB and Refinancing, Home Improvement, or are not required to be reported by the Regulation C. Other.166 The Loan Purpose values for Loan Type: Loan Type is an Enterprises to FHFA for PUDB Purchase, Refinancing, and Home 169 unchanged HMDA data element that purposes. Improvement are disclosed in the Application Date: Application Date is indicates whether the loan was insured current PUDB Multifamily Census Tract by the Federal Housing Administration, an unchanged HMDA data element that indicates the date the loan application guaranteed by the Department of 159 84 FR at 656. Veterans Affairs, guaranteed by the 160 12 CFR 1003.4(a)(9)(ii). 167 84 FR at 656. 161 84 FR at 656. Rural Housing Service or the Farm 168 Although the Enterprises do not collect any 158 162 Service Agency, or Conventional. The 12 CFR 1003.4(a)(11). specific data on Regulation C’s Business or current PUDB Multifamily Census Tract 163 See FHFA 2010 Order, 75 FR at 41186. Commercial Purpose data element, all multifamily File includes a data element for Federal 164 12 CFR 1003.4(a)(14). The CFPB modified this loans are, by definition, Business or Commercial data element to include the lien status for loans under HMDA. See Official Interpretations, purchased loans. 80 FR at 66201. Since FHFA comment 3(c)(10)–3(i). Thus, all loans in the PUDB acquisition UPB is allocated among the properties already requires the Enterprises to report all data Multifamily Files are Business or Commercial in the multifamily data collected by the Enterprises. they possess, regardless of HMDA loan purchaser Purpose and no additional data element is required 155 84 FR at 661. requirements, this modification does not impact the to be reported or disclosed in the PUDB. 156 12 CFR 1003.4(a)(8)(i)(A) and (ii). Enterprise data. 169 FHFA may, however, require the Enterprises 157 12 CFR 1003.4(a)(8)(A). 165 84 FR at 656. to report these data elements to FHFA for other 158 12 CFR 1003.4(a)(2). 166 12 CFR 1003.4(a)(3). purposes.

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was received or the date shown on the Persistent Poverty County, Area of Whereas, the mortgage data elements loan application form. Application Date Concentrated Poverty, and High for the PUDB are submitted by Fannie is collected by the Enterprises.170 Opportunity Area. These codes will not Mae and Freddie Mac to FHFA in the Because Application Date presents flag individual loans purchased by the reports required under section 309(m) of borrower privacy concerns, the CFPB Enterprises that actually qualified for the Federal National Mortgage Privacy Guidance intends to exclude it Duty to Serve credit, but rather whether Association Charter Act (12 U.S.C. from the CFPB’s public dataset.171 the mortgage property is located in one 1723a(m)) and section 307(e) of the Accordingly, Application Date will not of these geographical areas that the Duty Federal Home Loan Mortgage be included in the Multifamily PUDB, to Serve regulation identifies for Corporation Act (12 U.S.C. 1456(e)), in conformance with the CFPB Privacy Enterprise efforts. respectively, and in other submissions Guidance. Since the geographic indicators can to FHFA; Property Address: Property Address is already be derived from the census tract Whereas, the Safety and Soundness a new HMDA data element that disclosed in the PUDB Census Tract Act (12 U.S.C. 4543(a)(2), 4546(d)(1)) indicates the address of the property Files and other public data, they will further provides that the mortgage data securing the loan.172 Property Address not introduce any new privacy or elements must include data elements is collected by the Enterprises. Because proprietary data concerns, nor will they that are the same as those required to be Property Address is uniquely necessitate any additional reporting by reported under the Home Mortgage identifying, the CFPB Privacy Guidance the Enterprises. Disclosure Act of 1975 (HMDA) (12 intends to exclude it from its public The Safety and Soundness Act U.S.C. 2801 et seq.), which must be dataset.173 Accordingly, Property provides that the Director shall make made available to the public at the Address will not be included in the the required PUDB data elements public census tract level, subject to privacy Multifamily PUDB, in conformance with in forms useful to the public.178 Adding considerations, as described in section the CFPB Privacy Guidance. the geographic indicators in the PUDB 304(j) of HMDA (12 U.S.C. 2803(j)), and Credit Score: Credit Score is a new will provide greater transparency to the thus may not be withheld from public HMDA data element that indicates the public about the Enterprises’ Duty to disclosure notwithstanding any credit score relied on by the lender to Serve activities. Enterprise proprietary interests; make the decision on the application.174 Whereas, in 2015, the Consumer The Enterprises collect Credit Score for V. Order Financial Protection Bureau (CFPB) some natural person multifamily For the convenience of the affected added new definitions for HMDA data borrowers. The CFPB requires Credit parties, and the public, the Order is elements in amendments to Regulation Score to be reported, but the CFPB recited below in its entirety. The Order C (12 CFR part 1003), which took effect Privacy Guidance intends to exclude it is also available for public inspection on January 1, 2018 for mortgages from disclosure in the CFPB’s public and copying at FHFA’s Freedom of originated in 2018 and thereafter; dataset.175 Accordingly, Credit Score Information Act (FOIA) Reading Room Whereas, as a result of the Regulation will not be included in the Multifamily at https://www.fhfa.gov/AboutUs/ C amendments, any new data elements PUDB, in conformance with the CFPB FOIAPrivacy/Pages/Reading-Room.aspx collected by the Enterprises that Privacy Guidance. by clicking on ‘‘Click here to view conform to the new HMDA definitions in Regulation C must be added to the 5. Multifamily Data Elements Exempt Orders’’ under the Final Opinions and PUDB; From HMDA Orders heading. The text of the Orders is as follows: Whereas, FHFA identified the data Under Regulation C, Preapproval, elements collected by the Enterprises in Income, Debt-to-Income, Manufactured Federal Housing Finance Agency 2018 that conform to the new HMDA Home Secured Property Type, and Order Nos. 2020–OR–FNMA–2; and definitions in Regulation C that are of Manufactured Home Land Property 2020–OR–FHLMC–2. appropriate data quality for public Interest data are not reported for disclosure; multifamily loans.176 Accordingly, these Revisions to Data Requirements for Whereas, section 304(j)(2)(B) of are not HMDA data elements for PUDB Enterprise Public Use Database To HMDA (12 U.S.C. 2803(j)(2)(B)) purposes. They are not included in the Include New Home Mortgage Disclosure provides that the CFPB shall protect any current Multifamily PUDB and will not Act Data Elements privacy interest of borrowers in the be added to the Multifamily PUDB. Whereas, the Federal Housing release of HMDA data elements, and the IV. Duty To Serve Geographic Enterprises Financial Safety and CFPB has issued privacy guidance to Indicators Added to the PUDB Soundness Act of 1992 (Safety and implement the HMDA statutory privacy Soundness Act) (12 U.S.C. 4543) requirements (84 FR 649 (Jan. 31, FHFA’s Order revises the PUDB requires the Federal Housing Finance 2019)); single-family and multifamily matrices Agency (FHFA) to make available Whereas, pursuant to the requirement to add in the Census Tract Files annually to the public certain loan-level under the Safety and Soundness Act to geographic indicators that correspond to mortgage data elements related to consider the HMDA privacy regions of focus under the Duty to Serve single-family and multifamily mortgages requirements for HMDA data elements 177 program. The geographic identifiers purchased by the Federal National published in the PUDB, FHFA is include codes for Rural, Lower Mortgage Association (Fannie Mae) and following the CFPB privacy guidance for Mississippi Delta, Middle Appalachia, the Federal Home Loan Mortgage all of the HMDA data elements in the Corporation (Freddie Mac) (collectively, PUDB, with one minor change to the 170 12 CFR 1003.4(a)(1)(ii). 171 the Enterprises) in a calendar year; manner of disclosure of multifamily 84 FR at 660. Whereas, FHFA publishes annually Total Units; 172 12 CFR 1003.4(a)(9)(i). 173 84 FR at 663. the required Enterprise mortgage data Whereas, pursuant to the Safety and 174 12 CFR 1003.4(a). elements in an Enterprise Public Use Soundness Act (12 U.S.C. 4543(a)(1)), 175 84 FR at 665. Database (PUDB); the Director shall make the required 176 Official Interpretations, comment 2(n)–2. data elements public in forms useful to 177 12 CFR part 1282, subpart C. 178 12 U.S.C. 4543(a)(1). the public, and has determined that

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adding certain geographic indicators for loans acquired by the Enterprises in FEDERAL RESERVE SYSTEM that correspond to certain regions of 2018 added by this Order, replacing the focus under the Enterprise Duty to Serve interim PUDB released on September Notice of Proposals To Engage in or program (12 CFR part 1282, subpart C) 23, 2019, which does not include the To Acquire Companies Engaged in will help provide greater transparency new HMDA data elements or Duty to Permissible Nonbanking Activities to the public about the Enterprises’ Duty Serve geographic indicators. The companies listed in this notice to Serve activities; Whereas, to comply with the Safety It is so ordered, this the 27th day of have given notice under section 4 of the and Soundness Act, it is necessary for May, 2020. Bank Holding Company Act (12 U.S.C. FHFA to make changes to the data fields This Order is effective immediately. 1843) (BHC Act) and Regulation Y, (12 in the single-family and multifamily CFR part 225) to engage de novo, or to Signed at Washington, DC, this 27th day of acquire or control voting securities or matrices of the PUDB, which set forth May, 2020. the data required to be submitted for the assets of a company, including the PUDB and the privacy and proprietary Mark A. Calabria, companies listed below, that engages modifications to that data, as directed in Director, Federal Housing Finance Agency. either directly or through a subsidiary or this Order; [FR Doc. 2020–11819 Filed 6–2–20; 8:45 am] other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y Now, therefore, it is hereby ordered as BILLING CODE 8070–01–P follows: (12 CFR 225.28) or that the Board has 1. The data fields in the single-family determined by Order to be closely and multifamily matrices of the PUDB related to banking and permissible for are revised as set forth in the matrices FEDERAL MARITIME COMMISSION bank holding companies. Unless published on the FHFA website at otherwise noted, these activities will be https://www.fhfa.gov/DataTools/ Notice of Agreements Filed conducted throughout the United States. Downloads/Pages/Public-Use- Each application is available for Databases.aspx, which are incorporated The Commission hereby gives notice inspection at the Federal Reserve Bank herein by reference, to include: of the filing of the following agreements as indicated. The application also will (a) The data elements that are the under the Shipping Act of 1984. be available for inspection at the offices same as those required to be reported Interested parties may submit of the Board of Governors. Interested under HMDA, pursuant to 12 U.S.C. comments, relevant information, or persons may express their views in 4543(a)(2) and 4546(d)(1), except for documents regarding the agreements to writing on the question whether the certain newly collected data elements the Secretary by email at Secretary@ proposal complies with the standards of section 4 of the BHC Act. that require further analysis to ensure fmc.gov, or by mail, Federal Maritime Unless otherwise noted, comments data quality before inclusion in the Commission, Washington, DC 20573. regarding the applications must be PUDB; Comments will be most helpful to the (b) Revised proprietary and privacy received at the Reserve Bank indicated Commission if received within 12 days protections, including the disclosure of or the offices of the Board of Governors, data elements previously withheld or of the date this notice appears in the Ann E. Misback, Secretary of the Board, modified on proprietary grounds that Federal Register. Copies of agreements 20th Street and Constitution Avenue are no longer eligible for proprietary are available through the Commission’s NW, Washington DC 20551–0001, not protection under 12 U.S.C. 4543(b)(2); website (www.fmc.gov) or by contacting later than June 22, 2020. and the Office of Agreements at (202) 523– A. Federal Reserve Bank of Chicago (c) Certain Duty to Serve geographic 5793 or [email protected]. (Colette A. Fried, Assistant Vice indicators; Agreement No.: 012426–005. President) 230 South LaSalle Street, 2. The Enterprises shall provide to Chicago, Illinois 60690–1414: FHFA the mortgage data elements Agreement Name: The OCEAN 1. Bath State Bancorp Employee Stock required to populate the data fields Alliance Agreement. Ownership Plan With 401(k) Provisions, described in the single-family and Parties: American President Lines, Bath, Indiana; to acquire voting shares multifamily matrices for inclusion in LLC; APL Co. Pte. Ltd.; CMA CGM S.A.; of Bath State Bancorp, and indirectly the 2018 PUDB no later than four weeks COSCO SHIPPING Lines Co., Ltd.; acquire voting shares of Bath State from the date of this Order, pursuant to Evergreen Line Joint Service Agreement; Bank, both of Bath, Indiana, and thereby instructions issued by FHFA staff, and OOCL (Europe) Limited, and Orient engage in extending credit and servicing shall provide such data elements Overseas Container Line Limited. loans pursuant to Section 225.28(b)(1) of annually thereafter to FHFA for future Filing Party: Robert Magovern; Cozen Regulation Y. PUDBs in accordance with applicable O’Connor. Board of Governors of the Federal Reserve FHFA regulations and any additional System, May 28, 2020. Synopsis: The Amendment adds instructions issued by FHFA staff; Yao-Chin Chao, 3. This Order modifies the FHFA Bahrain, Iraq, and Oman to the Assistant Secretary of the Board. Order on the Public Use Database for geographic scope of the Agreement. [FR Doc. 2020–11903 Filed 6–2–20; 8:45 am] Enterprise Mortgage Purchases, dated Proposed Effective Date: 7/11/2020. July 1, 2010 (75 FR 41180, 41189) (July BILLING CODE P 15, 2010), and the FHFA Order on Location: https://www2.fmc.gov/ Revisions to Enterprise Public Use FMC.Agreements.Web/Public/ FEDERAL RESERVE SYSTEM Database Incorporating High-Cost AgreementHistory/1214. Single-Family Securitized Loan Data Dated: May 29, 2020. Change in Bank Control Notices; Fields and Technical Data Field Rachel Dickon, Acquisitions of Shares of a Bank or Changes, dated Sept. 21, 2011 (76 FR Secretary. Bank Holding Company 60031, 60036) (Sept. 28, 2011); and 4. A new 2018 PUDB shall be released [FR Doc. 2020–11940 Filed 6–2–20; 8:45 am] The notificants listed below have by FHFA containing the data elements BILLING CODE 6730–02–P applied under the Change in Bank

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Control Act (Act) (12 U.S.C. 1817(j)) and DEPARTMENT OF HEALTH AND proposed collection(s) summarized in § 225.41 of the Board’s Regulation Y (12 HUMAN SERVICES this notice, you may make your request CFR 225.41) to acquire shares of a bank using one of following: or bank holding company. The factors Centers for Medicare & Medicaid 1. Access CMS’ website address at that are considered in acting on the Services website address at https://www.cms.gov/ applications are set forth in paragraph 7 [Document Identifier CMS–10170] Regulations-and-Guidance/Legislation/ of the Act (12 U.S.C. 1817(j)(7)). PaperworkReductionActof1995/PRA- Agency Information Collection Listing.html The applications listed below, as well Activities: Proposed Collection; 2. Email your request, including your as other related filings required by the Comment Request address, phone number, OMB number, Board, if any, are available for and CMS document identifier, to immediate inspection at the Federal AGENCY: Centers for Medicare & [email protected]. Reserve Bank indicated. The Medicaid Services, HHS. 3. Call the Reports Clearance Office at applications will also be available for ACTION: Notice. (410) 786–1326. inspection at the offices of the Board of FOR FURTHER INFORMATION CONTACT: SUMMARY: The Centers for Medicare & Governors. Interested persons may William N. Parham at (410) 786–4669. Medicaid Services (CMS) is announcing SUPPLEMENTARY INFORMATION: express their views in writing on the an opportunity for the public to standards enumerated in paragraph 7 of comment on CMS’ intention to collect Contents the Act. information from the public. Under the This notice sets out a summary of the Comments regarding each of these Paperwork Reduction Act of 1995 (the use and burden associated with the applications must be received at the PRA), federal agencies are required to following information collections. More Reserve Bank indicated or the offices of publish notice in the Federal Register detailed information can be found in the Board of Governors, Ann E. concerning each proposed collection of each collection’s supporting statement Misback, Secretary of the Board, 20th information (including each proposed and associated materials (see extension or reinstatement of an existing Street and Constitution Avenue NW, ADDRESSES). Washington, DC 20551–0001, not later collection of information) and to allow CMS–10170 Retiree Drug Subsidy than June 17, 2020. 60 days for public comment on the proposed action. Interested persons are Payment Request and Instructions A. Federal Reserve Bank of Chicago invited to send comments regarding our Under the PRA (44 U.S.C. 3501– (Colette A. Fried, Assistant Vice burden estimates or any other aspect of 3520), federal agencies must obtain President) 230 South LaSalle Street, this collection of information, including approval from the Office of Management Chicago, Illinois 60690–1414: the necessity and utility of the proposed and Budget (OMB) for each collection of 1. S.C. Investments, L.P., Gerald F. information collection for the proper information they conduct or sponsor. Fitzgerald, general partner, the performance of the agency’s functions, The term ‘‘collection of information’’ is Fitzgerald Dynasty Trust, Denise M. the accuracy of the estimated burden, defined in 44 U.S.C. 3502(3) and 5 CFR Fitzgerald, trustee, all of Palatine, ways to enhance the quality, utility, and 1320.3(c) and includes agency requests Illinois; the James G. Fitzgerald 1988 clarity of the information to be or requirements that members of the Trust, James G. Fitzgerald, trustee, the collected, and the use of automated public submit reports, keep records, or Timothy E. Fitzgerald 2011 Trust, collection techniques or other forms of provide information to a third party. Timothy J. Fitzgerald and James G. information technology to minimize the Section 3506(c)(2)(A) of the PRA information collection burden. Fitzgerald, as co-trustees, the Whooper requires federal agencies to publish a Trust, Jane M. Fitzgerald, trustee, all of DATES: Comments must be received by 60-day notice in the Federal Register Naples, Florida; the Andrew J. August 3, 2020. concerning each proposed collection of Fitzgerald 2011 Trust, Andrew J. ADDRESSES: When commenting, please information, including each proposed Fitzgerald, trustee, Santa Barbara, reference the document identifier or extension or reinstatement of an existing collection of information, before California; to join the Fitzgerald Family OMB control number. To be assured consideration, comments and submitting the collection to OMB for Control Group, a group acting in recommendations must be submitted in approval. To comply with this concert, and retain voting shares of any one of the following ways: requirement, CMS is publishing this LaSalle Bancorp, and thereby indirectly 1. Electronically. You may send your notice. retain voting shares of Hometown comments electronically to http:// Information Collection National Bank, both of LaSalle, Illinois. www.regulations.gov. Follow the Board of Governors of the Federal Reserve instructions for ‘‘Comment or 1. Type of Information Collection System, May 28, 2020. Submission’’ or ‘‘More Search Options’’ Request: Extension without change of a Yao-Chin Chao, to find the information collection currently approved collection; Title of Information Collection: Retiree Drug Assistant Secretary of the Board. document(s) that are accepting comments. Subsidy Payment Request and [FR Doc. 2020–11902 Filed 6–2–20; 8:45 am] 2. By regular mail. You may mail Instructions; Use: Under the Medicare BILLING CODE P written comments to the following Prescription Drug, Improvement, and address: CMS, Office of Strategic Modernization Act of 2003 and Operations and Regulatory Affairs, implementing regulations at 42 CFR part Division of Regulations Development, 423 subpart R plan sponsors (e.g., Attention: Document Identifier/OMB employers, unions) who offer Control Number ______, Room C4– prescription drug coverage to their 26–05, 7500 Security Boulevard, qualified covered retirees are eligible to Baltimore, Maryland 21244–1850. receive a 28% subsidy for allowable To obtain copies of a supporting drug costs. In order to qualify, plan statement and any related forms for the sponsors must submit a complete

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application to the Centers for Medicare DEPARTMENT OF HEALTH AND information collection should be sent & Medicaid Services (CMS) with a list HUMAN SERVICES directly to the following: Office of of retirees for whom it intends to collect Management and Budget; Paperwork the subsidy. Once CMS reviews and Administration for Children and Reduction Project; Email: OIRA_ analyzes the information on the Families [email protected]; Attn: application and the retiree list, Desk Officer for the Administration for Submission for OMB Review; Refugee Children and Families. notification will be sent to the plan Support Services (RSS) and RSS Set sponsor about its eligibility to Copies of the proposed collection may Aside Sub-Agency List (New be obtained by emailing infocollection@ participate in the Retiree Drug Subsidy Collection) (RDS) Program.. Form Number: CMS– acf.hhs.gov. Alternatively, copies can 10170 (OMB control number: 0938– AGENCY: Office of Refugee Resettlement, also be obtained by writing to the 0977); Frequency: Yearly; Affected Administration for Children and Administration for Children and Families, Office of Planning, Research, Public: State, Local, or Tribal Families, HHS. and Evaluation, 330 C Street SW, Governments; Number of Respondents: ACTION: Request for public comment. Washington, DC 20201, Attn: ACF 1,803; Total Annual Responses: 1,803; SUMMARY: The Administration for Reports Clearance Officer. All requests, Total Annual Hours: 115,392. (For Children and Families (ACF) seeks emailed or written, should be identified policy questions regarding this approval for a new information by the title of the information collection. collection contact Ivan Iveljic at 410) collection requesting Refugee Support SUPPLEMENTARY INFORMATION: 786–3312.) Services (RSS) grantees and RSS Set Description: This new data collection Dated: May 29, 2020. Aside grantees to provide the agency will request RSS grantees and RSS Set name, city, state, phone number, and William N. Parham, III, Aside grantees to provide the agency funding amount for each contracted sub- name, city, state, phone number, and Director, Paperwork Reduction Staff, Office grantee. of Strategic Operations and Regulatory funding amount for each contracted sub- Affairs. DATES: Comments due within 30 days of grantee. Without having this publication. The Office of Management [FR Doc. 2020–11992 Filed 6–2–20; 8:45 am] information regarding RSS sub-grantees, and Budget (OMB) is required to make BILLING CODE 4120–01–P the ACF Office of Refugee Resettlement a decision concerning the collection of (ORR) does not know whether an agency information between 30 and 60 days is, or is not, receiving ORR funds. This after publication of this document in the makes it difficult to ensure Federal Register. Therefore, a comment communications with, provide access to is best assured of having its full effect targeted assistance for, and keep abreast if OMB receives it within 30 days of of the activities of all ORR-funded publication. refugee service providers. ADDRESSES: Written comments and Respondents: State governments and recommendations for the proposed replacement designees.

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

RSS and RSS Set Aside Sub-grantee List ...... 56 3 2 336 112

Estimated Total Annual Burden and Delegations of Authority of the Programs (RVT1) to the Office of Hours: 112. Department of Health and Human Program Support (RV3) and the Division Authority: Refugee Act of 1980 Services (HHS), Health Resources and of Policy and Data (RVA) within the [Immigration and Nationality Act, Title IV, Services Administration (HRSA) (60 FR HIV/AIDS Bureau; (2) abolishes the Chapter 2 Section 412(e)] and 45 CFR 400.28. 56605, as amended November 6, 1995; Division of Domestic Programs (RVT2); as last amended at 84 FR 49535–49540 transfers the organization and functions Mary B. Jones, dated September 20, 2019). ACF/OPRE Certifying Officer. of the Division of Global Programs HRSA is making changes within both (RVT2) to the Office of Global Health [FR Doc. 2020–11985 Filed 6–2–20; 8:45 am] the HIV/AIDS Bureau and Office of (RAI); (3) abolishes the Office of HIV/ BILLING CODE 4184–45–P Global Health in order to generate AIDS Training and Capacity efficiencies in the delivery of technical Development (RVT); and (4) updates the assistance and global activities by better DEPARTMENT OF HEALTH AND aligning staff within HRSA to maximize functional statement for the HIV/AIDS HUMAN SERVICES the impact of their focus areas. Bureau, Office of the Associate This reorganization updates the Administrator (RV). Health Resources and Services organization, functions, and delegation Chapter RV—HIV/AIDS Bureau Administration of authority of the HIV/AIDS Bureau Section RV.10 Organization Statement of Organization, Functions (RV) and the Office of Global Health (RAI) within the Office of the and Delegations of Authority Delete the organization for the HIV/ Administrator. Specifically this AIDS Bureau (RV) in its entirety and This notice amends Part R of the reorganization: (1) Transfers the Statement of Organization, Functions functions of the Division of Domestic replace with the following:

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The HIV/AIDS Bureau (RV) is headed prioritizes technical assistance needs in Management (OFAM); (13) provides by the Associate Administrator, who consultation with each division/office; statutory and programmatic reports directly to the Administrator, (12) plans, implements, and evaluates coordination, guidance, and expertise HRSA. The HIV/AIDS Bureau includes the Bureau’s national technical on grants and fiscal compliance to the following components: assistance resource training center funded programs and Bureau staff; (14) (1) Office of the Associate website and other distance learning identifies and develops resources to Administrator (RV); modalities; (13) represents the Agency sustain statutory, programmatic and (2) Office of Operations and in HIV/AIDS related conferences, fiscal compliance of funded programs Management (RV2); consultations, and meetings with other (15) coordinates with HRSA’s OFAM for (2) Office of Program Support (RV3); Operating Divisions, Office of the grants processes; (16) coordinates with (3) Division of Policy and Data (RVA); Assistant Secretary for Health, and the (4) Division of Metropolitan HIV/ HRSA’s OFAM for fiscal oversight and White House; and (14) oversees Bureau compliance; (17) as needed, coordinates AIDS Programs (RV5); Executive Secretariat functions and grant recipient site visits and site (5) Division of State HIV/AIDS coordinates HRSA responses and specific consultations; (18) supports Programs (RVD); and comments on HIV/AIDS-related reports, (6) Division of Community HIV/AIDS position papers, guidance documents, grant recipients in meeting project goals Programs (RV6). correspondence, and related issues, and deliverables related to fiscal compliance and grants policy; (19) Section RV.20 Function including Freedom of Information Act requests. develops grant recipients training and Delete the functional statement for technical assistance plans related to The Office of the Associate Office of Program Support (RV3) fiscal compliance and grants policy; (20) Administrator (RV), Office of Program The Office of Program Support leads distance learning opportunities; Support (RV3) and Division of Policy provides expertise, guidance, and (21) is responsible for activities and Data (RVA) in its entirety and leadership, and support in the areas of associated with the planning, replace with the following: organizational development, development, implementation, Office of the Associate Administrator communications, fiscal oversight, grants evaluation, and coordination of the HIV/ (RV) policy, training and technical assistance AIDS Education and Training Center to the Bureau staff and grant recipients, Program. The Office of the Associate and customer service to support Administrator provides leadership and program implementation. Specifically, Division of Policy and Data (RVA) direction for the HIV/AIDS programs the Office of Program Support: (1) The Division of Policy and Data and activities of the Bureau and Coordinates grants management and serves as the Bureau’s principal source oversees its relationship with other grants policy for the Bureau, including of program data collection and national health programs. Specifically: grants liaison functions; (2) supports (1) Promotes the implementation of the training and technical assistance (TA) evaluation and the focal point for National HIV/AIDS Strategy within the for grant recipients through the AIDS coordination of program performance Agency and among Agency-funded Education and Training Centers activities, policy analysis, and programs; (2) coordinates the (AETCs), TA contracts, and other TA development of policy guidance. The formulation of an overall strategy and initiatives; (3) plans, implements and division coordinates policy and data policy for programs established by Title evaluates HIV/AIDS Bureau staff related technical assistance activities for XXVI of the PHS Act as amended by the development and education to enable the Bureau in collaboration with each Ryan White HIV/AIDS Treatment employees to meet the mission of the division and conducts evaluation Extension Act of 2009, Public Law 111– Bureau; (4) streamlines studies on emerging health service 87; (3) coordinates internal functions of communications, clearance activities delivery issues and their effects upon the Bureau and its relationships with and development of consistent, quality clients, providers, grant recipients, other Agency Bureaus and Offices; (4) presentations; (5) improves the Bureau’s systems of care and coordinates clinical establishes HIV/AIDS program external facing communication efforts; quality improvement activities. The objectives, alternatives, and policy (6) facilitates transparency in sharing division also manages Special Projects positions consistent with broad the Bureau’s data using internal and of National Significance funding which Administration guidelines; (5) provides external resources; (7) supports systems supports the development of innovative leadership for and oversight of the development to improve program models of HIV care to quickly respond Bureau’s budgetary development and efficiencies and management; (8) to the emerging needs of clients served implementation processes; (6) provides provides support with the by the Ryan White HIV/AIDS Program. clinical leadership to Ryan White- implementation of staff development, funded programs; (7) serves as a organizational development and Section RV.30, Delegation of Authority principal contact and advisor to the training activities; (9) plans, develops, All delegations of authority and re- Department and other parties on matters implements and evaluates the Bureau’s delegations of authority made to pertaining to the planning and organizational and staff development, officials and employees of affected development of HIV/AIDS-related and staff training activities inclusive of organizational components will health delivery systems; (8) reviews guiding action steps addressing annual HIV/AIDS related program activities to Employee Viewpoint Survey results; continue in them or their successors determine their consistency with (10) coordinates the development and pending further redelegation, if allowed, established policies; (9) develops and distribution of all Bureau provided they are consistent with this oversees operating policies and communication activities, materials and reorganization. procedures for the Bureau; (10) oversees products internally and externally; (11) Chapter RAI—Office of Global Health and directs the planning, supports fiscal oversight and technical implementation, and evaluation of assistance to grant recipients; (12) serves Delete the organization for the Office special studies related to HIV/AIDS and as the Bureau’s primary liaison with the of Global Health (RAI) in its entirety and public health within the Bureau; (11) HRSA Office of Federal Assistance replace with the following:

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Section RAI.10 Organization HIV/AIDS Program as part of PEPFAR. DEPARTMENT OF HEALTH AND The Office of Global Health (RAI) is This includes strengthening health HUMAN SERVICES headed by the Director, who reports systems for delivery of prevention, care directly to the Administrator, HRSA. and treatment services for people with National Institutes of Health The Office of Global Health includes the HIV/AIDS in PEPFAR-funded countries following components: and providing management and Office of the Director, National (1) Office of the Director (RAI) and oversight of international programs Institutes of Health; Notice of Closed (2) Division of Global Programs aimed at improving quality and Meeting (RAI1). innovation in health professions education and training. The Division Pursuant to section 10(d) of the Section RAI.20 Function will translate lessons learned from both Federal Advisory Committee Act, as Delete the functional statement for the the domestic and Global HIV/AIDS amended, notice is hereby given of the Office of Global Health (RAI) in its Programs grant recipient community. following meeting. entirety and replace with the following: The Division of Global HIV/AIDS The meeting will be closed to the Office of Global Health (RAI) Program provides leadership in public in accordance with the The Office of Global Health serves as improving care, treatment and support provisions set forth in sections the principal advisor to the services for People with HIV/AIDS 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Administrator on global health issues. outside of the United States and its as amended. The grant applications and Specifically, the Office of Global Health territories. Specifically, the Division: (1) the discussions could disclose (1) provides leadership, coordination, In coordination with the Department of confidential trade secrets or commercial and advancement of global health State’s Office of the Global AIDS property such as patentable material, programs relating to sustainable health Coordinator, plans, develops, and personal information concerning systems for vulnerable and at-risk implements, evaluates, and coordinates individuals associated with the grant populations; (2) provides leadership the activities of the clinical assessment applications, the disclosure of which system strengthening; (2) provides within HRSA for the support of global would constitute a clearly unwarranted guidance and expertise to funded health and coordinates policy invasion of personal privacy. development with the HHS Office of programs; (3) develops funding Global Affairs, other departmental opportunity announcements and Name of Committee: Office of Research agencies, bilateral/multilateral program guidance documents; (4) Infrastructure Programs Special Emphasis organizations, and other international conducts on-site program reviews and Panel; Member Conflict: Scientific and organizations and partners; (3) monitors reviews of pertinent and required Technical Review Board on Biomedical and HRSA’s border health activities and reports, and activities to assess Behavioral Research Facilities (STOD). investments, in partnership with compliance with program policies and Date: July 24, 2020. HRSA’s Office of Regional Operations, country priorities; (5) in conjunction Time: 11:00 a.m. to 3:00 p.m. to promote collaboration and improve with other division, Bureau, and agency Agenda: To review and evaluate grant health care access to those living along entities, assists in the planning and applications. the U.S. borders, such as the U.S.- implementation of priority HIV Place: National Institutes of Health, Mexico border and the U.S. Affiliated activities such as workgroups, meetings, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting). Pacific Islands; (4) provides and evaluation projects; (6) collaborates Contact Person: Kenneth Ryan, Ph.D., management and oversight of with other federal agencies and in- Scientific Review Officer, Center for international programs aimed at country partners in the implementation Scientific Review, National Institutes of improving quality and innovation in of the PEPFAR program, and; (7) Health, 6701 Rockledge Drive, Room 3218, human resources for health, health provides management and oversight of MSC 7717, Bethesda, MD 20892, 301–435– professions recruitment, education, international programs aimed at 0229, [email protected]. retention, and applied research systems; improving quality and innovation in (5) supports and conducts programs health professions education, retention, (Catalogue of Federal Domestic Assistance associated with the international training, faculty development and Program Nos. 93.14, Intramural Research migration and recruitment of health applied research systems. Training Award; 93.22, Clinical Research personnel, foreign, and immigrant Loan Repayment Program for Individuals Section RAI.30, Delegation of Authority health workers; (6) provides support for from Disadvantaged Backgrounds; 93.232, the agency’s international travel and the Loan Repayment Program for Research All delegations of authority and re- Generally; 93.39, Academic Research Department of State’s International delegations of authority made to Enhancement Award; 93.936, NIH Acquired Visitors Leadership Program; and (7) officials and employees of affected Immunodeficiency Syndrome Research Loan provides national leadership, including organizational components will Repayment Program; 93.187, Undergraduate serving as the Deputy Principal continue in them or their successors Scholarship Program for Individuals from representative and providing support to pending further redelegation, if allowed, Disadvantaged Backgrounds, National the HRSA Administrator, implements provided they are consistent with this Institutes of Health, HHS) training, and systems strengthening reorganization. functions of the Global HIV/AIDS Dated: May 28, 2020. This reorganization is effective upon Program as part of the President’s Melanie J. Pantoja, date of signature. Emergency Plan for AIDS Relief Program Analyst, Office of Federal Advisory (PEPFAR). Authority: 44 U.S.C. 3101. Committee Policy. Division of Global Programs (RAI1) Dated: April 2, 2020. [FR Doc. 2020–11911 Filed 6–2–20; 8:45 am] The Division of Global HIV/AIDS Alex M. Azar II, BILLING CODE 4140–01–P Program provides national leadership, Secretary. implements training, and systems [FR Doc. 2020–11769 Filed 6–1–20; 4:15 pm] strengthening functions of the Global BILLING CODE 4165–15–P

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DEPARTMENT OF HEALTH AND Dated: May 29, 2020. Agenda: To review and evaluate grant HUMAN SERVICES Ronald J. Livingston, Jr., applications. Place: National Institutes of Health, Program Analyst, Office of Federal Advisory Rockledge II, 6701 Rockledge Drive, National Institutes of Health Committee Policy. Bethesda, MD 20892 (Virtual Meeting). [FR Doc. 2020–11980 Filed 6–2–20; 8:45 am] Office of the Secretary; Notice of Contact Person: Anita Szajek, Ph.D., BILLING CODE 4140–01–P Scientific Review Officer, Center for Meeting Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4187, Pursuant to section 10(a) of the DEPARTMENT OF HEALTH AND Bethesda, MD 20892, 301–827–6276, Federal Advisory Committee Act, as HUMAN SERVICES [email protected]. amended, notice is hereby given of a Name of Committee: Center for Scientific meeting of the Task Force on Research National Institutes of Health Review Special Emphasis Panel; Small Specific to Pregnant Women and Business: Aging and Development, Auditory, Lactating Women. Center for Scientific Review; Notice of Vision and Low Vision Technologies. Closed Meetings Date: July 1–2, 2020. The meeting will be open to the Time: 9:00 a.m. to 7:00 p.m. public and held as a virtual meeting. Pursuant to section 10(d) of the Agenda: To review and evaluate grant Individuals who plan to view the virtual Federal Advisory Committee Act, as applications. meeting and need special assistance or amended, notice is hereby given of the Place: National Institutes of Health, Rockledge II, 6701 Rockledge Dr., Bethesda, other reasonable accommodations to following meetings. view the meeting, should notify the MD 20892 (Virtual Meeting). The meetings will be closed to the Contact Person: Joseph G. Rudolph, Ph.D., Contact Person listed below in advance public in accordance with the Chief and Scientific Review Officer, Center of the meeting. provisions set forth in sections for Scientific Review, National Institutes of Name of Committee: Task Force on 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Health, 6701 Rockledge Drive, Room 5186, Research Specific to Pregnant Women and as amended. The grant applications and MSC 7844, Bethesda, MD 20892, 301–408– Lactating Women (PRGLAC). the discussions could disclose 9098, [email protected]. Date: June 24, 2020, 3:00 p.m. to 5:00 p.m. confidential trade secrets or commercial Name of Committee: Center for Scientific (EDT). property such as patentable material, Review Special Emphasis Panel; RFA Panel: 4D Nucleome Data Integration, Modeling, Place: Eunice Kennedy Shriver National and personal information concerning Institute of Child Health and Human Visualization, Coordination and individuals associated with the grant Organizational Centers and Hubs. Development/NIH, 31 Center Drive, MSC applications, the disclosure of which Date: July 1–2, 2020. 2425, Building 31, Room 2A03, Bethesda, would constitute a clearly unwarranted Time: 9:30 a.m. to 4:30 p.m. MD 20892 (Virtual Meeting). invasion of personal privacy. Agenda: To review and evaluate grant Agenda: The Task Force is charged with applications. providing advice and guidance to the Name of Committee: Center for Scientific Place: National Institutes of Health, Secretary of HHS regarding Federal activities Review Special Emphasis Panel; Topics in Rockledge II, 6701 Rockledge Drive, related to identifying and addressing gaps in Bacterial Pathogenesis. Bethesda, MD 20892 (Virtual Meeting). knowledge and research regarding safe and Date: June 30, 2020. Contact Person: Joseph Thomas Peterson, effective therapies for pregnant women and Time: 10:00 a.m. to 6:00 p.m. Ph.D., Scientific Review Officer, Center for lactating women, including the development Agenda: To review and evaluate grant Scientific Review, National Institutes of of such therapies and the collaboration on applications. Health, 6701 Rockledge Drive, Room 4118, and coordination of such activities. The Task Place: National Institutes of Health, MSC 7814, Bethesda, MD 20892, 301–408– Rockledge II, 6701 Rockledge Drive, Force will be discussing implementation 9694, [email protected]. Bethesda, MD 20892 (Virtual Meeting). steps to carry out the recommendations made Name of Committee: Center for Scientific Contact Person: Richard G. Kostriken, in the 2018 PRGLAC Report to the Secretary. Review Special Emphasis Panel; Small Ph.D., Scientific Review Officer, Center for Business: Psycho/Neuropathology Lifespan Contact Person: Lisa Kaeser, Executive Scientific Review, National Institutes of Development, STEM Education. Secretary, Office of Legislation and Public Health, 6701 Rockledge Drive, Room 3192, Date: July 1–2, 2020. Policy, Eunice Kennedy Shriver National MSC 7808, Bethesda, MD 20892, 240–519– Time: 10:30 a.m. to 5:30 p.m. Institute of Child Health and Human 7808, [email protected]. Development, 31 Center Drive, MSC 2425, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Building 31, Room 2A03, Bethesda, MD applications. Review Special Emphasis Panel; PAR Panel: 20892, (301) 496–0536, [email protected]. Place: National Institutes of Health, Early and Late Stage Clinical Trials for the Rockledge II, 6701 Rockledge Drive, Registration: Attendees should register Spectrum of Alzheimer’s Disease and Age- prior to the meeting by going to the Bethesda, MD 20892 (Virtual Meeting). related Cognitive Decline. Contact Person: Elia K.Ortenberg, Ph.D., following: https://nih.webex.com/nih/ Date: June 30, 2020. Scientific Review Officer, Center for onstage/ Time: 11:00 a.m. to 5:30 p.m. Scientific Review, National Institutes of g.php?MTID=e7c4f50704d72bbe20584 Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 3108, c279a3ec07b5. Password: NICHD. applications. Bethesda, MD 20892, 301–827–7189, Details and additional information about Place: National Institutes of Health, [email protected]. this meeting, prior meetings, and the Task Rockledge II, 6701 Rockledge Drive, Name of Committee: Center for Scientific Force’s 2018 Report and Recommendations Bethesda, MD 20892 (Virtual Meeting). Review Special Emphasis Panel; Member can be found on the NICHD website for the Contact Person: Unja Hayes, Ph.D., Conflict: Neurogenetics and Neurological Task Force on Research Specific to Pregnant Scientific Review Officer, National Institutes Disorders. Women and Lactating Women: https:// of Health, Center for Scientific Review, 6701 Date: July 1, 2020. www.nichd.nih.gov/about/advisory/PRGLAC. Rockledge Drive, Bethesda, MD 20892, 301– Time: 11:00 a.m. to 2:00 p.m. Any interested person may file written 827–6830, [email protected]. Agenda: To review and evaluate grant comments with the committee by forwarding Name of Committee: Center for Scientific applications. the statement to the Contact Person listed on Review Special Emphasis Panel; PAR19–367: Place: National Institutes of Health, this notice. The statement should include the Maximizing Investigators’ Research Award Rockledge II, 6701 Rockledge Drive, name, address, telephone number and when (R35—Clinical Trial Optional). Bethesda, MD 20892 (Virtual Meeting). applicable, the business or professional Date: July 1–2, 2020. Contact Person: Vilen A. Movsesyan, affiliation of the interested person. Time: 9:00 a.m. to 6:00 p.m. Ph.D., Scientific Review Officer, Center for

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Scientific Review, National Institutes of individuals associated with the grant DEPARTMENT OF HEALTH AND Health, 6701 Rockledge Drive, Room 4040M, applications, the disclosure of which HUMAN SERVICES MSC 7806, Bethesda, MD 20892, 301–402– would constitute a clearly unwarranted 7278, [email protected]. invasion of personal privacy. National Institutes of Health Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Name of Committee: National Institute of National Heart, Lung, and Blood Conflict: Cerebrovascular Disorders, Mental Health Special Emphasis Panel; Fine- Institute; Notice of Closed Meetings Traumatic Brain Injury and Epilepsy. Mapping Genome-Wide Associated Loci to Identify Proximate Causal Mechanisms of Date: July 1, 2020. Pursuant to section 10(d) of the Time: 11:00 a.m. to 5:00 p.m. Serious Mental Illness. Agenda: To review and evaluate grant Date: June 24, 2020. Federal Advisory Committee Act, as applications. Time: 1:00 p.m. to 5:00 p.m. amended, notice is hereby given of the Place: National Institutes of Health, Agenda: To review and evaluate grant following meetings. Rockledge II, 6701 Rockledge Drive, applications. The meetings will be closed to the Bethesda, MD 20892 (Virtual Meeting). Place: National Institutes of Health, public in accordance with the Contact Person: Paula Elyse Schauwecker, Neuroscience Center, 6001 Executive Blvd., provisions set forth in sections Ph.D., Scientific Review Officer, National Rockville, MD 20852 (Telephone Conference Institutes of Health, Center for Scientific 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Call). as amended. The grant applications and Review, 6701 Rockledge Drive, Room 5211, Contact Person: Vinod Charles, Ph.D., Bethesda, MD 20892, 301–760–8207, Scientific Review Officer, Division of the discussions could disclose [email protected]. Extramural Activities, National Institute of confidential trade secrets or commercial Name of Committee: Center for Scientific Mental Health, NIH, Neuroscience Center, property such as patentable material, Review Special Emphasis Panel; PAR19–367: 6001 Executive Blvd., Room 6151, MSC 9606, and personal information concerning Maximizing Investigators’ Research Award Bethesda, MD 20892–9606, 301–443–1606, individuals associated with the grant (R35—Clinical Trial Optional). [email protected]. applications, the disclosure of which Date: July 1, 2020. would constitute a clearly unwarranted Time: 1:00 p.m. to 3:00 p.m. Name of Committee: National Institute of Agenda: To review and evaluate grant Mental Health Special Emphasis Panel; invasion of personal privacy. applications. Genetic Architecture of Mental Disorders in Name of Committee: National Heart, Lung, Place: National Institutes of Health, Ancestrally Diverse Populations. and Blood Institute Special Emphasis Panel; Rockledge II, 6701 Rockledge Drive, Date: June 26, 2020. Career Development Program to Promote Bethesda, MD 20892 (Virtual Meeting). Time: 1:00 p.m. to 5:00 p.m. Diversity in Health Research (K01). Contact Person: C–L Albert Wang, Ph.D., Agenda: To review and evaluate grant Date: July 1, 2020. Scientific Review Officer, Center for applications. Time: 8:30 a.m. to 5:00 p.m. Scientific Review, National Institutes of Place: National Institutes of Health, Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4146, Neuroscience Center, 6001 Executive Blvd., applications. MSC 7806, Bethesda, MD 20892, 301–435– Rockville, MD 20852 (Telephone Conference Place: NIH/NHLBI, 6705 Rockledge Drive, 1016, [email protected]. Call). Bethesda, MD 20814 (Telephone Conference (Catalogue of Federal Domestic Assistance Contact Person: Vinod Charles, Ph.D., Call). Program Nos. 93.306, Comparative Medicine; Scientific Review Officer, Division of Contact Person: Zhihong Shan, Ph.D., MD, 93.333, Clinical Research, 93.306, 93.333, Extramural Activities, National Institute of Scientific Review Officer, Office of Scientific 93.337, 93.393–93.396, 93.837–93.844, Mental Health, NIH, Neuroscience Center, Review/DERA, National Heart, Lung, and 93.846–93.878, 93.892, 93.893, National 6001 Executive Blvd., Room 6151, MSC 9606, Blood Institute, National Institutes of Health, Institutes of Health, HHS) Bethesda, MD 20892–9606, 301–443–1606, 6705 Rockledge Drive, Room 205–J, Dated: May 28, 2020. [email protected]. Bethesda, MD 20892, (301) 827–7985, [email protected]. Melanie J. Pantoja, Name of Committee: National Institute of Name of Committee: National Heart, Lung, Program Analyst, Office of Federal Advisory Mental Health Special Emphasis Panel; and Blood Institute Special Emphasis Panel; Committee Policy. Rapid-Acting Interventions for Severe Suicide Risk (R01). NHLBI Catalyze Review for Small Molecules [FR Doc. 2020–11910 Filed 6–2–20; 8:45 am] Date: June 30, 2020. and Biologics. BILLING CODE 4140–01–P Time: 12:00 p.m. to 5:00 p.m. Date: July 14, 2020. Agenda: To review and evaluate grant Time: 11:00 a.m. to 4:00 p.m. applications. Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND Place: National Institutes of Health, applications. HUMAN SERVICES Neuroscience Center, 6001 Executive Blvd., Place: NIH/NHLBI, 6705 Rockledge Drive, Rockville, MD 20852 (Telephone Conference Bethesda, MD 20814 (Telephone Conference National Institutes of Health Call). Call). Contact Person: David W. Miller, Ph.D., Contact Person: Melissa E. Nagelin, Ph.D., National Institute of Mental Health; Scientific Review Officer, Division of Scientific Review Officer, Office of Scientific Review/DERA, National Heart, Lung, and Notice of Closed Meetings Extramural Activities, National Institute of Blood Institute, National Institutes of Health, Mental Health, NIH, Neuroscience Center, Pursuant to section 10(d) of the 6705 Rockledge Drive, Room 208–R, 6001 Executive Blvd., Room 6140, MSC 9608, Bethesda, MD 20892, (301) 827–7951, Federal Advisory Committee Act, as Bethesda, MD 20892–9608, 301–443–9734, [email protected]. amended, notice is hereby given of the [email protected]. Name of Committee: National Heart, Lung, following meetings. (Catalogue of Federal Domestic Assistance The meetings will be closed to the and Blood Institute Special Emphasis Panel; Program No. 93.242, Mental Health Research PPG Special Emphasis Panel. public in accordance with the Grants, National Institutes of Health, HHS) provisions set forth in sections Date: July 16, 2020. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Dated: May 28, 2020. Time: 1:00 p.m. to 5:00 p.m. Melanie J. Pantoja, Agenda: To review and evaluate grant as amended. The grant applications and applications. the discussions could disclose Program Analyst, Office of Federal Advisory Place: National Institute of Health (NIH), confidential trade secrets or commercial Committee Policy. Rockledge 1, 6705 Rockledge Drive, property such as patentable material, [FR Doc. 2020–11913 Filed 6–2–20; 8:45 am] Bethesda, MD 22192 (Telephone Conference and personal information concerning BILLING CODE 4140–01–P Call).

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Contact Person: Stephanie J. Webb, Ph.D., (Catalogue of Federal Domestic Fish and Wildlife Service that we have Scientific Review Officer, Office of Scientific Assistance Program Nos. 93.233, received your email message, contact us Review/DERA, National Heart, Lung, and National Center for Sleep Disorders directly at the telephone number listed Blood Institute, National Institutes of Health, FOR FURTHER INFORMATION CONTACT 6705 Rockledge Drive, Room 208–V, Research; 93.837, Heart and Vascular in . Diseases Research; 93.838, Lung Bethesda, MD 20892, (301) 827–7992, FOR FURTHER INFORMATION CONTACT: [email protected]. Diseases Research; 93.839, Blood Karen Marlowe, Permit Coordinator, Name of Committee: National Heart, Lung, Diseases and Resources Research, 404–679–7097 (telephone), karen_ and Blood Institute Special Emphasis Panel; National Institutes of Health, HHS) [email protected] (email), or 404–679– NHLBI Mentored Career Development Dated: May 29, 2020. 7081 (fax). Individuals who are hearing Awards—K23, K24, K99. Date: July 16, 2020. Ronald J. Livingston, Jr., or speech impaired may call the Federal Time: 1:00 p.m. to 3:00 p.m. Program Analyst, Office of Federal Advisory Relay Service at 1–800–877–8339 for Agenda: To review and evaluate grant Committee Policy. TTY assistance. applications. [FR Doc. 2020–11982 Filed 6–2–20; 8:45 am] SUPPLEMENTARY INFORMATION: We invite Place: National Institutes of Health, RKLI, BILLING CODE 4140–01–P 6705 Rockledge Drive, Bethesda, MD 20892 review and comment from local, State, (Telephone Conference Call). and Federal agencies and the public on Contact Person: Lindsay M. Garvin, Ph.D., applications we have received for Scientific Review Officer, Office of Scientific DEPARTMENT OF THE INTERIOR permits to conduct certain activities Review/DERA, National Heart, Lung, and with endangered and threatened species Blood Institute, National Institutes of Health, Fish and Wildlife Service under section 10(a)(1)(A) of the 6705 Rockledge Drive, Suite 208–Y, [FWS–R4–ES–2020–N066; Endangered Species Act of 1973, as Bethesda, MD 20892, (301) 827–7911, FXES11140400000–201–FF04E00000] [email protected]. amended (ESA; 16 U.S.C. 1531 et seq.), and our regulations in the Code of Name of Committee: National Heart, Lung, Endangered Species; Recovery Permit Federal Regulations (CFR) at 50 CFR and Blood Institute Special Emphasis Panel; Applications NHLBI Diversity Education Program. part 17. With some exceptions, the ESA Date: July 20, 2020. AGENCY: Fish and Wildlife Service, prohibits activities that constitute take Time: 12:00 p.m. to 4:00 p.m. Interior. of listed species unless a Federal permit Agenda: To review and evaluate grant is issued that allows such activities. The applications. ACTION: Notice of receipt of permit applications; request for comments. ESA’s definition of ‘‘take’’ includes Place: National Institutes of Health, hunting, shooting, harming, wounding, Rockledge I, 6705 Rockledge Drive, Bethesda, or killing, and also such activities as MD 20892 (Telephone Conference Call). SUMMARY: We, the U.S. Fish and Contact Person: Shelley S. Sehnert, Ph.D., Wildlife Service, have received pursuing, harassing, trapping, capturing, Scientific Review Officer, Office of Scientific applications for permits to conduct or collecting. Review/DERA, National Heart, Lung, and activities intended to enhance the A recovery permit issued by us under Blood Institute, National Institutes of Health, propagation or survival of endangered section 10(a)(1)(A) of the ESA 6705 Rockledge Drive, Suite 208–T, species under the Endangered Species authorizes the permittee to conduct Bethesda, MD 20892–7924, (301) 827–7984, Act of 1973, as amended. We invite the activities with endangered or threatened [email protected]. public and local, State, Tribal, and species for scientific purposes that Name of Committee: National Heart, Lung, Federal agencies to comment on these promote recovery or for enhancement of and Blood Institute Special Emphasis Panel; applications. Before issuing any of the Short Term Institutional Training Awards. propagation or survival of the species. Date: July 23, 2020. requested permits, we will take into These activities often include such Time: 12:00 p.m. to 3:30 p.m. consideration any information that we prohibited actions as capture and Agenda: To review and evaluate grant receive during the public comment collection. Our regulations applications. period. implementing section 10(a)(1)(A) for Place: National Institutes of Health, DATES: We must receive written data or these permits are found at 50 CFR 17.22 Rockledge I, 6705 Rockledge Drive, Bethesda, comments on the applications by July 6, for endangered wildlife species, 50 CFR MD 20872 (Telephone Conference Call). 17.32 for threatened wildlife species, 50 Contact Person: Tony L. Creazzo, Ph.D., 2020. Scientific Review Officer, Office of Scientific ADDRESSES: Reviewing Documents: CFR 17.62 for endangered plant species, Review/DERA, National Heart, Lung, and Documents and other information and 50 CFR 17.72 for threatened plant Blood Institute, National Institutes of Health, submitted with the applications are species. 6705 Rockledge Drive, Room 207–Q, available for review, subject to the Permit Applications Available for Bethesda, MD 20892–7924, (301) 827–7913, requirements of the Privacy Act and [email protected]. Review and Comment Freedom of Information Act. Submit a Name of Committee: National Heart, Lung, request for a copy of such documents to Proposed activities in the following and Blood Institute Special Emphasis Panel; permit requests are for the recovery and R35 Outstanding Investigator Award. Karen Marlowe (see FOR FURTHER Date: July 28–29, 2020. INFORMATION CONTACT). enhancement of propagation or survival Time: 10:00 a.m. to 5:00 p.m. Submitting Comments: If you wish to of the species in the wild. The ESA Agenda: To review and evaluate grant comment, you may submit comments by requires that we invite public comment applications. one of the following methods: before issuing these permits. Place: NIH/NHLBI, 6705 Rockledge Drive, • U.S. mail: U.S. Fish and Wildlife Accordingly, we invite local, State, Bethesda, MD 20814 (Telephone Conference Service Regional Office, Ecological Tribal, and Federal agencies and the Call). Services, 1875 Century Boulevard, public to submit written data, views, or Contact Person: Kristen Page, Ph.D., Atlanta, GA 30345 (Attn: Karen arguments with respect to these Scientific Review Officer, Office of Scientific Marlowe, Permit Coordinator). applications. The comments and Review/DERA, National Heart, Lung, and • Blood Institute, National Institutes of Health, Email: [email protected]. recommendations that will be most 6705 Rockledge Drive, Room 209–B, Please include your name and return useful and likely to influence agency Bethesda, MD 20892, (301) 827–7953, address in your email message. If you do decisions are those supported by [email protected]. not receive a confirmation from the U.S. quantitative information or studies.

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Before including your address, phone your entire comment—including your to withhold your personal identifying number, email address, or other personal identifying information—may information from public review, we personal identifying information in your be made publicly available at any time. cannot guarantee that we will be able to comment, you should be aware that While you can ask us in your comment do so.

VerDate Sep<11>2014 18:35 Jun 02, 2020 Jkt 250001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\03JNN1.SGM 03JNN1 lotter on DSK9F5VC42PROD with NOTICES Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Notices 34217 amendment. Renewal. Renewal and New. New. Type of take Permit action and summer roost caves, capture with mist nets or harp traps, handle, iden- tify, band, radio-tag, collect hair samples, light-tag, wing-punch; Fish: Capture with hand nets and seines, handle, iden- tify, and release; Mussels: Remove from the substrate for identification, data collection, and return. ficially propagate, and release. maternity roost caves, mist-net, cap- ture, handle, band, radio-tag, and collect hair samples. tify, mark, tag, collect tissue samples, and release. Capture, transport, arti- Enter hibernacula and Capture, handle, iden- Activity lease. population monitoring. population monitoring, ge- netic sampling, collection for propagation and translocation. Presence/absence surveys Bats: Enter hibernacula Presence/absence surveys, Presence/ absence surveys, Location Connecticut, Delaware, District of Columbia, Flor- ida, Georgia, Illinois, Indi- ana, Iowa, Kansas, Ken- tucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mis- sissippi, Missouri, Mon- tana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Okla- homa, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Vir- ginia, West Virginia, Wis- consin, and Wyoming; Fish and Mussels: Ken- tucky. South Carolina. land, New Jersey, North Carolina, Pennsylvania, South Carolina, Ten- nessee, Virginia, and West Virginia. Bats: Alabama, Arkansas, Arkansas ...... Captive propagation and re- Alabama, Georgia, and Delaware, Kentucky, Mary- Villosa Epioblasma othcaloogensis ), green Species ( Myotis septentrionalis ), and Virginia big-eared bats Corynorhinus townsendii virginianus ); FISH: Blackside dace ( Phoxinus cumberlandensis) and Kentucky arrow darter Etheostoma spilotum ); MUSSELS: Clubshell ( Pleurobema clava ), Cumberland bean Villosa trabilis Cumberland elktoe ( Alasmidonta atropurpurea ), Cumberlandian combshell Epioblasma brevidens ), fanshell ( Cyprogenia stegaria fat pocketbook Potamilus capax littlewing pearlymussel ( Pegias fabula ), northern riffleshell Epioblasma torulosa rangiana orangefoot pimpleback ( Plethobasus cooperianus ), oyster mussel Epioblasma capsaeformis pink mucket ( Lampsilis abrupta ), purple cat’s paw Epioblasma obliquata ring pink ( Obovaria retusa ), and rough pigtoe Pleurobema plenum ). veteranus ), and Nashville crayfish ( Orconectes shoupi ); FISH: Laurel dace Chrosomus saylori ), blue shiner ( Cyprinella caerulea bluemask darter Etheostoma akatulo relict dart- er ( Etheostoma chienense ), candy darter osburni duskytail percnurum ), Maryland darter ( Etheostoma sellare Kentucky arrow spilotum ), Cumberland darter ( Etheostoma susansae trispot trisella boulder darter ( Etheostoma wapiti ), Barrens topminnow Fundulus julisia palezone shiner ( Notropis albizonatus ), Cape Fear shiner mekistocholas smoky madtom Noturus baileyi ) chucky madtom ( Noturus crypticus ), pygmy stanauli amber darter ( Percina antesella ), goldline darter aurolineata Conasauga logperch jenkinsi ), Roanoke logperch ( Percina rex snail darter tanasi and blackside dace ( Phoxinus cumberlandensis ); MUSSELS: Cumberland elktoe Alasmidonta atropurpurea ), dwarf wedgemussel ( Alasmidonta heterodon ), Appalachian elktoe raveneliana spectaclecase ( Cumberlandia monodonta ), fanshell Cyprogenia stegaria dromedary pearlymussel ( Dromus dromas ), yellow lance Elliptio lanceolata Tar River spinymussel ( Elliptio steinstansana ), Cumberlandian combshell Epioblasma brevidens oyster mussel ( Epioblasma capsaeformis ), yellow blossom florentina tan riffleshell ( Epioblasma florentina walkeri ), upland combshell metastriata purple cat’s paw ( Epioblasma obliquata ), southern acornshell blossom ( Epioblasma torulosa gubernaculum ), northern riffleshell rangiana ), tubercled blossom ( Epioblasma torulosa snuffbox mussel triquetra ), turgid blossom ( Epioblasma turgidula shiny pigtoe Fusconaia cor finerayed pigtoe ( Fusconaia cuneolus ), Atlantic masoni cracking pearlymussel ( Hemistena lata ), pink mucket Lampsilis abrupta finelined pocketbook altilis Alabama lampmussel ( Lampsilis virescens ), Carolina heelsplitter Lasmigona decorata birdwing pearlymussel ( Lemiox rimosus ), scaleshell mussel Leptodea leptodon Alabama moccasinshell ( Medionidus acutissimus ), Coosa parvulus ring pink ( Obovaria retusa ), littlewing pearlymussel Pegias fabula white wartyback Plethobasus cicatricosus ), orangefoot pimpleback ( Plethobasus cooperianus sheepnose cyphyus ), clubshell ( Pleurobema clava James spinymussel collina southern clubshell ( Pleurobema decisum ), southern pigtoe georgianum Cumberland pigtoe ( Pleurobema gibberum ), Georgia hanleyianum ovate clubshell ( Pleurobema perovatum ), rough pigtoe plenum slabside pearlymussel ( Pleuronaia dolabelloides ), fat pocketbook Potamilus capax triangular kidneyshell ( Ptychobranchus greenii ), fluted kidneyshell subtentum rabbitsfoot ( Quadrula cylindrica ), rough rabbitsfoot strigillata winged mapleleaf ( Quadrula fragosa ), Cumberland monkeyface intermedia Appalachian monkeyface ( Quadrula sparsa ), pale lilliput Toxolasma cylindrellus rayed bean rock pocketbook ( Arkansia wheeleri ), snuffbox mussel Epioblasma triquetra Arkansas fatmucket ( Lampsilis powellii ), speckled pocketbook streckeri Neosho mucket ( Lampsilis rafinesqueana ), rabbitsfoot Quadrula cylindrica and winged mapleleaf ( Quadrula fragosa ). ( Myotis sodalis ). fabalis ), purple bean ( Villosa perpurpurea and Cumberland trabalis ); SNAILS: Anthony’s riversnail ( Athearnia anthonyi ). BATS: Indiana bats ( Myotis sodalis ), gray grisescens northern long-eared CRAYFISH: Big Sandy crayfish ( Cambarus callainus ), Guyandotte River AMPHIBIANS: Ozark hellbender ( Cryptobranchus alleganiensis bishopi ); MUSSELS: Ouachita Gray bat ( Myotis grisescens ), northern long-eared septentrionalis and Indiana ington, KY. Hill, NC. Fish Commission, Benton, AR. versity of West Geor- gia, Carrolton, GA. Permit application No. Applicant TE 41955C–1 ...... Anthony Miller, Lex- TE 67197D–0 ...... Tyler Black, Chapel TE 66039A–1 ...... Arkansas Game and TE 68453D–0 ...... Andrew Edelman, Uni-

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VerDate Sep<11>2014 18:35 Jun 02, 2020 Jkt 250001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\03JNN1.SGM 03JNN1 lotter on DSK9F5VC42PROD with NOTICES Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Notices 34219 Renewal. New. Renewal. Renewal. New. New. nest cavities, con- struct and monitor ar- tificial nest cavities and restrictors, translocate. tify, measure, age by examining shell growth rings, sex, photograph, PIT-tag or plastic shell tag, mark, and release. ture with mist-nets and harp traps, han- dle, band, and radio- tag. port, propagate, and release. sporophylls, and whole plants. tag, PIT-tag, release, and insert data loggers into nests. Capture, band, monitor Enter hibernacula, cap- Capture, handle, trans- Collect leaves, Capture, ear-tag, radio- ent and monitoring. and habitat use studies. lease. study. nest monitoring, and pop- ulation monitoring. Presence/absence surveys Capture, handle, iden- Presence/absence surveys Demographic and life history Presence/absence surveys, Tennessee, and Wis- consin. necticut, Delaware, Dis- trict of Columbia, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Lou- isiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Ne- braska, New Hampshire, New Jersey, York, North Carolina, Da- kota, Ohio, Oklahoma, Pennsylvania, Rhode Is- land, South Carolina, South Dakota, Ten- nessee, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming. lands and Desoto Na- tional Forest lands within Camp Shelby, Mississippi DeSoto National Forest. Wildlife Refuge and Dagny Johnson Botanical State Park, Key Largo, Monroe County, Florida. Illinois, Iowa, Minnesota, Kentucky ...... Captive propagation and re- Crocodile Lake National (Pegias fabula ), white wartyback mussel ( Plethobasus cicatricosus birdwing pearlymussel ( Conradilla caelata ), spectaclecase Cumberlandia monodonta fanshell ( Cyprogenia stegaria ), dromedary pearlymussel Dromus dromus Cumberlandian combshell ( Epioblasma brevidens ), oyster mussel capsaeformis yellow-blos- som pearlymussel ( Epioblasma florentina ), green-blossom torulosa gubernaculum ), tuberculed-blossom pearlymussel ( Epioblasma snuffbox ( Epioblasma triquetra ), turgid-blossom pearlymussel turgidula tan riffleshell ( Epioblasma walkeri), fine-rayed pigtoe Fusconaia cuneolus ), shiny ( Fusconia cor ), cracking pearlymussel Hemistena lata pink mucket ( Lampsilis abrupta ), Higgins eye higginsii Alabama lampmussel virescens ), scaleshell ( Leptodea leptodon slabside pearlymussel Lexingtonia dolabelloides ), little-wing pearlymussel (Pegias fabula sheepnose ( Plethobasus cyphyus clubshell ( Pleurobema clava ), rough pigtoe plenum fat pocketbook Potamilus capax ), fluted kidneyshell ( Ptychobranchus subtentum rough rabbitsfoot Quadrula cylindrica strigillata ), winged mapleleaf (Quadrula fragosa Cumberland monkeyface ( Quadrula intermedia ), Appalachian monkeyface sparsa pale lilliput Toxolasma cylindrellus ), purple bean ( Villosa perpurpurea and Cumberland pearlymussel trabalis ). pearlymussel ( Dromus dromus ), Cumberlandian combshell Epioblasma brevidens oyster mussel ( Epioblasma capsaeformis ), yellow-blossom pearlymussel florentina purple cat’s paw ( Epioblasma obliquata ), white sulcate perobliqua ), green-blossom pearlymussel ( Epioblasma torulosa gubernaculum tan blossom pearlymussel ( Epioblasma torulosa rangiana ), tuberculed-blossom torulosa ), turgid-blossom pearlymussel ( Epioblasma turgidula tan riffleshell ( Epioblasma walkeri), crackling pearlymussel Hemistena lata ), pink mucket ( Lampsilis abrupta ), Higgins eye higginsii Alabama lampmussel virescens ), scaleshell ( Leptodea leptodon ring pink mussel Obovaria retusa little-wing pearlymussel gossypinus allapaticola ). sheepnose ( Plethobasus cyphyus ), clubshell Pleurobema clava orange footed pimpleback ( Plethobasus cooperianus ), rough pigtoe Pleurobema plenum fat pocketbook Potamilus capax ), rough rabbitsfoot ( Quadrula cylindrica strigillata winged mapleleaf (Quadrula fragosa ), Appalachian monkeyface ( Quadrula sparsa and Cumberland bean pearlymussel ( Villosa trabalis ). Cumberland elktoe ( Alasmidonta atropurpurea ), Appalachian raveneliana Northern long-eared bat ( Myotis septentrionalis ) and Indiana sodalis ...... Alabama, Arkansas, Con- Cumberland elktoe ( Alasmidonta atropurpurea ), fanshell Cyprogenia stegaria dromedary Red-cockaded woodpecker ( Picoides borealis ) ...... Florida and Georgia ...... Population managem Louisiana quillwort ( Isoetes louisianensis ) ...... Department of Defense Key Largo woodrat ( Neotoma floridana smalli ) and cotton mouse Peromyscus LLC, Rochester, MN. lion, NE. of Fish and Wildlife Resources, Frankfort, KY. bers Research Sta- tion, Tallahassee, FL. vancy, Camp Shelby, MS. NC. TE 59798B–2 ...... Daguna Consulting, TE 71050D–0 ...... Brett Andersen, Papil- TE 178815–1 ...... Kentucky Department TE 142806–2 ...... James Cox, Tall Tim- TE 71653D–0 ...... The Nature Conser- TE 72782D–0 ...... Michael Cove, Zebulon,

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Authority 2719(a) on gaming on lands acquired in of 250.00 (250.04 meas.) feet to the We publish this notice under section trust after October 17, 1988. intersection with Athens Court cul-de- 10(c) of the Endangered Species Act of The Assistant Secretary—Indian sac right-of-way; thence following said 1973, as amended (16 U.S.C. 1531 et Affairs, on behalf of the Secretary of the right-of-way along a non-tangent curve seq.). Interior, will immediately acquire title to the right having a radius of 65.00 feet to the Park City Parcel, in the name of and a central angle of 294°49′42″, an arc John Tirpak, the United States of America in Trust distance of 334.49 (334.47 meas.) feet Deputy Assistant Regional Director, for the Wyandotte Nation, upon (chord = S 89°47′52″ W, 70.00 feet) to Ecological Services. fulfillment of Departmental an existing pin on the North line of said [FR Doc. 2020–11994 Filed 6–2–20; 8:45 am] requirements. The 10.24 acres, more or Lot 6; thence N 89°52′05″ W along the BILLING CODE 4333–15–P less, are described as follows: North line of Lot 6, a distance of 180.00 feet to an existing pin; thence S Legal Description of Property 00°11′46″ E, 917.75 (917.69 meas.) feet DEPARTMENT OF THE INTERIOR Deed Description to an existing pin on the South line of said Lot 6; thence S 89°54′46″ E along Bureau of Indian Affairs A tract of land in Coliseum Center, an Addition to Park City, Sedgwick said South line, 500.00 (499.92 meas.) County, Kansas described as follows: feet; to the Point Of Beginning. [201D0102DR/DS5A300000/ Survey performed Allgeier, Martin DR.5A311.IA000118] Beginning at a point on the South line and 50 feet West of the Southeast corner and Associates under direct supervision Land Acquisitions; Wyandotte Nation of Lot 3, Block 1, in said Coliseum of Monnie Sears, LS–1284, Licensed Center Addition; thence along the South Kansas Land Surveyor, dated August 5, AGENCY: Bureau of Indian Affairs, line of said Lot 3 bearing North 2015. Interior. Containing 10.24 acres, (446,052 89°39′26″ West, a distance of 250.00 feet Square Feet) more or less. ACTION: Notice. to the Southwest corner of said Lot 3; Basis of Bearings: Geodetic (True) thence bearing North 90°00′00″ West SUMMARY: The Assistant Secretary— North. across Athens Court, a distance of 70.00 Indian Affairs made a final agency Less and except title to all the coal, feet to the Southeast corner of Lot 1 in determination to acquire 10.24 acres, lignite, oil, gas and other minerals in, said Block 1; thence along the South more or less, of land in trust for the under and that may be produced from line of said Lot 1 bearing North Wyandotte Nation, for gaming and other the land, together with all rights, 89°40′18″ West, a distance of 180.00 purposes on May 20, 2020. ° ′ ″ privileges and immunities relating feet; thence bearing South 0 00 00 East, thereto. FOR FURTHER INFORMATION CONTACT: Ms. a distance of 917.75 feet to a point in the Paula L. Hart, Director, Office of Indian South line of Lot 6 in said Block 1; Tara Sweeney, Gaming, Bureau of Indian Affairs, MS– thence along said South line bearing Assistant Secretary—Indian Affairs. 3657 MIB, 1849 C Street NW, South 89°42′56″ East, a distance of [FR Doc. 2020–11976 Filed 6–2–20; 8:45 am] Washington, DC 202240, telephone 500.00 feet; thence bearing North BILLING CODE 4337–15–P (202) 219–4066. 0°00′00″ East, a distance of 917.70 feet SUPPLEMENTARY INFORMATION: This to the point of beginning EXCEPT that notice is published in the exercise of portion of Athens Court (cul-desac) DEPARTMENT OF THE INTERIOR authority delegated by the Secretary of within the above described tract of land. the Interior to the Assistant Secretary— Bureau of Indian Affairs Surveyed Description Indian Affairs by 209 Departmental [201D0102DR/DS5A300000/ Manual 8.1, and is published to comply A tract of land in government Lots 1 DR.5A311.IA000118] with the requirements of 25 CFR and 2 of the NE-1⁄4 of Section 4, 151.12(c)(2)(ii) that notice of the Township 26 South, Range 1 East of the Tribal Energy Development Capacity decision to acquire land in trust be Sixth Principal Base and Meridian and (TEDC) Grant; Solicitation of Proposals promptly provided in the Federal being a part of Lot 6, Block 1 of Register. Coliseum Center Addition in Park City, AGENCY: Bureau of Indian Affairs, On May 20, 2020 the Assistant Sedgwick County, Kansas, being more Interior. Secretary—Indian Affairs made a final fully described as follows: ACTION: Notice. agency determination to accept Commencing at the Northeast comer SUMMARY: The Secretary of the Interior approximately approximately 10.24 of said Section 4; thence S 00°12′40″ E (Secretary), through the Division of acres of land in Park City, Sedgwick along the East line thereof, 1319.11 feet Energy and Mineral Development County, Kansas (Park City Parcel), into to the Northeast corner of the S-1⁄2 of the (DEMD), Office of Indian Energy and trust for the Wyandotte Nation, NE-1⁄4 of said Section 4 from which an Economic Development (IEED), is pursuant to Section 105(b)(1) of Public iron pin bears N 89°54′04″W, 60.00 feet; soliciting grant proposals from federally Law 98–602, An Act To Provide For The thence N 89°54′04″ W along the North recognized Indian Tribes to build Tribal Use And Distribution Of Certain Funds line of said S-1⁄2 of the NE-1⁄4, a distance capacity for energy resource regulation Awarded The Wyandotte Tribe Of of 1015.07 feet to a found pin with cap and management under the Tribal Oklahoma . . ., Public Law 98–602, 98 on the South line of said Lot 6, Block Energy Development Capacity (TEDC) Stat. 3151 (1984). The Assistant 1, the Point Of Beginning; thence N grant program. Secretary—Indian Affairs also 00°11′12″ W, 917. 70 feet to an existing determined that the Tribe’s request also iron pin on the North line of said Lot DATES: Applications will be accepted meets the requirements of the Indian 6, Block 1, from which the Southeast until 11:59 p.m. EST on September 1, Gaming Regulatory Act’s ‘‘settlement of corner of Lot 3, Block l of Coliseum 2020. a land claim’’ exception, 25 U.S.C. Center Addition bears S 89°51′52″E, ADDRESSES: Email applications to 2719(b)(1)(A)(i), to the general 50.00 feet; thence N 89°51′52″ W along [email protected] in accordance with prohibition contained in 25 U.S.C. the north line of said Lot 6, a distance the directions at Step 4 of this notice.

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FOR FURTHER INFORMATION CONTACT: Mr. • Establishing Tribal business VI. Applicant Procurement Procedures Payton Batliner, Economic Development charters under Federal law; corporations The applicant is subject to the Specialist, Division of Energy and formed under Federal, State or Tribal procurement standards in 2 CFR Mineral Development, 13922 Denver incorporation codes; and Tribal utility 200.318 through 200.326. In accordance West Pkwy., Suite 200, Lakewood, CO authorities under Federal, State or with 2 CFR 200.318, an applicant must 80401; telephone: (720) 999–1414; Tribal codes; use its own documented procurement email: [email protected]. • Development or enhancement of procedures which reflect Tribal laws SUPPLEMENTARY INFORMATION: Tribal policies; enactment of Tribal and regulations, provided that the I. General Information regulations for leasing of surface land procurements conform to applicable II. Number of Projects Funded for energy development pursuant to the Federal law and standards identified in III. Background IV. Eligibility for Funding HEARTH Act; establishment of legal Part 2 of the Code of Federal V. Who May Perform Feasibility Studies infrastructure for business formation; Regulations. enactment of ordinances to regulate or Funded by TEDC Grants VII. Limitations VI. Applicant Procurement Procedures develop energy resources; and adoption VII. Limitations of a secured transactions code or a TEDC grant funding must be VIII. TEDC Application Guidance memorandum of understanding, expended in accordance with applicable IX. Review and Selection Process compact, or letter of intent with the statutory and regulatory requirements, X. Evaluation Criteria State to register liens attached pursuant including 2 CFR part 200. As part of the XI. Transfer of Funds to such a code. grant application review process, DEMD XII. Reporting Requirements for Award may conduct a review of an applicant’s Recipients The funding periods and amounts XIII. Conflicts of Interest referenced in this solicitation are subject prior DEMD grant award(s). XIV. Questions and Requests for IEED to the availability of funds at the time Applicants that are currently under Assistance of award, as well as the Department of BIA sanction Level 2 or higher resulting XV. Separate Document(s) the Interior (DOI) and Indian Affairs from non-compliance with the Single XVI. Paperwork Reduction Act priorities at the time of the award. Audit Act are ineligible for a TEDC XVII. Authority Neither DOI nor Indian Affairs will be award. Applicants at Sanction Level 1 I. General Information held responsible for proposal or will be considered for funding. application preparation costs. DEMD will not usually consider Award Ceiling: 1,000,000. funding new TEDC proposals where the Award Floor: 10,000. Publication of this solicitation does not obligate DOI or Indian Affairs to award applicant has open TEDC projects, CFDA Number: 15.148. granted under any previous funding Cost Sharing or Matching any specific grant or to obligate all or any part of available funds. Future cycle. The DEMD does, however, Requirement: No. understand that delays beyond the Number of Awards: 15. funding is subject to the availability of Category: Energy and Minerals. appropriations and cannot be control of the applicant sometimes guaranteed. DOI or Indian Affairs may occur. The DEMD will consider any II. Number of Projects Funded cancel or withdraw this solicitation at explanation provided in conjunction DEMD anticipates award of any time. with the new TEDC grant proposal. The approximately fifteen (15) grants under explanation should describe the reasons this announcement ranging in value IV. Eligibility for Funding why the previous project is delayed and from approximately $10,000 to successfully justify or demonstrate that Only Indian Tribes, as defined at 25 $1,000,000. The program can fund the delay is at no fault of the applicant. U.S.C. 5304(e), are eligible to receive projects only one year at a time. DEMD DEMD will accept multi-project TEDC grants. Under that statutory will use a competitive evaluation proposals. Multi-project proposals must definition, eligible entities include any process based on criteria described in be submitted as one application. Multi- Indian Tribe, band, nation, or other section X of this notice. project proposals may contain proposals organized group or community, to develop and enhance both business III. Background including any Alaska Native village or and regulatory infrastructure. DEMD administers the TEDC grant regional or village corporation as Applicants may also submit multi- program. This solicitation seeks defined in or established pursuant to the project proposals in just one area, such proposals for increasing the technical Alaska Native Claims Settlement Act, 43 as two separate purposes, with each capacity of federally recognized Tribes U.S.C. 1601 et seq., which is recognized proposing to develop or enhance the to manage and regulate their energy as eligible for the special programs and regulatory structure for two separate resources. The energy project(s) for services provided by the United States purposes. For instance, an applicant which the applicant seeks to build to Indians because of their status as may submit a proposal for funding to Tribal capacity can be existing or Indians. Indian Tribes are referred to form a Tribal utility authority and a planned, Tribally owned or privately using the term ‘‘Tribe’’ throughout this separate and distinct proposal to owned. notice. develop a Tribal secured transactions Capacity developing activities V. Who May Perform Studies Funded code. include, but are not limited to: by TEDC Grants Each project in the application • Establishment of organizational requires its own stand-alone proposal, structure(s) and/or business entity The applicant determines who will budget, and designated Tribal project structure(s) capable of engaging in conduct its study. An applicant has lead. Multi-project proposals require commercial energy development or several choices, including but not that the applicant submit a Tribal management activities, including limited to: resolution that identifies and describes leasing property, meeting lending • Universities and colleges; each project being proposed authorizing the Tribe to submit the proposal for a requirements, entering into standard • business contracts, and forming joint Private consulting firms; or TEDC grant. Each proposal in the venture partnerships; • Non-academic, non-profit entities. application will be evaluated based on

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its own merits as a stand-alone project. Assistance SF–424 and the Project Step 2. Prepare the Project Narrative, The DEMD will evaluate each Narrative Attachment Form. These Budget, Critical Information Documents, individual project proposal using the forms can be found at www.grants.gov. and Obtain a Tribal Resolution same standards as those evaluated as a A complete proposal must contain the Project Narrative (Mandatory single-project proposal. five mandatory components as Component 2) The purpose of TEDC grants is to described below. increase Tribal technical capacity to The Project Narrative must not exceed Step 1. Complete the Application for manage and regulate energy resources 20 pages. At a minimum, it should Federal Assistance SF–424 only. TEDC awards may not be used for: include: • Establishing or operating a Tribal Instructions to Download the a. An Executive Summary that is an office; Application for Federal Assistance SF– • overview and technical summary of the Indirect costs or administrative 424 project, no longer than one page, that costs as defined by the Federal has a description of the elements of the Acquisition Regulation (FAR); 1. Go to www.grants.gov. • proposed project, reasons for the Training; 2. Select the ‘‘forms’’ tab. This will project, description of the objectives and • Purchase of equipment that is used open a page with a table titled ‘‘SF–424 anticipated outcomes that will result if to develop the feasibility studies, such FAMILY FORMS.’’ the project were to be funded, total as computers, vehicles, field gear, etc. funding amount requested, and a (however, leasing of this type of 3. Under the column ‘‘Agency designated Tribal project lead equipment for the purpose of Owner,’’ third row down, is listed, authorized to make decisions on the developing feasibility studies is Grants.gov—Application for Federal day-to-day grant activities. allowed); Assistance SF–424. • Purchase of software; 4. Click on the blue PDF letters to b. The Project Objective, Technical • Purchase of resource assessment download the three-page document. Description, and Scope of Work. data; Describe the Tribe’s current business • Legal fees; Application for Federal Assistance SF– and/or regulatory capacity for energy • Application fees associated with 424 (Mandatory Component 1) development, including regulations and other measures already in place and the permitting; Within the Application for Federal • Training; extent to which they are being Assistance SF–424, please complete the • Contract negotiation fees; implemented. If the proposal is related following sections: • Academic research projects; to establishing organizational business • • Strategic energy plan formulation; Item 8a. Applicant Information— entity structures, describe the extent to • Weatherization activities; Legal Name. • which the Tribe is capable of engaging Research and development of • Item 8b. in development or management speculative or unproven technologies; • activities, and to what extent the • Payment of fees or procurement of Item 8c. • proposed project will increase the any services associated with energy Item 8d. Address. Tribe’s capacity to manage and/or assessment or exploration or • Item 8f. Name and contact regulate its energy resources. Describe development activity; information of person to be contacted on which business and/or regulatory • Payment of Tribal salaries for matters involving this application. capacities need enhancement, such as: employees not directly involved in • Tribal code development, regulation or conducting project specific activities Item 9. Select I: Indian/Native ordinance development, commercial and payment of salaries beyond the one- American Tribal Government (Federally code development, financial and year project; Recognized). revenue management, land lease • Purchase or lease of project • Item 11. CFDA Title box-Type in management (including evaluation, equipment such as computers, vehicles, the numbers: 15.148. negotiation, and enforcement of terms), field gear, etc.; • Item 12. Title box-Type in: Tribal • Attending conventions or travel to and regulatory monitoring (Federal, Energy Development Capacity. State, and Tribal environmental and foreign countries; • • Conducting studies related to Item 15. Descriptive Title of safety regulations). Describe how the meeting environmental requirements for Applicant’s Project. Type in short project would assist the Tribe in a project development; description of proposal. developing the capacity needed to • Feasibility studies to identify, • Item 21. Read certification maximize the economic impact of develop, or market energy or mineral statement. Check ‘‘agree’’ box. energy or mineral resource development on Indian land, and to what extent that resources; establish or expand • Authorized Representative section: would affect the overall economy of the broadband projects; evaluate economic Complete all boxes except ‘‘signature of Tribe. List all previous or ongoing development projects, businesses, or authorized representative.’’ Be sure to energy or mineral resource development technologies that are addressed by type in the Tribal leader’s information. capacity-building projects involving the IEED’s Energy and Mineral Be sure to include the Tribal leader’s Tribe. Describe the Tribe’s motivation to Development Program (EMDP), National preferred title (e.g., Governor, President, implement the business or regulatory Tribal Broadband Grant (NTBG), and Chairman). Native American Business Development framework that would be developed or Save the Application for Federal Institute (NABDI) annual grant enhanced through TEDC funding. Assistance SF–424 and name the file programs; and Describe project goals and objectives. • Any other activities not authorized using the following format: Tribal Name Include a detailed scope of work by the grant award letter. TEDC Grant Application SF–424. describing the project phases and Example for naming the SF–424 timeline, method of measurement of VIII. TEDC Application Guidance Application for Federal Assistance file: meeting objectives of the proposed All TEDC applicants must use the Pueblo of Laguna TEDC Grant project, and expected outcomes. standard forms Application for Federal Application SF–424. Describe how and why the particular

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methods being applied will achieve the • Verification, by statement, that the attachments (Budget, Tribal Resolution, stated goals. Tribe is registered in SAM.gov (https:// and Critical Information Page) to the c. If the project is focused on studying sam.gov/SAM); Project Narrative Attachment Form, the the feasibility of a Tribal Utility • Federal DUNS number; applicant will save and name the file • Authority (TUA), or some other electric An active Automated Standard using the following format: Tribal Name utility structure including micro grids, Application for Payment (ASAP) TEDC Grant Attachments. please provide a brief discussion (one number (must be registered in ASAP Example for naming the Project page or less) that includes the following: with the same DUNS number—provide Narrative Attachment Form file: Pueblo Reason/need for chartering a TUA or your recipient ID); of Laguna TEDC Grant Attachments. • micro grid formation, the relationship Counties where the project is Step 4. Submit the Completed TEDC between the Tribe and incumbent located; and • Grant Proposal utility, annual expenditure by the Tribe Congressional District number on electricity, electricity pricing ($/ where the project is located. Applicants must submit the kWh) and/or power quality issues, Tribal Resolution Attachment Application for Federal Assistance SF– utility policy issues that are hindering (Mandatory Component 5) 424 form and the Project Narrative Attachment Form in a single email to the Tribe from proper management of its Applicants must include as an the email listed in the ADDRESSES energy assets or hindering the attachment to their application a Tribal development of energy projects (i.e. net section of this notice and: resolution authorizing the submission of • metering policies) and how these can a FY 2020 TEDC grant application. It State ‘‘TEDC APPLICATION potentially be overcome by a tribally must be signed by authorized Tribal NARRATIVE AND SF–424’’ in the email owned TUA, and any other relevant subject line; and representative(s). The Tribal resolution • information that would highlight the must also include: Include ‘‘Attention: Payton Batliner, need for the establishment of a TUA or • A description of the proposed Economic Development Specialist’’ in micro grid. project; and the first line of the email. d. Describe all deliverable products • An explicit reference to the Project Applications and mandatory that the proposed TEDC project is to Narrative being submitted. attachments received and date stamped generate, including all regulations, Tribal Energy Development after the time listed in the DATES section codes, ordinances or processes and Organization applicants are required to of this notice will not be considered by procedures. Discuss the content of any have a Tribal resolution authorizing the the Awarding Official. DEMD will planned status reports as well as the Tribe participating in the organization accept applications at any time before final TEDC project report. to apply for this grant. the deadline and will send a notification e. Provide the resumes (with areas of of receipt to the return email address on Step 3. Prepare the Project Narrative expertise) of key consultants and the application package, along with a Attachment Form for Submission personnel to be retained, if available, determination of whether the and the nature of their involvement, Note: Mandatory components 2–5 application is complete. including their relationship to the must be submitted using the Project Incomplete Applications. applicant as Tribal staff, consultant, Narrative Attachment Form. Applications submitted without one or subcontractor, etc. This information Instructions To download the Project more of the five mandatory components may be included as an attachment to the Narrative Attachment Form: described above will be returned to the application and will not be counted applicant with an explanation. The • Go to www.grants.gov towards the 20-page limitation. • applicant will then be allowed to correct Select the ‘‘forms’’ tab. This will any deficiencies and resubmit the Budget SF424a and Budget Narrative open a page within the table titled ‘‘SF– proposal for consideration on or before (Mandatory Component 3) 424 FAMILY FORMS.’’ the deadline. This option will not be • Under the column ‘‘Agency Owner’’ Please complete the SF424a and available to an applicant once the three quarters down the table (52nd provide a budget narrative that clearly deadline has passed. row), is listed, Grants.gov—Project describes all major line item grant Narrative Attachment Form. IX. Review and Selection Process expenditures. High ranking budgets will • Click on the blue PDF letters to provide a budget narrative that download the one page document. Upon receiving a TEDC application, correlates to the project scope of work When the applicant has successfully DEMD will determine whether the and clearly breaks the project down into downloaded the Project Narrative application is complete and that the defined tasks with an associated budget Attachment Form, follow the next steps proposed project does not duplicate or line item for each task. Tasks and costs to upload documents: overlap previous or currently funded should include justification in the • On the Project Narrative DEMD technical assistance projects. budget narrative. Attachment Form, click on the button Any proposal that is received after the date and time in the DATES section of Critical Information Page (Mandatory titled ‘‘Add Project Narrative File.’’ • this notice will not be reviewed. If an Component 4) Select the Project Narrative that you want to upload and click ‘‘open’’ to application is not complete and the Applicants must include a critical upload the file. submission deadline has not passed, the information page that includes: • On the same Project Narrative applicant will be notified and given an • A designated Tribal representative, Attachment Form, you will find a grey opportunity to resubmit its application. who is not a consultant, (and their button titled ‘‘Add Optional Project The DEMD Review Committee contact information) to oversee the Narrative File.’’ Use this button to (Committee), comprised of DEMD staff, project work, make authorized decisions upload the Budget Narrative, Critical staff from other Federal agencies, and during the course of the project, and be Information Page, and the Tribal subject matter experts, will evaluate the responsible for submitting quarterly Resolution as attachments. proposals against the ranking criteria. reports and the final report, plus When the applicant has completed Proposals will be evaluated using the quarterly financial status reports; uploading the Project Narrative and the four criteria listed below, with a

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maximum achievable total of 100 recipients are required to have a current interests that could cause a reasonable points. and accurate DUNS number to receive person to question the recipient’s ability Final award selections will be funds. All payments will be deposited to provide impartial, technically sound, approved by the Assistant Secretary— to the banking information designated and objective performance under or Indian Affairs and the Associate Deputy by the applicant in the System for with respect to a Federal financial Secretary, U.S. Department of the Award Management (SAM). assistance agreement. Interior. Applicants not selected for • In addition to any other award will be notified in writing. XII. Reporting Requirements for Award prohibitions that may apply with Recipients respect to conflicts of interest, no key X. Evaluation Criteria The applicant must deliver all official of an actual or proposed Executive Summary: 10 points. products and data required by the recipient or sub-recipient, who is Proposals will be evaluated based on the signed Grant Agreement for the substantially involved in the proposal or clarity of the proposal’s Executive proposed TEDC feasibility study project project, may have been a former Federal Summary as discussed in Step 2, part A. to DEMD within 30 days of the end of employee who, within the last one (1) Project Objective, Technical each quarter and 90 days after year, participated personally and Description, and Scope of Work: 35 completion of the project. substantially in the evaluation, award, points. This criterion will be evaluated DEMD requires that deliverable or administration of an award with based on the project objective, technical products be provided in both digital respect to that recipient or sub-recipient description and scope of work as format and printed hard copies. Reports or in development of the requirement described in Step 2, part B. The clarity can be provided in either Microsoft leading to the funding announcement. of the described work and the Word or Adobe Acrobat PDF format. • No actual or prospective recipient appropriateness of the project in terms Spreadsheet data can be provided in or sub-recipient may solicit, obtain, or of meeting the intent and goals of the Microsoft Excel, Microsoft Access, or use non-public information regarding TEDC program will be evaluated. Adobe PDF formats. All vector figures the evaluation, award, administration of Deliverable Products: 30 points. should be converted to PDF format. an award to that recipient or sub- DEMD will rate the extent to which the Raster images can be provided in PDF, recipient or the development of a expected outcome of the project meets JPEG, TIFF, or any of the Windows Federal financial assistance opportunity the applicant’s stated goals, based on metafile formats. The contract between that may be of competitive interest to the deliverables described. This section the grantee and the consultant that recipient or sub-recipient. will be evaluated based on Step 2, part conducting the TEDC-funded feasibility C. Notification study must include deliverable products • Key Personnel: 25 points. The and require that the products be Non-Federal entities, including Committee understands that applicants prepared in the format described above. applicants for financial assistance may intend that the consultant(s) they The contract should include budget awards, must disclose in writing any retain to prepare the grant proposal will amounts for all printed and digital conflict of interest to the DOI awarding also conduct the feasibility study if the copies to be delivered in accordance agency or pass-through entity in grant is awarded. This does not with the grant agreement. In addition, accordance with 2 CFR 200.112, prejudice an applicant’s chances of the contract must specify that all Conflicts of Interest. • Recipients must establish internal being selected as a grantee. However, products generated by a consultant controls that include, at a minimum, the Committee will view unfavorably belong to the grantee and cannot be procedures to identify, disclose, and proposals that show little evidence of released to the public without the mitigate or eliminate identified conflicts communication between the grantee’s written approval. Products of interest. The recipient is responsible consultant(s) and the applicant or scant include, but are not limited to, all for notifying the Financial Assistance regard for the applicant community’s reports and technical data obtained, Officer in writing of any conflicts of unique circumstances. Facsimile maps, status reports, and the final interest that may arise during the life of applications prepared by the same report. the award, including those that have consultant(s) and submitted by multiple In addition, this funding opportunity been reported by sub-recipients. applicants will receive particular and financial assistance award must • Restrictions on Lobbying. Non- scrutiny in this regard. DEMD will also adhere to the following provisions: evaluate the extent to which key Federal entities are strictly prohibited personnel have the expertise to perform XIII. Conflicts of Interest from using funds under this grant or cooperative agreement for lobbying the functions under the scope of work, Applicability and produce quality deliverables. See activities and must provide the required Step 2, part D for more information. • This section intends to ensure that certifications and disclosures pursuant non-Federal entities and their to 43 CFR part 18 and 31 U.S.C. 1352. XI. Transfer of Funds employees take appropriate steps to • Review Procedures. The Financial DEMD’s obligation under this avoid conflicts of interest in their Assistance Officer will examine each solicitation is contingent on receipt of responsibilities under or with respect to conflict of interest disclosure on the congressionally appropriated funds. No Federal financial assistance agreements. basis of its particular facts and the liability on the part of the U.S. • In the procurement of supplies, nature of the proposed grant or Government for any payment may arise equipment, construction, and services cooperative agreement, and will until funds are made available to the by recipients and by sub-recipients, the determine whether a significant awarding officer for this grant and until conflict of interest provisions in 2 CFR potential conflict exists and, if it does, the recipient receives notice of such 200.318 apply. develop an appropriate means for availability, to be confirmed in writing resolving it. Requirements by the grant officer. • Enforcement. Failure to resolve All payments under this agreement • Non-Federal entities must avoid conflicts of interest in a manner that will be made by electronic funds prohibited conflicts of interest, satisfies the Government may be cause transfer through the ASAP. All award including any significant financial for termination of the award. Failure to

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make the required disclosures may the Office of Management and Budget • Energy Policy Act of 2005, as result in any of the remedies described (OMB) under the Paperwork Reduction amended (25 U.S.C. 3501, Pub. L. in 2 CFR 200.338, Remedies for Act, 44 U.S.C. 3504(h). The OMB 102–486; Title XXVI—The Energy Noncompliance, including suspension control number is 1076–0177. The Policy Act of 1992, 25 U.S.C. 2601, or debarment (see also 2 CFR part 180). authorization expires on October 31, 106 Stat. 2776, Pub. L. 109–58; title V 2020. An agency may not conduct or § 503(a), Aug. 8, 2005, 119 Stat. 764). Data Availability sponsor, and you are not required to Tara Sweeney, • Applicability. The Department of respond to, any information collection the Interior is committed to basing its that does not display a currently valid Assistant Secretary—Indian Affairs. decisions on the best available science OMB Control Number. [FR Doc. 2020–11975 Filed 6–2–20; 8:45 am] and providing the American people BILLING CODE 4337–15–P with enough information to thoughtfully XVII. Authority and substantively evaluate the data, TEDC grants are funded through non- methodology, and analysis used by the recurring appropriations made by the DEPARTMENT OF THE INTERIOR Department to inform its decisions. United States Congress in the Federal • Use of Data. The regulations at 2 budget. These funds are provided on a National Park Service CFR 200.315 apply to data produced year-to-year basis, and may or may not [NPS–WASO–NAGPRA–NPS0030268; under a Federal award, including the be provided in future years. DEMD PPWOCRADN0–PCU00RP14.R50000] provision that the Federal Government implements the Indian Energy Resource has the right to obtain, reproduce, Development Program, under the Energy Notice of Inventory Completion: Sam publish, or otherwise use the data Policy Act of 2005, (503(a), Aug. 8, Noble Oklahoma Museum of Natural produced under a Federal award as well 2005, 119 Stat. 764) to assist Indian History, University of Oklahoma, as authorize others to receive, Tribes in the development of energy Norman, OK reproduce, publish, or otherwise use resources and to further the goal of AGENCY: National Park Service, Interior. such data for Federal purposes. Indian self-determination. The Energy ACTION: Notice. • Availability of Data. The recipient Policy Act of 2005 (25 U.S.C. 3501 et shall make the data produced under this seq.) requires the Secretary to: SUMMARY: The Sam Noble Oklahoma award and any subaward(s) available to ‘‘establish and implement an Indian Museum of Natural History (Museum) at the Government for public release, energy resource development program the University of Oklahoma has consistent with applicable law, to allow to assist consenting Indian Tribes and completed an inventory of human meaningful third party evaluation and Tribal energy resource development remains and associated funerary objects, reproduction of the following: organizations.’’ in consultation with the appropriate o The scientific data relied upon; It also requires the Secretary to Indian Tribes or Native Hawaiian o The analysis relied upon; and provide development grants to Indian organizations, and has determined that o The methodology, including Tribes and Tribal energy resource there is a cultural affiliation between the models, used to gather and analyze data. development organizations for use in human remains and associated funerary developing or obtaining the managerial XIV. Questions and Requests for DEMD objects and present-day Indian Tribes or and technical capacity needed to Assistance Native Hawaiian organizations. Lineal develop energy resources on Indian descendants or representatives of any DEMD staff may provide technical land, and to properly account for Indian Tribe or Native Hawaiian consultation, upon written request by an resulting energy production and organization not identified in this notice applicant. The request must clearly revenues; and to: that wish to request transfer of control identify the type of assistance sought. ‘‘provide grants to Indian Tribes and of these human remains and associated Technical consultation does not include Tribal energy resource development funerary objects should submit a written funding to prepare a grant proposal, organizations for the use in carrying out request to the Museum. If no additional grant writing assistance, or pre- projects to promote the integration of requestors come forward, transfer of determinations as to the likelihood that energy resources, and to process, use, or control of the human remains and a proposal will be awarded. The develop those energy resources on associated funerary objects to the lineal applicant is solely responsible for Indian land . . .’’ descendants, Indian Tribes, or Native preparing its grant proposal. Technical Additional authorizing Statutes for Hawaiian organizations stated in this consultation may include clarifying the program include: notice may proceed. application requirements, confirming • The Snyder Act of November 2, 1921, DATES: Lineal descendants or whether an applicant previously as amended (25 U.S.C . 13, 42 Stat. representatives of any Indian Tribe or submitted the same or similar proposal, 208, Pub. L. 67–85; 90 Stat. 2233, Pub. Native Hawaiian organization not and registration information for SAM or L. 94–482) identified in this notice that wish to ASAP. • The Indian Reorganization Act of 1934, as amended (25 U.S.C. 461 et request transfer of control of these XV. Separate Document(s) seq., 48 Stat. 984, Pub. L. 73–383; human remains and associated funerary • Application for Federal Assistance Pub. L. 103–263) objects should submit a written request SF–424 Form • The Indian Self-Determination and with information in support of the • Project Narrative Attachment Form Education Assistance Act, as request to the Museum at the address in (This form includes the Project amended (25 U.S.C. 450, 88 Stat. this notice by July 6, 2020. Narrative, Budget, Tribal Resolution, 2203, Pub. L. 93–638, Pub. L. 100– ADDRESSES: Dr. Marc Levine, Associate and Critical Information page) 472; 102 Stat. 2285, Pub. L. 103–413) Curator of Archaeology, Sam Noble • Indian Mineral Development Act of Oklahoma Museum of Natural History, XVI. Paperwork Reduction Act 1982, as amended (25 U.S.C. 2106, 86 University of Oklahoma, 2401 The information collection Stat. 1940, Pub. L. 97–382) Chautauqua Avenue, Norman, OK requirements contained in this notice • Umatilla Basin Project Act (16 U.S.C. 73072–7029, telephone (405) 325–1994, have been reviewed and approved by 1271 et seq., Pub. L. 100–557) email [email protected].

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SUPPLEMENTARY INFORMATION: Notice is • Pursuant to 25 U.S.C. 3001(9), the in consultation with the appropriate here given in accordance with the human remains described in this notice Indian Tribes or Native Hawaiian Native American Graves Protection and represent the physical remains of one organizations, and has determined that Repatriation Act (NAGPRA), 25 U.S.C. individual of Native American ancestry. there is a cultural affiliation between the 3003, of the completion of an inventory • Pursuant to 25 U.S.C. 3001(3)(A), human remains and associated funerary of human remains and associated the 22 objects described in this notice objects and present-day Indian Tribes or funerary objects under the control of the are reasonably believed to have been Native Hawaiian organizations. Lineal Sam Noble Oklahoma Museum of placed with or near individual human descendants or representatives of any Natural History, University of remains at the time of death or later as Indian Tribe or Native Hawaiian Oklahoma, Norman, OK. The human part of the death rite or ceremony. organization not identified in this notice remains and associated funerary objects • Pursuant to 25 U.S.C. 3001(2), there that wish to request transfer of control were removed from Haskell County, OK. is a relationship of shared group of these human remains and associated This notice is published as part of the identity that can be reasonably traced funerary objects should submit a written National Park Service’s administrative between the Native American human request to the Museum. If no additional responsibilities under NAGPRA, 25 remains and associated funerary objects requestors come forward, transfer of U.S.C. 3003(d)(3). The determinations in and The Choctaw Nation of Oklahoma. control of the human remains and this notice are the sole responsibility of Additional Requestors and Disposition associated funerary objects to the lineal the museum, institution, or Federal descendants, Indian Tribes, or Native Lineal descendants or representatives agency that has control of the Native Hawaiian organizations stated in this of any Indian Tribe or Native Hawaiian American human remains and notice may proceed. organization not identified in this notice associated funerary objects. The DATES: Lineal descendants or that wish to request transfer of control National Park Service is not responsible representatives of any Indian Tribe or of these human remains and associated for the determinations in this notice. Native Hawaiian organization not funerary objects should submit a written identified in this notice that wish to Consultation request with information in support of request transfer of control of these the request to Dr. Marc Levine, A detailed assessment of the human human remains and associated funerary Associate Curator of Archaeology, Sam remains was made by the Sam Noble objects should submit a written request Noble Oklahoma Museum of Natural Oklahoma Museum of Natural History with information in support of the History, University of Oklahoma, 2401 professional staff in consultation with request to the Museum at the address in Chautauqua Avenue, Norman, OK representatives of The Choctaw Nation this notice by July 6, 2020. 73072–7029, telephone (405) 325–1994, of Oklahoma. email [email protected], by July 6, 2020. ADDRESSES: Dr. Marc Levine, Associate History and Description of the Remains After that date, if no additional Curator of Archaeology, Sam Noble requestors have come forward, transfer Oklahoma Museum of Natural History, In 1984, human remains representing, of control of the human remains and University of Oklahoma, 2401 at minimum, one individual were associated funerary objects to The Chautauqua Avenue, Norman, OK removed from the Charles Roye Site Choctaw Nation of Oklahoma may 73072–7029, telephone (405) 325–1994, (34Hs159) in Haskell County, OK. This proceed. email [email protected]. site was surveyed in 1982, prior to The Sam Noble Oklahoma Museum of SUPPLEMENTARY INFORMATION: Notice is construction of an ARKLA, Inc. gas line Natural History is responsible for here given in accordance with the compressor station. During the survey, notifying The Choctaw Nation of Native American Graves Protection and which was funded by the Bureau of Oklahoma that this notice has been Repatriation Act (NAGPRA), 25 U.S.C. Land Management, a burial was published. 3003, of the completion of an inventory discovered. The site was excavated by Dated: May 4, 2020. of human remains and associated the Oklahoma Archeological Survey, funerary objects under the control of the Melanie O’Brien, and the items recovered were brought to Sam Noble Oklahoma Museum of the Museum in 1984. The fragmentary Manager, National NAGPRA Program. Natural History, University of human remains belong to an adult over [FR Doc. 2020–11967 Filed 6–2–20; 8:45 am] Oklahoma, Norman, OK. The human the age of 20 of indeterminate sex. No BILLING CODE 4312–52–P remains and associated funerary objects known individual was identified. The were removed from Muskogee County, 22 associated funerary objects include OK. three glass fragments, four glass bead DEPARTMENT OF THE INTERIOR This notice is published as part of the fragments, one historic ceramic cup National Park Service National Park Service’s administrative fragment, and 14 historic ceramic sherd responsibilities under NAGPRA, 25 fragments. [NPS–WASO–NAGPRA–NPS0030267; U.S.C. 3003(d)(3). The determinations in The Charles Roye Site dates to the late PPWOCRADN0–PCU00RP14.R50000] this notice are the sole responsibility of 1800s, based on the presence of the museum, institution, or Federal Notice of Inventory Completion: Sam European trade goods. Historic agency that has control of the Native Noble Oklahoma Museum of Natural documents, including homestead deed American human remains and History, University of Oklahoma, records, show that the site lies within associated funerary objects. The Norman, OK the region occupied by The Choctaw National Park Service is not responsible Nation of Oklahoma during the 19th AGENCY: National Park Service, Interior. for the determinations in this notice. century. ACTION: Notice. Consultation Determinations Made by the Sam Noble SUMMARY: The Sam Noble Oklahoma A detailed assessment of the human Oklahoma Museum of Natural History Museum of Natural History (Museum) at remains was made by the Sam Noble Officials of the Sam Noble Oklahoma the University of Oklahoma has Oklahoma Museum of Natural History Museum of Natural History have completed an inventory of human professional staff in consultation with determined that: remains and associated funerary objects, representatives of the Caddo Nation of

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Oklahoma and the Wichita and of these human remains and associated the request to the University of the Affiliated Tribes (Wichita, Keechi, Waco funerary objects should submit a written Pacific, Dugoni School of Dentistry at & Tawakonie), Oklahoma (hereafter request with information in support of the address in this notice by July 6, referred to as ‘‘The Tribes’’). the request to Dr. Marc Levine, 2020. Associate Curator of Archaeology, Sam History and Description of the Remains ADDRESSES: Dorothy Dechant, Center for Noble Oklahoma Museum of Natural Dental History and Craniofacial Study, In 1957, human remains representing, History, University of Oklahoma, 2401 University of the Pacific, Dugoni School at minimum, four individuals were Chautauqua Avenue, Norman, OK of Dentistry, 155 Fifth Street, San excavated by the University of 73072–7029, telephone (405) 325–1994, Francisco, CA 94103–2919, telephone Oklahoma at site 34Ms20 in Muskogee email [email protected], by July 6, 2020. (415) 929–6627, email ddechant@ County, OK. At an unknown date, the After that date, if no additional pacific.edu. associated cultural materials were requestors have come forward, transfer SUPPLEMENTARY INFORMATION: transferred to the Museum. The human of control of the human remains and Notice is here given in accordance with the remains include the partial skeleton of associated funerary objects to The Native American Graves Protection and an adult male 20–35 years old that were Tribes may proceed. Repatriation Act (NAGPRA), 25 U.S.C. commingled with remains of a child 7– The Sam Noble Oklahoma Museum of 3003, of the completion of an inventory 9 years old, a young adult 18–22 years Natural History is responsible for of human remains under the control of old of indeterminate sex, and a young notifying The Tribes that this notice has the University of the Pacific, Dugoni adult 20–30 years old of indeterminate been published. sex. No known individuals were School of Dentistry, San Francisco, CA. Dated: May 4, 2020. identified. The eight associated funerary The human remains were removed from objects are faunal bone fragments. Melanie O’Brien, the SJO–91 Brown site in San Joaquin Based on the presence of diagnostic Manager, National NAGPRA Program. County, CA. artifacts (chipped and ground stone, [FR Doc. 2020–11962 Filed 6–2–20; 8:45 am] This notice is published as part of the ceramics, bone tools and ornaments), BILLING CODE 4312–52–P National Park Service’s administrative the human remains and associated responsibilities under NAGPRA, 25 funerary objects were most likely U.S.C. 3003(d)(3). The determinations in interred at site 34Ms20 during the DEPARTMENT OF THE INTERIOR this notice are the sole responsibility of Mississippian Period (A.D. 1000–1500). the museum, institution, or Federal National Park Service Furthermore, the diagnostic material is agency that has control of the Native consistent with cultural distribution [NPS–WASO–NAGPRA–NPS0030237; American human remains. The National patterns in the Arkansas River Valley. PPWOCRADN0–PCU00RP14.R50000] Park Service is not responsible for the The archeological data, together with determinations in this notice. ethnohistoric data, ethnographic data, Notice of Inventory Completion: Consultation and tribal oral histories, show that the University of the Pacific, Dugoni A detailed assessment of the human human remains and associated funerary School of Dentistry, San Francisco, CA remains was made by the Center for objects are culturally affiliated with the AGENCY: National Park Service, Interior. Dental History and Craniofacial Study Caddo Nation of Oklahoma and the ACTION: Notice. (CDHCS) professional staff at the Wichita and Affiliated Tribes (Wichita, University of the Pacific, Dugoni School Keechi, Waco & Tawakonie), Oklahoma. SUMMARY: The University of the Pacific, of Dentistry in consultation with Determinations Made by the Sam Noble Dugoni School of Dentistry has representatives of the Ione Band of Oklahoma Museum of Natural History completed an inventory of human Miwok Indians of California; Picayune remains, in consultation with the Rancheria of the Chukchansi Indians of Officials of the Sam Noble Oklahoma appropriate Indian Tribes or Native Museum of Natural History have California; Santa Rosa Indian Hawaiian organizations, and has Community of the Santa Rosa determined that: determined that there is a cultural • Pursuant to 25 U.S.C. 3001(9), the Rancheria, California; Shingle Springs affiliation between the human remains human remains described in this notice Band of Miwok Indians, Shingle Springs and present-day Indian Tribes or Native represent the physical remains of four Rancheria (Verona Tract), California; Hawaiian organizations. Lineal individuals of Native American Table Mountain Rancheria (previously descendants or representatives of any ancestry. listed as Table Mountain Rancheria of • Pursuant to 25 U.S.C. 3001(3)(A), Indian Tribe or Native Hawaiian California); Tejon Indian Tribe; Tule the eight objects described in this notice organization not identified in this notice River Indian Tribe of the Tule River are reasonably believed to have been that wish to request transfer of control Reservation, California; United Auburn placed with or near individual human of these human remains should submit Indian Community of the Auburn remains at the time of death or later as a written request to the University of the Rancheria of California; Wilton part of the death rite or ceremony. Pacific, Dugoni School of Dentistry. If Rancheria, California; and the Northern • Pursuant to 25 U.S.C. 3001(2), there no additional requestors come forward, Valley Yokut, a non-federally is a relationship of shared group transfer of control of the human remains recognized Indian group. The Buena identity that can be reasonably traced to the lineal descendants, Indian Tribes, Vista Rancheria of Me-Wuk Indians of between the Native American human or Native Hawaiian organizations stated California; California Valley Miwok remains and associated funerary objects in this notice may proceed. Tribe, California; Chicken Ranch and The Tribes. DATES: Lineal descendants or Rancheria of Me-Wuk Indians of representatives of any Indian Tribe or California; Jackson Band of Miwuk Additional Requestors and Disposition Native Hawaiian organization not Indians (previously listed as Jackson Lineal descendants or representatives identified in this notice that wish to Rancheria of Me-Wuk Indians of of any Indian Tribe or Native Hawaiian request transfer of control of these California); Tuolumne Band of Me-Wuk organization not identified in this notice human remains should submit a written Indians of the Tuolumne Rancheria of that wish to request transfer of control request with information in support of California; as well as the Southern

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Sierra Miwuk Nation and the that the cultural affiliation of CA–SJO– The University of the Pacific, Dugoni Tubatulabals of Kern Valley, California, 91 is to the Northern Valley Yokuts and School of Dentistry is responsible for non-federally recognized Indian groups, Plains Miwok. notifying The Consulted Tribes and were invited but did not participate. Groups that this notice has been Determinations Made by the University Hereafter, all the above entities are published. of the Pacific, Dugoni School of referred to as ‘‘The Consulted Tribes Dentistry Dated: April 23, 2020. and Groups.’’ Officials of the University of the Melanie O’Brien, History and Description of the Remains Pacific, Dugoni School of Dentistry have Manager, National NAGPRA Program. Sometime in 1970 or 1971, human determined that: [FR Doc. 2020–11968 Filed 6–2–20; 8:45 am] remains representing, at minimum, six • Pursuant to 25 U.S.C. 3001(9), the BILLING CODE 4312–52–P individuals were removed from CA– human remains described in this notice SJO–91 Brown Site on private property, represent the physical remains of six in San Joaquin County, CA. Sometime individuals of Native American DEPARTMENT OF THE INTERIOR ancestry. between 1970 and 1989 these human National Park Service remains were in the possession of Dr. • Pursuant to 25 U.S.C. 3001(2), there John Stucky of Lodi, CA. Dr. Stucky had is a relationship of shared group [NPS–WASO–NAGPRA–NPS0030235; received these human remains from his identity that can be reasonably traced PPWOCRADN0–PCU00RP14.R50000] neighbor who had been a construction between the Native American human superintendent for A. Teichert and Sons remains and the Buena Vista Rancheria Notice of Inventory Completion: Construction. In 1989, on behalf of Dr. of Me-Wuk Indians of California; University of the Pacific, Dugoni Stucky, these human remains were California Valley Miwok Tribe, School of Dentistry, San Francisco, CA donated to the University of the Pacific California; Chicken Ranch Rancheria of AGENCY: National Park Service, Interior. Me-Wuk Indians of California; Ione School of Dentistry by Dr. Kenneth ACTION: Notice. Holcombe, and accessioned into the Band of Miwok Indians of California; school’s Spencer R. Atkinson Library of Jackson Band of Miwuk Indians SUMMARY: The University of the Pacific, Applied Anatomy skull collection. No (previously listed as Jackson Rancheria Dugoni School of Dentistry has known individuals were identified. No of Me-Wuk Indians of California); completed an inventory of human associated funerary objects are present. Picayune Rancheria of the Chukchansi remains, in consultation with the In a 2004 Notice of Inventory Indians of California; Santa Rosa Indian appropriate Indian Tribes or Native Completion published in the Federal Community of the Santa Rosa Hawaiian organizations, and has Register (69 FR 55454, September 14, Rancheria, California; Shingle Springs determined that there is a cultural 2004), the California Department of Band of Miwok Indians, Shingle Springs affiliation between the human remains Parks and Recreation, Sacramento, CA, Rancheria (Verona Tract), California; and present-day Indian Tribes or Native noted that CA–SJO–91 ‘‘lie(s) within Table Mountain Rancheria (previously Hawaiian organizations. Lineal Yokuts territory,’’ that the Yokuts ‘‘are listed as Table Mountain Rancheria of descendants or representatives of any today represented by three groups of California); Tejon Indian Tribe; Tule Indian Tribe or Native Hawaiian living areas: the Northern Valley River Indian Tribe of the Tule River organization not identified in this notice Yokuts, Southern Valley Yokuts, and Reservation, California; Tuolumne Band that wish to request transfer of control Foothill Yokuts,’’ and that of Me-Wuk Indians of the Tuolumne of these human remains should submit ‘‘(a)rchaeological, ethnographic, Rancheria of California; United Auburn a written request to the University of the historical and oral historical evidence Indian Community of the Auburn Pacific, Dugoni School of Dentistry. If link the Northern Valley Yokuts to the Rancheria of California; and the Wilton no additional requestors come forward, present-day Picayune Rancheria of the Rancheria, California (hereafter referred transfer of control of the human remains Chukchansi Indians of California; Santa to as ‘‘The Affiliated Tribes’’). to the lineal descendants, Indian Tribes, Rosa Indian Community of the Santa Additional Requestors and Disposition or Native Hawaiian organizations stated Rosa Rancheria, California; Table in this notice may proceed. Mountain Rancheria of California; and Lineal descendants or representatives DATES: Lineal descendants or Tule River Indian Tribe of the Tule of any Indian Tribe or Native Hawaiian representatives of any Indian Tribe or River Reservation, California.’’ organization not identified in this notice Native Hawaiian organization not In a 2011 Notice of Inventory that wish to request transfer of control identified in this notice that wish to Completion published in the Federal of these human remains should submit request transfer of control of these Register (76 FR 14055, March 15, 2011), a written request with information in human remains should submit a written the California State Department of support of the request to Dorothy request with information in support of Transportation (Caltrans), Sacramento, Dechant, University of the Pacific, the request to the University of the CA, and California State University, Dugoni School of Dentistry, 155 Fifth Pacific, Dugoni School of Dentistry at Sacramento, CA, noted that ‘‘historical Street, San Francisco, CA 94103–2919, the address in this notice by July 6, and geographical lines of evidence telephone (415) 929–6627, email 2020. indicate that CA–SJO–91 lies on the [email protected], by July 6, 2020. border of the traditional territory of the After that date, if no additional ADDRESSES: Dorothy Dechant, Center for Plains Miwok and the Northern Valley requestors have come forward, transfer Dental History and Craniofacial Study, Yokuts.’’ of control of the human remains to The University of the Pacific, Dugoni School Based on the above findings, as well Affiliated Tribes may proceed. If joined of Dentistry, 155 Fifth Street, San as oral and documentary evidence to a request from one or more of the Francisco, CA 94103–2919, telephone presented during consultations, the Affiliated Tribes, the following non- (415) 929–6627, email ddechant@ University of the Pacific, Dugoni School federally recognized Indian groups may pacific.edu. of Dentistry, San Francisco (including receive transfer of control of the human SUPPLEMENTARY INFORMATION: Notice is the Center for Dental History and remains: The Northern Valley Yokut, here given in accordance with the Craniofacial Study) reasonably believes and the Southern Sierra Miwuk Nation. Native American Graves Protection and

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Repatriation Act (NAGPRA), 25 U.S.C. human remains does not exist. Spencer Atkinson. Documentation 3003, of the completion of an inventory However, based on an associated describing the excavator, original date, of human remains under the control of handwritten note that includes the location, removal and acquisition of the the University of the Pacific, Dugoni writing ‘‘Dalton 5/30/37,’’ and on human remains does not exist. School of Dentistry, San Francisco, CA. research conducted by CDHCS However, based on an associated The human remains were removed from professional staff, the University of the handwritten note that includes the eight sites in Sacramento County, CA. Pacific, Dugoni School of Dentistry writing ‘‘Hutchinson Mound Nishinan This notice is published as part of the reasonably believes that these human . . . May 35,’’ and on research National Park Service’s administrative remains were removed in 1937 from the conducted by CDHCS professional staff, responsibilities under NAGPRA, 25 site of Dalton. In 1963, the human the University of the Pacific, Dugoni U.S.C. 3003(d)(3). The determinations in remains were transferred to the School of Dentistry reasonably believes this notice are the sole responsibility of University of the Pacific School of that these human remains were, in 1935, the museum, institution, or Federal Dentistry when Dr. Atkinson’s private possibly removed from Hutchinson agency that has control of the Native collection was donated to the school. No Mound. The note found associated with American human remains. The National known individual was identified. No these human remains leaves the location Park Service is not responsible for the associated funerary objects are present. of the site of acquisition somewhat determinations in this notice. In a 2015 Notice of Inventory uncertain, as it reads, ‘‘Hutchinson Completion published in the Federal Consultation Mound Nishinan not from Slough Register (80 FR 6121, February 4, 2015), Mound Consumne River . . . May 35.’’ A detailed assessment of the human California State University, Sacramento, In 1963, the human remains were remains was made by the Center for CA, stated that human remains in their transferred to the University of the Dental History and Craniofacial Study collection from Dalton had been ‘‘in the Pacific School of Dentistry when Dr. (CDHCS) professional staff at the possession of Anthony Zallio, a private Atkinson’s private collection was University of the Pacific, Dugoni School collector,’’ and that the exact location of donated to the school. No known of Dentistry in consultation with the Dalton site ‘‘is currently unknown.’’ individual was identified. No associated representatives of the Ione Band of Sometime between 1920 and 1963, funerary objects are present. Miwok Indians of California; Picayune human remains representing, at In a 2015 Notice of Inventory Rancheria of the Chukchansi Indians of minimum, one individual (one adult Completion published in the Federal California; Santa Rosa Indian skull) were in the possession of Dr. Register (80 FR 6121, February 4, 2015), Community of the Santa Rosa Spencer Atkinson. Documentation California State University, Sacramento, Rancheria, California; Shingle Springs describing the excavator, original dates, CA, stated that human remains in their Band of Miwok Indians, Shingle Springs locations, removal and acquisition of collection from Hutchinson Mound had Rancheria (Verona Tract), California; the human remains does not exist. been ‘‘in the possession of Anthony Table Mountain Rancheria (previously However, based on an associated Zallio, a private collector,’’ and that the listed as Table Mountain Rancheria of handwritten label that includes the site was ‘‘believed to be located near California); Tejon Indian Tribe; Tule writing ‘‘1–3–37 Goethe Maidu Sloughhouse, in east-central Sacramento River Indian Tribe of the Tule River Nisenan,’’ and on research conducted by County, CA. The exact location is Reservation, California; United Auburn CDHCS professional staff, the University currently unknown.’’ Indian Community of the Auburn of the Pacific, Dugoni School of Sometime between 1920 and 1963, Rancheria of California; Wilton Dentistry reasonably believes that these human remains representing, at Rancheria, California; and the Northern human remains were removed in 1937 minimum, two individuals (two adult Valley Yokut, a non-federally from Goethe Mound (CA–SAC–120). In skulls) were in the possession of Dr. recognized Indian group. 1963, the human remains were Spencer Atkinson. Documentation The Buena Vista Rancheria of Me- transferred to University of the Pacific describing the excavator, original dates, Wuk Indians of California; California School of Dentistry when Dr. Atkinson’s locations, removal and acquisition of Valley Miwok Tribe, California; Chicken private collection was donated to the the human remains does not exist. Ranch Rancheria of Me-Wuk Indians of school. No known individual was However, based on associated California; Jackson Band of Miwuk identified. No associated funerary handwritten labels that include the Indians (previously listed as Jackson objects are present. writing ‘‘Nicholaus’’ (on one label) and Rancheria of Me-Wuk Indians of In a 2015 Notice of Inventory a few letters of the word ‘‘Nicolaus’’ (on California); Tuolumne Band of Me-Wuk Completion published in the Federal other label), and on research conducted Indians of the Tuolumne Rancheria of Register (80 FR 6751, February 6, 2015), by CDHCS professional staff, the California; as well as the Southern California State University, Sacramento, University of the Pacific, Dugoni School Sierra Miwuk Nation and the CA, stated that human remains in their of Dentistry reasonably believes that Tubatulabals of Kern Valley, California, collection from site CA–SAC–120 had these human remains were removed non-federally recognized Indian groups, been ‘‘in the possession of Anthony from the Nicolaus Site #2 or Nicholas were invited but did not participate. Zallio, a private collector,’’ that the site (CA–SAC–085). The date of removal is Hereafter, all the above entities are was ‘‘located on the east bank of Deer unknown. In 1963, the human remains referred to as ‘‘The Consulted Tribes Creek in northwest Elk Grove in central were transferred to University of the and Groups.’’ Sacramento County, CA,’’ and that Pacific School of Dentistry when Dr. ‘‘(l)imited archeological and Atkinson’s private collection was History and Description of the Remains ethnohistorical data is available for CA– donated to the school. No known Sometime between 1920 and 1963, SAC–120, but it is believed to represent individuals were identified. No human remains representing, at a small Plains Miwok Village known as associated funerary objects are present. minimum, one individual (one adult Shalachmushumne.’’ In a 2015 Notice of Inventory skull) were in the possession of Dr. Sometime between 1920 and 1963, Completion published in the Federal Spencer Atkinson. Documentation human remains representing, at Register (80 FR 6751, February 6, 2015), describing the excavator, original date, minimum, one individual (one adult California State University, Sacramento, location, removal and acquisition of the skull) were in the possession of Dr. CA, stated that human remains in their

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collection from CA–SAC–085 had been Atkinson’s private collection was of the Pacific, Dugoni School of ‘‘in the possession of Anthony Zallio, a donated to the school. No known Dentistry reasonably believes that these private collector,’’ and noted that site individual was identified. No associated human remains were removed in 1937 CA–SAC–085 ‘‘may have been a suburb funerary objects are present. from an undetermined site in the tribelet of a Hulpumne Plains Miwok In a 2015 Notice of Inventory Sacramento Valley. In 1963, the human village site located nearby at CA–SAC– Completion published in the Federal remains were transferred to the 086.’’ Register (80 FR 6751, February 6, 2015), University of the Pacific School of Based on communications with California State University, Sacramento Dentistry when Dr. Atkinson’s private professional staff at the California State stated that human remains in their collection was donated to the school. No University, Sacramento, it has been collection had been removed from CA– known individual was identified. No determined that the handwriting on SAC–006 ‘‘(also known as Johnson associated funerary objects are present. some of the associated notes and labels Mound), located approximately 1.3 Sometime between 1920 and 1963, described here resembles Anthony miles west of the Cosumnes River and human remains representing, at Zallio’s handwriting, as found on 5.5 miles northeast of the intersection of minimum, four individuals (one adult written materials associated with the the Mokelumne and Cosumnes Rivers in cranium, three adult skulls) were in the human remains that he donated in 1951 southern Sacramento County, CA,’’ and possession of Dr. Spencer Atkinson. to the Department of Anthropology at that ‘‘Ethnographic and historic data Documentation describing the Sacramento State College (now suggest that this site (CA–SAC–006) was excavator, original dates, locations, California State University, once the tribelet center for the removal and acquisition of the human Sacramento). In a 2015 Notice of Consomne Plains Miwok.’’ Site CA– remains does not exist. However, based Inventory Completion published in the SAC–007 and Site CA–SAC–006 appear on associated handwritten labels that Federal Register (80 FR 6751, February to be in close geographic proximity. include the writing ‘‘Bennett’’ and 6, 2015), that includes human remains Sometime between 1920 and 1963, ‘‘1935,’’ and on research conducted by from the sites of CA–SAC–085 (also human remains representing, at CDHCS professional staff, the University known as Nicolaus Site #2 or Nicholas) minimum, four individuals (four adult of the Pacific, Dugoni School of and CA–SAC–120 (also known as skulls) were in the possession of Dr. Dentistry reasonably believes that these Goethe Mound #1 and #2), California Spencer Atkinson. Documentation human remains were removed in 1935 State University, Sacramento noted that describing the excavator, original date, from Bennett Site or Bennett Mound ‘‘Zallio excavated mound sites prior to location, removal and acquisition of the (CA–SAC–016). In 1963, the human leveling for agricultural and human remains does not exist. remains were transferred to University development, and it is believed that the However, based on associated of the Pacific School of Dentistry when most recent occupation of the sites was handwritten labels that include the Dr. Atkinson’s private collection was likely intact at the time. Based on this writing ‘‘Thisle’’ (on three labels) and donated to the school. No known circumstantial evidence, it is more ‘‘Tistle Nisenan 7–2–35’’ (on fourth individuals were identified. No likely than not that Zallio collected label), and on research conducted by associated funerary objects are present. human remains and cultural items from CDHCS professional staff, the University In a 2011 Notice of Inventory the youngest deposits. Such deposits of the Pacific, Dugoni School of Completion published in the Federal date to the Historic Period and Late Dentistry reasonably believes that these Register (76 FR 14052, March 15, 2011), Horizon; the preponderance of evidence human remains were removed sometime California State University stated that indicates that these temporal periods are around 1935 from the site of Thistle. In they ‘‘reasonably believe that the most closely culturally affiliated with 1963, the human remains were ethnographic, historical and geographic the Plains Miwok, with more distant ties transferred to the University of the evidence indicates that the historic to neighboring groups such as the Pacific School of Dentistry when Dr. burials and cultural items recovered Nisenan, Patwin, and Yokuts.’’ Atkinson’s private collection was from Site CA–SAC–16 are most closely Sometime between 1920 and 1963, donated to the school. No known affiliated with contemporary human remains representing, at individuals were identified. No descendants of Nisenan, and have more minimum, one individual (one adult associated funerary objects are present. distant ties to neighboring groups, such cranium) were in the possession of Dr. In a 2015 Notice of Inventory as the Plains Miwok. Furthermore, the Spencer Atkinson. Documentation Completion published in the Federal earlier cultural items from the Middle describing the excavator, original date, Register (80 FR 6121, February 4, 2015), and Late Horizons share cultural location, removal and acquisition of the California State University, Sacramento relations with the Nisenan and Plains human remains does not exist. stated that human remains in their Miwok based on archaeological, However, based on an associated collection from Thistle had been ‘‘in the biological and historical linguistic handwritten label that includes the possession of Anthony Zallio, a private evidence.’’ writing ‘‘Nisenan Nichols 2–25–35,’’ collector,’’ and that the site was and on research conducted by CDHCS ‘‘believed to be located in west-central Determinations Made by the University professional staff, the University of the Sacramento County, CA. The exact of the Pacific, Dugoni School of Pacific, Dugoni School of Dentistry location is currently unknown.’’ Dentistry reasonably believes that these human Sometime between 1920 and 1963, Officials of the University of the remains were removed in 1935 from human remains representing, at Pacific, Dugoni School of Dentistry have Nichols Mound (CA–SAC–007, also minimum, one individual (one adult determined that: possibly known as Nicholls Site), which skull) were in the possession of Dr. • Pursuant to 25 U.S.C. 3001(9), the is believed to be located approximately Spencer R. Atkinson. Documentation human remains described in this notice one mile southeast of the intersection of describing the excavator, original date, represent the physical remains of 15 Bruceville and Desmond roads in exact location, removal and acquisition individuals of Native American southwest Sacramento County, CA. In of the human remains does not exist. ancestry. 1963, the human remains were However, based on associated written • Pursuant to 25 U.S.C. 3001(2), there transferred to the University of the evidence, and on research conducted by is a relationship of shared group Pacific School of Dentistry when Dr. CDHCS professional staff, the University identity that can be reasonably traced

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between the Native American human Dechant, University of the Pacific, letter dated January 16, 2014, to the remains and the Buena Vista Rancheria Dugoni School of Dentistry, 155 Fifth Department. The Department is of Me-Wuk Indians of California; Cachil Street, San Francisco, CA 94103–2919, requesting public comments on the DeHe Band of Wintun Indians of the telephone (415) 929–6627, email proposed decision. If the proposed Colusa Indian Community of the Colusa [email protected], by July 6, 2020. decision is implemented, the Rancheria, California; California Valley After that date, if no additional Department would offer to enter into a Miwok Tribe, California; Chicken Ranch requestors have come forward, transfer subcontract with the entities listed in Rancheria of Me-Wuk Indians of of control of the human remains to The the table below, as recommended by California; Ione Band of Miwok Indians Affiliated Tribes may proceed. If joined ADWR. of California; Jackson Band of Miwuk to a request from one or more of The DATES: Submit comments on or before Indians (previously listed as Jackson Affiliated Tribes, the following non- July 6, 2020. Rancheria of Me-Wuk Indians of federally recognized Indian groups may California); Kletsel Dehe Band of receive transfer of control of the human ADDRESSES: Send written comments Wintun Indians (previously listed as remains: the Colfax-Todds Valley concerning the proposed decision to Ms. Cortina Indian Rancheria and the Consolidate Tribe; Miwok Tribe of El Leslie Meyers, Area Manager, Phoenix Cortina Indian Rancheria of Wintun Dorado Rancheria; Nashville Enterprise Area Office, Bureau of Reclamation, Indians of California); Picayune Miwok-Maidu-Nishinam Tribe; and Tsi 6150 West Thunderbird Road, Glendale, Rancheria of the Chukchansi Indians of Akim Maidu. AZ 85306–4001. California; Santa Rosa Indian The University of the Pacific, Dugoni FOR FURTHER INFORMATION CONTACT: Ms. Community of the Santa Rosa School of Dentistry is responsible for Leslie Meyers, Bureau of Reclamation, Rancheria, California; Shingle Springs notifying The Consulted Tribes and Phoenix Area Office, 6150 West Band of Miwok Indians, Shingle Springs Groups and The Affiliated Tribes that Thunderbird Road, Glendale, AZ Rancheria (Verona Tract), California; this notice has been published. 85306–4001; telephone 623–773–6211; Susanville Indian Rancheria, California; Dated: April 23, 2020. facsimile 623–773–6480; email Table Mountain Rancheria (previously Melanie O’Brien, [email protected]. Persons who use a listed as Table Mountain Rancheria of Manager, National NAGPRA Program. telecommunications device for the deaf California); Tejon Indian Tribe; Tule may call the Federal Relay Service (Fed River Indian Tribe of the Tule River [FR Doc. 2020–11964 Filed 6–2–20; 8:45 am] BILLING CODE 4312–52–P Relay) at 1–800–877–8339 TTY/ASCII to Reservation, California; Tuolumne Band contact the above individual during of Me-Wuk Indians of the Tuolumne normal business hours or to leave a Rancheria of California; United Auburn message or question after hours. You Indian Community of the Auburn DEPARTMENT OF THE INTERIOR will receive a reply during normal Rancheria of California; Wilton Office of the Secretary business hours. Rancheria, California; Wiyot Tribe, California (previously listed as Table [RR03240000, XXXR4079G1, SUPPLEMENTARY INFORMATION: RX.03441994.0209100] Bluff Reservation—Wiyot Tribe); and Proposed Decision the Yocha Dehe Wintun Nation, Central Arizona Project, Arizona; Water California (previously listed as Rumsey The Department is publishing this Allocations Indian Rancheria of Wintun Indians of proposed decision of the reallocation of California) (hereafter referred to as ‘‘The AGENCY: Office of the Secretary, Interior. NIA priority CAP water in accordance Affiliated Tribes’’). ACTION: Notice; request for comments. with the Arizona Water Settlements Act (Settlements Act) (Pub. L. 108–451, 118 Additional Requestors and Disposition SUMMARY: The Department of the Stat. 3478), and the Secretary of the Lineal descendants or representatives Interior (Department) is proposing to Interior’s (Secretary) Final Decision of of any Indian Tribe or Native Hawaiian reallocate non-Indian agricultural (NIA) CAP Water Reallocation (71 FR 50449, organization not identified in this notice priority Central Arizona Project (CAP) August 25, 2006). The following table that wish to request transfer of control water in accordance with the Arizona lists the entities recommended by of these human remains should submit Department of Water Resources’ ADWR to receive NIA priority CAP a written request with information in (ADWR) recommendation for water and the quantities proposed to be support of the request to Dorothy reallocation, as provided by ADWR’s reallocated to each.

ADWR RECOMMENDATION FOR REALLOCATION OF NIA PRIORITY CAP WATER

Municipal pool Industrial pool Amount in Amount in State of Arizona entity acre-feet per State of Arizona entity acre-feet per year year

Carefree Water Company ...... 112 Viewpoint RV and Golf Resort ...... 400 Metropolitan Domestic Water Improvement District ..... 299 New Harquahala Generating Company ...... 400 Town of Cave Creek ...... 386 Rosemont Copper Company ...... 1,124 EPCOR—Sun City West ...... 1,000 Salt River Project ...... 2,160 Town of Queen Creek (Acquired H2O Water Com- 4,162 Resolution Copper Mining ...... 2,238 pany). Town of Marana ...... 515 Freeport-McMoRan-Sierrita Inc ...... 5,678 Apache Junction Water Utilities Community Facilities 817 ...... District. City of El Mirage ...... 1,318 ...... Town of Gilbert ...... 1,832 ...... City of Buckeye (Formerly was Town of Buckeye) ...... 2,786 ......

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ADWR RECOMMENDATION FOR REALLOCATION OF NIA PRIORITY CAP WATER—Continued

Municipal pool Industrial pool Amount in Amount in State of Arizona entity acre-feet per State of Arizona entity acre-feet per year year

Johnson Utilities ...... 3,217 ...... Central Arizona Groundwater Replenishment District 18,185 ...... Total NIA Priority CAP Water Reallocated to Munic- 34,629 Total NIA Priority CAP Water Reallocated to Industrial 12,000 ipal.

Total NIA Priority CAP Water To Be Reallocated ...... 46,629

Previous Notices Related to CAP Water CAP NIA water was allocated to 23 non- CAP water service subcontracts for Indian irrigation districts or other the reallocated water were not executed Previous notices related to CAP water agricultural entities as a percentage of for several reasons, including but not were published in the Federal Register the NIA water supply that was available limited to the following: (1) Some at 37 FR 28082, December 20, 1972; 40 in any given year. entities could not meet the financial FR 17297, April 18, 1975; 41 FR 45883, Two-party CAP water service feasibility requirements for receipt of October 18, 1976; 45 FR 52938, August contracts were executed between the CAP water; (2) lack of agreement on the 8, 1980; 45 FR 81265, December 10, United States and individual Indian form of the CAP water service 1980; 48 FR 12446, March 24, 1983; 56 tribes in 1980 pursuant to the 1980 subcontract, and (3) financial FR 28404, June 20, 1991; 56 FR 29704, ROD. CAP non-Indian M&I water difficulties in the CAP NIA sector. June 28, 1991; 57 FR 4470, February 5, service subcontracts and CAP NIA water Beginning in the early 1990s, long- 1992; 57 FR 48388, October 23, 1992; 65 service subcontracts were executed with term utilization of the CAP water FR 39177, June 23, 2000; 65 FR 43037, those entities desiring to enter into available for reallocation under the 1992 July 12, 2000; 67 FR 38514, June 4, subcontracts for CAP water. The CAP decision and of the uncontracted CAP 2002; 68 FR 36578, June 18, 2003; 69 FR water service subcontracts for the non- M&I priority water was a central issue 9378, February 27, 2004; and, 71 FR Indian M&I water and the NIA water are in negotiations to resolve various 50449, August 25, 2006. These notices three-party subcontracts among the operational and financial disputes and decisions were made pursuant to entity, the Central Arizona Water between Reclamation and CAWCD. the authority vested in the Secretary by Conservation District (CAWCD), and the After attempts at negotiations failed, the Reclamation Act of 1902, as Bureau of Reclamation (Reclamation). water contracting issues were included amended and supplemented (32 Stat. Some of the entities that were allocated in litigation and the resulting stipulated 388, 43 U.S.C. 391), the Boulder Canyon NIA water and M&I priority water settlement between the United States Project Act of December 21, 1928 (45 elected not to contract for the offered and CAWCD. To implement some of the Stat. 1057, 43 U.S.C. 617), the Colorado allocations. After completing the initial conditions contained in the stipulated River Basin Project Act of September 30, subcontracting process, 29.3 percent of settlement, new Federal legislation was 1968 (82 Stat. 885, 43 U.S.C. 1501), the the NIA water supply and 65,647 acre- required. Settlements Act, and in recognition of feet of M&I water was not under After the 1992 decision but before the Secretary’s trust responsibility to contract. Federal legislation was enacted, the Indian tribes. Congress enacted the Salt River Pima- Secretary published on June 4, 2002 (67 FR 38514), a notice of proposed Background of CAP Water Allocations Maricopa Indian Community Water Rights Settlement Act of 1988 (102 Stat. modification to the 1983 decision. The In a Record of Decision (ROD) 2558) (SRPMIC Act). Pursuant to section 1983 decision provided that the M&I published on March 24, 1983 (48 FR 11(h) of the SRPMIC Act, the Secretary allocation can be made more firm by 12446), the Secretary, among other was required to request a reallocation execution of feasible non-potable actions, superseded and replaced the recommendation from ADWR for the effluent exchanges with Indian tribes 1980 ROD (45 FR 81265, December 10, remaining NIA water that was not under and the M&I allocation was subject to 1980), reiterated the allocations to contract. The Secretary was also adoption of a pooling concept, whereby Indian tribes reflected in that 1980 ROD, required to reallocate the uncontracted all M&I entities share in the benefits of allocated CAP water for non-Indian CAP water for NIA use and to offer new effluent exchanges. The pooling concept municipal and industrial (M&I) uses, or amendatory subcontracts for such provision was included in the CAP M&I and allocated the remaining amount for water. water service subcontracts. The 2002 NIA uses. Subject to certain conditions, By letter dated January 7, 1991, proposed modification to the 1983 the CAP water for Indian uses was ADWR recommended an allocation to decision was to delete the mandatory allocated to 12 Indian tribes for the Secretary. The Secretary published a effluent pooling provision in M&I irrigation use or for maintaining tribal notice on June 20, 1991 (56 FR 28404), subcontracts with the cities of Chandler homelands. Also subject to certain inviting public comments on the and Mesa, and from other M&I water conditions, the CAP water for M&I uses proposed reallocation of CAP water. service subcontracts upon request. That was allocated based on the State of After considering the public comments, provision in the CAP M&I water service Arizona’s 1982 allocation the Secretary published a final decision subcontracts was an impediment to recommendations for non-Indian on February 5, 1992 (57 FR 4470). That effluent exchanges and effective water entities that provided an amount of CAP decision contemplated that new or management in central Arizona. After water for M&I use to certain non-Indian amendatory CAP water service review and consideration of the public entities, with the remaining amount of subcontracts would be offered soon comments, the final decision was CAP water allocated for NIA use. The thereafter. published on June 18, 2003 (68 FR

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36578), deleting the mandatory effluent Master Agreement to water users in of 2004 was signed on November 8, pooling provision. Pinal County, Arizona. The agricultural 2019. The Settlements Act was enacted on priority water reallocated to the ADWR December 10, 2004, and provides, shall be subject to the condition that the Rationale for Proposed Decision among other things, for: (1) A final water retain its non-Indian agricultural The Department is proposing to allocation of CAP water, with a CAP delivery priority. allocate CAP NIA water in accordance supply permanently designated for As required in Section Indian uses and a CAP supply 104(a)(2)(C)(i)(I) of the Settlements Act with ADWR’s recommendation. The designated for non-Indian M&I or NIA and the August 25, 2006 final ADWR recommendation covered the uses; (2) a reallocation by the Secretary reallocation decision, ADWR submitted initial phase, reallocating 46,629 acre- of 65,647 acre-feet of currently to the Secretary a recommendation for feet per year of NIA priority CAP water uncontracted CAP M&I water to 20 reallocation of agricultural priority of the 96,295 acre-feet per year to be specific M&I entities; (3) ratification of water. This recommendation was reallocated, as shown in the table above. the Arizona Water Settlement transmitted by letter dated January 16, The total of 46,629 acre-feet per year of Agreement (the ‘‘Master Agreement’’) 2014, and ADWR requested the CAP NIA priority water in this phase is among the United States, ADWR, and Secretary carry out all of the necessary in two pools: (1) A municipal pool of CAWCD, which provides a statutory- reviews of the proposed reallocation in 34,629 acre-feet for M&I water providers based framework to enable the CAP NIA accordance with applicable Federal law. within the CAP service area and the districts to relinquish existing rights to Reclamation prepared an Central Arizona Groundwater the delivery of CAP NIA priority water Environmental Assessment (EA) in Replenishment District, and (2) an under their CAP water service accordance with the National industrial pool of 12,000 acre-feet for subcontracts, including their rights, if Environmental Policy Act (NEPA) of industrial water users within the CAP any, to the reallocated water; and, (4) a 1969, as amended, and pursuant to service area. The rationale for the reallocation of the relinquished and Section 104 of the Settlements Act. proposed decision is based on the uncontracted NIA water supply to Public scoping was initiated on following: various Arizona Indian tribes and November 30, 2015, with a newsletter ADWR for future M&I use. that was sent to interested parties and (1) ADWR’s extensive public On August 25, 2006, the Secretary published on Reclamation’s website. outreach, in consultation with published a final reallocation decision Scoping comments were accepted via Reclamation, to interested parties (71 FR 50449) that, among other things, facsimile, email, U.S. mail, and in- regarding its recommendation. reallocated the CAP NIA water and the person at the scoping meetings, which (2) An EA evaluating impacts of the uncontracted CAP M&I water. The were held on December 8–10, 2015, in proposed reallocation, in accordance August 2006 reallocation decision is Phoenix, Casa Grande, and Tucson, with NEPA, and the resulting FONSI. summarized below: Arizona, respectively. Reclamation The Secretary’s decision reallocated received two public responses during The Final EA and FONSI can be up to 96,295 acre-feet of agricultural this initial scoping period, one of which found on Reclamation’s website at: priority water per year to ADWR, resulted in Reclamation honoring a https://www.usbr.gov/lc/phoenix/ pursuant to section 104(a)(2)(A) of the request for a comment period extension reports/reports.html. Settlements Act and subject to to January 18, 2016. Request for Public Comments subparagraph 9.3 of the Master In June 2016, Reclamation mailed Agreement, to be held under contract in Notices of Availability (NOA) of the We request public comments on the trust for further allocation pursuant to Draft Environmental Assessment (EA) to proposed reallocation prior to the section 104(a)(2)(C) of the Settlements Federal, state, and local agencies, Indian Department making a final decision. Act. Direct use of the agricultural tribes, organizations, proposed Our practice is to make comments, priority water by ADWR is prohibited recipients, and other interested including names and home addresses of under the Master Agreement and this stakeholders. A public meeting was held respondents, available for public notice. on June 22, 2016, in Casa Grande, review. Individual respondents may In accordance with section Arizona, and the commenting period request that we withhold their home 104(a)(2)(C) of the Settlements Act, closed on July 22, 2016. Reclamation address from public disclosure, which before water may be further allocated conducted in-person consultation with we will honor to the extent allowable by the Director of ADWR shall submit to the Tohono O’odham Nation on law. There also may be circumstances in the Secretary of the Interior a February 17, 2017, and with the San which we would withhold a recommendation for reallocation. After Carlos Apache Tribe on June 16, 2017. receiving the recommendation, the The draft EA was revised in response to respondent’s identity from public Secretary shall carry out all of the the comments received. A NOA for the disclosure, as allowable by law. If you necessary reviews for the proposed Final Environmental Assessment— wish for us to withhold your name and/ reallocation in accordance with Arizona Department of Water Resources or address, you must state this applicable Federal law. If the Director’s Recommendation for the Reallocation of prominently at the beginning of your recommendation is rejected, the Non-Indian Agricultural Priority Central comment. We will make all submissions Secretary shall request a revised Arizona Project Water in Accordance from organizations or businesses, and recommendation from the Director of with the Arizona Water Settlements Act from individuals identifying themselves ADWR and proceed with any reviews of 2004 was issued on November 15, as representatives or officials of required. 2019, and the Final Finding of No organizations or businesses, available The reallocation of agricultural Significant Impact—Arizona for public disclosure in their entirety. priority water to ADWR pursuant to Department of Water Resources section 104(a)(2)(A) and section Recommendation for the Reallocation of Timothy R. Petty, 104(a)(2)(C) of the Settlements Act is Non-Indian Agricultural Priority Central Assistant Secretary for Water and Science. subject to the Master Agreement, Arizona Project Water in Accordance [FR Doc. 2020–11906 Filed 6–2–20; 8:45 am] including certain rights provided by the with the Arizona Water Settlements Act BILLING CODE 4332–90–P

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DEPARTMENT OF THE INTERIOR A Federal Register notice with a 60- member of advisory boards or day public comment period soliciting commissions established in accordance Office of Surface Mining Reclamation comments on this collection of with state law or regulation to represent and Enforcement information was published on March multiple interests who performs any [S1D1S SS08011000 SX064A000 10, 2020 (85 FR 13921). No comments function or duty under the Surface 201S180110; S2D2S SS08011000 were received. Mining Control and Reclamation Act. SX064A000 20XS501520; OMB Control As part of our continuing effort to Total Estimated Number of Annual Number 1029–0067] reduce paperwork and respondent Respondents: 2,220. burdens, we are again soliciting Total Estimated Number of Annual Agency Information Collection comments from the public and other Responses: 4,464. Activities; Submission to the Office of Federal agencies on the proposed ICR Estimated Completion Time per Management and Budget for Review that is described below. We are Response: Varies from 5 minutes to 30 and Approval; Restrictions on especially interested in public comment minutes. Financial Interests of State Employees addressing the following: Total Estimated Number of Annual (1) Whether or not the collection of Burden Hours: 382. AGENCY: Office of Surface Mining information is necessary for the proper Respondent’s Obligation: Required to Reclamation and Enforcement, Interior. performance of the functions of the obtain or retain a benefit. ACTION: Notice of Information agency, including whether or not the Frequency of Collection: Annually. Collection; request for comment. information will have practical utility; Total Estimated Annual Nonhour (2) The accuracy of our estimate of the Burden Cost: None. SUMMARY: In accordance with the burden for this collection of Paperwork Reduction Act of 1995, we, An agency may not conduct or information, including the validity of the Office of Surface Mining sponsor and a person is not required to the methodology and assumptions used; Reclamation and Enforcement (OSMRE) respond to a collection of information (3) Ways to enhance the quality, unless it displays a currently valid OMB are proposing to renew an information utility, and clarity of the information to collection. control number. be collected; and The authority for this action is the DATES: Interested persons are invited to (4) How might the agency minimize Paperwork Reduction Act of 1995 (44 submit comments on or before July 6, the burden of the collection of U.S.C. 3501 et seq.). 2020. information on those who are to Mark J. Gehlhar, ADDRESSES: Written comments and respond, including through the use of recommendations for the proposed appropriate automated, electronic, Information Collection Clearance Officer, Division of Regulatory Support. information collection should be sent mechanical, or other technological within 30 days of publication of this collection techniques or other forms of [FR Doc. 2020–11956 Filed 6–2–20; 8:45 am] notice to www.reginfo.gov/public/do/ information technology, e.g., permitting BILLING CODE 4310–05–P PRAMain. Find this particular electronic submission of response. information collection by selecting Comments that you submit in DEPARTMENT OF THE INTERIOR ‘‘Currently under 30-day Review—Open response to this notice are a matter of for Public Comments’’ or by using the public record. Before including your address, phone number, email address, Office of Surface Mining Reclamation search function. Please provide a copy and Enforcement of your comments to Mark Gehlhar, or other personal identifying Office of Surface Mining Reclamation information in your comment, you [S1D1S SS08011000 SX064A000 and Enforcement, 1849 C Street NW, should be aware that your entire 201S180110; S2D2S SS08011000 Room 4556–MIB, Washington, DC comment—including your personal SX064A000 20XS501520; OMB Control Number 1029–0055] 20240; or by email to mgehlhar@ identifying information—may be made publicly available at any time. While osmre.gov. Please reference OMB Agency Information Collection you can ask us in your comment to Control Number 1029–0067 in the Activities; Submission to the Office of withhold your personal identifying subject line of your comments. Management and Budget for Review information from public review, we FOR FURTHER INFORMATION CONTACT: To and Approval; Rights of Entry request additional information about cannot guarantee that we will be able to this ICR, contact Mark Gehlhar by email do so. AGENCY: Office of Surface Mining Abstract: Respondents are state at [email protected], or by telephone Reclamation and Enforcement, Interior. employees who supply information on at (202) 208–2716. You may also view ACTION: Notice of information collection; employment and financial interests. The the ICR at http://www.reginfo.gov/ request for comment. purpose of the collection is to ensure public/do/PRAMain. compliance with section 517(g) of the SUMMARY: In accordance with the SUPPLEMENTARY INFORMATION: In Surface Mining Control and Paperwork Reduction Act of 1995, we, accordance with the PRA and 5 CFR Reclamation Act of 1977, which places the Office of Surface Mining 1320.8(d)(1), we provide the general an absolute prohibition on having a Reclamation and Enforcement (OSMRE) public and other Federal agencies with direct or indirect financial interest in are proposing to renew an information an opportunity to comment on new, underground or surface coal mining collection. proposed, revised, and continuing operations. DATES: Interested persons are invited to collections of information. This helps us Title of Collection: Restrictions on assess the impact of our information submit comments on or before July 6, financial interests of state employees. 2020. collection requirements and minimize OMB Control Number: 1029–0067. the public’s reporting burden. It also Form Number: None. ADDRESSES: Written comments and helps the public understand our Type of Review: Extension of a recommendations for the proposed information collection requirements and currently approved collection. information collection should be sent provide the requested data in the Respondents/Affected Public: Any within 30 days of publication of this desired format. state regulatory authority employee or notice to www.reginfo.gov/public/do/

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PRAMain. Find this particular Comments that you submit in DEPARTMENT OF THE INTERIOR information collection by selecting response to this notice are a matter of ‘‘Currently under 30-day Review—Open public record. Before including your Office of Surface Mining Reclamation for Public Comments’’ or by using the address, phone number, email address, and Enforcement search function. Please provide a copy or other personal identifying [S1D1S SS08011000 SX064A000 of your comments to Mark Gehlhar, information in your comment, you 201S180110; S2D2S SS08011000 Office of Surface Mining Reclamation should be aware that your entire SX064A000 20XS501520; OMB Control and Enforcement, 1849 C. Street NW, comment—including your personal Number 1029–0114] Room 4556–MIB, Washington, DC identifying information—may be made 20240; or by email to mgehlhar@ Agency Information Collection publicly available at any time. While osmre.gov. Please reference OMB Activities; Submission to the Office of you can ask us in your comment to Control Number 1029–0055 in the Management and Budget for Review subject line of your comments. withhold your personal identifying and Approval; Technical Evaluation information from public review, we FOR FURTHER INFORMATION CONTACT: To Surveys cannot guarantee that we will be able to request additional information about do so. AGENCY: Office of Surface Mining this ICR, contact Mark Gehlhar by email Reclamation and Enforcement, Interior. at [email protected], or by telephone Abstract: This regulation establishes at (202) 208–2716. You may also view procedures for non-consensual entry ACTION: Notice of information collection; the ICR at http://www.reginfo.gov/ upon private lands for the purpose of request for comment. public/do/PRAMain. abandoned mine land reclamation SUMMARY: In accordance with the SUPPLEMENTARY INFORMATION: In activities or exploratory studies when Paperwork Reduction Act of 1995, we, accordance with the PRA and 5 CFR the landowner refuses consent or is not the Office of Surface Mining 1320.8(d)(1), we provide the general available. Reclamation and Enforcement (OSMRE) public and other Federal agencies with Title of Collection: Rights of Entry. are proposing to renew an information an opportunity to comment on new, collection. proposed, revised, and continuing OMB Control Number: 1029–0055. DATES: Interested persons are invited to collections of information. This helps us Form Number: None. submit comments on or before July 6, assess the impact of our information Type of Review: Extension of a 2020. collection requirements and minimize currently approved collection. the public’s reporting burden. It also ADDRESSES: Written comments and helps the public understand our Respondents/Affected Public: State recommendations for the proposed information collection requirements and and Tribal abandoned mine land information collection should be sent provide the requested data in the reclamation agencies. within 30 days of publication of this desired format. Total Estimated Number of Annual notice to www.reginfo.gov/public/do/ A Federal Register notice with a 60- Respondents: 8. PRAMain. Find this particular day public comment period soliciting information collection by selecting comments on this collection of Total Estimated Number of Annual ‘‘Currently under 30-day Review—Open information was published on March Responses: 352. for Public Comments’’ or by using the 10, 2020 (85 FR 13920). No comments Estimated Completion Time per search function. Please provide a copy were received. Response: 4.5 hours. of your comments to Mark Gehlhar, As part of our continuing effort to Total Estimated Number of Annual Office of Surface Mining Reclamation reduce paperwork and respondent and Enforcement, 1849 C Street NW, Burden Hours: 1,584. burdens, we are again soliciting Room 4556–MIB, Washington, DC comments from the public and other Respondent’s Obligation: Required to 20240; or by email to mgehlhar@ Federal agencies on the proposed ICR obtain or retain a benefit. osmre.gov. Please reference OMB that is described below. We are Frequency of Collection: Annually. Control Number 1029–0114 in the especially interested in public comment subject line of your comments. Total Estimated Annual Nonhour addressing the following: FOR FURTHER INFORMATION CONTACT: To (1) Whether or not the collection of Burden Cost: $2,500. request additional information about information is necessary for the proper An agency may not conduct or this ICR, contact Mark Gehlhar by email performance of the functions of the sponsor and a person is not required to at [email protected], or by telephone agency, including whether or not the respond to a collection of information at (202) 208–2716. You may also view information will have practical utility; unless it displays a currently valid OMB the ICR at http://www.reginfo.gov/ (2) The accuracy of our estimate of the control number. burden for this collection of public/do/PRAMain. information, including the validity of The authority for this action is the SUPPLEMENTARY INFORMATION: In the methodology and assumptions used; Paperwork Reduction Act of 1995 (44 accordance with the PRA and 5 CFR (3) Ways to enhance the quality, U.S.C. 3501 et seq.). 1320.8(d)(1), we provide the general utility, and clarity of the information to public and other Federal agencies with Mark J. Gehlhar, be collected; and an opportunity to comment on new, (4) How might the agency minimize Information Collection Clearance Officer, proposed, revised, and continuing the burden of the collection of Division of Regulatory Support. collections of information. This helps us information on those who are to [FR Doc. 2020–11955 Filed 6–2–20; 8:45 am] assess the impact of our information respond, including through the use of BILLING CODE 4310–05–P collection requirements and minimize appropriate automated, electronic, the public’s reporting burden. It also mechanical, or other technological helps the public understand our collection techniques or other forms of information collection requirements and information technology, e.g., permitting provide the requested data in the electronic submission of response. desired format.

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A Federal Register notice with a 60- Title of Collection: Technical FR 49763, September 23, 2019). Notice day public comment period soliciting Evaluation Surveys. of the scheduling of the Commission’s comments on this collection of OMB Control Number: 1029–0114. review and of a public hearing to be information was published on March Form Number: None. held in connection therewith was given 10, 2020 (85 FR 13922). No comments Type of Review: Extension of a by posting copies of the notice in the were received. currently approved collection. Office of the Secretary, U.S. As part of our continuing effort to Respondents/Affected Public: International Trade Commission, reduce paperwork and respondent Individuals who request information or Washington, DC, and by publishing the burdens, we are again soliciting assistance, although generally States notice in the Federal Register on comments from the public and other and Tribal employees. December 10, 2019 (84 FR 67475). In Federal agencies on the proposed ICR Total Estimated Number of Annual light of the restrictions on access to the that is described below. We are Respondents: 222. Commission building due to the especially interested in public comment Total Estimated Number of Annual COVID–19 pandemic, and in accordance addressing the following: Responses: 222. with 19 U.S.C. 1677c(a)(1), the (1) Whether or not the collection of Estimated Completion Time per Commission did not cancel its hearing information is necessary for the proper Response: 5 minutes. scheduled for March 31, 2020, but performance of the functions of the Total Estimated Number of Annual conducted its hearing through a series of agency, including whether or not the Burden Hours: 19 hours. written questions, submissions of information will have practical utility; Respondent’s Obligation: Required to written testimony, written responses to (2) The accuracy of our estimate of the obtain or retain a benefit. questions, posthearing briefs, and burden for this collection of Frequency of Collection: Annually. closing statements presented via video information, including the validity of Total Estimated Annual Nonhour and teleconference; all persons who the methodology and assumptions used; Burden Cost: None. requested the opportunity were (3) Ways to enhance the quality, An agency may not conduct or permitted to participate. utility, and clarity of the information to sponsor and a person is not required to The Commission made this be collected; and respond to a collection of information (4) How might the agency minimize determination pursuant to section unless it displays a currently valid OMB the burden of the collection of 751(c) of the Act (19 U.S.C. 1675(c)). It control number. information on those who are to completed and filed its determination in The authority for this action is the respond, including through the use of this review on May 28, 2020. The views Paperwork Reduction Act of 1995 (44 appropriate automated, electronic, of the Commission are contained in U.S.C. 3501 et seq.). mechanical, or other technological USITC Publication 5058 (May 2020), collection techniques or other forms of Mark J. Gehlhar, entitled Silicon Metal from Russia: Investigation No. 731–TA–991 (Third information technology, e.g., permitting Information Collection Clearance Officer, electronic submission of response. Division of Regulatory Support. Review). Comments that you submit in [FR Doc. 2020–11958 Filed 6–2–20; 8:45 am] By order of the Commission. response to this notice are a matter of BILLING CODE 4310–05–P Issued: May 28, 2020. public record. Before including your Lisa Barton, address, phone number, email address, Secretary to the Commission. or other personal identifying INTERNATIONAL TRADE [FR Doc. 2020–11914 Filed 6–2–20; 8:45 am] information in your comment, you COMMISSION should be aware that your entire BILLING CODE 7020–02–P comment—including your personal [Investigation No. 731–TA–991 (Third identifying information—may be made Review)] publicly available at any time. While Silicon Metal From Russia DEPARTMENT OF JUSTICE you can ask us in your comment to withhold your personal identifying Determination information from public review, we [OMB Number 1117–0013] On the basis of the record 1 developed cannot guarantee that we will be able to in the subject five-year review, the Agency Information Collection do so. Activities; Proposed eCollection, Abstract: This series of surveys is United States International Trade Commission (‘‘Commission’’) eComments Requested; Extension needed to ensure that technical Without Change of a Previously assistance activities, technology transfer determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the Approved Collection; Application for activities and technical forums are Permit To Import Controlled useful for those who participate or antidumping duty order on silicon metal from Russia would be likely to Substances for Domestic and/or receive the assistance. Specifically, Scientific Purposes; DEA Form 357 representatives from State and Tribal lead to continuation or recurrence of material injury to an industry in the regulatory and reclamation authorities, AGENCY: Drug Enforcement United States within a reasonably representatives of industry, Administration, Department of Justice. foreseeable time. environmental or citizen groups, or the ACTION: 60-Day notice. public, are the recipients of the Background assistance or participants in these SUMMARY: The Commission instituted this The Department of Justice forums. These surveys will be the review on June 3, 2019 (84 FR 25561) (DOJ), Drug Enforcement primary means through which OSMRE and determined on September 6, 2019 Administration (DEA), will be evaluates its performance in meeting the that it would conduct a full review (84 submitting the following information performance goals outlined in its annual collection request to the Office of plans developed pursuant to the 1 The record is defined in sec. 207.2(f) of the Management and Budget (OMB) for Government Performance and Results Commission’s Rules of Practice and Procedure (19 review and approval in accordance with Act. CFR 207.2(f)). the Paperwork Reduction Act of 1995.

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DATES: Comments are encouraged and Affected public (Primary): Business or DEPARTMENT OF JUSTICE will be accepted for 60 days until other for-profit. [OMB Number 1117–0024] August 3, 2020. Affected public (Other): None. FOR FURTHER INFORMATION CONTACT: If Abstract: Section 1002 of the Agency Information Collection you have comments on the estimated Controlled Substances Import and Activities; Proposed eCollection, public burden or associated response eComments Requested; Extension Export Act (CSIEA) (21 U.S.C. 952) and time, suggestions, or need a copy of the Without Change of a Previously Title 21, Code of Federal Regulations proposed information collection Approved Collection; Report of Loss (21 CFR), Sections 1312.11, 1312.12 and instrument with instructions or or Disappearance of Listed Chemicals additional information, please contact 1312.13 requires any person who and Regulated Transactions in Scott A. Brinks, Regulatory Drafting and desires to import controlled substances Tableting/Encapsulating Machines; Policy Support Section, Drug listed in schedules I or II, any narcotic DEA Forms 107, 452 Enforcement Administration; Mailing substance listed in schedules III or IV, Address: 8701 Morrissette Drive, or any non-narcotic substance in AGENCY: Drug Enforcement Springfield, Virginia 22152; Telephone: schedule III which the Administrator Administration, Department of Justice. (571) 362–3261. has specifically designated by regulation ACTION: 60-Day notice. SUPPLEMENTARY INFORMATION: in § 1312.30, or any nonnarcotic Written SUMMARY: The Department of Justice substance in schedule IV or V which is comments and suggestions from the (DOJ), Drug Enforcement also listed in schedule I or II of the public and affected agencies concerning Administration (DEA), will be the proposed collection of information Convention on Psychotropic submitting the following information are encouraged. Your comments should Substances, must have an import collection request to the Office of address one or more of the following permit. To obtain the permit to import Management and Budget (OMB) for four points: controlled substances for domestic and review and approval in accordance with —Evaluate whether the proposed or scientific purposes, an application for the Paperwork Reduction Act of 1995. collection of information is necessary the permit must be made to DEA on DATES: Comments are encouraged and for the proper performance of the DEA Form 357. will be accepted for 60 days until functions of the agency, including 5. An estimate of the total number of August 3, 2020. whether the information will have respondents and the amount of time FOR FURTHER INFORMATION CONTACT: If practical utility; estimated for an average respondent to —Evaluate the accuracy of the agency’s you have comments on the estimated respond: DEA estimates that 171 estimate of the burden of the public burden or associated response registrants participate in this proposed collection of information, time, suggestions, or need a copy of the including the validity of the information collection, taking an proposed information collection methodology and assumptions used; estimated 0.26 hours per registrant instrument with instructions or —Evaluate whether and if so how the annually. additional information, please contact quality, utility, and clarity of the 6. An estimate of the total public Scott Brinks, Diversion Control Division, Drug Enforcement information proposed to be collected burden (in hours) associated with the Administration; Mailing Address: 8701 can be enhanced; and proposed collection: DEA estimates the Morrissette Drive, Springfield, Virginia —Minimize the burden of the collection total public burden (in hours) associated 22152; Telephone: (571) 362–3261. of information on those who are to with this collection: 497 annual burden SUPPLEMENTARY INFORMATION: respond, including through the use of hours. appropriate automated, electronic, Written comments and suggestions mechanical, or other forms of If additional information is required from the public and affected agencies information technology, e.g., please contact: Melody Braswell, concerning the proposed collection of permitting electronic submission of Department Clearance Officer, United information are encouraged. Your responses. States Department of Justice, Justice comments should address one or more Management Division, Policy and of the following four points: Overview of This Information Planning Staff, Two Constitution —Evaluate whether the proposed Collection Square, 145 N Street NE, Suite 3E.405B, collection of information is necessary 1. Type of Information Collection: Washington, DC 20530. for the proper performance of the Extension of a currently approved Dated: May 28, 2020. functions of the agency, including collection. whether the information will have Melody Braswell, 2. Title of the Form/Collection: practical utility; Application for Permit to Import Department Clearance Officer for PRA, U.S. —Evaluate the accuracy of the agency’s Controlled Substances for Domestic Department of Justice. estimate of the burden of the and/or Scientific Purposes Pursuant to [FR Doc. 2020–11923 Filed 6–2–20; 8:45 am] proposed collection of information, 21 U.S.C. 952. BILLING CODE 4410–09–P including the validity of the 3. The agency form number, if any, methodology and assumptions used; and the applicable component of the —Evaluate whether and if so how the Department sponsoring the collection: quality, utility, and clarity of the DEA Form: 357. The applicable information proposed to be collected component within the Department of can be enhanced; and Justice is the Drug Enforcement —Minimize the burden of the collection Administration, Office of Diversion of information on those who are to Control. respond, including through the use of 4. Affected public who will be asked appropriate automated, electronic, or required to respond, as well as a brief mechanical, or other forms of abstract: information technology, e.g.,

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permitting electronic submission of Square, 145 N Street NE, Suite 3E.405B, information proposed to be collected responses. Washington, DC 20530. can be enhanced; and —Minimize the burden of the collection Overview of This Information Dated: May 28, 2020. of information on those who are to Collection Melody Braswell, respond, including through the use of 1. Type of Information Collection: Department Clearance Officer for PRA, U.S. Department of Justice. appropriate automated, electronic, Extension of a currently approved mechanical, or other forms of [FR Doc. 2020–11932 Filed 6–2–20; 8:45 am] collection. information technology, e.g., 2. Title of the Form/Collection: Report BILLING CODE 4410–09–P permitting electronic submission of of Loss or Disappearance of Listed responses. Chemicals and Regulated Transactions DEPARTMENT OF JUSTICE in Tableting/Encapsulating Machines. Overview of This Information Collection 3. The agency form number, if any, [OMB Number 1117–0023] and the applicable component of the 1. Type of Information Collection: Department sponsoring the collection: Agency Information Collection Extension of a currently approved DEA Forms 107 and 452. The applicable Activities; Proposed eCollection, collection. eComments Requested; Extension component within the Department of 2. Title of the Form/Collection: Without Change of a Previously Justice is the Drug Enforcement Import/Export Declaration for List I and Approved Collection, Import/Export Administration, Office of Diversion List II Chemicals. Declaration for List I and List II Control. 3. The agency form number, if any, Chemicals, DEA Forms 486, 486A 4. Affected public who will be asked and the applicable component of the or required to respond, as well as a brief AGENCY: Drug Enforcement Department sponsoring the collection: abstract: Administration, Department of Justice. DEA Forms: 486, 486A. The applicable Affected public (Primary): Business or ACTION: 60-Day notice. component within the Department of other for-profit. Justice is the Drug Enforcement Affected public (Other): Not-for-profit SUMMARY: The Department of Justice Administration, Office of Diversion institutions; Federal, State, local, and (DOJ), Drug Enforcement Control. tribal governments. Administration (DEA), will be 4. Affected public who will be asked Abstract: Each regulated person is submitting the following information or required to respond, as well as a brief required to report any unusual or collection request to the Office of abstract: Affected public (Primary): excessive loss or disappearance of a Management and Budget (OMB) for Business or other for-profit. listed chemical, and any regulated review and approval in accordance with Affected public (Other): Not-for-profit transaction in a tableting or the Paperwork Reduction Act of 1995. institutions; Federal, State, local, and encapsulating machine, to include any DATES: Comments are encouraged and tribal governments. domestic regulated transaction in a will be accepted for 60 days until Abstract: Section 1018 of the tableting or encapsulating machine and August 3, 2020. Controlled Substances Import and any import or export of a tableting or FOR FURTHER INFORMATION CONTACT: If Export Act (CSIEA) (21 U.S.C. 971) and encapsulating machine. 21 U.S.C. 830 you have comments on the estimated Title 21 Code of Federal Regulations (21 (b)(1)(A), (C) and (D); 21 CFR public burden or associated response CFR) Part 1313 require any persons who 1310.05(a)(1), (3)–(4); 21 CFR time, suggestions, or need a copy of the import, export, or conduct international 1310.05(c). proposed information collection transactions involving list I and list II Regulated persons include instrument with instructions or chemicals are required to establish a manufacturers, distributors, importers, additional information, please contact system of recordkeeping and report and exporters of listed chemicals, Scott Brinks, Diversion Control certain information regarding those tableting machines, or encapsulating Division, Drug Enforcement transactions to DEA. The chemicals machines, or persons who serve as Administration; Mailing Address: 8701 subject to control are used in the brokers or traders for international Morrissette Drive, Springfield, Virginia clandestine manufacture of controlled transactions involving a listed chemical, 22152; Telephone: (571) 362–3261. substances. The reports of domestic, tableting machine, or encapsulating SUPPLEMENTARY INFORMATION: Written import, and export regulated machine. 21 CFR 1300.02(b). Both comments and suggestions from the transactions in listed chemicals are reports will be submitted electronically. public and affected agencies concerning submitted electronically through the 5. An estimate of the total number of the proposed collection of information Diversion Control Division secure respondents and the amount of time are encouraged. Your comments should network application. Any person who estimated for an average respondent to address one or more of the following desires to import non-narcotic respond: DEA estimates that 2,331 four points: substances in schedules III, IV, and V persons respond as needed to this —Evaluate whether the proposed must electronically file their return collection. Responses take 20 minutes. collection of information is necessary information. Any person who desires to 6. An estimate of the total public for the proper performance of the export non-narcotic substances in burden (in hours) associated with the functions of the agency, including schedules III and IV and any other proposed collection: DEA estimates that whether the information will have substance in schedule V is also required this collection takes 1,276 annual practical utility; to electronically file a controlled burden hours. —Evaluate the accuracy of the agency’s substances import declaration/ If additional information is required estimate of the burden of the controlled substance export invoice. please contact: Melody Braswell, proposed collection of information, 5. An estimate of the total number of Department Clearance Officer, United including the validity of the respondents and the amount of time States Department of Justice, Justice methodology and assumptions used; estimated for an average respondent to Management Division, Policy and —Evaluate whether and if so how the respond: The below table presents Planning Staff, Two Constitution quality, utility, and clarity of the information regarding the number of

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respondents, responses and associated burden hours.

Number of Number of annual annual Average time per response Total annual respondents responses (hours) hours

DEA–486—Import ...... 132 2,153 0.33 (20 minutes) ...... 718 DEA–486—Export ...... 227 13,142 0.28 (17 minutes) ...... 3,724 DEA–486—International ...... 20 424 0.28 (17 minutes) ...... 120 DEA–486A—Import ...... 38 697 0.40 (24 minutes) ...... 279

Total ...... 417 16,416 ...... 4,840

6. An estimate of the total public proposed information collection The applicable component within the burden (in hours) associated with the instrument with instructions or Department of Justice is the Drug proposed collection: DEA estimates that additional information, please contact Enforcement Administration, Office of this collection takes 4,840 annual Scott A. Brinks, Regulatory Drafting and Diversion Control. burden hours. Policy Support Section, Drug 4. Affected public who will be asked If additional information is required Enforcement Administration; Mailing or required to respond, as well as a brief please contact: Melody Braswell, Address: 8701 Morrissette Drive, abstract: Department Clearance Officer, United Springfield, Virginia 22152; Telephone: Affected public (Primary): Business or States Department of Justice, Justice (571) 362–3261. other for-profit. Management Division, Policy and SUPPLEMENTARY INFORMATION: Written Affected public (Other): Not-for-profit Planning Staff, Two Constitution comments and suggestions from the institutions; Federal, State, local, and Square, 145 N Street NE, Suite 3E.405B, public and affected agencies concerning tribal governments. Washington, DC 20530. the proposed collection of information Abstract: Title 21, Code of Federal Regulations (21 CFR), Sections 1312.21 Dated: May 28, 2020. are encouraged. Your comments should and 1312.22 require that any person Melody Braswell, address one or more of the following four points: who desires to export or reexport Department Clearance Officer for PRA, U.S. controlled substances listed in Department of Justice. —Evaluate whether the proposed schedules I or II, any narcotic substance [FR Doc. 2020–11927 Filed 6–2–20; 8:45 am] collection of information is necessary listed in schedules III or IV, or any non- BILLING CODE 4410–09–P for the proper performance of the narcotic substance in schedule III which functions of the agency, including the Administrator has specifically whether the information will have designated by regulation in § 1312.30, or DEPARTMENT OF JUSTICE practical utility; any non-narcotic substance in schedule [OMB Number 1117–0004] —Evaluate the accuracy of the agency’s IV or V which is also listed in schedule estimate of the burden of the I or II of the Convention on Agency Information Collection proposed collection of information, Psychotropic Substances, must have an Activities; Proposed eCollection, including the validity of the export permit. eComments Requested; Extension methodology and assumptions used; 5. An estimate of the total number of Without Change of a Previously —Evaluate whether and if so how the respondents and the amount of time Approved Collection Application for quality, utility, and clarity of the estimated for an average respondent to Permit To Export Controlled information proposed to be collected respond: DEA estimates that 127 Substances, Application for Permit To can be enhanced; and respondents, with 7,282 responses Export Controlled Substances for —Minimize the burden of the collection annually to this collection. DEA Subsequent Reexport DEA Forms 161, of information on those who are to estimates that it takes .52719 hours to 161R, 161R–EEA respond, including through the use of complete the form. appropriate automated, electronic, 6. An estimate of the total public AGENCY: Drug Enforcement mechanical, or other forms of burden (in hours) associated with the Administration, Department of Justice. information technology, e.g., proposed collection: DEA estimates that ACTION: 60-Day notice. permitting electronic submission of this collection takes 3,839 annual responses. SUMMARY: The Department of Justice burden hours. (DOJ), Drug Enforcement Overview of This Information If additional information is required Administration (DEA), will be Collection please contact: Melody Braswell, submitting the following information Department Clearance Officer, United 1. Type of Information Collection: States Department of Justice, Justice collection request to the Office of Extension of a currently approved Management and Budget (OMB) for Management Division, Policy and collection. Planning Staff, Two Constitution review and approval in accordance with 2. Title of the Form/Collection: the Paperwork Reduction Act of 1995. Square, 145 N Street NE, Suite 3E.405B, Application for Permit to Export Washington, DC 20530. DATES: Comments are encouraged and Controlled Substances; Application for will be accepted for 60 days until Permit to Export Controlled Substances Dated: May 28, 2020. August 3, 2020. for Subsequent Reexport. Melody Braswell, FOR FURTHER INFORMATION CONTACT: If 3. The agency form number, if any, Department Clearance Officer for PRA, U.S. you have comments on the estimated and the applicable component of the Department of Justice. public burden or associated response Department sponsoring the collection: [FR Doc. 2020–11924 Filed 6–2–20; 8:45 am] time, suggestions, or need a copy of the DEA Forms: 161, 161R, and 161R–EEA. BILLING CODE 4410–09–P

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DEPARTMENT OF JUSTICE permitting electronic submission of DEPARTMENT OF JUSTICE responses. [OMB Number 1117–0009] Bureau of Justice Statistics Overview of This Information [OMB Number 1121–0064] Agency Information Collection Collection Activities; Proposed eCollection, 1. Type of Information Collection: Agency Information Collection eComments Requested; Extension Activities; Proposed eCollection Without Change of a Previously Extension of a currently approved collection. eComments Requested; Extension of a Approved Collection Controlled Currently Approved Collection: Annual Substances Import/Export Declaration; 2. Title of the Form/Collection: Parole Survey, Annual Probation DEA Form 236 Controlled Substances Import/Export Survey Declaration (DEA Form 236). AGENCY: Drug Enforcement AGENCY: Bureau of Justice Statistics, 3. The agency form number, if any, Administration, Department of Justice. Department of Justice. and the applicable component of the ACTION: 60-Day notice. Department sponsoring the collection: ACTION: 60-Day notice. SUMMARY: The Department of Justice Form Number: DEA Form 236. The SUMMARY: The Department of Justice (DOJ), Drug Enforcement Department of Justice component is the (DOJ), Office of Justice Programs, Administration (DEA), will be Drug Enforcement Administration, Bureau of Justice Statistics, will be submitting the following information Office of Diversion Control. submitting the following information collection request to the Office of 4. Affected public who will be asked collection request to the Office of Management and Budget (OMB) for or required to respond, as well as a brief Management and Budget (OMB) for review and approval in accordance with abstract: review and approval in accordance with the Paperwork Reduction Act of 1995. the Paperwork Reduction Act of 1995. Affected public (Primary): Business or DATES: Comments are encouraged and DATES: other for-profit. Comments are encouraged and will be accepted for 60 days until will be accepted for 60 days until August 3, 2020. Affected public (Other): None. August 3, 2020. FOR FURTHER INFORMATION CONTACT: If Abstract: DEA Form 236 enables DEA FOR FURTHER INFORMATION CONTACT: If you have comments on the estimated to monitor and control the importation you have additional comments public burden or associated response and exportation of controlled especially on the estimated public time, suggestions, or need a copy of the substances. Analysis of these documents burden or associated response time, proposed information collection provides DEA with important suggestions, or need a copy of the instrument with instructions or intelligence regarding the international proposed information collection additional information, please contact commerce in controlled substances and instrument with instructions or Scott A. Brinks, Regulatory Drafting & assists in the identification of suspected additional information, please contact Policy Support Section, Drug points of diversion. Barbara Oudekerk, Statistician, Bureau Enforcement Administration; Mailing of Justice Statistics, 810 Seventh Street 5. An estimate of the total number of Address: 8701 Morrissette Drive, NW, Washington, DC 20531 (email: Springfield, Virginia 22152; Telephone: respondents and the amount of time [email protected]; (571) 362–3261. estimated for an average respondent to telephone: 202–616–3904). respond: DEA estimates that there are SUPPLEMENTARY INFORMATION: Written SUPPLEMENTARY INFORMATION: Written 323 total respondents for this comments and suggestions from the comments and suggestions from the public and affected agencies concerning information collection. In total, 323 public and affected agencies concerning the proposed collection of information respondents submit 8,154 responses, the proposed collection of information are encouraged. Your comments should with each response taking 15 minutes to are encouraged. Your comments should address one or more of the following complete. address one or more of the following four points: 6. An estimate of the total public four points: —Evaluate whether the proposed burden (in hours) associated with the —Evaluate whether the proposed collection of information is necessary proposed collection: DEA estimates that collection of information is necessary for the proper performance of the this collection takes 2,039 annual for the proper performance of the functions of the agency, including burden hours. functions of the Bureau of Justice whether the information will have If additional information is required Statistics, including whether the practical utility; please contact: Melody Braswell, information will have practical utility; —Evaluate the accuracy of the agency’s Department Clearance Officer, United —Evaluate the accuracy of the agency’s estimate of the burden of the estimate of the burden of the States Department of Justice, Justice proposed collection of information, proposed collection of information, Management Division, Policy and including the validity of the including the validity of the Planning Staff, Two Constitution methodology and assumptions used; methodology and assumptions used; —Evaluate whether and if so how the Square, 145 N Street NE, Suite 3E.405B, —Evaluate whether and if so how the quality, utility, and clarity of the Washington, DC 20530. quality, utility, and clarity of the information proposed to be collected Dated: May 28, 2020. information to be collected can be can be enhanced; and Melody Braswell, enhanced; and —Minimize the burden of the collection Department Clearance Officer for PRA, U.S. —Minimize the burden of the collection of information on those who are to Department of Justice. of information on those who are to respond, including through the use of respond, including through the use of [FR Doc. 2020–11922 Filed 6–2–20; 8:45 am] appropriate automated, electronic, appropriate automated, electronic, mechanical, or other forms of BILLING CODE 4410–09–P mechanical, or other technological information technology, e.g., collection techniques or other forms

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of information technology, e.g., 6. An estimate of the total public (2) The second criterion (set forth in permitting electronic submission of burden (in hours) associated with the Section 222(a)(2) of the Act, 19 U.S.C. responses. collection: There is an estimated 1,001 2272(a)(2)) may be satisfied by either (A) total burden hours associated with this the Increased Imports Path, or (B) the Overview of This Information collection, with an additional 287 hours Shift in Production or Services to a Collection in 2020 for the COVID–19 questions. Foreign Country Path/Acquisition of 1. Type of Information Collection: The total burden for the 2020 data Articles or Services from a Foreign Extension of a currently approved collection is 1,288. Country Path, as follows: collection. If additional information is required (A) Increased Imports Path: 2. The Title of the Form/Collection: contact: Melody Braswell, Department (i) The sales or production, or both, of Annual Parole Survey, Annual Clearance Officer, United States such firm, have decreased absolutely; Probation Survey. Department of Justice, Justice AND (ii and iii below) 3. The agency form number, if any, Management Division, Policy and (ii)(I) imports of articles or services and the applicable component of the Planning Staff, Two Constitution like or directly competitive with articles Department sponsoring the collection: Square, 145 N Street NE, 3E.405A, produced or services supplied by such Form numbers for the questionnaire are Washington, DC 20530. firm have increased; OR CJ–7 Annual Parole Survey; CJ–8 (II)(aa) imports of articles like or Annual Probation Survey; CJ–8a Annual Dated: May 28, 2020. Melody Braswell, directly competitive with articles into Probation Survey (Short Form). The which one or more component parts applicable component within the Department Clearance Officer for PRA, U.S. Department of Justice. produced by such firm are directly Department of Justice is the Bureau of incorporated, have increased; OR Justice Statistics, in the Office of Justice [FR Doc. 2020–11921 Filed 6–2–20; 8:45 am] (II)(bb) imports of articles like or Programs. BILLING CODE P directly competitive with articles which 4. Affected public who will be asked are produced directly using the services or required to respond, as well as a brief supplied by such firm, have increased; abstract: Primary: State departments of DEPARTMENT OF LABOR OR corrections or state probation and parole (III) imports of articles directly Employment and Training authorities. Others: The Federal Bureau incorporating one or more component Administration of Prisons, city and county courts and parts produced outside the United probation offices for which a central Notice of Determinations Regarding States that are like or directly reporting authority does not exist. For competitive with imports of articles the CJ–7 form, the affected public Eligibility To Apply for Trade Adjustment Assistance incorporating one or more component consists of 52 respondents including 50 parts produced by such firm have central reporters, the District of In accordance with the Section 223 increased; AND Columbia, and the Federal Bureau of (19 U.S.C. 2273) of the Trade Act of (iii) the increase in imports described Prisons responsible for keeping records 1974 (19 U.S.C. 2271, et seq.) (‘‘Act’’), as in clause (ii) contributed importantly to on parolees. For the CJ–8 form, the amended, the Department of Labor such workers’ separation or threat of affected public includes 360 reporters herein presents summaries of separation and to the decline in the including 40 state respondents, the determinations regarding eligibility to sales or production of such firm; OR District of Columbia, the Federal Bureau apply for trade adjustment assistance (B) Shift in Production or Services to of Prisons, and 318 from local under Chapter 2 of the Act (‘‘TAA’’) for a Foreign Country Path OR Acquisition authorities responsible for keeping workers by (TA–W) number issued of Articles or Services from a Foreign records on probationers. For the CJ–8A during the period of April 1, 2020 Country Path: form, the affected public includes 448 through April 30, 2020. (This Notice (i)(I) There has been a shift by such reporters who are all local authorities primarily follows the language of the workers’ firm to a foreign country in the responsible for keeping records on Trade Act. In some places however, production of articles or the supply of probationers. The Annual Parole Survey changes such as the inclusion of services like or directly competitive and Annual Probation surveys have subheadings, a reorganization of with articles which are produced or been used since 1977 to collect annual language, or ‘‘and,’’ ‘‘or,’’ or other words services which are supplied by such yearend counts and yearly movements are added for clarification.) firm; OR of community corrections populations; (II) such workers’ firm has acquired characteristics of the community Section 222(a)—Workers of a Primary from a foreign country articles or supervision population, such as gender, Firm services that are like or directly racial composition, ethnicity, conviction In order for an affirmative competitive with articles which are status, offense, and supervision status. determination to be made for workers of produced or services which are In 2020, respondents will be asked a few a primary firm and a certification issued supplied by such firm; AND questions about the COVID–19 regarding eligibility to apply for TAA, (ii) the shift described in clause (i)(I) pandemic and how it affected their the group eligibility requirements under or the acquisition of articles or services agency. Section 222(a) of the Act (19 U.S.C. described in clause (i)(II) contributed 5. An estimate of the total number of 2272(a)) must be met, as follows: importantly to such workers’ separation respondents and the amount of time (1) The first criterion (set forth in or threat of separation. estimated for an average respondent to Section 222(a)(1) of the Act, 19 U.S.C. respond: 860 respondents total; 412 2272(a)(1)) is that a significant number Section 222(b)—Adversely Affected with an averaged time of 1.75 hours for or proportion of the workers in such Secondary Workers response and 448 with an average time workers’ firm (or ‘‘such firm’’) have In order for an affirmative 0.625 hours to respond. 860 respondents become totally or partially separated, or determination to be made for adversely will be asked additional COVID–19 are threatened to become totally or affected secondary workers of a firm and questions with an average time to partially separated; AND (2(A) or 2(B) a certification issued regarding complete of 0.33 hours. below). eligibility to apply for TAA, the group

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eligibility requirements of Section Section 222(e)—Firms Identified by the Trade Commission under section 222(b) of the Act (19 U.S.C. 2272(b)) International Trade Commission 202(f)(1) of the Trade Act (19 U.S.C. must be met, as follows: In order for an affirmative 2252(f)(1)) with respect to the (1) A significant number or proportion determination to be made for adversely affirmative determination described in of the workers in the workers’ firm or affected workers in firms identified by paragraph (1)(A) is published in the Federal Register under section 202(f)(3) an appropriate subdivision of the firm the International Trade Commission and (19 U.S.C. 2252(f)(3)); OR have become totally or partially a certification issued regarding separated, or are threatened to become eligibility to apply for TAA, the group (B) notice of an affirmative totally or partially separated; AND eligibility requirements of Section determination described in 222(e) of the Act (19 U.S.C. 2272(e)) subparagraph (B) or (C) of paragraph (1) (2) the workers’ firm is a supplier or must be met, by following criteria (1), is published in the Federal Register; downstream producer to a firm that (2), and (3) as follows: AND employed a group of workers who (1) The workers’ firm is publicly (3) the workers have become totally or received a certification of eligibility identified by name by the International partially separated from the workers’ under Section 222(a) of the Act (19 Trade Commission as a member of a firm within— U.S.C. 2272(a)), and such supply or domestic industry in an investigation production is related to the article or resulting in— (A) the 1-year period described in service that was the basis for such (A) an affirmative determination of paragraph (2); OR certification (as defined in subsection serious injury or threat thereof under (B) notwithstanding section 223(b) of 222(c)(3) and (4) of the Act (19 U.S.C. section 202(b)(1) of the Act (19 U.S.C. the Act (19 U.S.C. 2273(b)), the 1-year 2272(c)(3) and (4)); AND 2252(b)(1)); OR period preceding the 1-year period (B) an affirmative determination of described in paragraph (2). (3) Either— market disruption or threat thereof (A) the workers’ firm is a supplier and under section 421(b)(1) of the Act (19 Affirmative Determinations for Trade the component parts it supplied to the U.S.C. 2436(b)(1)); OR Adjustment Assistance (C) an affirmative final determination firm described in paragraph (2) The following certifications have been accounted for at least 20 percent of the of material injury or threat thereof under section 705(b)(1)(A) or 735(b)(1)(A) of issued. The date following the company production or sales of the workers’ firm; name and location of each OR the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A)); determination references the impact (B) a loss of business by the workers’ AND date for all workers of such firm with the firm described in (2) the petition is filed during the 1- determination. paragraph (2) contributed importantly to year period beginning on the date on The following certifications have been the workers’ separation or threat of which— issued. The requirements of Section separation determined under paragraph (A) a summary of the report submitted 222(a)(2)(A) (Increased Imports Path) of (1). to the President by the International the Trade Act have been met.

TA–W number Subject firm Location Impact date

95,115 ...... Team Ten, LLC, American Eagle Paper Mills, Manpower, Tyrone, PA ...... August 23, 2018. Spherion. 95,266 ...... Wolverine Advanced Materials, ITT Inc., Elwood Staffing ...... Blacksburg, VA ...... October 8, 2018. 95,446 ...... Concentrix CVG Customer Management Group, Inc., Concentrix Taylorsville, UT ...... December 4, 2018. CVG Corporation. 95,448 ...... Honeywell International Inc., Safety & Productivity Solutions, Smithfield, RI ...... December 4, 2018. Sperian Protection USA, Inc., etc. 95,723 ...... Hybrid Promotions, LLC ...... Cypress, CA ...... February 21, 2019. 95,776 ...... Rockland-Bamberg Industries, Rockland Industries, Inc ...... Bamberg, SC ...... March 4, 2019. 95,819 ...... Southwire Company LLC ...... Hayesville, NC ...... March 16, 2019.

The following certifications have been Services to a Foreign Country Path or a Foreign Country Path) of the Trade Act issued. The requirements of Section Acquisition of Articles or Services from have been met. 222(a)(2)(B) (Shift in Production or

TA–W number Subject firm Location Impact date

94,706 ...... DXC Technology, Managed Security Services (MSS) ...... Williamsville, NY ...... April 5, 2018. 94,983 ...... HP Inc., Imaging, Printing and Solutions Business Group, Insight Palto Alto, CA ...... December 16, 2018. Global, etc. 94,983A ...... HP Inc., Imaging, Printing and Solutions Business Group ...... San Diego, CA ...... December 16, 2018. 94,983B ...... Workers of Insight Global, Inc., Accion Labs Inc., Adea Solutions, San Diego, CA ...... June 27, 2018. etc., HP Inc., Imaging, Printing and Solutions Business Group. 94,983C ...... HP Inc., Imaging, Printing and Solutions Business Group ...... Fort Collins, CO ...... December 16, 2018. 94,983D ...... Workers of Insight Global, Inc., Accion Labs Inc., Adea Solutions, Fort Collins, CO ...... June 27, 2018. etc., HP Inc., Imaging, Printing and Solutions Business Group. 94,983E ...... HP Inc., Imaging, Printing and Solutions Business Group ...... Alpharetta, GA ...... December 16, 2018. 94,983F ...... Workers of Insight Global, Inc., Accion Labs Inc., Adea Solutions, Alpharetta, GA ...... June 27, 2018. etc., HP Inc., Imaging, Printing and Solutions Business Group. 94,983G ...... HP Inc., Imaging, Printing and Solutions Business Group, Boise, ID ...... December 16, 2018. Adecco, Modis, Experis, etc.

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TA–W number Subject firm Location Impact date

94,983H ...... Workers of Insight Global, Inc., Accion Labs Inc., Adea Solutions, Boise, ID ...... June 27, 2018. etc., HP Inc., Imaging, Printing and Solutions Business Group. 94,983I ...... HP Inc., Imaging, Printing and Solutions Business Group ...... Rio Rancho, NM ...... December 16, 2018. 94,983J ...... Workers of Insight Global, Inc., Accion Labs Inc., Adea Solutions, Rio Rancho, NM ...... June 27, 2018. etc., HP Inc., Imaging, Printing and Solutions Business Group. 94,983K ...... HP Inc., Imaging, Printing and Solutions Business Group ...... New York, NY ...... December 16, 2018. 94,983L ...... Workers of Insight Global, Inc., Accion Labs Inc., Adea Solutions, New York, NY ...... June 27, 2018. etc., HP Inc., Imaging, Printing and Solutions Business Group. 94,983M ...... HP Inc., Imaging, Printing and Solutions Business Group ...... Corvallis, OR ...... December 16, 2018. 94,983N ...... Workers of Insight Global, Inc., Accion Labs Inc., Adea Solutions, Corvallis, OR ...... June 27, 2018. etc., HP Inc., Imaging, Printing and Solutions Business Group. 94,983O ...... HP Inc., Imaging, Printing and Solutions Business Group ...... Plano, TX ...... December 16, 2018. 94,983P ...... Workers of Insight Global, Inc., Accion Labs Inc., Adea Solutions, Plano, TX ...... June 27, 2018. etc., HP Inc., Imaging, Printing and Solutions Business Group. 94,983Q ...... HP Inc., Imaging, Printing and Solutions Business Group, Insight Spring, TX ...... June 27, 2018. Global, etc. 94,983R ...... HP Inc., Imaging, Printing and Solutions Business Group ...... Austin, TX ...... December 16, 2018. 94,983S ...... Workers of Insight Global, Inc., Accion Labs Inc., Adea Solutions, Austin, TX ...... June 27, 2018. etc., HP Inc., Imaging, Printing and Solutions Business Group. 94,983T ...... HP Inc., Imaging, Printing and Solutions Business Group ...... Vancouver, WA ...... December 16, 2018. 94,983U ...... Workers of Insight Global, Inc., Accion Labs Inc., Adea Solutions, Vancouver, WA ...... June 27, 2018. etc., HP Inc., Imaging, Printing and Solutions Business Group. 94,983V ...... HP Inc., Imaging, Printing and Solutions Business Group ...... San Jose, CA ...... December 16, 2018. 94,983W ...... Workers of Insight Global, Inc., Accion Labs Inc., Adea Solutions, San Jose, CA ...... June 27, 2018. etc., HP Inc., Imaging, Printing and Solutions Business Group. 94,983X ...... HP Inc., Imaging, Printing and Solutions Business Group ...... Aguadilla Pueblo, PR ...... December 16, 2018. 94,983Y ...... Workers of Insight Global, Inc., Accion Labs Inc., Adea Solutions, Aguadilla Pueblo, PR ...... June 27, 2018. etc., HP Inc., Imaging, Printing and Solutions Business Group. 95,135 ...... Continental Powertrain USA, LLC, Marketplace Staffing, Penmac Fountain Inn, SC ...... August 29, 2018. Staffing, etc. 95,207 ...... IntraPac (Plattsburgh) Inc., ETS ...... Plattsburgh, NY ...... September 23, 2018. 95,249 ...... Plains Marketing LP, Plains All American GP LLC ...... Yankton, SD ...... October 3, 2018. 95,389 ...... Northern Trust Corporation, Technology Department, Technology Chicago, IL ...... November 18, 2018. Finance Group. 95,407 ...... MetLife Group, Inc., Global Balance Sheet Controls Unit, Finan- Tampa, FL ...... November 21, 2018. cial Operations Team, MetLife. 95,409 ...... Rite Aid Headquarters Corporation, Technology Services Com- Shiremanstown, PA ...... November 22, 2018. puter Operations, Rite Aid Corporation. 95,442 ...... Toppan Merrill LLC, Toppan Printing, Merrill Communications New York, NY ...... December 3, 2018. LLC, Toppan Vintage, Composition. 95,454 ...... Guitabec USA Inc., Lasido Inc ...... Berlin, NH ...... December 5, 2018. 95,496 ...... E-Lo Sportwear LLC, Sample Making Team ...... New York, NY ...... December 18, 2018. 95,512 ...... IDT International Corporation, Technology Department, IDT Cor- Newark, NJ ...... December 23, 2018. poration. 95,519 ...... Blackmer, Dover Energy, PSG, a Dover Company, Kelly Services Grand Rapids, MI ...... December 27, 2018. 95,557 ...... Stanley Black & Decker Inc., Greenfield Operations, Morales Greenfield, IN ...... January 10, 2019. Group Inc., MBC Staffing, Kelley Services. 95,579 ...... Heraeus Precious Metals North America, Heraeus Photovoltaics West Conshohocken, PA ...... January 17, 2019. Global Business Unit, Aerotek Scientific. 95,610 ...... Aquity Solutions, LLC, MModal Services, LLC ...... Cary, NC ...... January 27, 2019. 95,623 ...... Neurospine Institute, LLC, Billing Department, Pacific Sports and Eugene, OR ...... January 28, 2019. Spine, Neurospine Group. 95,673 ...... The AMES Companies, Inc ...... Falls City, NE ...... February 10, 2019. 95,677 ...... AIG PC Global Services, Inc., Olathe KS General Insurance Olathe, KS ...... February 11, 2019. Claims Shared Service, etc. 95,682 ...... JCPenney Customer Care Center, Lenexa Customer Care Cen- Lenexa, KS ...... February 11, 2019. ter, JCPenney Corporation, Onin, Manpower. 95,691 ...... Schneider Electric IT Corporate, Secure Power: Cooling, Schnei- O’Fallon, MO ...... February 13, 2019. der Electric Corporation, VOLT Management. 95,692 ...... OMNI GSS Inc., OMNIGSS Limited ...... Philadelphia, PA ...... February 13, 2019. 95,695 ...... Altex-Mar Electronics Inc., Express, Elwood, Morales Group, Westfield, IN ...... February 18, 2019. Crown Services, Belflex Staffing. 95,701 ...... Computer Services Corporation (CSC), Dividend, Cash, & Loan Warwick, RI ...... February 18, 2019. Correspondence Division, DXC Technology, etc. 95,707 ...... Armstrong Hardwood Flooring, LLC, Armstrong Hardwood Floor- Oneida, TN ...... February 19, 2019. ing Products, Armstrong Hardwood Products, etc. 95,730 ...... Anchen Pharmaceuticals Inc., Par Pharmaceutical, Aerotke, Irvine, CA ...... February 24, 2019. Kimco, Healthcare Talent. 95,731 ...... Paradigm Precision, Aerotek Staffing, Key Alliance Staffing ...... Tempe, AZ ...... February 24, 2019. 95,739 ...... Virco Manufacturing Corporation, Staffmark, TEC, ASAP, Premier Conway, AR ...... February 25, 2019. 95,744 ...... mHelpDesk, LLC, Angie’s List, Buwelo, Synergie Global ...... Fairfax, VA ...... February 26, 2019. 95,753 ...... Spark Networks, Inc. (dba MingleMatch), Customer Care Depart- Lehi, UT ...... February 26, 2019. ment, Email Support team, Spark Networks SE. 95,760 ...... Franchise World Headquarters dba Subway, HCL, CapGemini .... Milford, CT ...... March 3, 2019.

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TA–W number Subject firm Location Impact date

95,781 ...... The Travelers Indemnity Company, Business Insurance Tech- Saint Paul, MN ...... March 5, 2019. nology Northland group, The Travelers Companies. 95,799 ...... Eaton Hydraulics LLC, Power Motion Control Division, Eaton Cor- Shawnee, OK ...... March 5, 2019. poration. 95,812 ...... Smiths Detection, Inc., IMS Consumables, Smiths Group plc ...... Edgewood, MD ...... March 4, 2019. 95,827 ...... AMETEK Instrumentation Systems, Instrumentation System Divi- Grand Junction, CO ...... March 23, 2020. sion, AMETEK, Inc., Adecco. 95,835 ...... NTT Security Inc., Service Desk, Tek Systems ...... Omaha, NE ...... March 20, 2019. 95,838 ...... Electronics for Imaging, Inc., Fiery Software, Sierra Atlantic, Nel- Fremont, CA ...... March 23, 2019. son Staffing Solutions, etc. 95,844 ...... Cloud Terre Studio, LLC ...... Winchester, VA ...... March 24, 2019. 95,847 ...... Elo Touch Solutions, Inc., Elo Holding, Inc., QES Solutions, Rochester, NY ...... March 24, 2019. Masis Staffing Solutions. 95,858 ...... Medtronic Plc, Restorative Therapies Group—Operations, Artech Warsaw, IN ...... March 25, 2019. Information Systems, etc. 95,868 ...... UTC Fire & Security Americas Corporation, Inc. and Onity Inc., Salem, OR ...... April 3, 2019. Supra and Onity division, Carrier Global Corporation. 95,869 ...... Essilor of America, Inc., Finance—Shared Services Division, EOA Dallas, TX ...... April 6, 2019. Holding Co., Inc. 95,875 ...... Safran, Cabins Division, Adecco ...... Huntington Beach, CA ...... April 6, 2019. 95,878 ...... Gaming Partners International USA, Inc., Gaming Partners Inter- Blue Springs, MO ...... April 8, 2019. national Corporation. 95,882 ...... National Pen Tennessee, LLC, National Pen Co., LLC, Cimpress, Shelbyville, TN ...... April 9, 2019. Randstand North America, Express Services. 95,882A ...... National Pen Tennessee, LLC, National Pen Co., LLC, Cimpress Shelbyville, TN ...... April 9, 2019. PLC. 95,883 ...... Teva Pharmaceuticals, Teva Global Operations (TGO) Division, Forest, VA ...... May 10, 2020. Kelly Temporary Services Company. 95,883A ...... Leased Workers from ABM, Sodexo, Synovos, and GSOC, Teva Forest, VA ...... April 10, 2019. Pharmaceuticals, Teva Global Operations (TGO) Division. 95,892 ...... Move Central, Inc ...... San Diego, CA ...... April 16, 2019.

The following certifications have been are certified eligible to apply for TAA) issued. The requirements of Section of the Trade Act have been met. 222(b) (supplier to a firm whose workers

TA–W number Subject firm Location Impact date

95,325 ...... HWI Environmental Technologies, HWI Environmental Tech- St. Louis, MO ...... October 24, 2018. nologies, Inc. 95,729 ...... Metal Powder Products, LLC ...... Saint Marys, PA ...... February 24, 2019. 95,823 ...... SBM Site Services LLC, SBM Management Services LP ...... Wichita, KS ...... March 17, 2019.

The following certifications have been 222(b) (downstream producer to a firm apply for TAA) of the Trade Act have issued. The requirements of Section whose workers are certified eligible to been met.

TA–W number Subject firm Location Impact date

95,642 ...... Logistics Insight Corp., Malace HR, Sentech Services, Driver Lo- Detroit, MI ...... February 3, 2019. gistics.

The following certifications have been International Trade Commission) of the issued. The requirements of Section Trade Act have been met. 222(e) (firms identified by the

TA–W number Subject firm Location Impact date

95,791 ...... Lippert Components Manufacturing, Inc., Interiors division, Nampa, ID ...... December 12, 2018. ProPeople Staffing Services, IES Custom Staffing.

Negative Determinations for Worker criteria for TAA have not been met for total/partial separation or threat of total/ Adjustment Assistance the reasons specified. partial separation), or (e) (firms The investigation revealed that the identified by the International Trade In the following cases, the requirements of Trade Act section Commission), have not been met. investigation revealed that the eligibility 222(a)(1) and (b)(1) (significant worker

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TA–W number Subject firm Location Impact date

95,356 ...... RPC Superfos US Inc., Berry Global, Axiom Staffing Group, Kelly Winchester, VA. Services, Prologistix, etc. 95,596 ...... J.R. Vinagro Corporation, J.R. Vinagro Manufacturing & Proc- Johnston, RI. essing Company. 95,665 ...... Accenture LLP, Capability Network ...... Indianapolis, IN. 95,894 ...... Intrado Facilities, LLC, Intrado Corporation ...... Omaha, NE. 95,894A ...... Intrado Interactive Services Corporation, Intrado Corporation ...... Omaha, NE.

The investigation revealed that the acquisition of articles or services from a certified eligible to apply for TAA), and criteria under paragraphs (a)(2)(A)(i) foreign country), (b)(2) (supplier to a (e) (International Trade Commission) of (decline in sales or production, or both), firm whose workers are certified eligible section 222 have not been met. or (a)(2)(B) (shift in production or to apply for TAA or downstream services to a foreign country or producer to a firm whose workers are

TA–W number Subject firm Location Impact date

95,254 ...... Daimler Trucks North America, Mount Holly Truck Manufacturing Mount Holly, NC. Plant, Daimler AG. 95,834 ...... Nichols Oil Tools, Pipe division, Argonaut Private Equity ...... San Angelo, TX.

The investigation revealed that the services from a foreign country), (b)(2) for TAA), and (e) (International Trade criteria under paragraphs(a)(2)(A) (supplier to a firm whose workers are Commission) of section 222 have not (increased imports), (a)(2)(B) (shift in certified eligible to apply for TAA or been met. production or services to a foreign downstream producer to a firm whose country or acquisition of articles or workers are certified eligible to apply

TA–W number Subject firm Location Impact date

94,722 ...... Atos IT Solutions and Services, Inc., Symtech Innovations Ltd ..... Hillsboro, OR. 94,729 ...... Alfa Laval, Inc ...... Lykens, PA. 94,767 ...... Healthfirst Management Services, LLC, Information Technology New York, NY. Unit, Quality Assurance, Business Analyst Group. 94,895 ...... Vista Del Mar Medical Group Inc., Medical Billing Division ...... Oxnard, CA. 94,915 ...... Kelly Services, Inc., Dow Chemical Company-Global Intercom- Midland, MI. pany Clearing House. 95,306 ...... Qwest Corporation, Customer Care Service Delivery, Minneapolis, MN. CenturyLink, Inc. 95,322 ...... Pacific Recycling, Inc., Staffing Partners, People Ready, Inc., All Eugene, OR. Star Labor Staffing. 95,339 ...... Autokiniton US Holdings Inc. (AGG), Tower International, Cor- Livonia, MI. porate Office, Zing Staffing. 95,382 ...... Rite Aid Headquarters Corporation, IT Technicians, Field Tech- Wilsonville, OR. nical Services Team. 95,382A ...... Rite Aid Headquarters Corporation, IT Technicians, Field Tech- Tigard, OR. nical Services Team. 95,382B ...... Rite Aid Headquarters Corporation, IT Technicians, Field Tech- Springfield, OR. nical Services Team. 95,382C ...... Rite Aid Headquarters Corporation, IT Technicians, Field Tech- Grants Pass, OR. nical Services Team. 95,424 ...... MotivePower, Inc., Wabtec Corporation ...... Boise, ID. 95,500 ...... Halliburton Energy Services, Inc., Halliburton Company, 100 E. Duncan, OK. Halliburton Boulevard. 95,500A ...... Halliburton Energy Services, Inc., Halliburton Comp., 2600 S. 2nd Duncan, OK. Street, Excluding Finance & Accounting, etc. 95,598 ...... Lucky’s Market ...... St. Louis, MO. 95,620 ...... Mid Rivers Store #571, Express Fashion Operations ...... Saint Peters, MO. 95,629 ...... Astoria Forest Products ...... Hillsboro, OR. 95,716 ...... Forge Graphics Works, Inc., Terra Staffing, Express Employment Portland, OR. Professionals. 95,736 ...... Mersen USA St. Marys-PA Corporation, Mersen USA BN Cor- St. Marys, PA. poration. 95,737 ...... Nationstar Mortgage, LLC D/B/A Mr. Cooper, Servicing Division, Beaverton, OR. Nationstar Holdings, Inc., Mr. Cooper Group, Inc. 95,750 ...... Conduent Patient Access Solutions, LLC, Conduent Business Chesapeake, VA. Services, LLC, Manpower. 95,762 ...... Commercial Dehydrator Systems, Inc ...... Eugene, OR. 95,777 ...... Cardone Industries, Inc., Express Employment ...... Harlingen, TX. 95,777A ...... Cardone Industries, Inc., Select Staff, Link Staffing ...... Brownsville, TX. 95,777B ...... Cardone Industries, Inc ...... Arlington, TX.

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TA–W number Subject firm Location Impact date

95,784 ...... Veritas Tools USA ...... Ogdensburg, NY. 95,801 ...... A&I Products, All Makes Division, John Deere ...... Williamsport, PA. 95,843 ...... Amcor Rigid Packaging USA, LLC, Amcor PLC, Randstad, Surge Hazelwood, MO. Staffing, Remedy Staffing, etc.

Determinations Terminating on the Department’s website, as The following determinations Investigations of Petitions for Trade required by Section 221 of the Act (19 terminating investigations were issued Adjustment Assistance U.S.C. 2271), the Department initiated because the petitioner has requested After notice of the petitions was investigations of these petitions. that the petition be withdrawn. published in the Federal Register and

TA–W number Subject firm Location Impact date

95,567 ...... Metal Box International ...... Chicago, IL. 95,836 ...... Precision for Medicine ...... Norwalk, CT. 95,851 ...... Titan Wheel Corporation of Virginia ...... Saltville, VA.

The following determinations in cases where the petition regarding the terminating investigations were issued investigation has been deemed invalid.

TA–W number Subject firm Location Impact date

95,329 ...... General Motors Renaissance Center ...... Detroit, MI. 95,734 ...... Concept Systems Manufacturing ...... San Jose, CA.

The following determinations terminating investigations were issued because the worker group on whose behalf the petition was filed is covered under an existing certification.

TA–W number Subject firm Location Impact date

95,450 ...... Honeywell International Inc., Safety & Productivity Solutions, Hon- Smithfield, RI. eywell Safety Products, USA, Inc., etc. 95,541 ...... Health Care Strategies ...... Richardson, TX. 95,561 ...... Aerotek and Award Staffing, Pace Industries Inc., St. Paul (Metal- Arden Hills, MN. craft) Division, Pace Industries LLC. 95,622 ...... Joyson Safety ...... Knoxville, TN. 95,647 ...... Dun & Bradstreet ...... Waltham, MA. 95,891 ...... HP Inc., Imaging, Printing and Solutions Business Group ...... Vancouver, WA.

The following determinations workers is covered by an earlier petition investigation for which a determination terminating investigations were issued that is the subject of an ongoing has not yet been issued. because the petitioning group of

TA–W number Subject firm Location Impact date

95,560 ...... HP Inc ...... Boise, ID. 95,609 ...... XPO Logistics ...... Hazelwood, MO.

I hereby certify that the aforementioned Signed at Washington, DC, this 7th day of DEPARTMENT OF LABOR determinations were issued during the period May 2020. of April 1, 2020 through April 30, 2020. Hope D. Kinglock, Employment and Training These determinations are available on the Certifying Officer, Office of Trade Adjustment Administration Department’s website https:// Assistance. www.doleta.gov/tradeact/petitioners/taa_ Post-Initial Determinations Regarding [FR Doc. 2020–11935 Filed 6–2–20; 8:45 am] search_form.cfm under the searchable listing Eligiblity To Apply for Trade determinations or by calling the Office of BILLING CODE 4510–FN–P Adjustment Assistance Trade Adjustment Assistance toll free at 888– 365–6822. In accordance with Sections 223 and 284 (19 U.S.C. 2273 and 2395) of the Trade Act of 1974 (19 U.S.C. 2271, et

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seq.) (‘‘Act’’), as amended, the of the Act (‘‘TAA’’) for workers by (TA– misinterpretation of facts or of the law Department of Labor herein presents W) number issued during the period of justifies reconsideration of the Notice of Affirmative Determinations April 1, 2020 through April 30, 2020. determination. See 29 CFR 90.18(c). Regarding Application for Post-initial determinations are issued Affirmative Determinations Regarding Reconsideration, summaries of Negative after a petition has been certified or Applications for Reconsideration Determinations Regarding Applications denied. A post-initial determination for Reconsideration, summaries of may revise a certification, or modify or The following Applications for Revised Certifications of Eligibility, affirm a negative determination. Reconsideration have been received and summaries of Revised Determinations Affirmative/Negative Determinations granted. See 29 CFR 90.18(d). The group (after Affirmative Determination Regarding Applications for of workers or other persons showing an Regarding Application for Reconsideration interest in the proceedings may provide Reconsideration), summaries of The certifying officer may grant an written submissions to show why the Negative Determinations (after application for reconsideration under determination under reconsideration Affirmative Determination Regarding the following circumstances: (1) If it should or should not be modified. The Application for Reconsideration), appears on the basis of facts not submissions must be sent no later than summaries of Revised Determinations previously considered that the June 15, 2020 to the Office of the (on remand from the Court of determination complained of was Director, Office of Trade Adjustment International Trade), and summaries of erroneous; (2) If it appears that the Assistance, Employment and Training Negative Determinations (on remand determination complained of was based Administration, U.S. Department of from the Court of International Trade) on a mistake in the determination of Labor, Room N–5428, 200 Constitution regarding eligibility to apply for trade facts previously considered; or (3) If, in Avenue NW, Washington, DC 20210. adjustment assistance under Chapter 2 the opinion of the certifying officer, a See 29 CFR 90.18(f).

TA–W No. Subject firm Location

94,882 ...... AT&T Business—Global Operations & Services ...... Bellaire, TX. 94,889 ...... Xerox Corporation ...... Wilsonville, OR. 94,906 ...... General Motors Milford Proving Ground ...... Milford, MI. 95,149 ...... AIG PC Global Services, Inc ...... New York, NY.

Notice of Revised Certifications of requirements are not met. Negative the Increased Imports Path, or (B) the Eligibility Determinations on Reconsideration are Shift in Production or Services to a Revised certifications of eligibility final determinations for purposes of Foreign Country Path/Acquisition of have been issued with respect to cases judicial review pursuant to section 284 Articles or Services from a Foreign where affirmative determinations and of the Act (19 U.S.C. 2395) and 29 CFR Country Path, as follows: certificates of eligibility were issued 90.19(a). See 29 CFR 90.18(i). (A) Increased Imports Path: initially, but a minor error was Summary of Statutory Requirement (i) The sales or production, or both, of discovered after the certification was such firm, have decreased absolutely; issued. The revised certifications are (This Notice primarily follows the AND (ii and iii below) language of the Trade Act. In some issued pursuant to the Secretary’s (ii)(I) imports of articles or services places however, changes such as the authority under section 223 of the Act like or directly competitive with articles inclusion of subheadings, a and 29 CFR 90.16. Revised produced or services supplied by such reorganization of language, or ‘‘and,’’ Certifications of Eligibility are final firm have increased; OR determinations for purposes of judicial ‘‘or,’’ or other words are added for clarification.) (II)(aa) imports of articles like or review pursuant to section 284 of the directly competitive with articles into Act (19 U.S.C. 2395) and 29 CFR Section 222(a)—Workers of a Primary which one or more component parts 90.19(a). Firm produced by such firm are directly Notice of Determinations on In order for an affirmative incorporated, have increased; OR Reconsideration determination to be made for workers of (II)(bb) imports of articles like or Post-initial determinations have been a primary firm and a certification issued directly competitive with articles which issued with respect to cases where regarding eligibility to apply for TAA, are produced directly using the services affirmative determinations regarding the group eligibility requirements under supplied by such firm, have increased; applications for reconsideration were Section 222(a) of the Act (19 U.S.C. OR granted. For cases where the worker 2272(a)) must be met, as follows: (III) imports of articles directly group eligibility requirements are met, (1) The first criterion (set forth in incorporating one or more component Revised Certifications of Eligibility or Section 222(a)(1) of the Act, 19 U.S.C. parts produced outside the United Revised Determinations have been 2272(a)(1)) is that a significant number States that are like or directly issued. Revised Certifications of or proportion of the workers in such competitive with imports of articles Eligibility and Revised Determinations workers’ firm (or ‘‘such firm’’) have incorporating one or more component are final determinations for purposes of become totally or partially separated, or parts produced by such firm have judicial review pursuant to section 284 are threatened to become totally or increased; AND of the Act (19 U.S.C. 2395) and 29 CFR partially separated; AND (2(A) or 2(B) (iii) the increase in imports described 90.19(a). See 29 CFR 90.18(h). Negative below). in clause (ii) contributed importantly to Determinations on Reconsideration have (2) The second criterion (set forth in such workers’ separation or threat of been issued with respect to cases where Section 222(a)(2) of the Act, 19 U.S.C. separation and to the decline in the the worker group eligibility 2272(a)(2)) may be satisfied by either (A) sales or production of such firm; OR

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(B) Shift in Production or Services to production is related to the article or (C) an affirmative final determination a Foreign Country Path OR Acquisition service that was the basis for such of material injury or threat thereof under of Articles or Services from a Foreign certification (as defined in subsection section 705(b)(1)(A) or 735(b)(1)(A) of Country Path: 222(c)(3) and (4) of the Act (19 U.S.C. the Tariff Act of 1930 (19 U.S.C. (i)(I) There has been a shift by such 2272(c)(3) and (4)); AND 1671d(b)(1)(A) and 1673d(b)(1)(A)); workers’ firm to a foreign country in the (3) either— AND production of articles or the supply of (A) the workers’ firm is a supplier and (2) the petition is filed during the 1- services like or directly competitive the component parts it supplied to the year period beginning on the date on with articles which are produced or firm described in paragraph (2) which— services which are supplied by such accounted for at least 20 percent of the (A) a summary of the report submitted firm; OR production or sales of the workers’ firm; to the President by the International (II) such workers’ firm has acquired OR Trade Commission under section from a foreign country articles or (B) a loss of business by the workers’ 202(f)(1) of the Trade Act (19 U.S.C. services that are like or directly firm with the firm described in 2252(f)(1)) with respect to the competitive with articles which are paragraph (2) contributed importantly to affirmative determination described in produced or services which are the workers’ separation or threat of paragraph (1)(A) is published in the supplied by such firm; AND separation determined under paragraph Federal Register under section 202(f)(3) (ii) the shift described in clause (i)(I) (1). (19 U.S.C. 2252(f)(3)); OR or the acquisition of articles or services (B) notice of an affirmative described in clause (i)(II) contributed Section 222(e)—Firms Identified by the determination described in importantly to such workers’ separation International Trade Commission subparagraph (B) or (C) of paragraph (1) or threat of separation. In order for an affirmative is published in the Federal Register; Section 222(b)—Adversely Affected determination to be made for adversely AND Secondary Workers affected workers in firms identified by (3) the workers have become totally or In order for an affirmative the International Trade Commission and partially separated from the workers’ determination to be made for adversely a certification issued regarding firm within— affected secondary workers of a firm and eligibility to apply for TAA, the group (A) the 1-year period described in a certification issued regarding eligibility requirements of Section paragraph (2); OR eligibility to apply for TAA, the group 222(e) of the Act (19 U.S.C. 2272(e)) (B) notwithstanding section 223(b) of eligibility requirements of Section must be met, by following criteria (1), the Act (19 U.S.C. 2273(b)), the 1-year 222(b) of the Act (19 U.S.C. 2272(b)) (2), and (3) as follows: period preceding the 1-year period must be met, as follows: (1) The workers’ firm is publicly described in paragraph (2). identified by name by the International (1) A significant number or proportion Revised Certifications of Eligibility of the workers in the workers’ firm or Trade Commission as a member of a an appropriate subdivision of the firm domestic industry in an investigation The following revised certifications of have become totally or partially resulting in— eligibility to apply for TAA have been separated, or are threatened to become (A) an affirmative determination of issued. The date following the company totally or partially separated; AND serious injury or threat thereof under name and location of each (2) the workers’ firm is a supplier or section 202(b)(1) of the Act (19 U.S.C. determination references the impact downstream producer to a firm that 2252(b)(1)); OR date for all workers of such employed a group of workers who (B) an affirmative determination of determination, and the reason(s) for the received a certification of eligibility market disruption or threat thereof determination. under Section 222(a) of the Act (19 under section 421(b)(1) of the Act (19 The following revisions have been U.S.C. 2272(a)), and such supply or U.S.C. 2436(b)(1)); OR issued.

Impact TA–W No. Subject firm Location date Reason(s)

93,865 ...... Dun & Bradstreet, Inc ...... Austin, TX ...... 6/1/2017 Worker Group Clarification. 93,865A ...... Dun & Bradstreet, Inc ...... Waltham, MA ...... 6/1/2017 Worker Group Clarification. 95,074 ...... Pace Industries, Inc ...... Arden Hills, MN ...... 8/13/2018 Worker Group Clarification. 95,290 ...... Aprima Medical Software, Inc ...... Richardson, TX ...... 10/17/2018 Worker Group Clarification.

Negative Determinations on identified by the International Trade taa_search_form.cfm under the Reconsideration (After Affirmative Commission) have not been met. searchable listing determinations or by Determination Regarding Application calling the Office of Trade Adjustment TA–W for Reconsideration) No. Subject firm Location Assistance toll free at 888–365–6822.

In the following cases, negative 95,162 Norfolk Southern Rail- Altoona, PA. Signed at Washington, DC, this 7th day of determinations on reconsideration have way Company. May 2020. been issued because the eligibility Hope D. Kinglock, criteria for TAA have not been met for I hereby certify that the Certifying Officer, Office of Trade Adjustment the reason(s) specified. aforementioned determinations were Assistance. The investigation revealed that the issued during the period of April 1, [FR Doc. 2020–11937 Filed 6–2–20; 8:45 am] requirements of Trade Act Section 2020 through April 30, 2020. These 222(a)(1) and (b)(1) (significant worker determinations are available on the BILLING CODE 4510–FN–P total/partial separation or threat of total/ Department’s website https:// partial separation), or (e) (firms www.doleta.gov/tradeact/petitioners/

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DEPARTMENT OF LABOR the workers are eligible to apply for the Administrator, Office of Trade adjustment assistance under Title II, Adjustment Assistance, at the address Employment and Training Chapter 2, of the Act. The investigations shown below, not later than June 15, Administration will further relate, as appropriate, to the 2020. determination of the date on which total The petitions filed in this case are Investigations Regarding Eligibility To or partial separations began or available for inspection at the Office of Apply for Worker Adjustment threatened to begin and the subdivision the Administrator, Office of Trade Assistance of the firm involved. Adjustment Assistance, Employment The petitioners or any other persons Petitions have been filed with the and Training Administration, U.S. Secretary of Labor under Section 221(a) showing a substantial interest in the Department of Labor, Room N–5428, of the Trade Act of 1974 (‘‘the Act’’) and subject matter of the investigations may 200 Constitution Avenue NW, are identified in the Appendix to this request a public hearing provided such notice. Upon receipt of these petitions, request is filed in writing with the Washington, DC 20210. the Administrator of the Office of Trade Administrator, Office of Trade Signed at Washington, DC, this 8th day of Adjustment Assistance, Employment Adjustment Assistance, at the address May 2020. and Training Administration, has shown below, no later than June 15, Hope D. Kinglock, instituted investigations pursuant to 2020. Certifying Officer, Office of Trade Adjustment Section 221(a) of the Act. Interested persons are invited to Assistance. The purpose of each of the submit written comments regarding the investigations is to determine whether subject matter of the investigations to Appendix

51 TAA PETITIONS INSTITUTED BETWEEN 4/1/20 AND 4/30/20

Subject firm Date of Date of TA–W (petitioners) Location institution petition

95858 ...... Medtronic Plc (State/One-Stop) ...... Warsaw, IN ...... 04/01/20 03/25/20 95859 ...... Olympus Corporation of the Americas (Company) ...... Center Valley, PA ...... 04/01/20 03/31/20 95860 ...... PanelArtz Inc. (State/One-Stop) ...... Kent, WA ...... 04/01/20 03/31/20 95861 ...... Philips Neuro (Workers) ...... Eugene, OR ...... 04/01/20 03/31/20 95862 ...... Pier 1 Imports (State/One-Stop) ...... Branson, MO ...... 04/01/20 03/31/20 95863 ...... Anthem Blue Cross Blue Shield-HOST Department (State/One-Stop) ... Indianapolis, IN ...... 04/02/20 04/01/20 95864 ...... HCL, America (State/One-Stop) ...... Denver, CO ...... 04/02/20 04/01/20 95865 ...... Valveworks USA (State/One-Stop) ...... Bossier City, LA ...... 04/02/20 04/01/20 95866 ...... Change Healthcare (State/One-Stop) ...... Nashville, TN ...... 04/03/20 04/02/20 95867 ...... Siemens Government Technologies, Inc. (State/One-Stop) ...... Wellsville, NY ...... 04/06/20 04/03/20 95868 ...... UTC Fire & Security Americas Corporation, Inc. and Onity Inc. (State/ Salem, OR ...... 04/06/20 04/03/20 One-Stop). 95869 ...... Essilor of America, Inc. (State/One-Stop) ...... Dallas, TX ...... 04/07/20 04/06/20 95870 ...... Frontier Communications (State/One-Stop) ...... Rochester, NY ...... 04/07/20 04/06/20 95871 ...... H & R Block (State/One-Stop) ...... Kansas City, MO ...... 04/07/20 04/03/20 95872 ...... Noah Horn Well Drilling (State/One-Stop) ...... Vansant, VA ...... 04/07/20 04/07/20 95873 ...... Palmer of Texas Tanks, Inc. a Synalloy Corporation (State/One-Stop) .. Andrews, TX ...... 04/07/20 04/06/20 95874 ...... Paramount Industrial Companies, Inc. (State/One-Stop) ...... Norfolk, VA ...... 04/07/20 04/07/20 95875 ...... Safran (Company) ...... Huntington Beach, CA ...... 04/07/20 04/06/20 95876 ...... Novares US (State/One-Stop) ...... Livonia, MI ...... 04/08/20 04/07/20 95877 ...... Atchison Tubular Services (State/One-Stop) ...... Atchison, KS ...... 04/09/20 04/08/20 95878 ...... Gaming Partners International USA, Inc. (State/One-Stop) ...... Blue Springs, MO ...... 04/09/20 04/08/20 95879 ...... A&T Stainless (Union) ...... Midland, PA ...... 04/10/20 04/09/20 95880 ...... iQor Global Services LLC (State/One-Stop) ...... Memphis, TN ...... 04/10/20 04/08/20 95881 ...... MKEC working at Spirit (State/One-Stop) ...... Wichita, KS ...... 04/10/20 04/09/20 95882A ..... National Pen Tennessee, LLC (State/One-Stop) ...... Shelbyville, TN ...... 04/10/20 04/09/20 95882 ...... National Pen Tennessee, LLC (State/One-Stop) ...... Shelbyville, TN ...... 04/10/20 04/09/20 95883 ...... Teva Pharmaceuticals (State/One-Stop) ...... Forest, VA ...... 04/10/20 04/10/20 95883A ..... Leased Workers from ABM, Sodexo, Synovos, and GSOC (State/One- Forest, VA ...... 04/10/20 04/10/20 Stop). 95884 ...... Marvell Semiconductor Inc. (State/One-Stop) ...... Essex Junction, VT ...... 04/13/20 04/10/20 95885 ...... Schlumberger (State/One-Stop) ...... Denton, TX ...... 04/13/20 04/10/20 95886 ...... Collins Hardwood Company LLC (Union) ...... Richwood, WV ...... 04/14/20 04/10/20 95887 ...... EVRAZ Oregon Steel (EVRAZ Inc.) (State/One-Stop) ...... Portland, OR ...... 04/14/20 04/13/20 95888 ...... Western Forge (Company) ...... Colorado Springs, CO ...... 04/14/20 04/13/20 95889 ...... Workforce LogIQ on site at Spirit (State/One-Stop) ...... Wichita, KS ...... 04/14/20 04/14/20 95890 ...... Allura (State/One-Stop) ...... Terre Haute, IN ...... 04/17/20 04/17/20 95891 ...... HP Inc. (State/One-Stop) ...... Vancouver, WA ...... 04/17/20 04/15/20 95892 ...... Move Central, Inc. (State/One-Stop) ...... San Diego, CA ...... 04/17/20 04/16/20 95893 ...... Utility Trailer Manufacturing Company (State/One-Stop) ...... Glade Spring, VA ...... 04/20/20 04/17/20 95894 ...... Intrado Facilities, LLC (State/One-Stop) ...... Omaha, NE ...... 04/21/20 04/20/20 95894A ..... Intrado Interactive Services Corporation (State/One-Stop) ...... Omaha, NE ...... 04/21/20 04/20/20 95895 ...... Chart Energy and Chemical (Union) ...... La Crosse, WI ...... 04/22/20 04/21/20 95896 ...... Blue Bell Mattress (State/One-Stop) ...... Roseville, MI ...... 04/23/20 04/22/20 95897 ...... Daimler Trucks North America (Union) ...... Cleveland, NC ...... 04/23/20 04/22/20 95898 ...... Toppan Merrill (State/One-Stop) ...... Saint Paul, MN ...... 04/23/20 04/22/20 95899 ...... Art Van Furniture Tech (State/One-Stop) ...... Jackson, MI ...... 04/24/20 04/23/20 95900 ...... STARTEK USA, INC. (Company) ...... Grand Junction, CO ...... 04/24/20 04/23/20

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51 TAA PETITIONS INSTITUTED BETWEEN 4/1/20 AND 4/30/20—Continued

Subject firm Date of Date of TA–W (petitioners) Location institution petition

95901 ...... Larco (State/One-Stop) ...... Crosette, AR ...... 04/28/20 04/27/20 95902 ...... American Crafts (State/One-Stop) ...... Kansas City, MO ...... 04/29/20 04/27/20 95903 ...... Powerohm Resistors/Division of Hubbell Industrial Controls (Company) Katy, TX ...... 04/29/20 04/27/20 95904 ...... Utility Trailer Manufacturing Company (State/One-Stop) ...... Paragould, AR ...... 04/29/20 04/28/20 95905 ...... Donaldson Company Inc. (Union) ...... Stevens Point, WI ...... 04/30/20 04/29/20

[FR Doc. 2020–11936 Filed 6–2–20; 8:45 am] docket number (OSHA–2010–0050) for seq.) authorizes information collection BILLING CODE P the Information Collection Request by employers as necessary or (ICR). All comments, including any appropriate for enforcement of the OSH personal information you provide, such Act or for developing information DEPARTMENT OF LABOR as social security number and date of regarding the causes and prevention of birth, are placed in the public docket occupational injuries, illnesses, and Occupational Safety and Health without change, and may be made Administration accidents (29 U.S.C. 657). The OSH Act available online at http:// also requires that OSHA obtain such [Docket No. OSHA–2010–0050] www.regulations.gov. For further information with minimum burden information on submitting comments upon employers, especially those The Anhydrous Ammonia Storage and see the ‘‘Public Participation’’ heading operating small businesses, and to Handling Standard; Extension of the in the section of this notice titled reduce to the maximum extent feasible Office of Management and Budget’s SUPPLEMENTARY INFORMATION. (OMB) Approval of Information Docket: To read or download unnecessary duplication of efforts in Collection (Paperwork) Requirements comments or other material in the obtaining information (29 U.S.C. 657). docket, go to http://www.regulations.gov The Anhydrous Ammonia Storage AGENCY: Occupational Safety and Health or the OSHA Docket Office at the above and Handling Standard (29 CFR Administration (OSHA), Labor. address. All documents in the docket 1910.111) specifies a number of ACTION: Request for public comments. (including this Federal Register notice) paperwork requirements. The following SUMMARY: OSHA solicits public are listed in the http:// is a brief description of the collection of comments concerning the proposal to www.regulations.gov index; however, information requirements contained in extend the Office of Management and some information (e.g., copyrighted the standard. material) is not publicly available to Budget’s (OMB) approval of the Paragraph (b)(3) of the Standard information collection requirements read or download from the website. All submissions, including copyrighted specifies that systems have nameplates specified in the Anhydrous Ammonia if required, and that these nameplates Storage and Handling Standard. material, are available for inspection and copying at the OSHA Docket Office. ‘‘be permanently attached to the system DATES: Comments must be submitted You also may contact Theda Kenney at (as specified by paragraph (b)(3)(i)) so as (postmarked, sent, or received) by to be readily accessible for inspection August 3, 2020. the below phone number to obtain a copy of the ICR. . . . .’’ In addition, paragraph (b)(3)(ii) ADDRESSES: requires that markings on containers Electronically: You may submit FOR FURTHER INFORMATION CONTACT: and systems covered by paragraphs (c) comments and attachments Theda Kenney or Seleda Perryman, electronically at http:// Directorate of Standards and Guidance, (‘‘Systems utilizing stationary, non- www.regulations.gov, which is the OSHA, U.S. Department of Labor; refrigerated storage containers’’), (f) Federal e-Rulemaking Portal. Follow the telephone (202) 693–2222. (‘‘Tank motor vehicles for the instructions online for submitting SUPPLEMENTARY INFORMATION: transportation of ammonia’’), (g) (‘‘Systems mounted on farm vehicles comments. I. Background Facsimile: If your comments, other than for the application of including attachments, are not longer The Department of Labor, as part of ammonia’’), and (h) (‘‘Systems mounted than 10 pages you may fax them to the the continuing effort to reduce on farm vehicles for the application of OSHA Docket Office at (202) 693–1648. paperwork and respondent (i.e., ammonia’’) provide information Mail, hand delivery, express mail, employer) burden, conducts a regarding nine specific characteristics of messenger, or courier service: When preclearance consultation program to the containers and systems. Similarly, using this method, you must submit provide the public with an opportunity paragraph (b)(4) of the Standard your comments and attachments to the to comment on proposed and specifies that refrigerated containers be OSHA Docket Office, Docket No. continuing information collection marked with a nameplate on the outer OSHA–2010–0050, Occupational Safety requirements in accordance with the covering in an accessible place that Paperwork Reduction Act (PRA) (44 and Health Administration, U.S. provides information regarding eight U.S.C. 3506(c)(2)(A)). This program Department of Labor, Room N–3653, specific characteristics of the container. 200 Constitution Avenue NW, ensures that information is in the Washington, DC 20210. Deliveries desired format, reporting burden (time The required markings ensure that (hand, express mail, messenger, and and costs) is minimal, collection employers use only properly designed courier service) are accepted during the instruments are clearly understood, and and tested containers and systems to Docket Office’s normal business hours, OSHA’s estimate of the information store anhydrous ammonia, thereby 10:00 a.m. to 3:00 p.m., ET. collection burden is accurate. The preventing accidental release of, and Instructions: All submissions must Occupational Safety and Health Act of exposure of workers to, this highly toxic include the agency name and the OSHA 1970 (the OSH Act) (29 U.S.C. 651 et and corrosive substance.

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II. Special Issues for Comment must submit them to the OSHA Docket LIBRARY OF CONGRESS OSHA has a particular interest in Office (see the section of this notice U.S. Copyright Office comments on the following issues: titled ADDRESSES). The additional • Whether the proposed information materials must clearly identify your collection requirements are necessary electronic comments by your name, [Docket No. 2020–9] date, and the docket number so the for the proper performance of the Sovereign Immunity Study: Notice and agency can attach them to your agency’s functions, including whether Request for Public Comment the information is useful; comments. • The accuracy of OSHA’s estimate of Because of security procedures, the AGENCY: Copyright Office, Library of the burden (time and costs) of the use of regular mail may cause a Congress. information collection requirements, significant delay in the receipt of ACTION: Notice of inquiry. including the validity of the comments. For information about SUMMARY: The U.S. Copyright Office is methodology and assumptions used; security procedures concerning the • initiating a study to evaluate the degree The quality, utility, and clarity of delivery of materials by hand, express to which copyright owners are the information collected; and delivery, messenger, or courier service, • Ways to minimize the burden on experiencing infringement by state please contact the OSHA Docket Office employers who must comply; for entities without adequate remedies at (202) 693–2350, (TTY (877) 889– example, by using automated or other under state law, as well as the extent to technological information collection 5627). which such infringements appear to be and transmission techniques. Comments and submissions are based on intentional or reckless posted without change at http:// conduct. The Office seeks public input III. Proposed Actions www.regulations.gov. Therefore, OSHA on this topic to assist it in preparing a OSHA is requesting that OMB extend cautions commenters about submitting report to Congress. the approval of the collection of personal information such as your social DATES: Written comments are due on or information (paperwork) requirements security number and date of birth. before August 3, 2020. contained in the Anhydrous Ammonia Although all submissions are listed in ADDRESSES: For reasons of government Storage and Handling Standard. There is the http://www.regulations.gov index, efficiency, the Copyright Office is using a slight adjustment decrease in burden some information (e.g., copyrighted the regulations.gov system for the hours for this ICR. The burden hours material) is not publicly available to submission and posting of public have decreased a total of 1 hour (from read or download from this website. All comments in this proceeding. All 337 to 336 hours). submissions, including copyrighted comments are therefore to be submitted Type of Review: Extension of a material, are available for inspection electronically through regulations.gov. currently approved collection. and copying at the OSHA Docket Office. Specific instructions for submitting Title: Anhydrous Ammonia Storage Information on using the http:// comments are available on the and Handling Standard (29 CFR www.regulations.gov website to submit Copyright Office website at http:// 1910.111). www.copyright.gov/docs/ OMB Number: 1218–0208. comments and access the docket is available at the website’s ‘‘User Tips’’ sovereignimmunitystudy. If electronic Affected Public: Business or other for- submission of comments is not feasible profit; farms. link. Contact the OSHA Docket Office for information about materials not due to lack of access to a computer and/ Number of Respondents: 201,300. or the internet, please contact the Office, Frequency of Response: On occasion. available from the website, and for assistance in using the internet to locate using the contact information below, for Total Responses: 2,013. special instructions. Average Time per Response: 10 docket submissions. minutes (10/60 hour) for a worker to FOR FURTHER INFORMATION CONTACT: V. Authority and Signature replace or revise markings on ammonia Regan A. Smith, General Counsel and Associate Register of Copyrights, containers. Loren Sweatt, Principal Deputy Estimated Total Burden Hours: 336. [email protected]; Kevin R. Amer, Assistant Secretary of Labor for Deputy General Counsel, kamer@ Estimated Cost (Operation and Occupational Safety and Health, Maintenance): $0. loc.gov; or Mark T. Gray, Attorney- directed the preparation of this notice. Advisor, [email protected]. They can be IV. Public Participation—Submission of The authority for this notice is the reached by telephone at 202–707–3000. Paperwork Reduction Act of 1995 (44 Comments on This Notice and Internet SUPPLEMENTARY INFORMATION: On March Access to Comments and Submissions U.S.C. 3506 et seq.) and Secretary of 23, 2020, the Supreme Court issued its You may submit comments in Labor’s Order No. 1–2012 (77 FR 3912). decision in Allen v. Cooper,1 holding response to this document as follows: Signed at Washington, DC, on May 28, that the Copyright Remedy Clarification (1) Electronically at http:// 2020. Act of 1990 (‘‘CRCA’’), which attempted www.regulations.gov, which is the Loren Sweatt, to make states subject to liability for Federal e-Rulemaking Portal; (2) by Principal Deputy Assistant Secretary of Labor copyright infringement to the same facsimile; or (3) by hard copy. All for Occupational Safety and Health. extent as other parties, did not validly abrogate states’ sovereign immunity comments, attachments, and other [FR Doc. 2020–11986 Filed 6–2–20; 8:45 am] material must identify the agency name against suit. Following the decision, BILLING CODE 4510–26–P and the OSHA docket number for this Senators Thom Tillis and Patrick Leahy ICR (Docket No. OSHA–2010–0050). sent a letter to the Copyright Office You may supplement electronic requesting that the Office ‘‘research this submissions by uploading document issue to determine whether there is files electronically. If you wish to mail sufficient basis for federal legislation additional materials in reference to an electronic or facsimile submission, you 1 140 S. Ct. 994 (2020).

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abrogating State sovereign immunity Shortly after the Atascadero decision, After the Office issued its report, the when States infringe copyrights.’’ 2 Congress asked then-Register of CRCA was introduced in Congress, and Copyrights Ralph Oman to study what Congress held hearings on the issue of I. Background ‘‘practical problems’’ copyright owners state infringement. The final legislation a. The Copyright Remedy Clarification faced in enforcing their rights against amended the Copyright Act to provide Act state governments.12 The Office that ‘‘[a]ny State, any instrumentality of Under the doctrine of sovereign subsequently issued a request for public a State, and any officer or employee of immunity, ‘‘a federal court generally comment 13 and received approximately a State or instrumentality of a State may not hear a suit brought by any forty responses.14 Most comments were acting in his or her official capacity, person against a nonconsenting State.’’ 3 submitted by copyright owners, some of shall not be immune, under the The Fourteenth Amendment to the whom expressed concern about the risk Eleventh Amendment . . . or under any Constitution, however, ‘‘can authorize of future infringement by state entities, other doctrine of sovereign immunity, Congress to strip the States of while others discussed past acts of from suit in Federal court by any 17 immunity.’’ 4 Section 1 of that infringement committed by states.15 The person’’ for copyright infringement. It Amendment provides that states may Office summarized these comments in a further provided that ‘‘[a]ny State . . . not ‘‘deprive any person of life, liberty, public report (the ‘‘Oman Report’’), shall be subject to the provisions of this or property, without due process of which ultimately recommended that title in the same manner and to the same law,’’ 5 and section 5 gives Congress the Congress ‘‘amend the Copyright Act extent as any nongovernmental 18 ‘‘power to enforce, by appropriate . . . to ensure that copyright owners entity.’’ legislation,’’ those prohibitions,6 have an effective remedy against b. Florida Prepaid v. College Savings including by subjecting states to suit in infringing states.’’ 16 Bank federal court.7 Enacted on November 15, 1990, the But see Wihtol v. Crow, 309 F.2d 777, 782 (8th Cir. Nine years after enactment of the CRCA amended the Copyright Act to 1962) (dismissing copyright claim against school CRCA, the Supreme Court issued an district on Eleventh Amendment grounds because expressly provide that states are not opinion in Florida Prepaid the district was ‘‘an instrumentality of the State of Postsecondary Education Expense immune from suit for copyright Iowa, constituting a part of its educational system 19 infringement.8 Congress adopted the and engaged in performing a state governmental Board v. College Savings Bank, which legislation in response to a 1985 function under state law and at state expense’’). addressed whether Congress had validly 12 Supreme Court decision, Atascadero Letter from Reps. Robert W. Kastenmeier & abrogated states’ immunity from patent Carlos Moorhead, Subcomm. on Courts, Civil State Hospital v. Scanlon, in which the infringement suits when it adopted the Liberties and the Administration of Justice of the H. Patent Remedy Act. In Florida Prepaid, Court held that to abrogate state Comm. on the Judiciary, to Ralph Oman, Register sovereign immunity under the of Copyrights, U.S. Copyright Office at 1 (Aug. 3, the Court set out a number of Fourteenth Amendment, Congress must 1987), reproduced in U.S. Copyright Office, requirements that Congress needed to Copyright Liability of States and the Eleventh use ‘‘unequivocal’’ language making its meet for such abrogation to constitute a Amendment, A Report of the Register of Copyrights valid exercise of Congress’s authority intention explicit.9 At the time, the (June 1988), https://www.copyright.gov/reports/ Copyright Act was silent on whether copyright-liability-of-states-1988.pdf. under section 5 of the Fourteenth states were subject to liability,10 13 Request for Information: Eleventh Amendment, Amendment. First, Congress was although some pre-Atascadero courts 52 FR 42045 (Nov. 2, 1987). required to identify a ‘‘pattern of patent 14 The public comments can be viewed at https:// infringement’’ by state governments.20 had held that Congress intended states archive.org/details/ to be subject to infringement claims.11 Second, the infringement must Copyright11thAmendmentStudyComments. constitute a violation of the Fourteenth 15 U.S. Copyright Office, Copyright Liability of 2 Letter from Sens. Thom Tillis & Patrick Leahy States and the Eleventh Amendment: A Report of Amendment such that patent owners to Maria Strong, Acting Register of Copyrights, U.S. the Register of Copyrights 6 (June 1988) (‘‘Oman Copyright Office at 1 (Apr. 28, 2020), available at Report’’) (‘‘The major concern of copyright owners ‘‘Intellectual Property Clause’’). The Supreme Court https://www.copyright.gov/rulemaking/state- appears to be widespread, uncontrollable copying had not yet addressed that question. Shortly before sovereign-immunity/letter.pdf (‘‘Request Letter’’). of their works without remuneration’’), available at the report was completed, however, the Court 3 Allen, 140 S. Ct. at 1000. https://www.copyright.gov/reports/copyright- granted certiorari in United States v. Union Gas Co., 4 Id. at 1003. liability-of-states-1988.pdf. The CRCA’s legislative 832 F.2d 1343, 1356 (3d Cir. 1987), certiorari granted sub nom. Pennsylvania v. Union Gas Co., 5 U.S. Const. amend. XIV, sec. 1. history reveals similar concerns about prospective infringement. See Copyright Remedy Clarification 485 U.S. 958 (1988), in which the Third Circuit had 6 U.S. Const. amend. XIV, sec. 5. Act and Copyright Office Report on Copyright held that Article I could be a basis for abrogation. 7 Allen, 140 S. Ct. at 1003. Liability of States, Hearings Before the Subcomm. The Oman Report recommended that if the 8 Public Law 101–553, sec. 2(a)(2), 101 Stat. 2749 on Courts, Intellectual Property, and the Supreme Court affirmed that decision, Congress (1990), codified at 17 U.S.C. 511. Administration of Justice of the H. Comm. on the should revise section 501 of the Copyright Act to 9 473 U.S. 234, 247 (1985). Judiciary, 101st Cong. 102 (1989) (testimony of ‘‘clarify its intent to abrogate states’ Eleventh 10 See 17 U.S.C. 501(a) (1977) (‘‘Anyone who Barbara Ringer, former Register of Copyrights) (until Amendment Immunity pursuant to its [Intellectual violates any of the exclusive rights of the copyright Atascadero, states believed ‘‘you have got to pay,’’ Property Clause] power.’’ Oman Report at 104. owner as provided by sections 106 through 118, or but now ‘‘their lawyers are going to tell them you Otherwise, the Report recommended that Congress who imports copies or phonorecords into the don’t have to pay,’’ and ‘‘gradually, and maybe not ‘‘amend the jurisdictional provision in 28 U.S.C. United States in violation of section 602, is an so gradually, this free ride will become quite the 1338(a), to provide that where states are defendants, infringer of the copyright.’’). rule rather than the exception unless you do private individuals may sue them in state court for 11 See Mills Music, Inc. v. Arizona, 591 F.2d 1278, something’’); Copyright Remedy Clarification Act, copyright damages.’’ Id. at 104–05. 1285 (9th Cir. 1979) (affirming copyright damages Hearing Before the Subcomm. on Patents, 17 17 U.S.C. 511(a); see also id. at 511(b) (‘‘In a and attorneys’ fees award under 1909 Act because Copyrights and Trademarks of the S. Comm. on the suit described in subsection (a) for a violation language providing for damages against infringers Judiciary, 101st Cong. 69 (1989) (prepared described in that subsection, remedies (including was ‘‘sweeping and without apparent limitation, statement of Copyright Remedies Coalition) remedies both at law and in equity) are available suggesting that Congress intended to include states (expressing concern that ‘‘states may well confuse for the violation to the same extent as such within the class of defendants’’); Johnson v. Univ. insulation from damages with full immunity from remedies are available for such a violation in a suit of Va., 606 F. Supp. 321, 324 (W.D. Va. 1985) any copyright liability, causing them to believe that against any public or private entity other than a (‘‘[B]ased on the Mills Music analysis of the 1909 their activities are beyond the reach of the State, instrumentality of a State, or officer or Act, and this court’s examination of the operative Copyright Act’’). employee of a State acting in his or her official language of the 1976 Act, the court determines that 16 Oman Report at 104. The Office’s specific capacity.’’). the 1976 Act waived the states’ Eleventh legislative recommendations turned on whether 18 Id. at 501(a). Amendment immunity from liability for damages Congress could abrogate state immunity under 19 527 U.S. 627 (1999). and equitable relief for copyright infringements.’’). Article I, section 8, clause 8 of the Constitution (the 20 Id. at 640.

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were being deprived of property c. Allen v. Cooper and statutory remedy’’ was ‘‘askew.’’ 36 21 ‘‘without due process of law.’’ The This year, the Supreme Court decided The ‘‘exceedingly slight’’ evidence of Court explained that such a deprivation Allen v. Cooper, a case considering the Fourteenth Amendment injury, occurs ‘‘only where the State provides validity of the CRCA’s abrogation of combined with the fact that the statute no remedy, or only inadequate state immunity. In Allen, a videographer extended to ‘‘every infringement case remedies, to injured patent owners for brought an infringement action against against a State,’’ meant that ‘‘the law’s 22 its infringement of their patent.’’ The North Carolina after the state published ‘indiscriminate scope’ [was] ‘out of Court cautioned that, because states do his videos and photographs of a sunken proportion’ to any due process not violate due process when they pirate ship online without problem.’’ 37 commit a ‘‘negligent act that causes authorization. North Carolina contended At the conclusion of the opinion, the unintended injury to a person’s that it was immune to suit and that the Court observed that its decision ‘‘need property,’’ patent infringement that was CRCA failed to properly abrogate its not prevent Congress from passing a merely negligent rather than intentional immunity. Applying the analysis from valid copyright abrogation law in the or reckless did not violate the Florida Prepaid, the Court held that the future.’’ 38 It noted that in adopting the 23 Fourteenth Amendment. Third, there CRCA failed the congruence and CRCA, ‘‘Congress acted before this Court must be ‘‘congruence and proportionality test for substantially the created the ‘congruence and proportionality’’ between the same reasons that applied to the Patent proportionality’ test,’’ and therefore it constitutional violations Congress seeks Remedy Act.30 With respect to the ‘‘likely did not appreciate the to remedy and the means adopted for legislative record, the Court found the importance of linking the scope of its 24 that purpose. evidence of copyright infringement abrogation to the redress or prevention The Court in Florida Prepaid struck supporting the CRCA to be ‘‘scarcely of unconstitutional injuries—and of down the Patent Remedy Act for failure more impressive than what the Florida creating a legislative record to back up to meet these requirements. It Prepaid Court saw,’’ amounting to ‘‘only that connection.’’ 39 Under that concluded that Congress had not a dozen possible examples of state standard, ‘‘if [Congress] detects identified a pattern of infringement infringement.’’ 31 The Court also pointed violations of due process, then it may because (1) Congress had ‘‘little to congressional testimony and enact a proportionate response,’’ and evidence of infringing conduct’’ by state [t]hat kind of tailored statute can 25 statements by Members of Congress actors; (2) Congress ‘‘barely suggesting that copyright infringement effectively stop States from behaving as considered’’ the adequacy of state-law by states currently was not a widespread copyright pirates.’’ 40 remedies for patent infringement by the problem.32 26 d. Current Study state; (3) the legislative record did not The Court further held that Congress reflect a pattern of intentional or had failed to make a sufficient showing On April 28, 2020, Senators Thom reckless infringements, but instead of unconstitutional infringement by Tillis and Patrick Leahy sent a letter to consisted only of ‘‘a handful of states. Under its precedent, the Court the Copyright Office noting that the instances of state patent infringement noted, ‘‘a merely negligent act does not Allen decision has ‘‘created a situation that do not necessarily violate the ‘deprive’ a person of property,’’ and in which copyright owners are without 27 Constitution’’; and (4) the legislation therefore ‘‘an infringement must be remedy if a State infringes their was not limited to ‘‘cases involving intentional, or at least reckless, to come copyright and claims State sovereign arguable constitutional violations, such within the reach of the Due Process immunity,’’ and expressing concern as where a State refuses to offer any Clause.’’ 33 In the case of the CRCA, only ‘‘about the impact this may have on state-court remedy,’’ or cases where the two of the infringements cited in the American creators and innovators.’’ 41 infringement was not negligent or legislative record appeared to be The letter states that the Senators ‘‘have 28 committed pursuant to state policy. intentional.34 Moreover, the record heard from affected copyright owners After the Court’s decision, Congress contained ‘‘no information about the that in recent years State infringements considered, but did not pass, legislation availability of state-law remedies for of copyright have become much more that would have conditioned states’ copyright infringement (such as contract common.’’ 42 To determine whether ability to recover damages for or unjust enrichment suits)—even there is a sufficient basis for federal infringement of their own intellectual though they might themselves satisfy legislation, the letter asks that the Office property on their waiver of immunity to due process.’’ 35 The Court thus 29 ‘‘study the extent to which copyright infringement damages. concluded that the balance struck by the owners are experiencing infringements CRCA ‘‘between constitutional wrong by state entities without adequate 21 Id. at 642. 22 Id. at 643. remedies under state law. As part of this Intellectual Property Restoration Act of 2003, 23 analysis, the Office should consider the Id. at 645. Hearing Before House Subcomm. on Courts, the 24 Id. at 639 (quoting City of Boerne v. Flores, 521 internet, and Intellectual Property, 108th Cong. 36 U.S. 507, 520 (1997)). (June 17, 2003) (prepared statement of Marybeth Id. at 1007. 25 Id. at 640–41. Peters, Register of Copyrights), available at https:// 37 Id. (quoting Florida Prepaid, 527 U.S. at 646– 26 Id. at 643–44. www.copyright.gov/docs/regstat061703.html 47). 27 Id. at 645–66. (stating that proposed legislation ‘‘provides 38 Id.; see also id. at 1009 (Breyer, J., concurring) 28 Id. at 646–47. significant incentives for a State to waive its (‘‘One might . . . expect that someone injured by immunity, but does so in a way that is inherently a State’s violation of [its] duty [not to infringe 29 See Sovereign Immunity and Protection of proportional and fair to the States and copyright copyright] could ‘resort to the laws of his country Intellectual Property, Hearing Before Senate Comm. owners’’). for a remedy,’ .... Or more concretely, one might on the Judiciary, 107th Cong. 3–4 (Feb. 27, 2000) 30 Allen, 140 S. Ct. at 999. think that Walt Disney Pictures could sue a State (prepared statement of Sen. Patrick Leahy), https:// 31 (or anyone else) for hosting an unlicensed screening www.govinfo.gov/content/pkg/CHRG- Id. at 1006. 32 of the studio’s 2003 blockbuster film, Pirates of the 107shrg85184/pdf/CHRG-107shrg85184.pdf Id. Caribbean (or any one of its many sequels).’’ (discussing Intellectual Property Protection 33 Id. at 1004. The Court had previously reserved, (citation omitted)). Restoration Act of 2001 and stating that ‘‘no but not decided, the question ‘‘whether reckless 39 condition could be more reasonable or conduct suffices’’ to violate due process. Id. (citing Id. at 1007. proportionate than the condition that in order to Daniels v. Williams, 474 U.S. 327, 334 n.3 (1986)). 40 Id. obtain full protection for your federal intellectual 34 Id. at 1006. 41 Request Letter at 1. property rights, you must respect those of others’’); 35 Id. at 1006–07. 42 Id. at 2.

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extent to which such infringements subject, but the Office requests that state officials provide an adequate appear to be based on intentional or responding parties clearly identify and remedy to address the needs of reckless conduct.’’ 43 The letter requests separately address each subject for copyright owners in response to that the Office provide a public report which a response is submitted. The instances of state copyright summarizing the findings of this study, Office also requests that commenters infringement? as well as the facts and analyses upon explain their interest in the study and, c. To what extent are there state law which those findings are based, by April with respect to each answer, the basis causes of action that may provide a 30, 2021.44 for their knowledge (e.g., the commenter remedy for copyright infringements by Pursuant to this request, the Office is is a copyright owner, artist, academic, or state entities? Are there state court cases seeking public input in multiple phases. state official). in which a copyright owner has been The Office is providing 60 days for 1. Please provide information awarded a judgment on such a claim? written comments from interested regarding specific instances of d. To the extent state law provides a parties on the topics outlined below. To infringing conduct committed by a state cause of action relevant to copyright fulfill the request from Congress and the government entity, officer, or employee, infringement, how do the elements of requirements of the Court, the Office including, where relevant: the cause of action and/or available seeks factual evidence and other a. The work(s) infringed; remedies differ from those applicable to verifiable information to support this b. The act(s) of alleged infringement; claims under the Copyright Act? inquiry. For each question, to the extent c. When the infringement occurred; e. In your opinion, are those remedies available, please include empirical data d. The state actor(s) who committed adequate to address the needs of or other quantitative analysis in your the infringement; copyright owners in response to response. If describing a litigation e. Whether the infringement was instances of state copyright matter, please include information intentional or reckless, and the basis for infringement? sufficient for the Office to identify such that conclusion; 4. How can Congress determine f. Whether the infringement was matter, such as the relevant court, whether copyright infringement by a docket number, asserted claims, and committed pursuant to a state policy; g. Whether the state was contacted by state is common or infrequent? What dates. As applicable, the Office or on behalf of the copyright owner in metrics should be used in making such encourages commenters to append response to the infringement, and if so, a determination? relevant materials, such as pleadings, 5. Has the prevalence of infringement how the state responded; opinions, or other documentary h. Whether a lawsuit was filed as a by states increased in recent years? evidence, in support of their comments. result of the infringement, and if so, a. What empirical evidence is If participants currently gathering where the case was filed, what claim(s) available to determine whether and to empirical research and analyses find were brought regarding the what extent there has been a change themselves unable to complete them infringement, whether the case remains over time? b. To what extent, if any, have within the 60-day period for pending, and if not, how it was submissions, they are encouraged to resolved; and instances of actual or threatened contact the Office promptly, describing i. If a lawsuit was not filed, why the infringement by states increased since the nature of the research and indicating copyright owner chose not to do so, the decision in Allen, or can they be the time required for completion. To the including whether it attempted to expected to increase? extent possible, the Office will seek to resolve the matter privately in lieu of 6. How do different states handle accommodate such submissions by litigation, and any relevant details with claims of infringement? Please discuss, providing an additional comment respect to those attempts. as relevant: period limited to the provision of 2. To what extent does state sovereign a. Whether any state agencies carry empirical data at a later date, but immunity affect the licensing or sale of insurance policies that would cover encourages all commenters to meet the copies of copyrighted works to state infringement by a state employee, and if noticed deadline if possible, so that the entities? For example: so, whether those insurance policies Office may fully consider the a. Do copyright owners provide distinguish between infringement that is submissions in light of the different payment or licensing terms in intentional, reckless, or negligent; congressional deadline. transactions with state entities than are b. Any laws, regulations, or policies After this comment period has closed, provided in transactions with other that state entities have adopted to the Office intends to host one or more parties? minimize the likelihood of, or to public roundtables to seek additional b. Have copyright owners changed provide a remedy for, copyright input, potentially virtually. The Office aspects of their sales or licensing infringement by a state entity; may request further written comments practices as a result of state sovereign c. How frequently copyright owners on particular issues discussed in immunity? claim a state actor has infringed their response to this notice and/or at the c. Do different states or state entities rights, either privately or in litigation; public roundtables. take different approaches to working d. How state entities typically with copyrighted material? Are there respond to credible claims of copyright II. Subjects of Inquiry particular states that more frequently infringement, including any formal or The Copyright Office invites written infringe? informal policies providing for comments on the subjects below. A 3. What remedies are available for negotiations with or payment to the party choosing to respond to this Notice copyright owners when states infringe copyright owner, as well as whether the of Inquiry need not address every their works? Attorney General’s office is notified of a. To what extent did copyright such claims; 43 Id. owners file suits under the Copyright e. What state entities are eligible to 44 Id. Senators Tillis and Leahy also sent a letter Act against state entities prior to the assert sovereign immunity as a defense to the Patent and Trademark Office requesting a Supreme Court’s decision in Allen v. to copyright infringement claims; study of patent and trademark infringement by state f. Whether state entities have the right entities. See Letter from Sens. Thom Tillis & Patrick Cooper? Leahy to Andrei Iancu, Director, U.S. Patent and b. In your opinion, does the to waive sovereign immunity as a Trademark Office (Apr. 28, 2020). availability of injunctive relief against defense to an infringement lawsuit in

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federal court, and what authority (256) 544–0013. Email I. Introduction permits or prevents such waiver; and [email protected]. The Commission gives notice that the g. Whether any states record and/or FOR FURTHER INFORMATION CONTACT: Kyle Postal Service filed request(s) for the track copyright infringement claims Costabile, Technology Transfer, ST22, Commission to consider matters related received by state entities. NASA Marshall Space Flight Center, to negotiated service agreement(s). The 7. Please identify any pertinent issues Huntsville, AL 35812, (256) 316–9556. request(s) may propose the addition or not referenced above that the Copyright Email [email protected]. removal of a negotiated service Office should consider in conducting its SUPPLEMENTARY INFORMATION: agreement from the market dominant or study. This notice of intent to grant an exclusive the competitive product list, or the Dated: May 29, 2020. invention license is issued in modification of an existing product Regan A. Smith, accordance with 35 U.S.C. 209(e) and 37 currently appearing on the market General Counsel and Associate Register of CFR 404.7(a)(1)(i). The patent rights in dominant or the competitive product Copyrights. these inventions have been assigned to list. [FR Doc. 2020–12019 Filed 6–2–20; 8:45 am] the United States of America as Section II identifies the docket BILLING CODE 1410–30–P represented by the Administrator of the number(s) associated with each Postal National Aeronautics and Space Service request, the title of each Postal Administration. The prospective Service request, the request’s acceptance NATIONAL AERONAUTICS AND exclusive license will comply with the date, and the authority cited by the SPACE ADMINISTRATION requirements of 35 U.S.C. 209 and 37 Postal Service for each request. For each CFR 404.7. request, the Commission appoints an [Notice (20–051)] Information about other NASA officer of the Commission to represent Notice of Intent To Grant an Exclusive inventions available for licensing can be the interests of the general public in the License found online at http:// proceeding, pursuant to 39 U.S.C. 505 technology.nasa.gov. (Public Representative). Section II also AGENCY: National Aeronautics and establishes comment deadline(s) Space Administration. Helen M. Galus, pertaining to each request. ACTION: Notice of intent to grant Agency Counsel for Intellectual Property. The public portions of the Postal exclusive invention license. [FR Doc. 2020–11933 Filed 6–2–20; 8:45 am] Service’s request(s) can be accessed via BILLING CODE 7510–13–P the Commission’s website (http:// SUMMARY: NASA hereby gives notice of www.prc.gov). Non-public portions of its intent to grant an exclusive invention the Postal Service’s request(s), if any, license in the United States to practice POSTAL REGULATORY COMMISSION can be accessed through compliance the invention described and claimed in with the requirements of 39 CFR NASA Case Number MFS–33884–1, [Docket Nos. MC2020–143 and CP2020–153; 3011.301.1 entitled ‘‘Ruggedizing a Commercial MC2020–144 and CP2020–154; MC2020–145 The Commission invites comments on Camera for Space Flight Environments,’’ and CP2020–155; MC2020–146 and CP2020– whether the Postal Service’s request(s) to Imperx, Inc., having its principal 156] in the captioned docket(s) are consistent place of business in Boca Raton, Florida. with the policies of title 39. For NASA has not yet made a determination New Postal Products request(s) that the Postal Service states to grant the requested license and may concern market dominant product(s), AGENCY: Postal Regulatory Commission. deny the requested license even if no applicable statutory and regulatory objections are submitted within the ACTION: Notice. requirements include 39 U.S.C. 3622, 39 comment period. SUMMARY: The Commission is noticing a U.S.C. 3642, 39 CFR part 3030, and 39 DATES: The prospective exclusive recent Postal Service filing for the CFR part 3040, subpart B. For request(s) license may be granted unless NASA Commission’s consideration concerning that the Postal Service states concern receives written objections including negotiated service agreements. This competitive product(s), applicable evidence and argument, no later than notice informs the public of the filing, statutory and regulatory requirements June 18, 2020 that establish that the invites public comment, and takes other include 39 U.S.C. 3632, 39 U.S.C. 3633, grant of the license would not be administrative steps. 39 U.S.C. 3642, 39 CFR part 3035, and consistent with the requirements 39 CFR part 3040, subpart B. Comment DATES: Comments are due: June 5, 2020. regarding the licensing of federally deadline(s) for each request appear in owned inventions as set forth in the ADDRESSES: Submit comments section II. electronically via the Commission’s Bayh-Dole Act and implementing II. Docketed Proceeding(s) regulations. Competing applications Filing Online system at http:// completed and received by NASA no www.prc.gov. Those who cannot submit 1. Docket No(s).: MC2020–143 and later than June 18, 2020 will also be comments electronically should contact CP2020–153; Filing Title: USPS Request treated as objections to the grant of the the person identified in the FOR FURTHER to Add Priority Mail Contract 621 to contemplated exclusive license. INFORMATION CONTACT section by Competitive Product List and Notice of Objections submitted in response to this telephone for advice on filing Filing Materials Under Seal; Filing notice will not be made available to the alternatives. Acceptance Date: May 28, 2020; Filing public for inspection and, to the extent FOR FURTHER INFORMATION CONTACT: Authority: 39 U.S.C. 3642, 39 CFR permitted by law, will not be released David A. Trissell, General Counsel, at 3040.130 et seq., and 39 CFR 3035.105; under the Freedom of Information Act. 202–789–6820. Public Representative: Christopher C. Mohr; Comments Due: June 5, 2020. ADDRESSES: Objections relating to the SUPPLEMENTARY INFORMATION: prospective license may be submitted to Table of Contents 1 See Docket No. RM2018–3, Order Adopting James J. McGroary, Chief Patent Final Rules Relating to Non-Public Information, Counsel/LS01, NASA Marshall Space I. Introduction June 27, 2018, Attachment A at 19–22 (Order No. Flight Center, Huntsville, AL 35812, II. Docketed Proceeding(s) 4679).

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2. Docket No(s).: MC2020–144 and SUPPLEMENTARY INFORMATION: The SECURITIES AND EXCHANGE CP2020–154; Filing Title: USPS Request United States Postal Service® hereby COMMISSION to Add Priority Mail Contract 622 to gives notice that, pursuant to 39 U.S.C. [Release No. 34–88971; File No. SR–OCC– Competitive Product List and Notice of 3642 and 3632(b)(3), on May 27, 2020, 2020–804] Filing Materials Under Seal; Filing it filed with the Postal Regulatory Acceptance Date: May 28, 2020; Filing Commission a USPS Request to Add Self-Regulatory Organizations; The Authority: 39 U.S.C. 3642, 39 CFR Priority Mail Express International, Options Clearing Corporation; Notice 3040.130 et seq., and 39 CFR 3035.105; Priority Mail International, First-Class of Filing of Advance Notice of and No Public Representative: Christopher C. Package International Service & Objection to The Options Clearing Mohr; Comments Due: June 5, 2020. Commercial ePacket Contract 1 to Corporation’s Proposal To Enter Into a 3. Docket No(s).: MC2020–145 and Competitive Product List. Documents New Credit Facility Agreement CP2020–155; Filing Title: USPS Request are available at www.prc.gov, Docket to Add First-Class Package Service May 28, 2020. Nos. MC2020–140 and CP2020–149. Contract 110 to Competitive Product Pursuant to Section 806(e)(1) of Title List and Notice of Filing Materials Ruth Stevenson, VIII of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Under Seal; Filing Acceptance Date: Chief Counsel, Federal Compliance. entitled Payment, Clearing and May 28, 2020; Filing Authority: 39 [FR Doc. 2020–11971 Filed 6–2–20; 8:45 am] U.S.C. 3642, 39 CFR 3040.130 et seq., Settlement Supervision Act of 2010 and 39 CFR 3035.105; Public BILLING CODE 7710–12–P (‘‘Clearing Supervision Act’’) 1 and Rule Representative: Kenneth R. Moeller; 19b–4(n)(1)(i) 2 under the Securities Exchange Act of 1934 (‘‘Exchange Act’’ Comments Due: June 5, 2020. POSTAL SERVICE 4. Docket No(s).: MC2020–146 and or ‘‘Act’’),3 notice is hereby given that on April 27, 2020, the Options Clearing CP2020–156; Filing Title: USPS Request International Product Change—Priority Corporation (‘‘OCC’’) filed with the to Add Priority Mail Express Mail Express International, Priority Mail International, Priority Mail International Securities and Exchange Commission International & Commercial ePacket (‘‘Commission’’) an advance notice as & Commercial ePacket Duty and Tax Duty and Tax Chargeback Agreement Chargeback Contract 1 to Competitive described in Items I, II and III below, which Items have been prepared by Product List and Notice of Filing AGENCY: Postal ServiceTM. Materials Under Seal; Filing Acceptance OCC. The Commission is publishing Date: May 28, 2020; Filing Authority: 39 ACTION: Notice. this notice to solicit comments on the U.S.C. 3642, 39 CFR 3040.130 et seq., advance notice from interested persons, and 39 CFR 3035.105; Public SUMMARY: The Postal Service gives and to provide notice that the Representative: Natalie R. Ward; notice of filing a request with the Postal Commission does not object to the Comments Due: June 5, 2020. Regulatory Commission to add a Priority changes set forth in the advance notice. This Notice will be published in the Mail Express International, Priority Mail I. Clearing Agency’s Statement of the Federal Register. International & Commercial ePacket Terms of Substance of the Advance Erica A. Barker, Duty and Tax Chargeback contract to the Notice Secretary. list of Negotiated Service Agreements in This advance notice is submitted in [FR Doc. 2020–11943 Filed 6–2–20; 8:45 am] the Competitive Product List in the Mail connection with a proposed change to BILLING CODE 7710–FW–P Classification Schedule. OCC’s operations in the form of the DATES: Date of notice: June 3, 2020. replacement of a revolving credit facility that OCC maintains for a 364-day term FOR FURTHER INFORMATION CONTACT: and that it may use: (i) In anticipation POSTAL SERVICE Christopher C. Meyerson, (202) 268– of a potential default by or suspension 7820. of a Clearing Member; (ii) to meet International Product Change—Priority obligations arising out of the default or Mail Express International, Priority Mail SUPPLEMENTARY INFORMATION: The suspension of a Clearing Member; (iii) to International, First-Class Package ® United States Postal Service hereby meet reasonably anticipated liquidity International Service & Commercial gives notice that, pursuant to 39 U.S.C. needs for same-day settlement as a ePacket Agreement 3642 and 3632(b)(3), on May 28, 2020, result of the failure of any bank or AGENCY: Postal ServiceTM. it filed with the Postal Regulatory securities or commodities clearing Commission a USPS Request to Add ACTION: Notice. organization to achieve daily settlement; Priority Mail Express International, or (iv) to meet obligations arising out of SUMMARY: The Postal Service gives Priority Mail International & the failure of a bank or securities or notice of filing a request with the Postal Commercial ePacket Duty and Tax commodities clearing organization to Regulatory Commission to add a Priority Chargeback Contract 1 to Competitive perform its obligations due to its Mail Express International, Priority Mail Product List. Documents are available at bankruptcy, insolvency, receivership or International, First-Class Package www.prc.gov, Docket Nos. MC2020–146 suspension of operations. OCC has International Service & Commercial and CP2020–156. provided a summary of the terms and ePacket contract to the list of Negotiated conditions of the proposed renewal in Service Agreements in the Competitive Ruth Stevenson, confidential Exhibit 3 to File No. SR– Product List in the Mail Classification Chief Counsel, Federal Compliance. OCC–2020–804. Schedule. [FR Doc. 2020–11972 Filed 6–2–20; 8:45 am] The advance notice is available on OCC’s website at https:// DATES: Date of notice: June 3, 2020. BILLING CODE 7710–12–P FOR FURTHER INFORMATION CONTACT: 1 12 U.S.C. 5465(e)(1). Christopher C. Meyerson, (202) 268– 2 17 CFR 240.19b–4(n)(1)(i). 7820. 3 15 U.S.C. 78a et seq.

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www.theocc.com/about/publications/ deposits and/or Clearing Fund public document.8 The New Facility bylaws.jsp. All terms with initial contributions.5 would include changes to the list of capitalization that are not otherwise OCC’s existing credit facility joint lead arrangers and bookrunners, defined herein have the same meaning (‘‘Existing Facility’’) was implemented the back-up administrative agent, the as set forth in the OCC By-Laws and as of June 26, 2019, through the back-up collateral agent, and the 4 Rules. execution of a credit agreement among syndication agents. The New Facility would also include changes to certain OCC, the administrative agent, the II. Clearing Agency’s Statement of the commercial terms, such as the interest collateral agent, and the lenders that are Purpose of, and Statutory Basis for, the rate, commitment fee, and upfront fees, parties to the agreement from time to Advance Notice which OCC believes are generally In its filing with the Commission, time. The Existing Facility provides aligned with current market rates for OCC included statements concerning short-term secured borrowings in an this type of facility. In addition, the the purpose of and basis for the advance aggregate principal amount of $2 billion New Facility would update language notice and discussed any comments it but may be increased to $3 billion if concerning European Union (‘‘EU’’) received on the advance notice. The text OCC so requests and sufficient bail-in provisions to recognize the of these statements may be examined at commitments from lenders are received United Kingdom (‘‘UK’’) bail-in regime 6 the places specified in Item IV below. and accepted. To obtain a loan under now that the UK is no longer part of the OCC has prepared summaries, set forth the Existing Facility, OCC must pledge EU. Finally, the Summary of Terms and in sections A and B below, of the most as collateral: (i) U.S. dollars; (ii) Conditions would be updated to include significant aspects of these statements. securities issued or guaranteed by the provisions that are currently included in U.S. Government, the Government of the credit agreement for the Existing A. Clearing Agency’s Statement on Canada, the Federal Republic of Facility but not previously included as Comments on the Advance Notice Germany, the Republic of France, Japan part of the Summary of Terms and Received From Members, Participants or or the United Kingdom; (iii) S&P 500 Conditions. For example, the Summary Others Market Index equities; (iv) Exchange- of Terms and Conditions would contain Written comments were not and are Traded Funds (‘‘ETFs’’); (v) American updates regarding the lenders’ ability to not intended to be solicited with respect Depositary Receipts (‘‘ADRs’’); or (vi) assign and sell participations in their to the advance notice and none have certain government-sponsored loans and commitments to eligible been received. OCC will notify the enterprise (‘‘GSE’’) debt securities. banks. It would also be updated to Commission of any written comments Certain mandatory prepayments or clarify the timing requirements for received by OCC. deposits of additional collateral are calculating the market value of certain required depending on changes in the pledged equities. B. Advance Notices Filed Pursuant to collateral’s market value. In connection The conditions regarding the Section 806(e) of the Payment, Clearing, with OCC’s past implementation of the availability of the New Facility, which and Settlement Supervision Act Existing Facility, OCC filed an advance OCC anticipates will be satisfied on or Description of Proposed Change notice with the Commission on April about June 23, 2020, include the execution and delivery of: (i) A credit Background 26, 2019, and the Commission published a Notice of No Objection on agreement between OCC and the This advance notice is being filed in June 24, 2019.7 administrative agent, collateral agent connection with a proposed change in and various lenders under the New the form of the replacement of a Description of the Proposal Facility; (ii) a pledge agreement between revolving credit facility that OCC OCC and the administrative agent or maintains for a 364-day term and that it Renewal. The Existing Facility is set collateral agent; and (iii) such other may use: (i) In anticipation of a to expire on June 24, 2020. OCC is documents as may be required by the potential default by or suspension of a currently negotiating the terms of a new parties. The definitive documentation Clearing Member; (ii) to meet credit facility (‘‘New Facility’’) on concerning the New Facility is expected obligations arising out of the default or substantially similar terms as the to be consistent with the Summary of suspension of a Clearing Member; (iii) to Existing Facility, and the definitive Terms and Conditions that is provided meet reasonably anticipated liquidity documentation concerning the New in confidential Exhibit 3, although it needs for same-day settlement as a Facility is expected to be substantially may include certain changes to business result of the failure of any bank or similar to the definitive documentation terms as may be necessary to obtain the securities or commodities clearing concerning the Existing Facility. The agreement of lenders with sufficient organization to achieve daily settlement; proposed terms and conditions that are funding commitments and certain or (iv) to meet obligations arising out of expected to be applicable to the New changes as may be necessary regarding the failure of a bank or securities or Facility, subject to agreement by the administrative and operational terms commodities clearing organization to lenders, are set forth in the Summary of being finalized between the parties. perform its obligations due to its Terms and Conditions, which is not a Future Renewals. OCC expects to bankruptcy, insolvency, receivership or continue to renew its revolving credit suspension of operations (‘‘Permitted 5 See generally Article VIII of OCC’s By-Laws and facility annually on substantially similar Use Circumstances’’). In any such OCC Rules 1006(f), 1102, and 1104(b). terms and conditions as the New 6 OCC notes that it previously exercised this Permitted Use Circumstance, OCC has Facility. The terms and conditions of accordion feature under the Existing Facility to any such future renewal (each a ‘‘Future certain conditional authority under its increase the commitment amount from $2 billion to By-Laws and Rules to borrow or $2.5 billion, and then subsequently reduced the Renewal’’) would be specified in otherwise obtain funds from third commitment amount back to $2 billion. As a result, subsequent credit agreements among OCC may only increase the commitment amount parties using Clearing Member margin under the Existing Facility by another $500 million 8 OCC has separately submitted a request for (to a total of $2.5 billion). confidential treatment to the Commission regarding 4 OCC’s By-Laws and Rules can be found on 7 See Securities Exchange Act Release No. 86182 the Summary of Terms and Conditions, which OCC OCC’s public website: http://optionsclearing.com/ (June 24, 2019), 84 FR 31128 (June 28, 2019) (SR– has provided in Exhibit 3 to File No. SR–OCC– about/publications/bylaws.jsp. OCC–2019–803). 2020–804.

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OCC, the lenders that are parties thereto, (2) the syndicate so long as all lenders minimize losses in the event of a the administrative agent, and the party to future credit facilities are Permitted Use Circumstance by collateral agent. To provide OCC and subject to the same credit review as allowing it to obtain funds on extremely market participants with greater those lenders that are party to the New short notice to ensure clearance and certainty regarding a continuing source Facility; settlement of transactions in options of committed liquidity to meet OCC’s (3) pricing and collateral haircuts,13 and other contracts without settlement obligations, and thus mitigate so long as such terms are consistent interruption. OCC believes that the OCC’s liquidity risk, OCC proposes to be with the then current market practice; or reduced settlement risk presented by able to enter Future Renewals without (4) representations, warranties, OCC resulting from the New Facility an additional advance notice provided covenants, and terms of events of and Future Renewals would that the terms of the Future Renewal default,14 so long as any modifications correspondingly reduce systemic risk adhere to certain conditions specified in are immaterial to OCC as a borrower and and promote the safety and soundness (a) and (b) and (1) through (4) below do not impair materially OCC’s ability of the clearing system. By drawing on (collectively, ‘‘Evergreen Provisions’’). to borrow under the line of credit the New Facility or under any Future OCC believes these Evergreen consistent with the Evergreen Renewals, OCC would also be able to Provisions would be consistent with Provisions. OCC would not consider avoid liquidating margin deposits or similar terms regarding committed changes to the Evergreen Provisions Clearing Fund contributions in what credit facility renewals by other within these specified parameters as would likely be volatile market registered clearing agencies, for which materially altering the terms and conditions, which would preserve funds the Commission issued a Notice of No conditions of the New Facility or Future available to cover any losses resulting Objection.9 Renewals. from the failure of a Clearing Member, Evergreen Provisions So long as any Future Renewal bank, or other clearing organization. adheres to the conditions specified in OCC believes that the proposed OCC does not currently expect to the Evergreen Provisions, as described change would not otherwise affect or make changes to: above, OCC would consider such Future alter the management of risk at OCC (a) The financial institution acting as Renewal as being on substantially the because the New Facility would lead administrative agent; or same terms and conditions as the New generally preserve the same terms and (b) the commitment period (which Facility such that it would not need to conditions as the Existing Facility. would continue to be 364 calendar days be subject to the requirement to file an unless changes are necessary to avoid Consistency With the Payment, Clearing advance notice filing pursuant to the expiration of the term falling on a and Settlement Supervision Act Section 806(e)(1) of the Clearing weekend or other day that is not a Supervision Act.15 In the event that any The stated purpose of the Clearing business day) in connection with Future annual Future Renewal of the New Supervision Act is to mitigate systemic Renewals, but OCC would treat any Facility is not on terms and conditions risk in the financial system and promote such change in a Future Renewal as that adhere to the Evergreen Provisions, financial stability by, among other subject to the requirement to file an such renewal would be subject to an things, promoting uniform risk advance notice pursuant to Section advance notice filing pursuant to management standards for systemically 806(e)(1) of the Clearing Supervision Section 806(e)(1) of the Clearing important financial market utilities and Act.10 strengthening the liquidity of OCC may consider changes to: Supervision Act. If OCC determines to address Future Renewals in such a systemically important financial market (1) The aggregate and potential 16 filing, it would include in that filing the utilities. Section 805(a)(2) of the additional commitment amounts that it 17 proposed conditions to the terms of any Clearing Supervision Act also may seek, so long as such amounts authorizes the Commission to prescribe considered: subsequent renewals that could be done without an additional advance notice. risk management standards for the (i) Increase by no more than $500 payment, clearing and settlement million in total (whether in the initial Anticipated Effect on and Management activities of designated clearing entities, commitment amount, additional of Risk like OCC, for which the Commission is commitment amount, or both) above the Completing timely settlement is a key the supervisory agency. Section 805(b) amount being sought by OCC under the 18 aspect of OCC’s role as a clearing agency of the Clearing Supervision Act states New Facility, or that the objectives and principles for (ii) decrease by no more than $500 performing central counterparty risk management standards prescribed million below the amount being sought services. Overall, the New Facility and under Section 805(a) shall be to: by OCC under the New Facility, Future Renewals would continue to • promote the reduction of risks to OCC, Promote robust risk management; provided that any decrease in the initial • promote safety and soundness; its Clearing Members, and the markets commitment amount is replaced by • reduce systemic risks; and other qualifying liquid resources (as OCC serves in general because it would • support the stability of the broader defined in Exchange Act Rule 17Ad– allow OCC to obtain short-term funds in financial system. 22(a)(14)) 11 of an equal amount; 12 the Permitted Use Circumstances. The The Commission has adopted risk existence of the New Facility and Future management standards under Section 9 See Securities Exchange Act Release No. 80605 Renewals would therefore help OCC 805(a)(2) of the Clearing Supervision (May 5, 2017), 82 FR 21850 (May 10, 2017) (SR– Act and the Exchange Act in furtherance 13 DTC–2017–802; SR–NSCC–2017–802). ‘‘Collateral haircuts’’ with respect to the 19 10 12 U.S.C. 5465(e)(1). collateral for any borrowing under the credit facility of these objectives and principles. 11 17 CFR 240.17Ad–22(a)(14). refers to the schedule of percentages of market 16 12 For example, this may include an increase in value by type of collateral, determining the 12 U.S.C. 5461(b). OCC’s Cash Clearing Fund Requirement as required collateral value of that type of collateral, for 17 12 U.S.C. 5464(a)(2). under Rule 1002(a) or other committed liquidity purposes of securing a borrowing. 18 12 U.S.C. 5464(b). resources for which the Commission has issued a 14 ‘‘Events of default’’ refers to those events or 19 17 CFR 240.17Ad–22. See Securities Exchange Notice of No Objection. See, e.g., Securities conditions which trigger or constitute a default of Act Release Nos. 68080 (October 22, 2012), 77 FR Exchange Act Release No. 88317 (March 4, 2020), OCC under the credit agreement. 66220 (November 2, 2012) (S7–08–11) (‘‘Clearing 85 FR 13681 (March 9, 2020) (SR–OCC–2020–801). 15 12 U.S.C. 5465(e)(1). Continued

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Rule 17Ad–22 requires registered foreseeable stress scenarios that enter into a future credit facility clearing agencies, like OCC, to establish, includes, but is not limited to, the designed to, among other things, help implement, maintain, and enforce default of the participant family that ensure that OCC has sufficient, readily- written policies and procedures that are would generate the largest aggregate available qualifying liquid resources to reasonably designed to meet certain payment obligation for [OCC] in extreme meet the cash settlement obligations of minimum requirements for their but plausible market conditions.’’ As its largest Clearing Member Group. operations and risk management described above, the New Facility Therefore, OCC believes that the practices on an ongoing basis.20 would provide OCC with a readily proposal is consistent with Rule 17Ad– Therefore, the Commission has stated 21 available liquidity resource that would 22(e)(7)(ii).30 that it believes it is appropriate to enable it to, among other things, For the foregoing reasons, OCC review changes proposed in advance continue to meet its obligations in a believes that the proposed changes are notices against Rule 17Ad–22 and the timely fashion in a Permitted Use consistent with Section 805(b)(1) of the objectives and principles of these risk Circumstance and as an alternative to Clearing Supervision Act 31 and Rule management standards as described in selling Clearing Member collateral 17Ad–22(e)(7) 32 under the Act. Section 805(b) of the Clearing under what may be stressed and volatile Supervision Act.22 market conditions. Additionally, Accelerated Commission Action OCC believes that the proposed because the Evergreen Provisions would Requested changes are consistent with Section ensure that any Future Renewals that Pursuant to Section 806(e)(1)(I) of the 805(b)(1) of the Clearing Supervision adhere to those terms would be Clearing Supervision Act,33 OCC Act 23 because the New Facility and substantially similar to the New requests that the Commission notify Future Renewals would provide OCC Facility, such Future Renewals also OCC that it has no objection to the New with continued access to a stable and would provide OCC with a readily Facility not later than Friday, June 19, reliable source of committed liquidity available liquidity resource that would 2020, which shall be two business days that can be accessed in a timely manner enable it to, among other things, prior to the expected June 23, 2020, to meet its settlement obligations, continue to meet its obligations in a availability of the New Facility. OCC contain losses and liquidity pressures, timely fashion in a Permitted Use requests Commission action by this date and mitigate OCC’s liquidity risk. Circumstance, thereby helping to to ensure that there is no period that Accordingly, OCC believes that the contain losses and liquidity pressures. OCC operates without this essential proposed changes: (i) Are designed to Allowing OCC to enter Future Renewals liquidity resource, given its importance promote robust risk management; (ii) are pursuant to the Evergreen Provisions to OCC’s borrowing capacity in consistent with promoting safety and without filing an additional advance connection with its management of soundness; and (iii) are consistent with notice would also reduce the risk of liquidity and settlement risk and timely reducing systemic risks and promoting gaps in liquidity coverage and better completion of clearance and settlement. the stability of the broader financial allow OCC to continually maintain system. sufficient liquidity resources. For these III. Date of Effectiveness of the Advance OCC believes that the New Facility reasons, OCC believes that the proposal Notice and Timing for Commission and Future Renewals that adhere to the is consistent with Rule 17Ad– Action Evergreen Provisions are also consistent 22(e)(7)(i).27 The proposed change may be with the requirements of Rule 17Ad– Rule 17Ad–22(e)(7)(ii) under the Act implemented if the Commission does 22(e)(7) under the Act.24 Rule 17Ad– requires OCC to establish, implement, not object to the proposed change 22(e)(7) requires OCC to establish, maintain and enforce written policies within 60 days of the later of (i) the date implement, maintain and enforce and procedures reasonably designed to the proposed change was filed with the written policies and procedures hold qualifying liquid resources Commission or (ii) the date any reasonably designed to effectively sufficient to satisfy payment obligations additional information requested by the measure, monitor, and manage liquidity owed to Clearing Members.28 Rule Commission is received. OCC shall not risk that arises in or is borne by OCC, 17Ad–22(a)(14) defines ‘‘qualifying implement the proposed change if the including measuring, monitoring, and liquid resources’’ to include, among Commission has any objection to the managing its settlement and funding other things, lines of credit without proposed change. flows on an ongoing and timely basis, material adverse change provisions, that The Commission may extend the and its use of intraday liquidity, as are readily available and convertible period for review by an additional 60 specified in the rule.25 In particular, into cash.29 As with the Existing days if the proposed change raises novel Rule 17Ad–22(e)(7)(i) under the Act 26 Facility, the New Facility would not be or complex issues, subject to the directs that OCC meet this obligation by, subject to any material adverse change Commission providing the clearing among other things, ‘‘[m]aintaining provision and would continue to be agency with prompt written notice of sufficient liquid resources at the designed to permit OCC to, among other the extension. A proposed change may minimum in all relevant currencies to things, help ensure that OCC has be implemented in less than 60 days effect same-day . . . settlement of sufficient, readily-available qualifying from the date the advance notice is payment obligations with a high degree liquid resources to meet the cash filed, or the date further information of confidence under a wide range of settlement obligations of its largest requested by the Commission is Clearing Member Group. Similarly, received, if the Commission notifies the Agency Standards’’); 78961 (September 28, 2016), because the Evergreen Provisions would clearing agency in writing that it does 81 FR 70786 (October 13, 2016) (S7–03–14) ensure that any Future Renewals that (‘‘Standards for Covered Clearing Agencies’’). not object to the proposed change and 20 17 CFR 240.17Ad–22. adhere to them would be substantially authorizes the clearing agency to 21 See supra note 7. similar to the New Facility, such Future implement the proposed change on an 22 12 U.S.C. 5464(b). Renewals also would permit OCC to 23 12 U.S.C. 5464(b)(1). 30 17 CFR 240.17Ad–22(e)(7)(ii). 24 17 CFR 240.17Ad–22(e)(7). 27 Id. 31 12 U.S.C. 5464(b)(1). 25 Id. 28 17 CFR 240.17Ad–22(e)(7)(ii). 32 17 CFR 240.17Ad–22(e)(7). 26 17 CFR 240.17Ad–22(e)(7)(i). 29 17 CFR 240.17Ad–22(a)(14). 33 12 U.S.C. 5465(e)(1)(I).

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earlier date, subject to any conditions All submissions should refer to File Supervision Act,42 and in Rule 17Ad–22 imposed by the Commission. Number SR–OCC–2020–804 and should under the Exchange Act, particularly OCC shall post notice on its website be submitted on or before June 18, 2020. Rule 17Ad–22(e)(7).43 of proposed changes that are implemented. The proposal shall not V. Commission Findings and Notice of A. Consistency With Section 805(b) of take effect until all regulatory actions No Objection the Clearing Supervision Act required with respect to the proposal are Although the Clearing Supervision The Commission believes that the completed. Act does not specify a standard of proposal contained in OCC’s Advance Notice is consistent with the stated IV. Solicitation of Comments review for an advance notice, its stated purpose is instructive: To mitigate objectives and principles of Section Interested persons are invited to systemic risk in the financial system 805(b) of the Clearing Supervision Act. submit written data, views, and and promote financial stability by, Specifically, as discussed below, the arguments concerning the foregoing, among other things, promoting uniform Commission believes that the changes including whether the advance notice is risk management standards for proposed in the Advance Notice are consistent with the Clearing systemically important financial market consistent with promoting robust risk Supervision Act. Comments may be utilities and strengthening the liquidity management, including in the area of submitted by any of the following of systemically important financial liquidity risk, promoting safety and methods: market utilities.34 Section 805(a)(2) of soundness, reducing systemic risks, and supporting the stability of the broader Electronic Comments the Clearing Supervision Act authorizes the Commission to prescribe risk financial system.44 • Use the Commission’s internet management standards for the payment, The Commission believes that the comment form (http://www.sec.gov/ clearing, and settlement activities of changes proposed in the Advance rules/sro.shtml); or designated clearing entities and Notice are consistent with promoting • Send an email to rule-comments@ financial institutions engaged in robust risk management, in particular sec.gov. Please include File Number SR– designated activities for which it is the management of liquidity risk presented OCC–2020–804 on the subject line. supervisory agency or the appropriate to OCC. Renewing and maintaining a Paper Comments financial regulator.35 Section 805(b) of credit facility for this purpose and in the • the Clearing Supervision Act 36 states manner proposed by OCC would Send paper comments in triplicate provide OCC with continued access to to Secretary, Securities and Exchange that the objectives and principles for the risk management standards prescribed a stable and reliable source of Commission, 100 F Street NE, committed liquidity that can be Washington, DC 20549. under Section 805(a) shall be to: • Promote robust risk management; accessed in a timely manner to meet its All submissions should refer to File settlement obligations, contain losses • promote safety and soundness; Number SR–OCC–2020–804. This file and liquidity pressures, and mitigate • reduce systemic risks; and number should be included on the OCC’s liquidity risk, while also helping • support the stability of the broader subject line if email is used. To help the to maintain the current diversity of financial system.37 Commission process and review your liquidity resources that OCC may use to The Commission has adopted risk comments more efficiently, please use resolve a Clearing Member default.45 management standards under Section only one method. The Commission will Additionally, allowing OCC annually to 805(a)(2) of the Clearing Supervision post all comments on the Commission’s renew the credit facility under certain Act 38 and Section 17A of the Exchange internet website (http://www.sec.gov/ specified circumstances without an Act (‘‘Rule 17Ad–22’’).39 Rule 17Ad–22 rules/sro.shtml). Copies of the additional advance notice and subject to submission, all subsequent requires registered clearing agencies to the Evergreen Provisions described amendments, all written statements establish, implement, maintain, and above would facilitate OCC’s ability to with respect to the advance notice that enforce written policies and procedures secure a continuing source of committed are filed with the Commission, and all that are reasonably designed to meet liquidity to meet its settlement written communications relating to the certain minimum requirements for their obligations. Further, because the advance notice between the operations and risk management Evergreen Provisions would ensure that 40 Commission and any person, other than practices on an ongoing basis. any such annual renewals would be those that may be withheld from the Therefore, it is appropriate for the substantially similar to the currently public in accordance with the Commission to review changes proposed credit facility, the provisions of 5 U.S.C. 552, will be proposed in advance notices against Commission believes that any such available for website viewing and Rule 17Ad–22 and the objectives and renewals would promote robust risk printing in the Commission’s Public principles of the risk management management by diversifying the Reference Room, 100 F Street NE, standards described in Section 805(b) of liquidity resources that OCC may use to 41 Washington, DC 20549 on official the Clearing Supervision Act. As resolve a Clearing Member default in the business days between the hours of discussed below, the Commission same manner as the currently proposed 10:00 a.m. and 3:00 p.m. Copies of the believes that the proposal in the credit facility. As such, the Commission filing also will be available for Advance Notice is consistent with the believes that the proposal would inspection and copying at the principal objectives and principles described in office of the self-regulatory organization. Section 805(b) of the Clearing 42 Id. All comments received will be posted 43 See 17 CFR 240.17Ad–22(e)(7). without change. Persons submitting 34 12 U.S.C. 5461(b). 44 12 U.S.C. 5464(b). 35 45 comments are cautioned that we do not 12 U.S.C. 5464(a)(2). OCC also maintains a minimum amount of cash 36 12 U.S.C. 5464(b). in its Clearing Fund as well as a non-bank liquidity redact or edit personal identifying 37 Id. facility. See Securities Exchange Act Release No. 82501 (Jan. 12, 2018), 83 FR 2843 (Jan. 19, 2018) information from comment submissions. 38 12 U.S.C. 5464(a)(2). (File No. SR–OCC–2017–808) and Securities You should submit only information 39 See 17 CFR 240.17Ad–22. Exchange Act Release No. 76821 (Jan. 4, 2016), 81 that you wish to make available 40 Id. FR 3208 (Jan. 20, 2016) (File No. SR–OCC–2015– publicly. 41 12 U.S.C. 5464(b). 805), respectively.

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promote robust risk management additional advance notice would provisions that are readily available and practices at OCC, consistent with facilitate the continued availability of convertible into cash.53 Section 805(b) of the Clearing this liquidity resource. These provisions As described above, the Supervision Act.46 would provide heightened certainty and implementation of the New Facility The Commission also believes that the stability for OCC and market would provide OCC with continued changes proposed in the Advance participants that OCC would be able to access to a $2 billion revolving credit Notice are consistent with promoting maintain access to liquidity resources to facility on substantially similar terms to safety and soundness. As described help manage a Clearing Member default the Existing Facility. As the above, the New Facility would maintain and would have flexibility to increase Commission noted previously, the OCC’s access to a significant liquidity the size of its liquidity resources in Existing Facility provides OCC with resource in the event of a Clearing response to market developments. access to a single credit facility designed Member default. The Evergreen Accordingly, the Commission believes to help ensure that OCC has sufficient, Provisions would preserve access to this that the proposal would help to reduce readily available qualifying liquid resource by ensuring that any annual the systemic risk of OCC, which in turn resources to meet the cash settlement renewals implemented without filing an would help to support the stability of obligations of its largest family of advance notice would be substantially the broader financial system, consistent affiliated members.54 Implementation of similar to the currently proposed credit with Section 805(b) of the Clearing the New Facility on substantially facility, the Commission believes that Supervision Act.49 similar terms to the Existing Facility any such annual renewals can be would ensure that OCC maintains expected to promote safety and Accordingly, and for the reasons continued access to such a credit soundness for the same reasons. stated above, the Commission believes facility. Because the Evergreen Further, by ensuring the continuity and the changes proposed in the Advance Provisions would ensure that any consistency of any subsequent renewals, Notice are consistent with Section annual renewals also would be the Advance Notice would support 805(b) of the Clearing Supervision 50 substantially similar to both the Existing OCC’s continued access to a readily Act. Facility and the New Facility, the available liquidity resource that could B. Consistency With Rule 17Ad–22(e)(7) provisions would help ensure that OCC enable OCC to continue to meet its Under the Exchange Act has sufficient, readily-available obligations to Clearing Members in a qualifying liquid resources to meet the timely fashion in the event of a Clearing Rule 17Ad–22(e)(7)(ii) requires, in cash settlement obligations of its largest Member default, thereby helping to part, OCC to establish, implement, family of affiliated members. Therefore, contain losses and liquidity pressures maintain and enforce written policies the Commission believes that the from that default. As such, the and procedures reasonably designed to proposal is consistent with Rule 17Ad– Commission believes it is consistent effectively measure, monitor, and 22(e)(7)(ii). with promoting safety and soundness as manage liquidity risk that arises in or is contemplated in Section 805(b) of the borne by OCC, including measuring, VI. Conclusion Clearing Supervision Act.47 monitoring, and managing its settlement It is therefore noticed, pursuant to In addition, the Commission believes and funding flows on an ongoing and Section 806(e)(1)(I) of the Clearing that the changes proposed in the timely basis, and its use of intraday Supervision Act, that the Commission Advance Notice are consistent with liquidity by, at a minimum, holding does not object to the Advance Notice reducing systemic risks and promoting qualifying liquid resources sufficient to SR–OCC–2020–804 and OCC can and the stability of the broader financial meet the minimum liquidity resource hereby is authorized to implement the system. As mentioned above, allowing requirement under Rule 17Ad– change as of the date of this notice. OCC to enter into the New Facility 22(e)(7)(i) 51 in each relevant currency would enable OCC, which has been By the Commission. for which the covered clearing agency J. Matthew DeLesDernier, designated a systemically important has payment obligations owed to 48 Assistant Secretary. FMU, to maintain an additional Clearing Members.52 Rule 17Ad– [FR Doc. 2020–11917 Filed 6–2–20; 8:45 am] liquidity resource that OCC may access 22(a)(14) of the Exchange Act defines to help manage a Clearing Member ‘‘qualifying liquid resources’’ to include, BILLING CODE 8011–01–P default. In addition, as noted above, among other things, lines of credit because the Evergreen Provisions would without material adverse change ensure that any annual renewals entered SECURITIES AND EXCHANGE into without filing an advance notice COMMISSION 49 Id. would be on substantially similar terms 50 12 U.S.C. 5464(b). [Release No. 34–88970; File No. SR– to the currently proposed credit facility, 51 Rule 17Ad–22(e)(7)(i) requires OCC to NYSEArca–2020–48] such future renewals also would enable establish, implement, maintain and enforce written OCC to maintain an additional liquidity policies and procedures reasonably designed to Self-Regulatory Organizations; NYSE resource that OCC may access to help effectively measure, monitor, and manage liquidity Arca, Inc.; Notice of Filing of Proposed risk that arises in or is borne by OCC, including Rule Change To List and Trade Shares manage a Clearing Member default. measuring, monitoring, and managing its settlement Moreover, allowing the annual renewal and funding flows on an ongoing and timely basis, of Gabelli ETFs Under Rule 8.900–E, of the credit facility under the proposed and its use of intraday liquidity by, at a minimum, Managed Portfolio Shares Evergreen Provisions without filing an maintaining sufficient liquid resources at the minimum in all relevant currencies to effect same- May 28, 2020. day settlement of payment obligations with a high Pursuant to Section 19(b)(1) 1 of the 46 12 U.S.C. 5464(b). degree of confidence under a wide range of Securities Exchange Act of 1934 47 Id. foreseeable stress scenarios that includes, but is not 48 The Financial Stability Oversight Council limited to, the default of the participant family that designated OCC a systemically important financial would generate the largest aggregate payment of 53 17 CFR 240.17Ad–22(a)(14). market utility on July 18, 2012. See Financial obligation for the covered clearing agency in 54 Securities Exchange Act Release No. 83529 Stability Oversight Council 2012 Annual Report, extreme but plausible conditions. 17 CFR (Jun. 27, 2018), 83 FR 31237, 31241 (Jul. 3, 2018) Appendix A, http://www.treasury.gov/initiatives/ 240.17Ad–22(e)(7)(i). (SR–OCC–2018–802). fsoc/Documents/2012%20Annual%20Report.pdf. 52 17 CFR 240.17Ad–22(e)(7)(ii). 1 15 U.S.C. 78s(b)(1).

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(‘‘Act’’) 2 and Rule 19b–4 thereunder,3 E(b)(1) requires the Exchange to file listing the Shares on the Exchange, as notice is hereby given that, on May 15, separate proposals under Section 19(b) provided under Rule 8.900–E(b)(1). 2020, NYSE Arca, Inc. (‘‘NYSE Arca’’ or of the Act before listing and trading any Rule 8.900–E(b)(4) provides that, if ‘‘Exchange’’) filed with the Securities series of Managed Portfolio Shares on the investment adviser to the and Exchange Commission the Exchange. Therefore, the Exchange Investment Company issuing Managed (‘‘Commission’’) the proposed rule is submitting this proposal in order to Portfolio Shares is registered as a change as described in Items I and II list and trade Managed Portfolio Shares broker-dealer or is affiliated with a below, which Items have been prepared of the Gabelli Growth Innovators ETF, broker-dealer, such investment adviser by the self-regulatory organization. The Gabelli Financial Services ETF, Gabelli will erect and maintain a ‘‘fire wall’’ Commission is publishing this notice to Small Cap Growth ETF, Gabelli Small & between the investment adviser and solicit comments on the proposed rule Mid Cap ETF, Gabelli Micro Cap ETF, personnel of the broker-dealer or broker- change from interested persons. Gabelli ESG ETF, Gabelli Asset ETF, dealer affiliate, as applicable, with Gabelli Equity Income ETF, and Gabelli respect to access to information I. Self-Regulatory Organization’s Green Energy ETF (each a ‘‘Fund’’ and, concerning the composition and/or Statement of the Terms of Substance of collectively, the ‘‘Funds’’) under Rule changes to such Investment Company the Proposed Rule Change 8.900–E. portfolio and/or the Creation Basket.6 The Exchange proposes to list and Any person related to the investment trade shares of the following under Rule Description of the Funds and the Trust adviser or Investment Company who 8.900–E (Managed Portfolio Shares): The shares of each Fund (the makes decisions pertaining to the Gabelli Growth Innovators ETF, Gabelli ‘‘Shares’’) will be issued by the Gabelli Investment Company’s portfolio Financial Services ETF, Gabelli Small ETFs Trust (the ‘‘Trust’’), a statutory composition or has access to Cap Growth ETF, Gabelli Small & Mid trust organized under the laws of the information regarding the Investment Cap ETF, Gabelli Micro Cap ETF, State of Delaware and registered with Company’s portfolio composition or Gabelli ESG ETF, Gabelli Asset ETF, the Commission as an open-end changes thereto or the Creation Basket Gabelli Equity Income ETF, and Gabelli management investment company.5 The must be subject to procedures designed Green Energy ETF. The proposed investment adviser to each Fund will be to prevent the use and dissemination of change is available on the Exchange’s Gabelli Funds, LLC (the ‘‘Adviser’’). material non-public information website at www.nyse.com, at the G.distributors, LLC (the ‘‘Distributor’’) regarding the applicable Investment principal office of the Exchange, and at will serve as the distributor of each of Company portfolio or changes thereto or the Commission’s Public Reference the Funds’ Shares. All statements and the Creation Basket. Room. representations made in this filing Rule 8.900–E(5) is similar to regarding (a) the description of the Commentary .03(a)(i) and (iii) to Rule II. Self-Regulatory Organization’s 5.2–E(j)(3); however, Commentary .03(a) Statement of the Purpose of, and portfolio or reference assets, (b) limitations on portfolio holdings or in connection with the establishment of Statutory Basis for, the Proposed Rule a ‘‘fire wall’’ between the investment Change reference assets, or (c) the applicability of Exchange rules shall constitute adviser and the broker-dealer reflects In its filing with the Commission, the continued listing requirements for the applicable open-end fund’s self-regulatory organization included portfolio, not an underlying benchmark statements concerning the purpose of, index, as is the case with index-based an interest in an investment company registered 7 and basis for, the proposed rule change under the Investment Company Act of 1940 funds. Rule 8.900–E(5) is also similar and discussed any comments it received (‘‘Investment Company’’) organized as an open-end on the proposed rule change. The text management investment company that invests in a 6 Rule 8.900–E(c)(5) provides that the term of those statements may be examined at portfolio of securities selected by the Investment ‘‘Creation Basket’’ means, on any given business Company’s investment adviser consistent with the day, the names and quantities of the specified the places specified in Item IV below. Investment Company’s investment objectives and instruments (and/or an amount of cash) that are The Exchange has prepared summaries, policies; (b) is issued in a Creation Unit, or required for an AP Representative to deposit in- set forth in sections A, B, and C below, multiples thereof, in return for a designated kind on behalf of an Authorized Participant in of the most significant parts of such portfolio of instruments (and/or an amount of cash) exchange for a Creation Unit and the names and with a value equal to the next determined net asset quantities of the specified instruments (and/or an statements. value and delivered to the Authorized Participant amount of cash) that will be transferred in-kind to A. Self-Regulatory Organization’s (as defined in the Investment Company’s Form N– an AP Representative on behalf of an Authorized 1A filed with the Commission) through a Participant in exchange for a Redemption Unit, Statement of the Purpose of, and the Confidential Account; (c) when aggregated into a which will be identical and will be transmitted to Statutory Basis for, the Proposed Rule Redemption Unit, or multiples thereof, may be each AP Representative before the commencement Change redeemed for a designated portfolio of instruments of trading. (and/or an amount of cash) with a value equal to 7 An investment adviser to an open-end fund is 1. Purpose the next determined net asset value delivered to the required to be registered under the Investment Confidential Account for the benefit of the Advisers Act of 1940 (the ‘‘Advisers Act’’). As a The Exchange has added new Rule Authorized Participant; and (d) the portfolio result, the Adviser and its related personnel will be 8.900–E for the purpose of permitting holdings for which are disclosed within at least 60 subject to the provisions of Rule 204A–1 under the the listing and trading, or trading days following the end of every fiscal quarter. Advisers Act relating to codes of ethics. This Rule pursuant to unlisted trading privileges 5 The Trust is registered under the 1940 Act. On requires investment advisers to adopt a code of May 8, 2020, the Trust filed a registration statement ethics that reflects the fiduciary nature of the (‘‘UTP’’), of Managed Portfolio Shares, on Form N–1A under the Securities Act of 1933 and relationship to clients as well as compliance with which are securities issued by an the 1940 Act for the Funds (File No. 812–15036) other applicable securities laws. Accordingly, actively managed open-end investment (‘‘Registration Statement’’). The Commission issued procedures designed to prevent the communication management company.4 Rule 8.900– an order granting exemptive relief to the Trust and misuse of non-public information by an (‘‘Exemptive Order’’) under the 1940 Act on investment adviser must be consistent with Rule December 3, 2019 (Investment Company Act 204A–1 under the Advisers Act. In addition, Rule 2 15 U.S.C. 78a. Release No. 33708). The Exemptive Order was 206(4)–7 under the Advisers Act makes it unlawful 3 17 CFR 240.19b–4. granted in response to the Trust’s application for for an investment adviser to provide investment 4 See Securities Exchange Act Release No. 88648 exemptive relief (the ‘‘Exemptive Application’’) advice to clients unless such investment adviser has (April 15, 2020), 85 FR 22200 (April 21, 2020). Rule (File No. 812–15036). The description of the (i) adopted and implemented written policies and 8.900–E(c)(1) provides that the term ‘‘Managed operation of the Trust and the Funds herein is procedures reasonably designed to prevent Portfolio Share’’ means a security that (a) represents based, in part, on the Registration Statement. Continued

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to Commentary .06 to Rule 8.600–E the Creation Basket. Moreover, if any The Fund seeks to provide a high related to Managed Fund Shares, except such person or entity is registered as a level of capital appreciation. The Fund that Rule 8.900–E(5) relates to broker-dealer or affiliated with a broker- intends to invest primarily in the establishment and maintenance of a dealer, such person or entity will erect common stocks of companies which the ‘‘fire wall’’ between the investment and maintain a ‘‘fire wall’’ between the Adviser believes are likely to have rapid adviser and the broker-dealer applicable person or entity and the broker-dealer growth in revenues and above average to an Investment Company’s portfolio with respect to access to information rates of earnings growth. and Creation Basket, and not just to the concerning the composition and/or underlying portfolio, as is the case with changes to such Investment Company Gabelli Small & Mid Cap ETF Managed Fund Shares. The Adviser is portfolio or Creation Basket. The Fund’s holdings will conform to not registered as a broker-dealer but is the permissible investments as set forth Description of the Funds affiliated with a broker-dealer. The in the Exemptive Application and Adviser has implemented and will Gabelli Growth Innovators ETF Exemptive Order and the holdings will maintain a ‘‘fire wall’’ with respect to The Fund’s holdings will conform to be consistent with all requirements in such broker-dealer affiliate regarding the permissible investments as set forth the Exemptive Application and access to information concerning the in the Exemptive Application and Exemptive Order.11 composition of and/or changes to a Exemptive Order and the holdings will The Fund seeks long term capital Fund’s portfolio and/or Creation Basket. be consistent with all requirements in growth. The Fund intends to invest In the event (a) the Adviser or any the Exemptive Application and primarily in equity securities (such as sub-adviser becomes registered as a Exemptive Order.8 common stock and preferred stock) of broker-dealer or becomes newly The Fund’s primary objective is to companies with small or medium sized affiliated with a broker-dealer, or (b) any seek to provide capital appreciation, market capitalizations. new adviser or sub-adviser is a and current income is a secondary Gabelli Micro Cap ETF registered broker-dealer, or becomes objective. The Fund will primarily affiliated with a broker-dealer, it will invest in common stocks of companies The Fund’s holdings will conform to implement and maintain a fire wall with that the Adviser believes are relevant to the permissible investments as set forth respect to its relevant personnel or its the Fund’s investment theme of in the Exemptive Application and broker-dealer affiliate regarding access innovation, with assets invested Exemptive Order and the holdings will to information concerning the primarily in a broad range of readily be consistent with all requirements in composition and/or changes to the marketable equity securities consisting the Exemptive Application and portfolio and/or Creation Basket. Any of common stock and preferred stock. Exemptive Order.12 person related to the Adviser or the The Fund primarily seeks to provide Trust who makes decisions pertaining to Gabelli Financial Services ETF investors with long term capital a Fund’s portfolio composition or that The Fund’s holdings will conform to appreciation. The Fund intends to has access to information regarding a the permissible investments as set forth invest primarily in equity securities of Fund’s portfolio composition or that has in the Exemptive Application and micro-cap companies (as defined by the access to information regarding a Fund’s Exemptive Order and the holdings will Fund). The Fund seeks to invest in portfolio or changes thereto or the be consistent with all requirements in equity securities including common Creation Basket will be subject to the Exemptive Application and stocks (including indirect holdings of procedures designed to prevent the use Exemptive Order.9 common stock through depositary and dissemination of material non- The Fund seeks to provide capital receipts) and preferred stocks. public information regarding such appreciation. The Fund intends to Gabelli ESG ETF portfolio or changes thereto and the invest in the securities, including Creation Basket. common stock and preferred stock, of The Fund’s holdings will conform to Further, Rule 8.900–E(b)(5) requires companies principally engaged in the the permissible investments as set forth that any person or entity, including an group of industries comprising the in the Exemptive Application and AP Representative, custodian, Reporting financial services sector. Exemptive Order and the holdings will Authority, distributor, or administrator, Gabelli Small Cap Growth ETF be consistent with all requirements in who has access to information regarding the Exemptive Application and the Investment Company’s portfolio The Fund’s holdings will conform to Exemptive Order.13 composition or changes thereto or the the permissible investments as set forth The Fund’s investment objective is Creation Basket, must be subject to in the Exemptive Application and capital appreciation. The Fund seeks to procedures reasonably designed to Exemptive Order and the holdings will invest primarily in companies that the prevent the use and dissemination of be consistent with all requirements in Adviser believes meet the Fund’s material non-public information the Exemptive Application and guidelines for social responsibility. The Exemptive Order.10 regarding the applicable Investment Fund intends to invest in common and Company portfolio or changes thereto or preferred stocks that are listed on a 8 Pursuant to the Exemptive Order, the only permissible investments for a Fund are the national securities exchange or similar violations, by the investment adviser and its following: Exchange-traded funds (‘‘ETFs’’), market. supervised persons, of the Advisers Act and the exchange-traded notes, exchange-listed common Commission rules adopted thereunder; (ii) stocks, exchange-traded American Depositary Gabelli Asset ETF implemented, at a minimum, an annual review Receipts, exchange-traded real estate investment regarding the adequacy of the policies and trusts, exchange-traded commodity pools, The Fund’s holdings will conform to procedures established pursuant to subparagraph (i) exchange-traded metals trusts, exchange-traded the permissible investments as set forth above and the effectiveness of their currency trusts and exchange-traded futures that in the Exemptive Application and implementation; and (iii) designated an individual trade contemporaneously with Fund Shares, as well Exemptive Order and the holdings will (who is a supervised person) responsible for as cash and cash equivalents (short-term U.S. administering the policies and procedures adopted Treasury securities, government money market under subparagraph (i) above. The Funds will also funds, and repurchase agreements). 11 See id. be required to comply with Exchange rules relating 9 See id. 12 See id. to disclosure, including Rule 5.3–E(i). 10 See id. 13 See id.

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be consistent with all requirements in 8.900–E. Specifically, in connection Representative to buy and sell positions the Exemptive Application and with the creation and redemption of in the portfolio securities to permit Exemptive Order.14 Creation Units 19 and Redemption creation and redemption of Creation The Fund primarily seeks to provide Units,20 the delivery or receipt of any Units and Redemption Units. Shares of growth of capital, with a secondary goal portfolio securities in-kind will be each Fund will initially be issued and of providing current income. The Fund required to be effected through a redeemed in Creation Units and intends to invest primarily in common separate confidential brokerage account Redemption Units of 5,000 or more stocks and preferred stocks and may (a ‘‘Confidential Account’’).21 Shares, subject to change at the also invest in foreign securities by Authorized Participants (‘‘AP’’), as Adviser’s discretion. The Funds will investing in depositary receipts. defined in the applicable Form N–1A offer and redeem Creation Units and Gabelli Equity Income ETF filed with the Commission, will sign an Redemption Units on a continuous basis agreement with an AP Representative 22 at the net asset value (‘‘NAV’’) per Share The Fund’s holdings will conform to establishing the Confidential Account next determined after receipt of an order the permissible investments as set forth for the benefit of the AP. AP in proper form. The NAV per Share of in the Exemptive Application and Representatives will be broker-dealers. each Fund will be determined as of the Exemptive Order and the holdings will An AP must be a Depository Trust close of regular trading on the Exchange be consistent with all requirements in Company (‘‘DTC’’) Participant that has on each day that the Exchange is open the Exemptive Application and executed an authorized participant 15 (a ‘‘Business Day’’). The Funds will sell Exemptive Order. agreement with the Distributor with and redeem Creation Units and The Fund seeks a high level of total respect to the creation and redemption Redemption Units only on Business return on its assets with an emphasis on of Creation Units and Redemption Units Days. income. The Fund intends to invest in and formed a Confidential Account for In order to keep costs low and permit income producing equity securities its benefit in accordance with the terms each Fund to be as fully invested as including common stock and preferred of the Participant Agreement. For possible, Shares will be purchased and stock. purposes of creations or redemptions, redeemed in Creation Units and Gabelli Green Energy ETF all transactions will be effected through Redemption Units and generally on an the respective AP’s Confidential The Fund’s holdings will conform to in-kind basis. Accordingly, except Account, for the benefit of the AP, the permissible investments as set forth where the purchase or redemption will without disclosing the identity of such in the Exemptive Application and include cash under the circumstances securities to the AP. Exemptive Order and the holdings will described in the Exemptive Application, Each AP Representative will be given, APs will be required to purchase be consistent with all requirements in before the commencement of trading the Exemptive Application and Creation Units by making an in-kind 16 each Business Day (as defined below), deposit of specified instruments Exemptive Order. the Creation Basket (as described below) The Fund seeks total return through (‘‘Deposit Instruments’’), and APs for that day. This information will current income and capital redeeming their Shares will receive an permit an AP that has established a appreciation. The Fund intends to in-kind transfer of specified instruments Confidential Account with an AP invest primarily in U.S. equity securities (‘‘Redemption Instruments’’) through Representative to instruct the AP and depositary receipts issued by clean the AP Representative in their Confidential Account.23 On any given energy companies. 19 Rule 8.900–E(c)(6) provides that the term Business Day, the names and quantities Investment Restrictions ‘‘Creation Unit’’ means a specified number of Managed Portfolio Shares issued by an Investment of the instruments that constitute the Each Fund’s holdings will be Company at the request of an Authorized Deposit Instruments and the names and consistent with all requirements Participant in return for a designated portfolio of quantities of the instruments that instruments and/or cash. described in the Exemptive Application 20 constitute the Redemption Instruments 17 Rule 8.900–E(c)(7) provides that the term and Exemptive Order. ‘‘Redemption Unit’’ means a specified minimum will be identical, and these instruments Each Fund’s investments, including number of Managed Portfolio Shares that may be may be referred to, in the case of either derivatives, will be consistent with its redeemed to an Investment Company at the request a purchase or a redemption, as the investment objective and will not be of an Authorized Participant in return for a ‘‘Creation Basket.’’ used to enhance leverage (although portfolio of instruments and/or cash. 21 Rule 8.900–E(c)(4) provides that the term Placement of Purchase Orders certain derivatives and other ‘‘Confidential Account’’ means an account owned investments may result in leverage). by an Authorized Participant and held with an AP Each Fund will issue Shares through That is, the Fund’s investments will not Representative on behalf of the Authorized the Distributor on a continuous basis at be used to seek performance that is the Participant. The account will be established and governed by contractual agreement between the AP NAV. The Exchange represents that the multiple or inverse multiple (e.g., 2X or Representative and the Authorized Participant issuance of Shares will operate in a -3X) of the Fund’s primary broad-based solely for the purposes of creation and redemption, manner substantially similar to that of securities benchmark index (as defined while keeping confidential the Creation Basket other ETFs. Each Fund will issue Shares 18 constituents of each series of Managed Portfolio in Form N–1A). Shares, including from the Authorized Participant. only at the NAV per Share next Creations and Redemptions of Shares The books and records of the Confidential Account determined after an order in proper will be maintained by the AP Representative on form is received. Creations and redemptions of Shares behalf of the Authorized Participant. The Distributor will furnish will take place as described in Rule 22 Rule 8.900–E(c)(3) provides that the term ‘‘AP acknowledgements to those placing Representative’’ means an unaffiliated broker-

14 dealer, with which an Authorized Participant has See id. signed an agreement to establish a Confidential 23 According to the Registration Statement, the 15 See id. Account for the benefit of such Authorized Funds must comply with the federal securities laws 16 See id. Participant, that will deliver or receive, on behalf in accepting Deposit Instruments and satisfying 17 See id. of the Authorized Participant, all consideration to redemptions with Redemption Instruments, 18 A Fund’s broad-based securities benchmark or from the Investment Company in a creation or including that the Deposit Instruments and index will be identified in a future amendment to redemption. An AP Representative will not be Redemption Instruments are sold in transactions the Registration Statement following a Fund’s first permitted to disclose the Creation Basket to any that would be exempt from registration under the full calendar year of performance. person, including the Authorized Participants. 1933 Act.

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such orders that the orders have been cash. The Participant Agreement signed Form N–PORT requires reporting of a accepted, but the Distributor may reject by each AP will require establishment of fund’s complete portfolio holdings on a any order which is not submitted in a Confidential Account to receive position-by-position basis on a quarterly proper form, as described in a Fund’s distributions of securities in-kind upon basis within 60 days after fiscal quarter prospectus or SAI. The NAV of each redemption. Each AP will be required to end. Investors can obtain a fund’s SAI, Fund is expected to be determined once open a Confidential Account with an AP its shareholder reports, its Form N–CSR, each Business Day at a time determined Representative in order to facilitate filed twice a year, and its Form N–CEN, by the Trust’s Board of Trustees, orderly processing of redemptions. filed annually. Each Fund’s SAI and currently anticipated to be as of the shareholder reports are available free Net Asset Value close of the regular trading session on upon request from the Investment the NYSE (ordinarily 4:00 p.m. E.T.) The NAV will be calculated Company, and those documents and the (the ‘‘Valuation Time’’). Each Fund will separately for the Shares of each Fund Form N–PORT, Form N–CSR, and Form establish a cut-off time (‘‘Order Cut-Off on each Business Day. Each Fund’s N–CEN may be viewed onscreen or Time’’) for purchase orders in proper NAV is determined as of the close of downloaded from the Commission’s form. To initiate a purchase of Shares, regular trading on the NYSE, normally website at www.sec.gov. an AP must submit to the Distributor an 4:00 p.m., Eastern Time. The NAV of Information regarding market price irrevocable order to purchase such each Fund is computed by dividing the and trading volume of the Shares will be Shares after the most recent prior value of the applicable Fund’s net continually available on a real-time Valuation Time. assets, i.e., the value of its securities and basis throughout the day on brokers’ Purchases of Shares will be settled in- other assets less its liabilities, including computer screens and other electronic kind and/or cash for an amount equal to expenses payable or accrued by the total services. Information regarding the the applicable NAV per Share number of Shares outstanding at the previous day’s closing price and trading purchased plus applicable transaction time the determination is made. volume information for the Shares will fees. Equity securities listed or traded on a be published daily in the financial Generally, all orders to purchase national securities exchange are valued section of newspapers. Quotation and Creation Units must be received by the at the last quoted sale or a market’s last sale information for the Shares will Distributor no later than the end of the official closing price at the close of the be available via the Consolidated Tape Core Trading Session on the date such exchange’s or other market’s regular Association (‘‘CTA’’) high-speed line. In order is placed (‘‘Transmittal Date’’) in trading hours, as of or prior to the time addition, the Verified Intraday order for the purchaser to receive the and day as of which such value is being Indicative Value (‘‘VIIV’’), as defined in NAV per Share determined on the determined. Portfolio securities traded Rule 8.900–E(c)(2),25 will be widely Transmittal Date. on more than one national securities disseminated by the Reporting Authorized Participant Redemption exchange or market are valued Authority and/or one or more major The Shares may be redeemed to a according to the broadest and most market data vendors in one second Fund in Redemption Unit size or representative market as determined by intervals during the Exchange’s Core multiples thereof as described below. the Adviser. Trading Session. Redemption orders of Redemption Units Information regarding a Fund’s NAV Dissemination of the VIIV must be placed by or through an AP and how often Shares of a Fund traded With respect to trading of the Shares, (‘‘AP Redemption Order’’). Each Fund on the Exchange at a price above (i.e., the ability of market participants to buy will establish an Order Cut-Off Time for at a premium) or below (i.e., at a and sell Shares at prices near the VIIV redemption orders of Redemption Units discount) the NAV of a Fund will be is dependent upon their assessment that in proper form. Redemption Units of a posted to a Fund’s website when it the VIIV is a reliable, indicative real- Fund will be redeemable at their NAV becomes available. time value for a Fund’s underlying per Share next determined after receipt Availability of Information holdings. Market participants are of a request for redemption by the Trust expected to accept the VIIV as a reliable, in the manner specified below before The Funds’ website, which will be indicative real-time value because (1) the Order Cut-Off Time. To initiate an publicly available prior to the listing the VIIV will be calculated and AP Redemption Order, an AP must and trading of Shares, will include a disseminated based on a Fund’s actual submit to the Distributor an irrevocable form of the prospectus for each Fund portfolio holdings, (2) the securities in order to redeem such Redemption Unit that may be downloaded. The Funds’ which a Fund plans to invest are after the most recent prior Valuation website will include additional generally highly liquid and actively Time, but not later than the Order Cut- quantitative information updated on a traded and trade at the same time as the Off Time. daily basis, including, for each Fund, In the case of a redemption, the AP the prior Business Day’s NAV, market Funds and therefore generally have would enter into an irrevocable closing price or mid-point of the bid/ask accurate real time pricing available, and redemption order, and then instruct the spread at the time of calculation of such (3) market participants will have a daily AP Representative to sell the underlying NAV (the ‘‘Bid/Ask Price’’),24 and a opportunity to evaluate whether the basket of securities that it will receive calculation of the premium and VIIV at or near the close of trading is in the redemption. As with the purchase discount of the market closing price or indeed predictive of the actual NAV. of securities, the AP Representative will Bid/Ask Price against the NAV. The use methods, such as breaking the website and information will be 25 Rule 8.900–E(c)(2) provides that the term publicly available at no charge. ‘‘Verified Intraday Indicative Value’’ is the transaction into multiple transactions indicative value of a Managed Portfolio Share based and transacting in multiple on all of the holdings of a series of Managed marketplaces, to avoid revealing the 24 The Bid/Ask Price of a Fund’s Shares is Portfolio Shares as of the close of business on the composition of the Creation Basket. determined using the mid-point between the prior business day and, for corporate actions, based current national best bid and offer at the time of on the applicable holdings as of the opening of Redemptions will occur primarily in- calculation of such Fund’s NAV. The records business on the current business day, priced and kind, although redemption payments relating to Bid/Ask Prices will be retained by the disseminated in one second intervals during the may also be made partly or wholly in Funds or their service providers. Core Trading Session by the Reporting Authority.

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Information regarding the VIIV is Rule 8.900–E(d)(2)(C)(ii) provides and/or FINRA, on behalf of the disseminated every second throughout that, if the Exchange becomes aware Exchange, the daily portfolio holdings each trading day by the Exchange or by that: (i) The Verified Intraday Indicative of a Fund. The issuer of the Shares of market data vendors or other Value of a series of Managed Portfolio each Fund will be required to represent information providers. The VIIV is Shares is not being calculated or to the Exchange that it will advise the based on the current market value of the disseminated in one second intervals, as Exchange of any failure by a Fund to securities in a Fund’s portfolio that day. required; (ii) the net asset value with comply with the continued listing The methodology for calculating the respect to a series of Managed Portfolio requirements, and, pursuant to its VIIV is available on the Funds’ website. Shares is not disseminated to all market obligations under Section 19(g)(1) of the The VIIV is intended to provide participants at the same time; (iii) the Exchange Act, the Exchange will surveil investors and other market participants holdings of a series of Managed for compliance with the continued with a highly correlated per Share value Portfolio Shares are not made available listing requirements. If a Fund is not in of the underlying portfolio that can be on at least a quarterly basis as required compliance with the applicable listing compared to the current market price. under the 1940 Act; or (iv) such requirements, the Exchange will Therefore, under normal circumstances holdings are not made available to all commence delisting procedures under the VIIV is effectively a ‘‘real-time’’ market participants at the same time Exchange Rule 5.5–E(m). update of a Fund’s NAV, which is (except as otherwise permitted under FINRA, on behalf of the Exchange, or computed only once a day. the currently applicable exemptive the regulatory staff of the Exchange, or order or no-action relief granted by the both, will communicate as needed Trading Halts Commission or Commission staff to the regarding trading in the Shares and With respect to trading halts, the Investment Company with respect to the certain exchange-traded instruments Exchange may consider all relevant series of Managed Portfolio Shares), it with other markets and other entities factors in exercising its discretion to will halt trading in such series until that are members of the Intermarket Surveillance Group (‘‘ISG’’), and FINRA, halt or suspend trading in the Shares of such time as the Verified Intraday on behalf of the Exchange, or the a Fund.26 Trading in Shares of a Fund Indicative Value, the net asset value, or regulatory staff of the Exchange, or both, will be halted if the circuit breaker the holdings are available, as required. may obtain trading information parameters in Rule 7.12–E have been Trading Rules regarding trading such securities from reached. Trading also may be halted The Exchange deems the Shares to be such markets and other entities. In because of market conditions or for equity securities, thus rendering trading addition, the Exchange may obtain reasons that, in the view of the in the Shares subject to the Exchange’s information regarding trading in the Exchange, make trading in the Shares existing rules governing the trading of Shares and certain exchange-traded inadvisable. Trading in the Shares will equity securities. Shares will trade on instruments from markets and other be subject to Rule 8.900–E(d)(2)(C), the Exchange in all trading sessions in entities that are members of ISG or with which sets forth circumstances under accordance with Rule 7.34–E(a). As which the Exchange has in place a which Shares of a Fund will be halted. provided in Rule 7.6–E, the minimum comprehensive surveillance sharing Specifically, Rule 8.900–E(d)(2)(C)(i) price variation (‘‘MPV’’) for quoting and agreement. provides that the Exchange may entry of orders in equity securities In addition, the Exchange also has a consider all relevant factors in traded on the NYSE Arca Marketplace is general policy prohibiting the exercising its discretion to halt trading $0.01, with the exception of securities distribution of material, non-public in a series of Managed Portfolio Shares. that are priced less than $1.00, for information by its employees. Trading may be halted because of which the MPV for order entry is Information Bulletin market conditions or for reasons that, in $0.0001. the view of the Exchange, make trading The Shares will conform to the initial Prior to the commencement of in the series of Managed Portfolio and continued listing criteria under trading, the Exchange will inform its Shares inadvisable. These may include: Rule 8.900–E, as well as all terms in the Equity Trading Permit (‘‘ETP’’) Holders (a) The extent to which trading is not Exemptive Order. The Exchange will in an Information Bulletin (‘‘Bulletin’’) occurring in the securities and/or the obtain a representation from the issuer of the special characteristics and risks financial instruments composing the of the Shares of each Fund that the NAV associated with trading the Shares. portfolio; or (b) whether other unusual per Share of each Fund will be Specifically, the Bulletin will discuss conditions or circumstances detrimental calculated daily and will be made the following: (1) The procedures for to the maintenance of a fair and orderly available to all market participants at purchases and redemptions of Shares; market are present.27 the same time. (2) Rule 9.2–E(a), which imposes a duty of due diligence on its ETP Holders to Surveillance 26 See Rule 7.12–E. learn the essential facts relating to every 27 The Exemptive Application provides that the The Exchange believes that its customer prior to trading the Shares; (3) Investment Company or their agent will request that surveillance procedures are adequate to how information regarding the VIIV is the Exchange halt trading in the applicable series properly monitor the trading of Shares disseminated; (4) the requirement that of Managed Portfolio Shares where: (i) The intraday indicative values calculated by the calculation on the Exchange during all trading ETP Holders deliver a prospectus to engines differ by more than 25 basis points for 60 sessions and to deter and detect investors purchasing newly issued seconds in connection with pricing of the Verified violations of Exchange rules and the Shares prior to or concurrently with the Intraday Indicative Value; or (ii) holdings applicable federal securities laws. confirmation of a transaction; (5) trading representing 10% or more of a series of Managed Portfolio Shares’ portfolio have become subject to Trading of Shares through the Exchange information; and (6) that the portfolio a trading halt or otherwise do not have readily will be subject to the Exchange’s holdings of the Shares are not disclosed available market quotations. Any such requests will surveillance procedures for derivative on a daily basis. be one of many factors considered in order to products. As part of these surveillance In addition, the Bulletin will determine whether to halt trading in a series of Managed Portfolio Shares and the Exchange retains procedures and consistent with Rule reference that the Funds are subject to sole discretion in determining whether trading 8.900–E(b)(3), the Adviser will upon various fees and expenses described in should be halted. request make available to the Exchange the Registration Statement. The Bulletin

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will discuss any exemptive, no-action, or if the Exchange is aware that a Fund such person or entity will erect and and interpretive relief granted by the is not in compliance with the conditions maintain a ‘‘fire wall’’ between the Commission from any rules under the of any currently applicable exemptive person or entity and the broker-dealer Act. The Bulletin will also disclose that order or no-action relief granted by the with respect to access to information the NAV for the Shares will be Commission or Commission staff with concerning the composition and/or calculated after 4:00 p.m., E.T. each respect to the Fund; (f) if any of the changes to such Investment Company trading day. continued listing requirements set forth portfolio or Creation Basket. Any person in Rule 8.900–E are not continuously or entity who has access to information 2. Statutory Basis maintained; (g) if any of the statements regarding a Fund’s portfolio The Exchange believes that the of representations regarding (a) the composition or changes thereto or the proposed rule change is consistent with description of the portfolio, (b) Creation Basket will be subject to Section 6(b) of the Act,28 in general, and limitations on portfolio holdings, or (c) procedures designed to prevent the use furthers the objectives of Section 6(b)(5) the applicability of Exchange listing and dissemination of material of the Act,29 in particular, in that it is rules as specified herein to permit the nonpublic information regarding the designed to prevent fraudulent and listing and trading of a Fund, are not portfolio or changes thereto or the manipulative acts and practices, to continuously maintained; or (h) if such Creation Basket. promote just and equitable principles of other event shall occur or condition The Exchange further believes that trade, to remove impediments to and exists which, in the opinion of the Rule 8.900–E is designed to prevent perfect the mechanism of a free and Exchange, makes further dealings on the fraudulent and manipulative acts and open market and a national market Exchange inadvisable. practices related to the listing and system, and, in general, to protect As discussed above, the Adviser is not trading of Shares of the Funds because investors and the public interest. registered as a broker-dealer but is it provides meaningful requirements The Exchange believes that this affiliated with a broker-dealer and has about both the data that will be made proposed rule change is designed to implemented and will maintain a ‘‘fire publicly available about the Shares, as prevent fraudulent and manipulative wall’’ with respect to such affiliate well as the information that will only be acts and practices in that the Funds broker-dealer regarding access to available to certain parties and the would meet each of the rules relating to information concerning the composition controls on such information. listing and trading of Managed Portfolio and/or changes to a Fund’s portfolio and Specifically, the Exchange believes that Shares. To the extent that a Fund is not Creation Basket. In the event that (a) the the requirements related to information in compliance with such rules, the Adviser becomes registered as a broker- protection set forth in Rule 8.900– Exchange would either prevent the dealer or becomes newly affiliated with E(b)(5) will act as a safeguard against Fund from listing and trading on the a broker-dealer, or (b) any new adviser misuse and improper dissemination of Exchange or commence delisting or sub-adviser is a registered broker- information related to a Fund’s portfolio procedures under Rule 8.900–E(d)(2)(B). dealer or becomes affiliated with a composition, the Creation Basket, or Specifically, the Exchange would broker-dealer, the Adviser will changes thereto. The requirement that consider the suspension of trading, and implement and maintain a fire wall with any person or entity implement commence delisting proceedings under respect to its relevant personnel or its procedures to prevent the use and Rule 8.900–E(d)(2)(B), of a Fund under broker-dealer affiliate regarding access dissemination of material non-public any of the following circumstances: (a) to information concerning the information regarding the portfolio or If, following the initial twelve-month composition and/or changes to the Creation Basket will act to prevent any period after commencement of trading portfolio and/or Creation Basket. Any individual or entity from sharing such on the Exchange, there are fewer than 50 person related to the Adviser or the information externally and the internal beneficial holders of the Fund; (b) if the Trust who makes decisions pertaining to ‘‘fire wall’’ requirements applicable Exchange has halted trading in a Fund a Fund’s portfolio composition or that where an entity is a registered broker- because the VIIV is interrupted pursuant has access to information regarding a dealer or affiliated with a broker-dealer to Rule 8.900–E(d)(2)(C)(ii) and such Fund’s portfolio or changes thereto or will act to make sure that no entity will interruption persists past the trading the Creation Basket will be subject to be able to misuse the data for their own day in which it occurred or is no longer procedures designed to prevent the use purposes. Accordingly, the Exchange available; (c) if the Exchange has halted and dissemination of material non- believes that this proposal is designed to trading in a Fund because the net asset public information regarding such prevent fraudulent and manipulative value with respect to such Fund is not portfolio or changes thereto and the acts and practices. disseminated to all market participants Creation Basket. The Exchange further believes that the at the same time, the holdings of such In addition, Rule 8.900–E(b)(5) proposal is designed to prevent Fund are not made available on at least requires that any person or entity, fraudulent and manipulative acts and a quarterly basis as required under the including an AP Representative, practices related to the listing and 1940 Act, or such holdings are not made custodian, Reporting Authority, trading of Shares of the Funds and to available to all market participants at distributor, or administrator, who has promote just and equitable principles of the same time pursuant to Rule 8.900– access to non-public information trade and to protect investors and the E(d)(2)(C)(ii) and such issue persists regarding the Investment Company’s public interest because the Exchange past the trading day in which it portfolio composition or changes thereto would halt trading under certain occurred; (d) if the Exchange has halted or the Creation Basket, must be subject circumstances under which trading in trading in Shares of a Fund pursuant to to procedures designed to prevent the the Shares of a Fund may be Rule 8.900–E(d)(2)(C)(i) and such issue use and dissemination of material non- inadvisable. Specifically, trading in the persists past the trading day in which it public information regarding the Shares will be subject to Rule 8.900– occurred; (e) if a Fund has failed to file applicable Investment Company E(d)(2)(C)(i), which provides that the any filings required by the Commission portfolio or changes thereto or the Exchange may consider all relevant Creation Basket. Moreover, if any such factors in exercising its discretion to 28 15 U.S.C. 78f(b). person or entity is registered as a broker- halt trading in a Fund. Trading may be 29 15 U.S.C. 78f(b)(5). dealer or affiliated with a broker-dealer, halted because of market conditions or

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for reasons that, in the view of the regarding trading such instruments from of trading, the Exchange will inform its Exchange, make trading in the series of such markets and other entities. In members in an Information Bulletin of Managed Portfolio Shares inadvisable. addition, the Exchange may obtain the special characteristics and risks These may include: (a) The extent to information regarding trading in the associated with trading the Shares. Shares and the underlying exchange- which trading is not occurring in the In addition, as noted above, investors securities and/or the financial traded instruments from markets and will have ready access to the VIIV, and instruments composing the portfolio; or other entities that are members of ISG or quotation and last sale information for (b) whether other unusual conditions or with which the Exchange has in place circumstances detrimental to the a comprehensive surveillance sharing the Shares. The Shares will conform to maintenance of a fair and orderly agreement. the initial and continued listing criteria market are present.30 Additionally, With respect to trading of Shares of under Rule 8.900–E. Each Fund’s trading in the Shares will be subject to the Funds, the ability of market investments, including derivatives, will Rule 8.900–E(d)(2)(C)(ii), which participants to buy and sell Shares at be consistent with its investment provides that the Exchange would halt prices near the VIIV is dependent upon objective and will not be used to trading where the Exchange becomes their assessment that the VIIV is a enhance leverage (although certain aware that: (a) The VIIV of a series of reliable, indicative real-time value for a derivatives and other investments may Managed Portfolio Shares is not being Fund’s underlying holdings. Market result in leverage). That is, the Fund’s calculated or disseminated in one participants are expected to accept the investments will not be used to seek second intervals, as required; (b) the net VIIV as a reliable, indicative real-time performance that is the multiple or asset value with respect to a series of value because (1) the VIIV will be inverse multiple (e.g., 2X or ¥3X) of the Managed Portfolio Shares is not calculated and disseminated based on a Fund’s primary broad-based securities disseminated to all market participants Fund’s actual portfolio holdings, (2) the benchmark index (as defined in Form at the same time; (c) the holdings of a securities in which the Funds plan to N–1A). invest are generally highly liquid and series of Managed Portfolio Shares are The Exchange also believes that the not made available on at least a actively traded and trade at the same proposed rule change is designed to quarterly basis as required under the time as the Funds and therefore perfect the mechanism of a free and 1940 Act; or (d) such holdings are not generally have accurate real time pricing made available to all market available, and (3) market participants open market and, in general, to protect participants at the same time (except as will have a daily opportunity to investors and the public interest in that otherwise permitted under the currently evaluate whether the VIIV at or near the it will facilitate the listing and trading applicable exemptive order or no-action close of trading is indeed predictive of of actively-managed exchange-traded relief granted by the Commission or the actual NAV. products that will enhance competition The proposed rule change is designed Commission staff to the Investment among market participants, to the to promote just and equitable principles Company with respect to the series of benefit of investors and the marketplace. of trade and to protect investors and the Managed Portfolio Shares). The As noted above, the Exchange has in public interest in that the Exchange will Exchange would halt trading in such place surveillance procedures relating to obtain a representation that the NAV per Shares until such time as the VIIV, the trading in the Shares and may obtain Share of the Funds will be calculated NAV, or the holdings are available, as information via ISG from other daily and that the NAV will be made required. exchanges that are members of ISG or available to all market participants at With respect to the proposed listing the same time. Investors can also obtain with which the Exchange has entered and trading of Shares of the Funds, the a Fund’s SAI, its shareholder reports, its into a comprehensive surveillance Exchange believes that the proposed Form N–CSR (filed twice a year), and its sharing agreement. In addition, as noted rule change is designed to prevent Form N–CEN (filed annually). A Fund’s above, investors will have ready access fraudulent and manipulative acts and SAI and shareholder reports will be to information regarding the VIIV and practices in that the Shares will be available free upon request from the quotation and last sale information for listed and traded on the Exchange applicable Fund, and those documents the Shares. pursuant to the initial and continued and the Form N–PORT, Form N–CSR, listing criteria in Rule 8.900–E.31 Each For the above reasons, the Exchange and Form N–CEN may be viewed on- believes that the proposed rule change Fund’s holdings will conform to the screen or downloaded from the permissible investments as set forth in is consistent with the requirements of Commission’s website at www.sec.gov. Section 6(b)(5) of the Act. the Exemptive Application and In addition, a large amount of 32 Exemptive Order. As noted above, information will be publicly available B. Self-Regulatory Organization’s FINRA, on behalf of the Exchange, or regarding the Funds and the Shares, Statement on Burden on Competition the regulatory staff of the Exchange, or thereby promoting market transparency. both, will communicate as needed Quotation and last sale information for The Exchange does not believe that regarding trading in the Shares and the the Shares will be available via the CTA the proposed rule change will impose underlying exchange-traded instruments high-speed line. Information regarding any burden on competition that is not with other markets and other entities the VIIV will be widely disseminated in necessary or appropriate in furtherance that are members of the ISG, and one second intervals throughout the of the purposes of the Act. The FINRA, on behalf of the Exchange, or Core Trading Session by the Reporting Exchange believes the proposed rule the regulatory staff of the Exchange, or Authority and/or one or more major change would permit the listing and both, may obtain trading information market data vendors. The website for trading of additional actively-managed the Funds will include a prospectus for exchange-traded products, thereby 30 See supra note 27. the Funds that may be downloaded, and promoting competition among 31 The Exchange represents that, for initial and/ additional data relating to NAV and or continued listing, each Fund will be in exchange-traded products to the benefit compliance with Rule 10A–3 under the Act. See 17 other applicable quantitative of investors and the marketplace. CFR 240.10A–3. information, updated on a daily basis. 32 See supra note 8. Moreover, prior to the commencement

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C. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be Currencies)’’) to accommodate Exchange Statement on Comments on the available for website viewing and listing and trading of Options-Linked Proposed Rule Change Received From printing in the Commission’s Public Securities. The text of the proposed rule Members, Participants, or Others Reference Room, 100 F Street NE, change is provided in Exhibit 5. No written comments were solicited Washington, DC 20549 on official The text of the proposed rule change business days between the hours of or received with respect to the proposed is also available on the Exchange’s 10:00 a.m. and 3:00 p.m. Copies of the rule change. website (http://markets.cboe.com/us/ filing also will be available for equities/regulation/rule_filings/bzx/), at III. Date of Effectiveness of the inspection and copying at the principal the Exchange’s Office of the Secretary, Proposed Rule Change and Timing for office of the Exchange. All comments and at the Commission’s Public Commission Action received will be posted without change. Reference Room. Persons submitting comments are Within 45 days of the date of II. Self-Regulatory Organization’s publication of this notice in the Federal cautioned that we do not redact or edit personal identifying information from Statement of the Purpose of, and Register or within such longer period Statutory Basis for, the Proposed Rule up to 90 days (i) as the Commission may comment submissions. You should submit only information that you wish Change designate if it finds such longer period to make available publicly. All to be appropriate and publishes its In its filing with the Commission, the submissions should refer to File reasons for so finding or (ii) as to which Exchange included statements Number SR–NYSEArca–2020–48 and the self-regulatory organization concerning the purpose of and basis for should be submitted on or before June consents, the Commission will: the proposed rule change and discussed 24, 2020. (A) By order approve or disapprove any comments it received on the the proposed rule change, or For the Commission, by the Division of proposed rule change. The text of these Trading and Markets, pursuant to delegated statements may be examined at the (B) institute proceedings to determine 33 whether the proposed rule change authority. places specified in Item IV below. The should be disapproved. J. Matthew DeLesDernier, Exchange has prepared summaries, set Assistant Secretary. forth in sections A, B, and C below, of IV. Solicitation of Comments [FR Doc. 2020–11919 Filed 6–2–20; 8:45 am] the most significant aspects of such Interested persons are invited to BILLING CODE 8011–01–P statements. submit written data, views, and A. Self-Regulatory Organization’s arguments concerning the foregoing, Statement of the Purpose of, and including whether the proposed rule SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule COMMISSION change is consistent with the Act. Change Comments may be submitted by any of [Release No. 34–88968; File No. SR– the following methods: CboeBZX–2020–042] 1. Purpose Electronic Comments Exchange Rule 14.11(d) provides for Self-Regulatory Organizations; Cboe Exchange listing and trading of • Use the Commission’s internet BZX Exchange, Inc.; Notice of Filing of Securities Linked to the Performance of comment form (http://www.sec.gov/ a Proposed Rule Change To Indexes and Commodities (Including rules/sro.shtml); or Accommodate Exchange Listing and Currencies) (‘‘Linked Securities’’).3 The • Send an email to rule-comments@ Trading of Options-Linked Securities Exchange proposes to amend Rule sec.gov. Please include File Number SR– 14.11(d) to add Options-Linked NYSEArca–2020–48 on the subject line. May 28, 2020. Pursuant to Section 19(b)(1) of the Securities to the type of Linked Paper Comments Securities Exchange Act of 1934 (the Securities permitted to list and trade on the Exchange. • ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Send paper comments in triplicate The proposed amendment would to: Secretary, Securities and Exchange notice is hereby given that on May 15, 2020, Cboe BZX Exchange, Inc. (the include Options-Linked Securities in Commission, 100 F Street NE, the list of Linked-Securities set forth in Washington, DC 20549–1090. ‘‘Exchange’’ or ‘‘BZX’’) filed with the Securities and Exchange Commission paragraph (d) of Rule 14.11. All submissions should refer to File (the ‘‘Commission’’) the proposed rule Additionally, the proposal would Number SR–NYSEArca–2020–48. This change as described in Items I, II, and provide that the payment at maturity file number should be included on the III below, which Items have been with respect to Options-Linked subject line if email is used. To help the prepared by the Exchange. The Securities is based on the performance Commission process and review your Commission is publishing this notice to of U.S. exchange-traded options on any comments more efficiently, please use solicit comments on the proposed rule one or combination of the following: (a) only one method. The Commission will change from interested persons. Index Fund Shares; (b) Managed Fund post all comments on the Commission’s Shares, (c) Exchange-Traded Fund internet website (http://www.sec.gov/ I. Self-Regulatory Organization’s Shares; (d) Linked Securities; (e) rules/sro.shtml). Copies of the Statement of the Terms of Substance of securities defined in Rule 14.11; (f) the submission, all subsequent the Proposed Rule Change S&P 100 Index, the S&P 500 Index, the amendments, all written statements Cboe BZX Exchange, Inc. (the Nasdaq 100 Index, the Dow Jones with respect to the proposed rule ‘‘Exchange’’ or ‘‘BZX’’) proposes to Industrial Average, the MSCI EAFE change that are filed with the amend Exchange Rule 14.11(d) Index, the MSCI Emerging Markets Commission, and all written (‘‘Securities Linked to the Performance communications relating to the of Indexes and Commodities (Including 3 Rule 14.11(d) currently accommodates Exchange proposed rule change between the listing and trading of Equity Index-Linked Securities, Commodity-Linked Securities, Fixed Commission and any person, other than 33 17 CFR 200.30–3(a)(12). Income Index-Linked Securities, Futures-Linked those that may be withheld from the 1 15 U.S.C. 78s(b)(1). Securities, and Multifactor Index-Linked Securities public in accordance with the 2 17 CFR 240.19b–4. (collectively referred to as ‘‘Linked Securities’’).

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Index, the NYSE FANG Index, the persists past the trading day in which it definition of securities as such terms are Russell 2000 Index, the Russell 1000 occurred or is no longer calculated or used in the Exchange’s rules and, as Index, the Russell 1000 Growth Index, available and a new Options Reference such, are subject to Exchange rules and the Russell 1000 Value Index, the Cboe Asset is substituted, unless the new procedures that currently govern the Volatility Index, Communication Options Reference Asset meets the trading of securities on the Exchange. Services Select Sector Index, the requirements of this Rule 14.11(d)(2)(K); The Exchange believes that the Consumer Discretionary Select Sector or (C) if such other event shall occur or proposed standards would continue to Index, the Consumer Staples Select condition exists which in the opinion of ensure transparency surrounding the Sector Index, the Energy Select Sector the Exchange makes further dealings on listing process for Linked Securities. Index, the Financial Select Sector Index, the Exchange inadvisable.4 The Exchange also believes that the the Health Care Select Sector Index, the With respect to equity securities standards for listing and trading Industrial Select Sector Index, the underlying Options Reference Assets, Options-Linked Securities are Materials Select Sector Index, the Real the Exchange notes that Index Fund reasonably designed to promote a fair Estate Select Sector Index, the Shares,5 Managed Fund Shares,6 and orderly market for such securities. Technology Select Sector Index, or the Exchange-Traded Fund Shares,7 and The proposed addition of Options Utilities Select Sector Index; or (g) a Linked Securities and securities as Reference Assets, as described above, basket or index of any of the foregoing defined in Rule 14.11 are subject to would also work in conjunction with (an ‘‘Options Reference Asset’’). The initial and continued listing criteria the initial and continued listing criteria proposal would also include Options under applicable Exchange Rules as related to surveillance procedures and Reference Assets as a Multifactor approved by the Commission. In trading guidelines for Linked Securities. Reference Asset, which would result in addition, the Commission has approved The Exchange believes that its Options-Linked Securities as being or issued a notice of effectiveness to surveillance procedures are adequate to included as Multifactor Index-Linked permit listing on a national securities properly monitor the trading of Options- Securities. exchange of securities based on certain Linked Securities in all trading sessions Indexes.8 Further, Index Fund Shares, The proposal would move existing and to deter and detect violations of Managed Fund Shares, Exchange- Rule 14.11(d)(2)(K)(v) (Multifactor Exchange Rules. The issuer of a series Traded Fund Shares, Linked Securities Index-Linked Securities Listings of Options-Linked Securities will be or securities defined in Rule 14.11 based Standards) to Rule 14.11(d)(2)(K)(vi), required to comply with Rule 10A–3 on the Indexes have been listed on under the Act 9 for the initial and and would set forth the Option-Linked national securities exchanges under Securities Listing Standards in Rule continued listing of Linked Securities, generic listing criteria applicable to as provided in Exchange Rule 14.11(d)(2)(K)(v). Proposed Rule such securities. With respect to options 14.11(d)(2)(K)(v)(a) provides that 14.11(d)(2)(F). The Exchange notes that on the Indexes, options on all of the the proposed change is not intended to Option-Linked Securities must meet Indexes are currently traded on U.S. amend any other component or both of the following initial listing options exchanges. requirement of Exchange Rule 14.11(d). criteria: (1) The value of the Options Finally, all Options-Linked Securities Reference Asset must be calculated and listed pursuant to Exchange Rule Quotation and last sale information widely disseminated by one or more 14.11(d) would be included within the for Options-Linked Securities, Index major market data vendors on at least a Fund Shares, Managed Fund Shares, 15-second basis during the Exchange’s 4 Proposed Rule 14.11(d)(2)(K)(v)(b) is Exchange-Traded Fund Shares, Linked regular market session; and (2) in the substantially the same as existing Rules Securities, and securities defined in case of Options-Linked Securities that 14.11(d)(2)(K)(ii)(b), 14.11(d)(2)(K)(iii)(c), and Rule 14.11 are available via the 14.11(d)(2)(K)(iv)(c). Consolidated Tape Association (‘‘CTA’’) are periodically redeemable, the 5 See Exchange Rule 14.11(c). high speed line. Quotation and last sale indicative value of the subject Options 6 See Exchange Rule 14.11(i). Linked Securities must be calculated 7 See Exchange Rule 14.11(l). information for such securities also will and widely disseminated by the 8 See, e.g., Securities Exchange Act Release Nos. be available from the exchange on Exchange or one or more major market 31591 (December 11, 1992), 57 FR 60253 (December which they are listed. Quotation and data vendors on at least a 15-second 18, 1992) (SR–Amex–92–18) (approving the listing last sale information for options on and trading of Portfolio Depositary Receipts based basis during the Exchange’s regular on the S&P 500 Index); 39525 (January 8, 1998), 63 Index Fund Shares, Managed Fund market session. Proposed Rule FR 2438 (January 15, 1998) (SR–Amex–97–29) Shares, Exchange-Traded Fund Shares, 14.11(d)(2)(K)(v)(b) provides that (approving the listing and trading of DIAMONDS Linked Securities, securities defined in Option-Linked Securities must meet the Trust Units, Portfolio Depositary Receipts based on Rule 14.11 and the Indexes will be the Dow Jones Industrial Average); 39011 following continued listing criteria: (1) (September 3, 1997), 62 FR 47840 (September 11, available via the Options Price The Exchange will consider the 1997) (SR–CBOE–97–26) (approving the listing and Reporting Authority and major market suspension of trading in, and will trading of options on the Dow Jones Industrial data vendors. Information regarding Average); 19907 (June 24, 1983), 48 FR 30814 (July values of the Indexes is available from initiate delisting proceedings pursuant 5, 1983) (SR–CBOE–83–08) (approving the listing to Rule 14.12 if any of the initial listing and trading of options on the S&P 500 Index on the major market data vendors. criteria described above are not CBOE); 41119 (February 26, 1999), 64 FR 11510 The Exchange believes that the continuously maintained; and (2) the (March 9, 1999) (SR–Amex–98–34) (Order proposed rule change will provide Approving and Notice of Filing and Order Granting investors with the ability to better Exchange will consider the suspension Accelerated Approval of Amendment Nos. 3 and 4 of trading in, and will initiate delisting to the Proposed Rule Change Relating to the Listing diversify and hedge their portfolios proceedings pursuant to Rule 14.12 and Trading of Shares of the Nasdaq–100 Trust); using an exchange-listed security under any of the following 87437 (October 31, 2019), 84 FR 59900 (November without having to trade directly in the 6, 2019) (SR–NYSEArca–2019–62) (Notice of Filing circumstances: (A) If the aggregate of Amendment No. 1, and Order Granting underlying options contracts, and will market value or the principal amount of Accelerated Approval of a Proposed Rule Change, facilitate the listing and trading of the Options-Linked Securities publicly as Modified by Amendment No. 1, Relating to the additional Linked Securities that will held is less than $400,000; (B) if an Listing and Trading of Shares of the Innovator MSCI enhance competition among market EAFE Power Buffer ETFs and Innovator MSCI interruption to the dissemination of the Emerging Markets Power Buffer ETFs under NYSE value of the Options Reference Asset Arca Rule 8.600–E). 9 17 CFR 240.10A–3.

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participants, to the benefit of investors redeemable, the indicative value of the C. Self-Regulatory Organization’s and the marketplace. subject Options Linked Securities must Statement on Comments on the be calculated and widely disseminated Proposed Rule Change Received From 2. Statutory Basis by the Exchange or one or more major Members, Participants, or Others The Exchange believes the proposed market data vendors on at least a 15- The [sic] Exchange neither solicited rule change is consistent with the second basis during the Exchange’s Securities Exchange Act of 1934 (the nor received comments on the proposed regular market session. Options-Linked rule change. ‘‘Act’’) and the rules and regulations Securities also will be subject to the thereunder applicable to the Exchange continued listing criteria in proposed III. Date of Effectiveness of the and, in particular, the requirements of Rule 14.11(d)(2)(K)(v)(b) as described Proposed Rule Change and Timing for Section 6(b) of the Act.10 Specifically, above. Finally, all Options-Linked Commission Action the Exchange believes the proposed rule Securities listed pursuant to Exchange change is consistent with the Section Within 45 days of the date of Rule 14.11(d) would be included within publication of this notice in the Federal 6(b)(5) 11 requirements that the rules of the definition of ‘‘security’’ or an exchange be designed to prevent Register or within such longer period ‘‘securities’’ as such terms are used in up to 90 days (i) as the Commission may fraudulent and manipulative acts and the Exchange’s rules and, as such, are practices, to promote just and equitable designate if it finds such longer period subject to Exchange rules and to be appropriate and publishes its principles of trade, to foster cooperation procedures that currently govern the and coordination with persons engaged reasons for so finding or (ii) as to which trading of securities on the Exchange. the Exchange consents, the Commission in regulating, clearing, settling, The Exchange believes that the processing information with respect to, will: proposed standards would continue to A. By order approve or disapprove and facilitating transactions in ensure transparency surrounding the securities, to remove impediments to such proposed rule change, or listing process for Linked Securities. B. institute proceedings to determine and perfect the mechanism of a free and The Exchange also believes that the open market and a national market whether the proposed rule change standards for listing and trading should be disapproved. system, and, in general, to protect Options-Linked Securities are investors and the public interest. reasonably designed to promote a fair IV. Solicitation of Comments Additionally, the Exchange believes the and orderly market for such securities. Interested persons are invited to proposed rule change is consistent with The proposed addition of Options submit written data, views, and the Section 6(b)(5) 12 requirement that Reference Assets, as described above, arguments concerning the foregoing, the rules of an exchange not be designed would also work in conjunction with including whether the proposed rule to permit unfair discrimination between the initial and continued listing criteria change is consistent with the Act. customers, issuers, brokers, or dealers. related to surveillance procedures and With respect to equity securities Comments may be submitted by any of trading guidelines for Linked Securities. underlying Options Reference Assets, the following methods: The Exchange believes that its the Exchange notes that Index Fund surveillance procedures are adequate to Electronic Comments Shares, Managed Fund Shares, properly monitor the trading of Options • Use the Commission’s internet Exchange-Traded Fund Shares, Linked Linked Securities in all trading sessions comment form (http://www.sec.gov/ Securities and securities defined in Rule and to deter and detect violations of rules/sro.shtml); or 14.11 are subject to Exchange initial and Exchange rules. Trading in the • Send an email to rule-comments@ continued listing criteria under securities may be halted under the sec.gov. Please include File Number SR- applicable Exchange rules as approved conditions specified in Exchange Rule CboeBZX–2020–042 on the subject line. by the Commission. In addition, the 14.11(d)(2)(H). Commission has approved or issued a Paper Comments notice of effectiveness to permit listing The Exchange believes that the proposed rule change will provide • Send paper comments in triplicate on a national securities exchange of to Secretary, Securities and Exchange securities based on certain Indexes.13 investors with the ability to better diversify and hedge their portfolios Commission, 100 F Street NE, With respect to options on the Indexes, Washington, DC 20549–1090. options on all of the Indexes are using an exchange listed security currently traded on U.S. options without having to trade directly in the All submissions should refer to File exchanges. All options included in an underlying options contracts, and will Number SR–CboeBZX–2020–042. This Options Reference Asset will be U.S. facilitate the listing and trading of file number should be included on the exchange-traded. additional Linked Securities that will subject line if email is used. To help the Any Options-Linked Securities would enhance competition among market Commission process and review your be required to meet the following initial participants, to the benefit of investors comments more efficiently, please use listing criteria in proposed Rule and the marketplace. only one method. The Commission will post all comments on the Commission’s 14.11(d)(2)(K)(v)(a): (1) The value of the B. Self-Regulatory Organization’s internet website (http://www.sec.gov/ Options Reference Asset must be Statement on Burden on Competition calculated and widely disseminated by rules/sro.shtml). Copies of the one or more major market data vendors The Exchange does not believe that submission, all subsequent on at least a 15-second basis during the the proposed rule change will impose amendments, all written statements Exchange’s regular market session; and any burden on competition that is not with respect to the proposed rule (2) in the case of Options-Linked necessary or appropriate in furtherance change that are filed with the Securities that are periodically of the purposes of the Act. The Commission, and all written proposed rule change will facilitate the communications relating to the 10 15 U.S.C. 78f(b). listing and trading of additional Linked proposed rule change between the 11 15 U.S.C. 78f(b)(5). Securities that will enhance competition Commission and any person, other than 12 Id. among market participants, to the those that may be withheld from the 13 Supra note 8. benefit of investors and the marketplace. public in accordance with the

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provisions of 5 U.S.C. 552, will be • OMB Control Number: 1405–0132. Some applicants, however, may have available for website viewing and • Type of Request: Revision of a been born in the United States (and printing in the Commission’s Public Currently Approved Collection. subject to its jurisdiction), but were Reference Room, 100 F Street NE, • Originating Office: Department of never issued a birth certificate. Form Washington, DC 20549 on official State, Bureau of Consular Affairs, DS–10 is a form affidavit for completion business days between the hours of Passport Services, Office of Program by a witness to the birth of such an 10:00 a.m. and 3:00 p.m. Copies of the Management and Operational Support applicant; it collects information filing also will be available for (CA/PPT/S/PMO/CR). relevant to establishing the identity of inspection and copying at the principal • Form Number: DS–10. the affiant, and the birth circumstances office of the Exchange. All comments • Respondents: Individuals. of the passport applicant. If credible, the received will be posted without change. • Estimated Number of Respondents: affidavit may permit the applicant to Persons submitting comments are 5,183. show U.S. nationality based on the cautioned that we do not redact or edit • Estimated Number of Responses: applicant’s birth in the United States, personal identifying information from 5,183. despite never having been issued a U.S. • comment submissions. You should Average Time per Response: 40 birth certificate. We use the information submit only information that you wish minutes. collected on the person completing the • to make available publicly. All Total Estimated Burden Time: 3,455 affidavit to confirm that individual’s submissions should refer to File hours. identity, which is relevant to confirming • Frequency: On Occasion. Number SR–CboeBZX–2020–042, and • his or her relationship to the applicant should be submitted on or before June Obligation to Respond: Required to and in assessing the likelihood that the 24, 2020. Obtain a Benefit. affiant has personal knowledge of the We are soliciting public comments to facts of the applicant’s birth. For the Commission, by the Division of permit the Department to: Trading and Markets, pursuant to delegated • Evaluate whether the proposed Methodology authority.14 information collection is necessary for J. Matthew DeLesDernier, When needed by an applicant for a the proper functions of the Department. passport, a Birth Affidavit is either Assistant Secretary. • Evaluate the accuracy of our provided by the Department or [FR Doc. 2020–11920 Filed 6–2–20; 8:45 am] estimate of the time and cost burden for downloaded from the Department’s BILLING CODE 8011–01–P this proposed collection, including the website and filled out by the affiant. It validity of the methodology and must be signed in the presence of a assumptions used. passport agent, acceptance agent, or • DEPARTMENT OF STATE Enhance the quality, utility, and notary public. [Public Notice 11114] clarity of the information to be collected. Zachary Parker, 30-Day Notice of Proposed Information • Minimize the reporting burden on Director. Collection: Birth Affidavit those who are to respond, including the [FR Doc. 2020–11965 Filed 6–2–20; 8:45 am] use of automated collection techniques BILLING CODE 4710–06–P ACTION: Notice of request for public or other forms of information comment and submission to OMB of technology. proposed collection of information. Please note that comments submitted SURFACE TRANSPORTATION BOARD in response to this Notice are public SUMMARY: The Department of State has record. Before including any detailed [Docket No. FD 36404] submitted the information collection personal information, you should be Iowa Northern Railway Company— described below to the Office of aware that your comments as submitted, Management and Budget (OMB) for Acquisition Exemption—D&W including your personal information, Railroad, LLC approval. In accordance with the will be available for public review. Paperwork Reduction Act of 1995 we Iowa Northern Railway Company are requesting comments on this Abstract of Proposed Collection (Iowa Northern), a Class III rail carrier, collection from all interested Form DS–10, Birth Affidavit, is has filed a verified notice of exemption individuals and organizations. The submitted in conjunction with an under 49 CFR 1150.41 to acquire from purpose of this Notice is to allow 30 application for a U.S. passport, and is D&W Railroad, LLC (D&W) days for public comment. used by Passport Services to collect approximately 23.40 miles of rail line, DATES: Submit comments up to July 6, information for the purpose of as follows: (i) The rail line from 2020. establishing the U.S. nationality of a milepost 332.0 at Dewar, Iowa, to ADDRESSES: Written comments and passport applicant who has not milepost 354.5 (end of line), including recommendations for the proposed submitted an acceptable United States the most easterly rail line and right of information collection should be sent birth certificate with his/her passport way, known as the Main Line, which is within 30 days of publication of this application. The Secretary of State is located adjacent to the Oelwein Yard in notice to www.reginfo.gov/public/do/ authorized to issue U.S. passports under Oelwein, Iowa, (ii) the rail line from PRAMain. Find this particular 22 U.S.C. 211a et seq., 8 U.S.C. 1104, milepost 245.58 to milepost 245.0 at information collection by selecting and Executive Order 11295 (August 5, Oelwein, and (iii) the rail line that ‘‘Currently under 30-day Review—Open 1966). Pursuant to 22 U.S.C. 212 and 22 comprises 0.32 miles of wye track at for Public Comments’’ or by using the CFR 51.2, only U.S. nationals may be Oelwein that connects the so-called search function. issued a U.S. passport. Most passport ‘‘East Leg’’ track to the Main Line track SUPPLEMENTARY INFORMATION: applicants establish U.S. nationality by (collectively, the Line). • Title of Information Collection: providing a birth certificate that lists a The verified notice states that Iowa Birth Affidavit. place of birth within the United States Northern has been serving as the or its outlying possessions (currently operator on the Line since September 14 17 CFR 200.30–3(a)(12). American Samoa and Swains Island). 2003. See also Iowa N. Ry.—Operation

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Exemption—Rail Lines of D&W R.R., FD obtained from the Board’s website under July 7, 2020 at 11:59 p.m. ET: To be 34402 (STB served Oct. 8, 2003). Under docket no. WB20–23. assured of consideration, submit written the parties’ Asset Purchase Agreement, The waybill sample contains comments on the public docket by this ownership of the Line will transfer to confidential railroad and shipper data; deadline. Iowa Northern, who will continue to therefore, if any parties object to these ADDRESSES: You must submit all operate and provide all rail common requests, they should file their comments through the online portal: carrier service to shippers on the Line objections with the Director of the https://comments.USTR.gov. after the exemption becomes effective. Board’s Office of Economics within 14 FOR FURTHER INFORMATION CONTACT: Iowa Northern certifies that its calendar days of the date of this notice. Associate General Counsel Philip Butler projected annual revenues as a result of The rules for release of waybill data are or Assistant General Counsel Benjamin this transaction will not exceed those codified at 49 CFR 1244.9. Allen at (202) 395–5725. that would qualify it as a Class III rail Contact: Alexander Dusenberry, (202) SUPPLEMENTARY INFORMATION: carrier and will not exceed $5 million 245–0319. annually. Iowa Northern further certifies A. Background Jeffrey Herzig, that the acquisition does not involve an For background on the proceedings in interchange commitment. Clearance Clerk. [FR Doc. 2020–11989 Filed 6–2–20; 8:45 am] this investigation, please see prior The transaction may be consummated notices including 82 FR 40213 (August BILLING CODE 4915–01–P on or after June 17, 2020, the effective 23, 2017), 83 FR 14906 (April 6, 2018), date of the exemption (30 days after the 83 FR 28710 (June 20, 2018), 83 FR 1 verified notice was filed). 33608 (July 17, 2018) 83 FR 38760 If the verified notice contains false or OFFICE OF THE UNITED STATES (August 7, 2018), 83 FR 40823 (August misleading information, the exemption TRADE REPRESENTATIVE 16, 2018), 83 FR 47974 (September 21, is void ab initio. Petitions to revoke the [Docket Number USTR–2020–0021] 2018), 83 FR 65198 (December 19, exemption under 49 U.S.C. 10502(d) 2018), 84 FR 67463 (December 28, may be filed at any time. The filing of Request for Comments Concerning the 2018), 84 FR 7966 (March 5, 2019), 84 a petition to revoke will not Extension of Particular Exclusions FR 11152 (March 25, 2019), 84 FR 16310 automatically stay the effectiveness of Granted Under the September 2019 (April 18, 2019), 84 FR 21389 (May 14, the exemption. Petitions to stay must be Product Exclusion Notice From the $34 2019), 84 FR 25895 (June 4, 2019), 84 FR filed no later than June 10, 2020 (at least Billion Action Pursuant to Section 301: 32821 (July 9, 2019), 84 FR 49564 seven days before the exemption China’s Acts, Policies, and Practices (September 20, 2019), 84 FR 52567 becomes effective). Related to Technology Transfer, (October 2, 2019), 84 FR 69016 All pleadings, referring to Docket No. Intellectual Property, and Innovation (December 17, 2019), 84 FR 70616 FD 36404, must be filed with the (December 23, 2019), 85 FR 7816 Surface Transportation Board either via AGENCY: Office of the United States (February 11, 2020), 85 FR 15849 e-filing or in writing addressed to 395 E Trade Representative. (March 19, 2020), 85 FR 20332 (April Street SW, Washington, DC 20423–0001. ACTION: Notice and request for 10, 2020), 85 FR 28692 (May 13, 2020), In addition, a copy of each pleading comments. and 85 FR 29503 (May 15, 2020). must be served on Iowa Northern’s Effective July 6, 2018, the U.S. Trade representative: T. Scott Bannister, Iowa SUMMARY: Effective July 6, 2018, the U.S. Representative imposed additional 25 Northern Railway Company, 201 Tower Trade Representative imposed percent duties on goods of China Park Drive, Suite 300, Waterloo, IA additional duties on goods of China classified in 818 eight-digit subheadings 50701. with an annual trade value of of the Harmonized Tariff Schedule of Board decisions and notices are approximately $34 billion as part of the the United States (HTSUS), with an available at www.stb.gov. action in the Section 301 investigation approximate annual trade value of $34 Decided: May 28, 2020. of China’s acts, policies, and practices billion. See 83 FR 28710. The U.S. By the Board, Allison C. Davis, Director, related to technology transfer, Trade Representative’s determination Office of Proceedings. intellectual property, and innovation. included a decision to establish a Jeffrey Herzig, The U.S. Trade Representative initiated process by which U.S. stakeholders the exclusion process in July 2018 and Clarence Clerk. could request exclusion of particular has granted multiple sets of exclusions. products classified within an eight-digit [FR Doc. 2020–12045 Filed 6–2–20; 8:45 am] He granted the seventh set of exclusions BILLING CODE 4915–01–P HTSUS subheading covered by the $34 in September 2019, which are billion action from the additional scheduled to expire on September 20, duties. The U.S. Trade Representative SURFACE TRANSPORTATION BOARD 2020. The U.S. Trade Representative has issued a notice setting out the process decided to consider a possible extension for product exclusions, and opened a Release of Waybill Data for up to 12 months of particular public docket. See 83 FR 32181 (July 11 exclusions granted in September 2019. notice). The Surface Transportation Board has The Office of the U.S. Trade The July 11 notice required received a request from The North Representative (USTR) invites public submission of requests for exclusion Carolina Soybean Producers Association comment on whether to extend from the $34 billion action no later than (WB20–23—5/28/20) for permission to particular exclusions. October 9, 2018, and noted that the U.S. use select data from the Board’s 1990– DATES: Trade Representative periodically 2018 Unmasked Carload Waybill June 8, 2020 at 12:01 a.m. ET: The would announce decisions. The U.S. Samples. A copy of this request may be public docket on the web portal at Trade Representative has granted https://comments.USTR.gov will open multiple sets of exclusions. He granted 1 Iowa Northern supplemented its verified notice on May 18, 2020, which therefore will be for parties to submit comments on the the seventh set of exclusions in considered the filing date for the purpose of possible extension of particular September 2019, which are scheduled to calculating the effective date of the exemption. exclusions. expire on September 20, 2020. See 84

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FR 49564 (September 20, 2019) (the Fields with a gray (BCI) notation are for • The efforts you have undertaken September 2019 notice). Business Confidential Information and since July 2018 to source the product the information entered will not be from the United States or third B. Possible Extensions of Particular publicly available. Fields with a green countries. Product Exclusions (Public) notation will be publicly • The value and quantity of the The U.S. Trade Representative has available. Additionally, parties will be Chinese-origin product covered by the decided to consider a possible extension able to upload documents and indicate specific exclusion request purchased in for up to 12 months of particular whether the documents are BCI or 2018 and 2019. Whether these exclusions granted in the September public. Commenters will be able to purchases are from a related company, 2019 notice. Accordingly, USTR invites review the public version of their and if so, the name of and relationship public comments on whether to extend comments before they are posted. to the related company. particular exclusions granted in the In order to facilitate the preparation of • Whether Chinese suppliers have September 2019 notice. For exclusions comments prior to the June 8 opening of lowered their prices for products amended or corrected by a later issued the public docket, a facsimile of the covered by the exclusion following the notice of product exclusions, parties exclusion extension comment form imposition of duties. should provide their extension parties will use on the portal is annexed • The value and quantity of the comments on the docket corresponding to this notice. Please note that the color- product covered by the exclusion to the initial notice of product coding of public fields and BCI fields is purchased from domestic and third exclusions. not visible on the attached facsimile, but country sources in 2018 and 2019. USTR will evaluate the possible will be apparent on the actual comment • If applicable, the commenter’s gross extension of each exclusion on a case- form used on the portal. by-case basis. The focus of the revenue for 2018 and 2019. Set out below is a summary of the • Whether the Chinese-origin product evaluation will be whether, despite the information to be entered on the first imposition of these additional of concern is sold as a final product or exclusion extension comment form. as an input. duties in July 2018, the particular • Contact information, including the • Whether the imposition of duties on product remains available only from full legal name of the organization China. In addressing this factor, the products covered by the exclusion making the comment, whether the will result in severe economic harm to commenters should address specifically: commenter is a third party (e.g., law • Whether the particular product the commenter or other U.S. interests. firm, trade association, or customs • Any additional information in and/or a comparable product is broker) submitting on behalf of an available from sources in the United support of or in opposition to extending organization or industry, and the name the exclusion. States and/or in third countries. of the third party organization, if • Any changes in the global supply Commenters also may provide any applicable. chain since July 2018 with respect to the other information or data that they • The number for the exclusion on particular product or any other relevant consider relevant. which you are commenting as provided industry developments. • The efforts, if any, the importers or in the Annex of the Federal Register D. Submission Instructions U.S. purchasers have undertaken since notice granting the exclusion and the To be assured of consideration, you July 2018 to source the product from the description. For descriptions amended must submit your comment between the United States or third countries. or corrected by a later issued notice of opening of the public docket on the In addition, USTR will continue to product exclusions, parties should use portal on June 8, 2020, and the July 7, consider whether the imposition of the amended or corrected description. • 2020 submission deadline. Parties additional duties on the products Whether the product or products seeking to comment on two or more covered by the exclusion will result in covered by the exclusion are subject to exclusions must submit a separate severe economic harm to the commenter an antidumping or countervailing duty comment for each exclusion. or other U.S. interests. order issued by the U.S. Department of By submitting a comment, the Commerce. commenter certifies that the information C. Procedures To Comment on the • Whether you support or oppose Extension of Particular Exclusions provided is complete and correct to the extending the exclusion and an best of their knowledge. To submit a comment regarding the explanation of your rationale. extension of a particular exclusion Commenters must provide a public E. Paperwork Reduction Act granted in the September 2019 notice, version of their rationale, even if the In accordance with the requirements commenters first must register on the commenter also intends to submit a of the Paperwork Reduction Act of 1995 portal at https://comments.USTR.gov. more detailed business confidential and its implementing regulations, the As noted above, the public docket on rationale. • Office of Management and Budget the portal will be open from June 8, Whether the products covered by assigned control number 0350–0015, 2020, to July 7, 2020. After registration, the exclusion or comparable products which expires January 31, 2023. the commenter may submit an exclusion are available from sources in the U.S. or extension comment form to the public in third countries. Please include Joseph Barloon, docket. information concerning any changes in General Counsel, Office of the U.S. Trade Fields on the comment form marked the global supply chain since July 2018 Representative. with an asterisk (*) are required fields. with respect to the particular product. BILLING CODE 3290–F0–P

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[FR Doc. 2020–11942 Filed 6–2–20; 8:45 am] BILLING CODE 3290–F0–C

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OFFICE OF THE UNITED STATES notices including 82 FR 40213 (August action. Accordingly, USTR invites TRADE REPRESENTATIVE 24, 2017), 83 FR 14906 (April 6, 2018), public comments on whether to extend 83 FR 28710 (June 20, 2018), 83 FR particular exclusions granted under the [Docket Number USTR–2020–0016] 33608 (July 17, 2018), 83 FR 38760 following notices of product exclusions: Request for Comments Concerning the (August 7, 2018), 83 FR 47974 • 85 FR 23122 (April 24, 2020) Extension of Particular Exclusions (September 21, 2018), 83 FR 49153 • 85 FR 27489 (May 8, 2020) Granted Under the $200 Billion Action (September 28, 2018), 83 FR 65198 • 85 FR 32094 (May 28, 2020) Pursuant to Section 301: China’s Acts, (December 19, 2018), 84 FR 7966 (March Comments on exclusions granted under Policies, and Practices Related to 5, 2019), 84 FR 20459 (May 9, 2019), 84 the initial 11 product exclusion notices Technology Transfer, Intellectual FR 29576 (June 24, 2019), 84 FRN 38717 will not be considered on this docket (August 7, 2019), 84 FR 46212 Property, and Innovation and must be submitted according to the (September 3, 2019), 84 FR 49591 May 6 notice on Docket Number USTR– AGENCY: Office of the United States (September 20, 2019), 84 FR 57803 2020–0015. For exclusions amended or Trade Representative. (October 28, 2019), 84 FR 61674 corrected by a later issued notice, (November 13, 2019), 84 FR 65882 ACTION: Notice and request for parties should provide their extension (November 29, 2019), 84 FR 69012 comments. comments on the docket corresponding (December 17, 2019), 85 FR 549 (January to the initial notice of product SUMMARY: Effective September 24, 2018, 6, 2020), 85 FR 6674 (February 5, 2020), exclusions. the U.S. Trade Representative imposed 85 FR 9921 (February 20, 2020), 85 FR USTR will evaluate the possible additional duties on goods of China 15015 (March 16, 2020), 85 FR 17158 extension of each exclusion on a case- with an annual trade value of (March 26, 2020), 85 FR 23122 (April approximately $200 billion as part of 24, 2020), 85 FR 27489 (May 8, 2020), by-case basis. The focus of the the action in the Section 301 and 85 FR 32094 (May 28, 2020). evaluation will be whether, despite the investigation of China’s acts, policies, Effective September 24, 2018, the U.S. first imposition of these additional and practices related to technology Trade Representative imposed duties in September 2018, the particular transfer, intellectual property, and additional 10 percent duties on goods of product remains available only from innovation. The U.S. Trade China classified in 5,757 full and partial China. In addressing this factor, commenters should address specifically: Representative initiated an exclusion subheading of the Harmonized Tariff • process for the $200 billion action in Schedule of the United States (HTSUS) Whether the particular product June 2019 and issued 14 product with an approximate annual trade value and/or a comparable product is exclusion notices under this action. The of $200 billion. See 83 FR 47974, as available from sources in the United modified by 83 FR 49153. In May 2019, States and/or in third countries. product exclusions granted under these • notices are scheduled to expire on the U.S. Trade Representative increased Any changes in the global supply August 7, 2020. The U.S. Trade the additional duty to 25 percent. See 84 chain since September 2018 with Representative previously decided to FR 20459. On June 24, 2019, the U.S. respect to the particular product or any Trade Representative established a other relevant industry developments. consider a possible extension for up to • 12 months of particular exclusions process by which U.S. stakeholders The efforts, if any, the importers or granted under the initial 11 product could request exclusion of particular U.S. purchasers have undertaken since exclusion notices and has now decided products classified within an eight-digit September 2018 to source the product to consider a possible extension for up HTSUS subheading covered by the $200 from the United States or third to 12 months of particular exclusions billion action from the additional countries. granted under the remaining product duties. See 84 FR 29576 (the June 24 In addition, USTR will continue to exclusion notices. The Office of the U.S. notice). consider whether the imposition of Trade Representative (USTR) invites The June 24 notice required additional duties on the products public comment on whether to extend submission of requests for exclusion covered by the exclusion will result in particular exclusions. from the $200 billion action no later severe economic harm to the commenter than September 30, 2019, and noted that or other U.S. interests. DATES: June 8, 2020 at 12:01 a.m. ET: the U.S. Trade Representative The public docket on the web portal at C. Procedures To Comment on the periodically would announce decisions. https://comments.USTR.gov will open Extension of Particular Exclusions As of May 28, 2020, the U.S. Trade for parties to submit comments on the Representative has issued 14 notices of To submit a comment regarding the possible extension of particular product exclusions under the $200 extension of a particular exclusion exclusions. billion action. These exclusions are granted under the above referenced July 7, 2020 at 11:59 p.m. ET: To be scheduled to expire on August 7, 2020. product exclusion notices under the assured of consideration, submit written $200 billion action, commenters first comments on the public docket by this B. Possible Extensions of Particular must register on the portal at https:// deadline. Product Exclusions comments.USTR.gov. As noted above, ADDRESSES: You must submit all On May 6, 2020, USTR requested the public docket on the portal will be comments through the online portal: comments concerning the possible open from June 08, 2020, to July 7, 2020. https://comments.USTR.gov. extension for up to 12 months of After registration, the commenter may FOR FURTHER INFORMATION CONTACT: particular exclusions granted under the submit an exclusion extension comment Associate General Counsel Philip Butler initial 11 product exclusion notices form to the public docket. or Assistant General Counsel Benjamin under the $200 billion action. See 85 FR Fields on the comment form marked Allen at (202) 395–5725. 27011 (the May 6 notice). The U.S. with an asterisk (*) are required fields. SUPPLEMENTARY INFORMATION: Trade Representative has now decided Fields with a gray (BCI) notation are for to consider a possible extension for up business confidential information and A. Background to 12 months of particular exclusions the information entered will not be For background on the proceedings in granted under the final three product publicly available. Fields with a green this investigation, please see prior exclusion notices under the $200 billion (public) notation will be publicly

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available. Additionally, parties will be order issued by the U.S. Department of • Whether the Chinese-origin product able to upload documents and indicate Commerce. of concern is sold as a final product or whether the documents are BCI or • Whether you support or oppose as an input. public. Commenters will be able to extending the exclusion and an • Whether the imposition of duties on review the public version of their explanation of your rationale. the products covered by the exclusion comments before they are posted. Commenters must provide a public will result in severe economic harm to In order to facilitate the preparation of version of their rationale, even if the the commenter or other U.S. interests. comments prior to the June 8 opening of commenter also intends to submit a • Any additional information in the public docket, a facsimile of the more detailed BCI rationale. support of or in opposition to extending exclusion extension comment form to be • Whether the products covered by the exclusion. used on the portal is annexed to this the exclusion or comparable products Commenters also may provide any notice. Please note that the color-coding are available from sources in the U.S. or other information or data that they of the public and BCI fields is not in third countries. Please include consider relevant. visible on the annex, but will be information concerning any changes in D. Submission Instructions apparent on the actual comment form the global supply chain since September To be assured of consideration, you used on the portal. 2018 with respect to the particular must submit your comment between the Set out below is a summary of the product. opening of the public docket on the information to be entered on the • The efforts you have undertaken exclusion extension comment form. portal on June 08, 2020 and the July 07, • since September 2018 to source the 2020 submission deadline. Parties Contact information, including the product from the United States or third full legal name of the organization seeking to comment on more than one countries. exclusion must submit a separate making the comment, whether the • commenter is a third party (e.g., law The value and quantity of the comment for each exclusion. firm, trade association, or customs Chinese-origin product covered by the By submitting a comment, the broker) submitting on behalf of an specific exclusion request purchased in commenter certifies that the information organization or industry, and the name 2018 and 2019. Whether these provided is complete and correct to the of the third party organization, if purchases are from a related company, best of their knowledge. applicable. and if so, the name of and relationship to the related company. E. Paperwork Reduction Act • The number for the exclusion on • In accordance with the requirements which you are commenting as provided Whether Chinese suppliers have of the Paperwork Reduction Act of 1995 in the annex of the Federal Register lowered their prices for products and its implementing regulations, the notice granting the exclusion and the covered by the exclusion following the Office of Management and Budget has description. For descriptions, amended imposition of duties. assigned control number 0350–0015, or corrected by a later issued notice of • The value and quantity of the which expires January 31, 2023. product exclusions, parties should use product covered by the exclusion the amended or corrected description. purchased from domestic and third Joseph Barloon, • Whether the product or products country sources in 2018 and 2019. General Counsel, Office of the United States covered by the exclusion are subject to • If applicable, the commenter’s gross Trade Representative. an antidumping or countervailing duty revenue for 2018 and 2019. BILLING CODE 3290–F0–P

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[FR Doc. 2020–11952 Filed 6–2–20; 8:45 am] BILLING CODE 3290–F0–C

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DEPARTMENT OF TRANSPORTATION RAM shipments, § 397.101 defines a government routing agencies to update preferred route as an Interstate Highway their Route Registry listings and contact Federal Motor Carrier Safety for which no alternative route is information. Administration designated by the State; a route The full current NHMRR for each specifically designated by the State; or State is posted on FMCSA’s website at: National Hazardous Materials Route both. (See § 397.65 for the definition of https://www.fmcsa.dot.gov/regulations/ Registry ‘‘NRHM’’ and ‘‘routing designations.’’) hazardous-materials/national- AGENCY: Federal Motor Carrier Safety Under a delegation from the hazardous-materials-route-registry. Secretary,1 FMCSA has authority to Administration (FMCSA), Department Revisions to the NHMRR in This Notice of Transportation (DOT). implement 49 U.S.C. 5112. Currently, § 397.73 establishes public In accordance with the requirements ACTION: Notice; revisions to the listing of information and reporting requirements of §§ 397.73 and 397.103, the NHMRR is designated and restricted routes for for NRHM. States or Tribal governments revised as follows: hazardous materials. are required to furnish information to FMCSA regarding any new or changed Table 2.—California—Designated SUMMARY: This notice makes revisions to NRHM Routes the National Hazardous Materials Route routes within 60 days after Registry (NHMRR) reported to the establishment. Under § 397.103, a State The existing Route Order Designator FMCSA from April 1, 2019 through routing designation for HRCQ/RAM ‘‘A1’’ is revised to remove the ‘‘I’’ March 31, 2020. The NHMRR is a routes (preferred routes) as an designation. listing, as reported by States and Tribal alternative, or in addition, to an A new additional Route Order governments, of all designated and Interstate System highway, is effective Designator ‘‘A1’’ is added and assigned restricted roads and preferred highway when the authorized routing agency an ‘‘I’’ designation. routes for transportation of highway provides FMCSA with written Route Order Designator ‘‘A2’’ with the route controlled quantities of Class 7 notification, FMCSA acknowledges ‘‘I’’ designation is revised. (radioactive materials) (HRCQ/RAM) receipt in writing, and the route is Route Order Designator ‘‘A4A–3.0B’’ and non-radioactive hazardous published in FMCSA’s NHMRR. The with the ‘‘I’’ designation is revised to materials (NRHM). Office of Management and Budget has remove the QA comment. approved these collections of Route Order Designator ‘‘A4A–3.0–D’’ DATES: Effective date: June 3, 2020. information under control number is revised to remove the ‘‘B’’ FOR FURTHER INFORMATION CONTACT: Ms. 2126–0014, Transportation of designation. Melissa Williams, Hazardous Materials Hazardous Materials, Highway Routing. Route Order Designator ‘‘A5A–3.0– Division, Office of Enforcement and In this notice, FMCSA is merely C1’’ is revised and the QA comment is Compliance, Federal Motor Carrier performing the ministerial function of removed. Safety Administration, 1200 New Jersey updating and publishing the NHMRR Route Order Designator ‘‘A5A–3.0– Ave. SE, Washington, DC 20590, (202) based on input from its State and Tribal C2’’ is revised and the QA comment is 366–4163, [email protected]. partners under 49 U.S.C. 5112(c)(1). removed. SUPPLEMENTARY INFORMATION: Accordingly, this notice serves only to A new Route Order Designator ‘‘A5A– Legal Basis and Background provide the most recent revisions to the 3.0–C3’’ is added. NHMRR; it does not establish any new Route Order Designator ‘‘A5A–3.0–D’’ Paragraphs (a)(2) and (b) of section public information and reporting is revised and the QA comment is 5112 of title 49, United States Code requirements. removed. (U.S.C.), permit States and Tribal Route Order Designator ‘‘A10Q–2.0’’ governments to designate and limit Updates to the NHMRR is revised. highway routes over which hazardous FMCSA published the full NHMRR in A new Route Order Designator materials (HM) may be transported, a Federal Register notice on April 29, ‘‘A11P–1.0–A1’’ is added. provided the State or Tribal government 2015 (80 FR 23859). Since publication complies with standards prescribed by of the 2015 notice, FMCSA published Route Order Key the Secretary of Transportation (the three updates to the NHMRR in Federal Each listing in the NHMRR includes Secretary) and meets publication Register notices on August 8, 2016 (81 codes to identify each route designation requirements in section 5112(c). To FR 52518), August 9, 2018 (83 FR and each route restriction reported by establish standards under paragraph (b), 39500) and September 24, 2019 (84 FR the State. Designation codes identify the the Secretary must consult with the 50098). routes along which a driver may or must States, and, under section 5112(c), This notice makes revisions to the transport specified HM. Among the coordinate with the States to ‘‘update NHMRR, reported to the FMCSA from designation codes is one for preferred and publish periodically’’ a list of April 1, 2019 through March 31, 2020. routes, which apply to the currently effective HM highway routing The revisions to the NHMRR listings in transportation of a highway route designations and restrictions. The this notice supersede and replace controlled quantity of Class 7 requirements that States and Tribal corresponding NHMRR listings (radioactive) material. Restriction codes governments must follow to establish, published in the April 29, 2015 notice identify the routes along which a driver maintain, or enforce routing and corresponding revisions to the may not transport specified HM designations for the transport of NHMRR listings published in the shipments. placardable quantities of NRHM are set August 8, 2016, August 9, 2018, and forth in 49 CFR part 397, subpart C. September 24, 2019 notices. Please TABLE 1—RESTRICTION/DESIGNATION Subpart D of part 397 sets out the continue to refer to the April 29, 2015 KEY requirements for designating preferred notice for additional background on the routes for highway route controlled NHMRR and the August 8, 2016 notice Restrictions Designations quantities of HRCQ/RAM shipments as for the procedures for State and Tribal 0—ALL Hazardous Mate- A—ALL NR Hazardous an alternative, or in addition, to rials. Materials. Interstate System highways. For HRCQ/ 1 49 CFR 1.87(d)(2). 1—Class 1—Explosives B—Class 1—Explosives.

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TABLE 1—RESTRICTION/DESIGNATION TABLE 1—RESTRICTION/DESIGNATION TABLE 1—RESTRICTION/DESIGNATION KEY—Continued KEY—Continued KEY—Continued

Restrictions Designations Restrictions Designations Restrictions Designations

2—Class 2—Gas ...... I—Poisonous Inhalation 6—Class 6—Poison. i—Poisonous Inhalation Hazard (PIH). 7—Class 7—Radioactive. Hazard (PIH). 3—Class 3—Flammable P—*Preferred Route* 8—Class 8—Corrosives. Class 7—Radioactive. 9—Class 9—Dangerous Revisions to the National Hazardous 4—Class 4—Flammable (Other). Solid/Combustible. Materials Route Registry (March 31, 5—Class 5—Organic. 2020)

TABLE 2—CALIFORNIA—DESIGNATED NRHM ROUTES

Designation Designation(s) date Route order Route description City County (A,B,I,P) FMCSA QA comment

12/07/17 and A1 ...... State Route 905 from ...... B. 01/01/20. Mexican Border to Inter- state 5. 01/01/20 ...... A1 ...... State Route 905 from ...... I. Mexican Border to Inter- state 805. 04/16/92 and A2 ...... Interstate 805 [San Diego] San Diego ... San Diego ... I. 01/01/20. from SR 163 [San Diego] to State Route 905. 04/16/92 ...... A4A–3.0–B ...... Interstate 15 from State 60 ...... I. [Mira Loma] to State 163 [San Diego]. 04/16/92 ...... A4A–3.0–D ...... CR S30/Forrester Rd. from ...... Imperial ...... I ...... This route will be consid- State 86 [Westmorland] ered by the California to Interstate 8 [El Centro]. Highway Patrol for up- dates in a future rule- making. 10/28/92 ...... A5A–3.0–C1 ..... State 7 from Interstate 8 to Calexico ...... Imperial ...... B. Calexico East Port of Entry [at Mexico]. 10/28/92 ...... A5A–3.0–C2 ..... State 111 from State 78 ...... Imperial ...... B. (Hovley) to Interstate 8 [El Centro]. 12/26/18 ...... A5A–3.0–C3 ..... State 78 from Forrester ...... B. Road (Westmorland) to State 111 (Hovley). 10/28/92 (B) A5A–3.0–D ...... State 86 [Indio] to State 78 ...... B,I. 04/16/92 (I). [Westmorland]. 10/28/92 ...... A10Q–2.0 ...... State 43 from State 99 ...... B. [Selma] to Interstate 5. 03/06/19 ...... A11P–1.0–A1 ... Business 58 from State 58 ...... B. to State 58 [Mojave].

End of Revisions to the National and allocations for grant programs, email notifications when new Hazardous Materials Route Registry provides contract authority, and information is available. describes plans for several competitive James A. Mullen, SUPPLEMENTARY INFORMATION: programs. Deputy Administrator. Table of Contents [FR Doc. 2020–11912 Filed 6–2–20; 8:45 am] FOR FURTHER INFORMATION CONTACT: For BILLING CODE 4910–EX–P general information about this notice, I. Overview contact Kimberly Sledge, Deputy II. FY 2020 Funding for FTA Programs Associate Administrator, Office of A. Funding Available Under the Further DEPARTMENT OF TRANSPORTATION Program Management, at (202) 366– Consolidated Appropriations Act, 2020 2053. Please contact the appropriate B. Oversight Takedown Federal Transit Administration FTA Regional Office for any specific C. FY 2020 Formula Apportionments: Data requests for information or technical and Methodology FTA Fiscal Year 2020 Apportionments, assistance. FTA Regional Office contact III. FY 2020 Program Highlights Allocations and Program Information information is available on FTA’s A. Emergency Relief Docket AGENCY: Federal Transit Administration website: www.transit.dot.gov. An FTA B. Policy Priorities (FTA), DOT. headquarters contact for each major 1. Accelerating Innovative Mobility (AIM) 2. Public Transportation Agency Safety ACTION: Notice. program area is included in the discussion of that program in the text of Plans SUMMARY: This notice provides priorities this notice. FTA recommends 3. Value Capture for programs in Fiscal Year (FY) 2020, stakeholders subscribe on FTA’s 4. Coordinating Council on Access and announces the full-year apportionments website: www.transit.dot.gov to receive Mobility

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5. Rural Opportunities to Use authority as well as other requirements Metropolitan and Statewide Planning Transportation for Economic Success applicable to FTA programs and grant funds, 0.75 percent of Urbanized Area (ROUTES) administration. Finally, the notice Formula Grant funds, 1 percent of Fixed 6. Opportunity Zones includes a reference to tables on FTA’s Guideway Capital Investment Grants C. FY 2020 Competitive Program Funding D. National Defense Authorization Act for website that show new contract funds, 0.5 percent of Formula Grants for FY 2020 authority apportioned and made the Enhanced Mobility of Seniors and IV. FY 2020 Program-Specific Information available through September 30, 2020. Individuals with Disabilities funds, 0.5 A. Metropolitan Planning Program (49 Information in this document percent of Formula Grants for Rural U.S.C. 5303 and 5305(d)) includes references to existing FTA Areas funds, 1 percent of State of Good B. State Planning and Research Program program guidance and circulars. Some Repair Formula Grants funds, 0.75 (49 U.S.C. 5304 and 5305(e)) information in FTA’s guidance percent of Grants for Buses and Bus C. Urbanized Area Formula Program (49 documents and circulars may have been Facilities funds, and 1 percent of funds U.S.C. 5307) D. Fixed Guideway Capital Investment superseded by new provisions in the for Capital and Preventive Maintenance Grants Program (49 U.S.C. 5309) Fixing America’s Surface Transportation Projects for grants to the Washington E. Formula Grants for the Enhanced (FAST) Act (Pub. L. 114–94), but these Metropolitan Area Transit Authority. Mobility of Seniors and Individuals With guidance documents and circulars FTA uses the funds to provide necessary Disabilities Program (49 U.S.C. 5310) remain a resource for program oversight activities, such as oversight of F. Formula Grants for Rural Areas Program management in most areas. the construction of any major capital (49 U.S.C. 5311) project receiving Federal public II. FY 2020 Funding for FTA Programs G. Rural Transportation Assistance transportation assistance; to conduct Program (49 U.S.C. 5311(b)(3)) A. Funding Available Under the Further State Safety Oversight, drug and H. Appalachian Development Public Transportation Assistance Program (49 Consolidated Appropriations Act, 2020 alcohol, civil rights, procurement U.S.C. 5311(c)(2)) Division H of the Further systems, management, planning I. Public Transportation on Indian Consolidated Appropriations Act, 2020 certification, and financial management Reservations Program (49 U.S.C. (Pub. L. 116–94) (‘‘Further Consolidated reviews and audits; evaluations and 5311(c)(1)) Appropriations Act, 2020’’) makes $12.8 analyses of grantee-specific problems J. Public Transportation Innovation (49 billion in funding available for FTA and issues; and to generally provide U.S.C. 5312) technical assistance and correct K. Technical Assistance and Workforce programs in FY 2020. The Further Consolidated Appropriations Act, 2020 deficiencies identified in compliance Development (49 U.S.C. 5314) reviews and audits. L. Public Transportation Emergency Relief provides $10.15 billion in funding from Program (49 U.S.C. 5324) the Mass Transit Account of the C. FY 2020 Formula Apportionments: M. State Safety Oversight Formula Program Highway Trust Fund at the amounts Data and Methodology (49 U.S.C. 5329) authorized by the FAST Act for FY N. State of Good Repair Grants Program (49 2020, along with $2.64 billion in general 1. Apportionment Tables U.S.C. 5337) funds including $1.978 billion for FTA publishes apportionment tables O. Grants for Buses and Bus Facilities Capital Investment Grants, $150 million Program (49 U.S.C. 5339) on its website for each program that P. Growing States and High-Density States in additional general contract authority reflects the funding level in the full-year Formula Factors (49 U.S.C. 5340) for the Washington Metropolitan Area appropriations act less oversight take- Q. Washington Metropolitan Area Transit Transit Authority (WMATA) and $510 downs, as applicable. FTA has posted Authority Grants million for transit infrastructure grants tables displaying the funds available to V. FY 2020 Grants including: $168 million for Grants for eligible states, tribes, and urbanized A. Automatic Pre-Award Authority to Buses and Bus Facilities formula grants, areas to www.transit.dot.gov/funding/ Incur Project Costs $170 million for Buses and Bus apportionments. This website contains a B. Letter of No Prejudice (LONP) Policy Facilities competitive grants, $75 page listing the apportionment and C. FY 2020 Annual List of Certifications million for Low or No Emissions Grants, and Assurances allocation tables for FY 2020, links to D. Civil Rights Requirements $40 million for Formula Grants for Rural prior year formula apportionment E. Consolidated Planning Grants Areas, $40 million for the Section 5340 notices and tables, and the National F. Grant Application Procedures High Density States Apportionments, Transit Database (NTD) and Census data $5.5 million for Section 5312 Public used to calculate the FY 2020 I. Overview Transportation Innovation, and $3 apportionments. This document provides notice to million for low and no emission vehicle 2. National Transit Database (NTD) and stakeholders that FTA is apportioning testing facilities. Also included is $8.5 Census Data Used in the FY 2020 the full Fiscal Year (FY) 2020 million for new competitive grants in Apportionments authorized contract authority through areas of persistent poverty. Current September 30, 2020 for FTA formula funding availability for each program is Consistent with past practices, the and competitive programs pursuant to identified in section IV of this notice apportionments calculations for Division H of the Further Consolidated and in Table 1 located on FTA’s FY Sections 5307, 5311 (including Appropriations Act, 2020 (Pub. L. 116– 2020 Apportionment web page: 5311(c)(1)), 5329, 5337, and 5339 rely 94). In addition, this document contains www.transit.dot.gov/funding/ on the most-recent transit service data important information about FTA apportionments. reported to the NTD, which for FY 2020 programs, statutory requirements, and is the 2018 report year. In some cases, B. Oversight Takedown policy priorities. where an apportionment is based on the For each FTA program, FTA has Section 5338(f) of title 49, United age of the system, the age is calculated provided information on the FY 2020 States Code (all subsequent statutory as of September 30, 2019, the last day authorized funding levels, funding references are to title 49, United States before FY 2020 began. Recipients or availability and the period of Code unless otherwise noted) provides beneficiaries of either Section 5307 or availability of funds. A separate section for the following oversight takedowns of 5311 funds are required to report to the provides information on pre-award FTA programs: 0.5 percent of NTD. Additionally, several transit

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operators report to the FTA’s NTD on a recipient receives funding directly from Centers will provide targeted technical voluntary basis. For the 2018 report FTA or indirectly from a pass-through assistance to deploy successful year, the NTD includes data from 941 entity. It is expected that 2020 Census innovative models and develop case reporters in urbanized areas, 925 of data will be utilized for FTA funding studies and hands-on resources. The which reported operating transit service. beginning in FY 2023, after careful centers will hold workshops focused on The NTD also includes data from 1,475 processing of the data by the Bureau of bringing together transit agencies to providers of rural transit service, which the Census, followed by review and discuss best practices, identify barriers, includes 134 Indian Tribes providing evaluation of the data by FTA. and advance the adoption of new transit service. technologies and practices while The 2010 Census data is used to III. FY 2020 Program Highlights ensuring safety for riders. More determine population and population A. Emergency Relief Docket information on the AIM initiative is density for Sections 5303, 5305, 5307 available at: www.transit.dot.gov/AIM. and 5339 as well as rural population Pursuant to 49 CFR 601.42, on and rural land area for the 5311 January 15, 2020 FTA announced the 2. Public Transportation Agency Safety program. The formulas for Sections establishment of an Emergency Relief Plans 5307, 5311, and 5311(c)(1) include tiers Docket for calendar year 2020. See The Public Transportation Agency where funding is allocated based on the https://federalregister.gov/d/2020-00539 Safety Plan (PTASP) regulation at 49 number of persons living in poverty, for more information. After an CFR part 673 requires certain operators and the Section 5310 formula program emergency or major disaster, if FTA of public transportation systems that allocates funding based on the requirements impede a recipient’s or receive Federal financial assistance population of older adults and people subrecipient’s ability to respond to the under 49 U.S.C. Chapter 53 to draft and with disabilities. The Census Bureau no emergency or major disaster, a recipient certify a Public Transportation Agency longer publishes decennial census data or subrecipient may submit a request for Safety Plan (ASP) by July 20, 2020. On on persons living in poverty and temporary relief from FTA April 22, 2020, FTA issued a Notice of persons with disabilities. As a result, administrative and statutory Enforcement Discretion to alert transit since FY 2013, FTA has used the data requirements. A recipient or agencies that, until December 31, 2020, for these populations available via the subrecipient seeking relief must submit FTA will refrain from taking Census’ American Community Survey a petition for waiver of FTA enforcement action against any FTA (ACS). The NTD and Census data that requirements at www.regulations.gov for recipient or subrecipient subject to the FTA used to calculate the posting in the docket (FTA–2020–0001). PTASP regulation that is unable to apportionments associated with this For additional information on the certify that it has established an Agency notice can be found on FTA’s website: Emergency Relief Docket, please contact Safety Plan that complies with the www.transit.dot.gov/funding/ the appropriate FTA Regional Office. regulation by the July 20 compliance apportionments. B. Policy Priorities deadline. During this time, the PTASP The FY 2020 apportionments use data Technical Assistance Center will remain on low-income persons, persons with As FTA implements its programs, it is available to meet grantees’ PTASP disabilities, and older adults from the particularly focused on the following technical assistance needs. 2013–2017 ACS five-year data set, policy priority areas in FY 2020. a. Applicability which was published in December 2018. 1. Accelerating Innovative Mobility This data represents the most recent The PTASP regulation applies to all five-year ACS estimates that are FTA is launching the Accelerating operators of public transportation available as of October 1 for the year Innovative Mobility (AIM) Initiative to systems that are recipients and sub- being apportioned. As was the case in significantly advance the adoption of recipients of federal financial assistance prior years, data on low-income persons innovative technologies, practices or under the Urbanized Area Formula comes from ACS Table B17024, ‘‘Age by service models to improve mobility and Program (49 U.S.C. 5307) and rail transit Ratio of Income to Poverty in the Last the customer experience. Furthermore, agencies that are subject to FTA’s State Twelve Months,’’ and data on people the AIM initiative seeks to ensure these Safety Oversight Program. FTA has with disabilities under 65 years old new technologies or practices permit deferred applicability of Part 673 for comes from ACS Table S1810, interoperability across transit systems. operators that only receive funds ‘‘Disability Characteristics.’’ Data on On March 18, 2020, FTA announced through FTA’s Formula Grants for the older adults (over 65 years old) comes an $11 million Notice of Funding Enhanced Mobility of Seniors and from ACS Table B01001, ‘‘Sex by Age.’’ Opportunity under the AIM Initiative to Individuals with Disabilities Program The Bureau of the Census will carry support and advance innovation in the under 49 U.S.C. 5310 and/or Formula out the next decennial census in 2020. transit industry. AIM challenge grants Grants for Rural Areas Program under Data collected during the decennial will help transit agencies explore new 49 U.S.C. 5311. In addition, Part 673 census impacts the type and amount of service models that provide more does not apply to certain modes of funding that FTA recipients are eligible efficient and frequent service, which transit service that are subject to the to receive. The Bureau of the Census will help retain riders. As a funding safety jurisdiction of another Federal will issue a list of Urbanized Areas and partner, FTA will help alleviate the agency, including passenger ferry population statistics based on 2020 potential risks involved in adopting new operations that are regulated by the Census data. Changes to an area’s technologies and practices. United States Coast Guard and designation as an urban or rural area FTA’s Fiscal Year 2020 competitive commuter rail operations that are will change the grant programs for capital grant programs, which total $615 regulated by the Federal Railroad which recipients in that area are million, will highlight innovation as Administration. eligible. Changes to the size and part of their selection criteria. This will In addition, States must draft and population of an area may mean that the provide applicants with an opportunity certify ASPs on behalf of small public area will receive more or less formula to showcase how they can incorporate transportation providers within a State, funding than it received based on 2010 new approaches to improve the rider unless a small provider opts to draft and Census data, or may change whether a experience. FTA’s Technical Assistance certify their own ASP and notifies the

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State that they will do so. A small While these increased values typically U.S.C. 5310), Formula Grants for Rural public transportation provider is a accrue to private landowners, the public Areas (49 U.S.C. 5311) and Tribal transit operator that meets all of the investment leading to these increases Transit Program Formula Grants (49 following requirements: may depend upon the return of a U.S.C. 5311(c)(1)(B)) allow federal funds • Is a recipient or sub-recipient of portion of that value to finance the from outside the Department of FTA’s Urbanized Area Formula project or fund the continuing upkeep Transportation (DOT) to be used as local Program, and maintenance of the associated match. In 2019, the Coordinating • Operates 100 or fewer vehicles in transit system infrastructure. This Council on Access and Mobility peak revenue service across all fixed recaptured revenue may reduce the (CCAM) partner agencies developed the route modes and any each non-fixed amount of public funding required from CCAM Program Inventory which route mode, and Federal, state and local government identifies 130 Federal programs that • Does not operate rail fixed- sources and increase the amount of total may fund transportation services for guideway public transportation. funding available for urgent people with disabilities, older adults, Regardless of who drafts and certifies infrastructure projects. and/or individuals of low income. For an ASP, each transit operator is required There are many mechanisms available instance, sixty-six programs from the to carry out and implement its own for transit agencies and local U.S. Department of Health and Human ASP. governments to recover or leverage the Services (HHS) are eligible to be used as State Safety Oversight Agencies must increased value that transit creates to local match for Section 5307, 5310, 5311 review and approve the ASP of each rail generate revenues to fund current transit and 5311(c)(1)(B) grants. transit agency that they oversee. operations or future capital investments. b. Coordination and FTA’s Charter b. Certifications and Assurances Examples include tax increment financing, impact fees, joint Service Regulations Applicants for Urbanized Area development, sale of air rights or FTA’s Charter Service Regulations (49 Formula Program funds, rail transit naming rights, special assessment CFR part 604), which implement 49 agencies that are subject to FTA’s State districts, and others. Value capture U.S.C. 5323(d), have limited exceptions Safety Oversight Program, and States revenues are also eligible to be used as when an FTA grantee may provide that are required to draft and certify an local match for Federal grants (49 U.S.C. charter service, including services ASP on behalf of a small public 5323(s)). provided by Qualified Human Service transportation provider must certify that Recognizing that value capture can Organizations (QHSO) serving elderly, they have met the requirements of the help to promote transit-supportive land persons with disabilities, and low- PTASP regulation no later than July 20, uses and can optimize the benefits of income individuals. The Charter Rule 2020. The certification requirement does transit investments, FTA intends to exception for QHSOs applies to not apply to any applicant that receives solicit comment from transit agencies, organizations that are either registered financial assistance from FTA local governments, land developers and on the FTA website on a bi-annual exclusively under the Formula Grants other stakeholders on how FTA can basis, or receive funding from one of the for the Enhanced Mobility of Seniors support and better assess the use of sources listed in Charter Rule Appendix Program (49 U.S.C. 5310), the Formula value capture for public transportation A published on January 14, 2008. In Grants for Rural Areas Program (49 projects. The upcoming call for public addition, individual demand response U.S.C. 5311), or combination of these comment will include several questions service is excluded from the definition two programs. regarding how FTA identifies, supports of Charter service. To learn more, visit Applicants that receive awards prior and assesses value capture through its FTA’s Charter service website: https:// to fulfilling their requirements under funding programs and related policies. www.transit.dot.gov/regulations-and- the PTASP regulation and prior to July guidance/access/charter-bus-service/ 20, 2020, will execute all other relevant 4. Coordinating Council on Access and charter-bus-service-regulations-0. certifications and then execute the Mobility 5. Rural Opportunities To Use PTASP certification after the The Coordinating Council on Access Transportation for Economic Success requirements are met, but no later than and Mobility (CCAM) is an interagency (ROUTES) July 20, 2020. After July 20, 2020, FTA partnership established by Executive will not process a grant application Order 13330 to coordinate the efforts of Rural transportation infrastructure without the PTASP certification. the Federal agencies that fund faces significant challenges. Over 70 For more information on the transportation services for percent of America’s road miles are in requirements, please visit the PTASP transportation disadvantaged rural areas. While one-fifth of Technical Assistance Center at https:// populations. The CCAM met on October Americans live in rural areas, rural www.transit.dot.gov/PTASP-TAC. 29, 2019 and adopted a new Strategic America’s traffic fatalities are Plan. To facilitate coordination the disproportionately high, totaling 46 3. Value Capture CCAM has clarified the ability to use percent of fatalities in 2018. Further, of FTA encourages grantees to consider federal funds as match and the the nation’s bridges that are posted for options to utilize value capture in applicability of FTA’s Charter Service weight limits, 90 percent are in rural planning and financing capital projects. Regulations. areas. Per 49 U.S.C. 5302(24), value capture is The new ROUTES Initiative will the process by which a public agency a. Federal Braiding of Funds address these challenges by assisting leverages or recovers a portion of the Federal fund braiding refers to rural stakeholders in understanding increased value of properties located funding arrangements in which funds how to access DOT grants and financing near public transportation. Extensive from one federal program are used to products, and developing data-driven research has shown that public meet the local match requirements of approaches to better assess needs and transportation investments can lead to another. FTA Urbanized Area Formula benefits of rural transportation projects. significant increases in land values Grants (49 U.S.C. 5307), Enhanced This builds on DOT’s Transportation located close to transit systems due to Mobility of Seniors and Individuals Infrastructure Finance and Innovation the increased access to that location. with Disabilities Formula Grants (49 Act Loan Program’s Rural Project

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Initiative, which offers lower project- Council will initially review public gains to finance new projects and cost thresholds for loan eligibility, low comments and create a rural resources enterprises. There are more than 8,700 subsidized interest rates, and the handbook. The first meeting was held in designated Qualified Opportunity Zones coverage of fees to encourage use of the November 2019. To learn more, visit the located in all 50 States, the District of credit program for infrastructure ROUTES Initiative website: https:// Columbia, and five United States projects in rural areas. DOT will engage www.transportation.gov/rural. territories. Of the Qualified Opportunity rural transportation stakeholders at Zones 40 percent are in rural census 6. Opportunity Zones events over the coming year to educate tracts, 38 percent are in urban tracts, project sponsors about the funding and Despite the growing national and 22 percent are in suburban tracts. finance opportunities at DOT, as well as economy, economically distressed In determining the allocation of to receive their feedback. communities are located in every corner competitive program funds, FTA may Consistent with the ROUTES of the United States and its territories. prioritize projects located in or that Initiative, FTA will encourage These communities have high levels of support public transportation service in applicants to FY 2020 competitive poverty, failing schools, job scarcity, a qualified Opportunity Zone. funding opportunities to consider how and a lack of investment. A new tax C. FY 2020 Competitive Program their proposed projects will address the incentive, Opportunity Zones, was Funding challenges faced by rural areas. created by the 2017 Tax Cuts and Jobs DOT also formed a rural Act to spur economic development and FTA’s competitive grants programs transportation infrastructure council, job creation by encouraging long-term and the FY 2020 appropriated funding the ROUTES Council, to lead the way investment in low-income communities levels are identified in the chart below. on this initiative. This new internal nationwide. FTA selects projects for funding after deliberative body at DOT will identify The Opportunity Zone designation issuance of a Notice of Funding critical rural transportation concerns encourages investment in communities Opportunity. Additional information and coordinate efforts among DOT’s by granting investors extensive Federal about each competitive program is in different modal administrations. The tax advantages for using their capital Section III of this notice.

2020 amount FY 2020 competitive programs Statute 49 U.S.C. ($M) NOFO published Applications due

Pilot Program for Innovative Coordinated Access and FAST Section 3006(b) ...... $3.50 Nov 1, 2019 ...... Jan 6, 2020. Mobility. Low or No Emission Grants Competitive Program ...... 5339(c) ...... 130.00 Jan 17, 2020 ..... Mar 17, 2020. Grants for Buses and Bus Facilities Competitive Program 5339(b) ...... 454.63 Jan 30, 2020 ..... April 29, 2020. Passenger Ferry Grant Program ...... 5307(h) ...... 30.00 Jan 30, 2020 ..... April 29, 2020. Redesign of Transit Bus Operator Compartment ...... 5312 ...... 2.00 Feb 11, 2020 ..... Mar 24, 2020. Safety Research Demonstrations ...... 5312 ...... 7.30 Feb 13, 2020 ..... Mar 24, 2020. Helping Provide Prosperity for Everyone (HOPE) Grants ...... 8.50 Mar 3, 2020 ...... June 3, 2020. Accelerating Innovative Mobility Challenge Grants ...... 5312 ...... 11.00 Mar 18, 2020 ..... May 18, 2020. Tribal Transit ...... 5311(c)(1)(A) ...... 5.00 May 2020 ...... August 2020. Real-Time Infrastructure and Rolling Stock Condition As- 5312 ...... 1.25 TBD ...... TBD. sessment Demonstrations. Transit Oriented Development Planning Grants ...... MAP–21 20005(b) ...... TBD TBD ...... TBD.

D. National Defense Authorization Act IV. FY 2020 Program-Specific discretion to award MPP and SPRP for FY 2020 Information assistance to States, authorities of States, MPOs, and local governmental A. Metropolitan Planning Program (49 Section 7613 of the National Defense authorities. Authorization Act for FY 2020 (NDAA) U.S.C. 5303 and 5305(d)) Each MPO must establish specific amends 49 U.S.C. 5323 to add Section 5305(d) authorizes Federal performance targets against system subsections (u) Limitation on Certain funding to support a cooperative, performance measures issued by DOT, Rail Rolling Stock Procurements and (v) continuous, and comprehensive and use these in tracking progress Cybersecurity Certification for Rail planning program for transportation towards attaining critical outcomes. The Rolling Stock and Operations. FTA investment decision-making at the MPO must coordinate with States and issued guidance to help transit agencies metropolitan area level. The specific transit providers in setting these targets. and transit vehicle manufacturers requirements of metropolitan MPOs must provide a system understand and comply with the transportation planning are set forth in performance report that evaluates prohibitions on FTA-funded rolling 49 U.S.C. 5303 and further explained in progress in meeting the performance 23 CFR part 450, as incorporated by stock procurements contained in the targets in comparison with the system reference in 49 CFR part 613, Planning performance identified in prior reports. FY2020 NDAA found at https:// Assistance and Standards. The State MPP funding must support work www.congress.gov/116/bills/s1790/ DOTs are the designated recipients of resulting in balanced and BILLS-116s1790enr.pdf. The NDAA Metropolitan Planning Programs (MPP) comprehensive intermodal frequently asked questions are based on and State Planning and Research transportation planning for the inquiries from grantees and transit Program (SPRP) funds allocated by FTA, movement of people and goods in the vehicle manufacture and can be found which are then sub-allocated to metropolitan area. Comprehensive at https://www.transit.dot.gov/funding/ Metropolitan Planning Organizations transportation planning is not limited to procurement/frequently-asked- (MPOs) for planning activities that transit planning or surface questions-regarding-section-7613- support the economic vitality of the transportation planning, but also national-defense. metropolitan area. The Secretary has the encompasses the relationships among

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land use and all transportation modes, Public Transportation Agency Safety section 5305. Of the amounts authorized without regard to the programmatic Plan; safety, security and emergency for Section 5305, 82.72 percent, or source of Federal assistance. MPP funds transportation planning; coordinated $117,492,524, is made available to the may be used for studies relating to public transit human services Metropolitan Planning Program in FY management, mobility management, transportation planning; transportation 2020 to provide financial assistance for planning, operations, capital and air quality planning and conformity metropolitan planning needs under requirements, economic feasibility, analysis; and public participation in the Section 5303. performance-based planning, safety, and transportation planning, including the 2. FY 2020 Funding Availability transit asset management. Funds may be development of the Public Participation used to develop or update the Plan. An exhaustive list of eligible work Under the Further Consolidated metropolitan planning agreements, and activities is provided in FTA Circular Appropriations Act, 2020, $117,492,524 to evaluate previously funded projects 8100.1D, Program Guidance for is available to the Metropolitan or to conduct peer reviews and Metropolitan Planning and State Planning Program (Section 5305(d)) to exchanges of technical data, Planning and Research Program Grants, support metropolitan transportation information, or assistance, among MPOs dated September 10, 2018. planning activities set forth in Section and other transportation planners. For more information about the 5303. The total amount apportioned for Funds may be used for planning for Metropolitan Planning program, please the Metropolitan Planning Program to multimodal transportation access to contact Victor Austin at (202) 366–2996 States for use by MPOs in urbanized transit facilities; system planning; or [email protected]. areas (UZAs) is $123,181,798 as shown scenario planning; corridor-level in the table below, after the deduction 1. Authorized Amounts alternative analysis; development of for oversight (authorized by Section federally required documents, including Federal public transportation law 5338) and the addition of reapportioned the Transit Asset Management Plan and authorizes $142,036,417 to carry out funds.

METROPOLITAN PLANNING PROGRAM

Total FY 2020 Appropriation Available ...... $117,492,524 Oversight Deduction ...... (587,463) Reapportioned Funds ...... 6,276,737

Total Apportioned ...... 123,181,798

3. Period of Availability Metropolitan Planning program and 1. Authorized Amounts The Metropolitan Planning program planning support for non-urbanized Federal public transportation law funds apportioned in this notice are areas. The specific requirements of authorizes $24,543,893 in FY 2020, to available for obligation during FY 2020 Statewide transportation planning are provide financial assistance for plus three additional fiscal years. Funds set forth in 49 U.S.C. 5304 and further statewide planning and other technical apportioned in FY 2020 must be explained in 23 CFR part 450 as assistance activities under Section 5305. obligated in grants by September 30, referenced in 49 CFR part 613, Planning As specified in law, this represents the 2023. Any FY 2020 apportioned funds Assistance and Standards. State DOTs 17.28 percent of the amounts available that remain unobligated at the close of are required to reference performance for Section 5305 that are allocated to the business on September 30, 2023, will measures and performance targets Statewide Planning and Research revert to FTA for reapportionment within the Statewide Planning process. program. under the Metropolitan Planning This funding must support work 2. FY 2020 Funding Availability Program. resulting in balanced and comprehensive intermodal Under the Further Consolidated B. State Planning and Research Program Appropriations Act, 2020, $24,543,893 (49 U.S.C. 5304 and 5305(e)) transportation planning for the movement of people and goods and has is available for the State Planning and This program provides financial the same eligibilities as MPP funds. Research Program (Section 5305(e)). The assistance to States for statewide total amount apportioned for the State transportation planning and other For more information about the State Planning and Research Program (SPRP) technical assistance activities, including Planning and Research program, please is $24,421,174 as shown in the table supplementing the technical assistance contact Victor Austin at (202) 366–2996 below, after the deduction for oversight program provided through the or [email protected]. (authorized by Section 5338).

STATEWIDE TRANSPORTATION PLANNING PROGRAM

Total FY 2020 Appropriation Available ...... $24,543,893 Oversight Deduction ...... (122,719)

Total Apportioned ...... 24,421,174 States’ apportionments for this program are displayed in Table 2.

3. Period of Availability notice are available for obligation during in FY 2020 must be obligated in grants FY 2020 plus three additional fiscal by September 30, 2023. Any FY 2020 The State Planning and Research years. Accordingly, funds apportioned apportioned funds that remain program funds apportioned in this

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unobligated at the close of business on for capital projects. Projects are selected provide financial assistance for September 30, 2023 will revert to FTA annually through a funding urbanized areas under Section 5307. for reapportionment under the State competition. Additionally, 0.5 percent Planning and Research program. will be apportioned to eligible States for 2. FY 2020 Funding Availability C. Urbanized Area Formula Program (49 State Safety Oversight (SSO) Program Under the Further Consolidated U.S.C. 5307) grants, and 0.75 percent will be set aside Appropriations Act, 2020, for program oversight. Further $4,929,452,499 is available for the The Urbanized Area Formula Program information on the 0.5 percent Urbanized Area Formula program. The provides financial assistance to apportionment to States for the State total amount apportioned is designated recipients in urbanized areas Safety Oversight Program is provided in $5,371,536,821, which includes the (UZAs) for capital investments in public section IV.M. of this notice. transportation systems, planning, job addition of reapportioned funds and access and reverse commute projects, For more information about the amounts apportioned to UZAs pursuant and, in some cases, operating assistance. Urbanized Area Formula Program, to the Section 5340 Growing States and FTA apportions funds for this program Contact John Bodnar at (202) 366–9091 High-Density States Formula factors. through a statutory formula. Of the or [email protected]. For more This amount to UZAs excludes the set- information about the Ferry program, amount authorized for Section 5307 aside of $30 million for the Ferry contact Vanessa Williams at (202) 366– each year, $30 million is set aside for program, apportionments under the 4818 or [email protected]. the competitive Passenger Ferry Grant State Safety Oversight Program, and Program (Ferry program), as authorized 1. Authorized Amounts oversight (authorized by Section 5338), under 49 U.S.C. 5307(h). The Ferry as shown in the table below: program offers financial assistance to Federal public transportation law public ferry systems in urbanized areas authorizes $4,929,452,499 in FY 2020 to

URBANIZED AREA FORMULA PROGRAM

Total FY 2020 Appropriation Available ...... a $4,929,452,499 Oversight Deduction ...... (36,970,894) State Safety Oversight Program ...... (24,647,263) Ferry Discretionary Program ...... (30,000,000) 5340 High Density States ...... 309,364,074 5340 Growing States ...... 215,020,586 Reapportioned Funds ...... 9,317,819

Total Apportioned ...... 5,371,536,821 a Includes 1.5 percent set-aside for Small Transit Intensive Cities Formula Table 3 displays the amounts apportioned under the Urbanized Area Formula Program.

3. Period of Availability D. Fixed Guideway Capital Investment vehicles, and short headway bi- Grants Program (49 U.S.C. 5309) directional services for a substantial part Funds made available under the of weekdays; (3) projects that expand Urbanized Area Formula Program are The Capital Investment Grants (CIG) the capacity by at least 10 percent in an available for obligation during the year Program includes four types of eligible existing fixed guideway corridor that is of apportionment plus five additional projects: New Starts projects, Small at capacity today or will be in five years; years. Accordingly, funds apportioned Starts projects, Core Capacity and (4) programs of two or more in FY 2020 must be obligated by Improvement projects, and Programs of interrelated projects as described above September 30, 2025. Any FY 2020 Inter-related Projects. Funding is that have logical connectivity with one apportioned funds that remain provided for construction of: (1) New another and will all begin construction unobligated at the close of business on fixed guideway systems or extensions to in a reasonable timeframe. FAST Act September 30, 2025 will revert to FTA existing fixed guideway systems such as Section 3005(b) authorizes an Expedited rapid rail (heavy rail), commuter rail, for reapportionment under the Project Delivery for the CIG Pilot light rail, trolleybus (using overhead Urbanized Area Formula Program. Program. catenary), cable car, passenger ferries, For more information about the Funds allocated under the Ferry and bus rapid transit operating on an Capital Investment Grant program program have the same period of exclusive transit lane for the majority of contact Elizabeth Day, Office of Capital availability as Section 5307. the corridor length during peak periods Project Development, at (202) 366–5159 Accordingly, funds allocated in FY 2020 that also includes features that emulate or [email protected]. For must be obligated by September 30, the services provided by rail fixed information about published allocations 2025. Any of the funds allocated in FY guideway, including defined stations, contact Eric Hu, Office of Transit 2020 that remain unobligated at the traffic signal priority for public transit Programs, at (202) 366–0870 or eric.hu@ close of business on September 30, 2025 vehicles, and short headway bi- dot.gov. will revert to FTA for reallocation under directional service for a substantial part 1. Authorized Amounts the Ferry program. Competitive Ferry of weekdays and weekends; (2) corridor- program funds are available for based bus rapid transit service that does Federal public transportation law obligation during the FY in which funds not operate on an exclusive transit lane authorizes $2,301,785,760 in FY 2020, are allocated/awarded to projects plus but includes features that emulate the to provide financial assistance for five additional years. services provided by rail fixed Capital Investment Grants under Section guideway, including defined stations, 5309 and Section 3005(b) of the FAST traffic signal priority for public transit Act.

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2. FY 2020 Funding Availability CIG Pilot Program. The Further projects; $100,000,000 for FAST Act Consolidated Appropriations Act, 2020 Section 3005(b) Expedited Project Under the Further Consolidated requires that $1,681,300,000 of the Delivery for CIG Pilot Program projects Appropriations Act, 2020, amount available must be allocated by and $19,780,000 for Oversight. The total $1,978,000,000 is available for Capital December 31, 2021. The funds are amount available for projects is Investment Grants for the Fixed available to be allocated in the following $1,958,220,000 as shown in the table Guideway Capital Investment Grants amounts: $1,458,000,000 for New Starts below, after the deduction for oversight Program and the FAST Act Section projects; $300,000,000 for Core Capacity (authorized by Section 5338). 3005(b) Expedited Project Delivery for projects; $100,000,000 for Small Starts

CAPITAL INVESTMENT GRANTS PROGRAM

Total FY 2020 Appropriation Available ...... a $1,978,000,000 Oversight Deduction ...... (19,780,000)

Total Apportioned ...... 1,958,220,000 a Includes $220,000 in unallocated funds.

3. Period of Availability Disabilities Program provides formula please contact Amy Fong at (202) 366– Capital Investment Grant program funding to states and urbanized areas for 0876 or [email protected]. meeting the transportation needs of funds apportioned in this notice are 1. Authorized Amounts available for obligation during FY 2020 older adults and people with disabilities plus three additional fiscal years. when the public transportation service Federal public transportation law Accordingly, funds apportioned in FY provided is unavailable, insufficient, or authorizes $285,574,688 in FY 2020 to 2020 must be obligated in grants by inappropriate to meet these needs. The provide formula funding to designated September 30, 2023. program aims to improve mobility for recipients and states for meeting the Section 143 of the Further seniors and individuals with disabilities transportation needs of older adults and Consolidated Appropriations Act, 2020, by removing barriers to transportation people with disabilities. The law also Public Law 116–94, eliminated the service and expanding transportation authorizes $3.50 million for the requirement for a portion of FY 2018 mobility options. The Pilot Program for competitive Innovative Coordinated CIG funds to be obligated by December Innovative Coordinated Access and Access and Mobility Pilot Program. 31, 2019 and a portion of FY 2019 funds Mobility Program (Pilot Program) was to be obligated by December 31, 2020. established by Section 3006(b) of the 2. FY 2020 Funding Availability All FY 2018 CIG funds must now be FAST Act. The purpose of the program obligated by September 30, 2021 and is to assist in financing innovative Under the Further Consolidated must be disbursed by the recipient by projects for the transportation Appropriations Act, 2020, $285,574,688 September 30, 2026. All FY 2019 CIG disadvantaged that improve the is available for the Section 5310 formula funds must now be obligated by coordination of transportation services program. The total amount apportioned September 30, 2022 and must be and non-emergency medical is $288,155,908 after the oversight disbursed by the recipient by September transportation (NEMT) services, deduction and the addition of 30, 2027. including, for example, the deployment reapportioned funds as shown in the E. Formula Grants for the Enhanced of coordination technology, and projects table below. A total of $3,500,000 is Mobility of Seniors and Individuals that create or increase access to available for the competitive Pilot With Disabilities Program (49 U.S.C. community One-Call/One-Click Centers. Program. 5310) For more information about the The Section 5310 Enhanced Mobility Enhanced Mobility of Seniors and of Seniors and Individuals with Individuals with Disabilities program,

FORMULA GRANTS FOR THE ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAM

Total FY 2020 Appropriation Available ...... $285,574,688 Oversight Deduction ...... (1,427,873) Reapportioned Funds ...... 4,009,093

Total Apportioned ...... 288,155,908

3. Period of Availability apportioned funds that remain States and Indian tribes for supporting unobligated at the close of business on public transportation in areas with a The Enhanced Mobility of Seniors September 30, 2022, will revert to FTA population of less than 50,000. Funding and Individuals with Disabilities for reapportionment among the States may be used for capital, operating, program funds apportioned in this and urbanized areas. planning, job access and reverse notice are available for obligation during commute projects, and State FY 2020 plus two additional fiscal F. Formula Grants for Rural Areas Program (49 U.S.C. 5311) administration expenses. Eligible years. Accordingly, funds apportioned subrecipients include State and local in FY 2020 must be obligated in grants The Formula Grants for Rural Areas governmental authorities, Indian Tribes, by September 30, 2022. Any FY 2020 Program provides formula funding to private non-profit organizations, and

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private intercity bus companies. Indian 1. Authorized Amounts 2. FY 2020 Funding Availability Tribes are also eligible direct recipients Federal public transportation law under the Formula Grants for Rural Under the Further Consolidated authorizes $673,299,658 for FY 2020 to Appropriations Act, 2020, $644,033,664 Areas Program, both for funds provide financial assistance for rural is available for the Rural Area Formula apportioned to the States and for areas under the Formula Grants for Program. The total amount apportioned projects apportioned or competitively Rural Areas Program. This amount selected to be funded with funds set includes $35 million for the Tribal to the program is $727,197,332 as aside from the Tribal Transit Program. Transit Program; $20 million for the shown in the table below, after the For more information about the Appalachian Program; $13,465,993 for addition of reapportioned funds, the Formula Grants for Rural Areas the Rural Transit Assistance Program; addition of Section 5340(c) Growing program, please contact E´ lan Flippin at and $604,833,664 for the Rural Formula States funds, and the oversight (202) 366–3800 or [email protected]. Program. deduction authorized by Section 5338.

GRANTS FOR RURAL AREAS FORMULA PROGRAM

Total FY 2020 Appropriation Available ...... $644,033,664 Oversight Deduction ...... (3,566,498) 5340 Growing States ...... 85,648,257 Reapportioned Funds ...... 1,081,909

Total Apportioned ...... 727,197,333

3. Period of Availability G. Rural Transportation Assistance Formula Grants for Rural Areas Program (49 U.S.C. 5311(b)(3)) Program, to be made available for the The Formula Grants for Rural Areas Rural Transportation Assistance Program funds apportioned in this This program provides funding to assist in the design and implementation Program (RTAP). Of the two percent notice are available for obligation during of training and technical assistance takedown, 15 percent is reserved for the FY 2020 plus two additional fiscal projects, research, and other support National Rural Transit Assistance years. Accordingly, funds apportioned services tailored to meet the needs of Program (NRTAP). The remainder is in FY 2020 must be obligated in grants transit operators in rural areas. available for allocation to the States. by September 30, 2022. Any FY 2020 For more information about Rural apportioned funds that remain Transportation Assistance Program 2. FY 2020 Funding Availability unobligated at the close of business on ´ (RTAP), please contact Elan Flippin at Under the Further Consolidated September 30, 2022, will revert to FTA (202) 366–3800 or [email protected]. Appropriations Act, 2020, $14,265,993 for reapportionment under the Formula 1. Authorized Amounts is available for the RTAP. The total Grants for Rural Areas Program. Federal public transportation law amount apportioned for RTAP is authorized $13,465,993, or two percent $12,126,094 as shown in the table of the funds made available for the below, after the deduction for NRTAP.

RURAL TRANSPORTATION ASSISTANCE PROGRAM (RTAP)

Total FY 2020 Appropriation Available ...... $14,265,993 National RTAP ...... (2,139,899)

Total Apportioned ...... 12,126,094

3. Period of Availability Program to provide additional funding 1. Authorized Amounts to support public transportation in the The RTAP funds apportioned in this Federal public transportation law notice are available for obligation during Appalachian region. There are thirteen eligible States that receive an allocation authorizes $20 million in FY 2020 as a FY 2020 plus two additional fiscal take-down under the Formula Grants for years. Accordingly, funds apportioned under this provision. The State allocations are shown in the Formula Rural Areas program to support public in FY 2020 must be obligated in grants transportation in the Appalachian by September 30, 2022. Grants for Rural Areas Program table posted on FTA’s website on the FY 2020 region. H. Appalachian Development Public Apportionments page. 2. FY 2020 Funding Availability Transportation Assistance Program (49 For more information about the U.S.C. 5311(c)(2)) Appalachian Development Public Under the Further Consolidated This program is a take-down under Transportation Assistance Program, Appropriations Act, 2020, $20 million is ´ the Formula Grants for Rural Areas please contact Elan Flippin at (202) available. 366–3800 or [email protected].

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APPALACHIAN DEVELOPMENT PUBLIC TRANSPORTATION ASSISTANCE PROGRAM

Total FY 2020 Appropriation Available ...... $20,000,000

Total Apportioned ...... 20,000,000

3. Period of Availability available for the Formula Grants for Office of Transit Programs at (202) 366– Rural Areas program. Formula factors 0876 or [email protected]. The Appalachian program funds include vehicle revenue miles and the 1. Authorized Amounts apportioned in this notice are available number of low-income individuals for obligation during FY 2020 plus two residing on tribal lands (defined as Federal public transportation law additional fiscal years, consistent with American Indian Areas and Alaska authorizes $35 million in FY 2020 to that established for the Formula Grants Native Areas). Eligible direct recipients provide assistance to tribes through the for Rural Areas Program. are Federally recognized Indian tribes Public Transportation on Indian I. Public Transportation on Indian and Alaskan Native Villages providing Reservations formula and competitive Reservations Program (49 U.S.C. public transportation in rural areas. The programs. 5311(c)(1)) TTP funds are allocated for grants to 2. FY 2020 Funding Availability eligible recipients for any purpose The Public Transportation on Indian Under the Further Consolidated Reservations Program, or Tribal Transit eligible under Formula Grants for Rural Appropriations Act, 2020, $30 million is Program (TTP), totals $35 million, of Areas program, which includes capital, available for the formula program and which $30 million is for a formula operating, planning, and job access and $5 million for the competitive program. program and $5 million is for a reverse commute projects. The total apportioned for the formula competitive grant program. It is funded For more information about the Tribal program is $32,604,193 after the as a takedown from funds made Transit Program, contact Amy Fong, addition of reapportioned funds.

PUBLIC TRANSPORTATION ON INDIAN RESERVATIONS PROGRAM FORMULA GRANTS

Total FY 2020 Appropriation Available ...... $30,000,000 Reapportioned Funds ...... 2,604,193

Total Apportioned ...... 32,604,193

PUBLIC TRANSPORTATION ON INDIAN RESERVATIONS PROGRAM COMPETITIVE GRANTS

Total FY 2020 Appropriation Available ...... $5,000,000

Total Apportioned ...... 5,000,000

3. Period of Availability vehicle design; asset maintenance; colleges. Each program area has specific The TTP formula program funds construction and project management; requirements relating to the type of apportioned in this notice are available environment and energy efficiency; and organization that may receive a grant or for obligation during FY 2020 plus two safety improvements. FTA may make enter an agreement. additional fiscal years. Accordingly, grants, enter into contracts, cooperative The types of research eligible for agreements, and other agreements to funds apportioned in FY 2020 must be funding are broad and include: carry out the research, development, obligated in grants by September 30, Opportunities to enhance public 2022. Any FY 2020 apportioned funds demonstration, and deployment projects, including research and transportation operational effectiveness that remain unobligated at the close of and efficiency; improve services; business on September 30, 2022, will technology of national significance to public transportation. leverage new types of vehicle revert to FTA for reapportionment technologies; utilize transformative Within this section are three distinct under the TTP formula program. technologies to improve public programs: (a) A Research, Development, Competitive TTP funds are available for transportation; field new mobility Demonstration, Deployment, and obligation during the FY in which funds models; and support increased safety. are awarded to projects plus two Evaluation program (49 U.S.C. 5312(b– additional years. e)); (b) a Low or No Emission Vehicle For more information about the Public Component Assessment Program (LoNo- Transportation Innovation program J. Public Transportation Innovation (49 CAP) (49 U.S.C. 5312(h)); and (c) a (Sections 5312(b–e) and 5312(i)), U.S.C. 5312) Transit Cooperative Research Program contact Edwin Rodriguez, Office of Public Transportation Innovation is (49 U.S.C. 5312(i)). Eligible recipients Research, Demonstration and FTA’s research program with the can be departments, agencies, and Innovation at (202) 366–0671 or overarching statutory goal to improve governmental agencies, including [email protected]. public transportation. The law specifies Federal Laboratories; state and local For more information about the LoNo- research focus areas, including entities; providers of public CAP program (Section 5312(h)), please providing more effective and efficient transportation; private or non-profit contact Sam Yimer at (202) 366–1321 or public transportation service; mobility organizations; institutions of higher management; system capacity; advanced education; and technical community [email protected].

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1. Authorized Amounts 2. FY 2020 Funding Availability total amounts apportioned to each Federal public transportation law Under the Further Consolidated subcomponent of the program is shown authorizes $28 million in FY 2020 Appropriations Act, 2020, $36,500,000 below in the table. funding for the Public Transportation is available for the Public Innovation program. Transportation Innovation program. The

PUBLIC TRANSPORTATION INNOVATION PROGRAM

Research, Development, Demonstration, Deployment, & Evaluation ...... $25,500,000 Low or No Emission Vehicle Component Testing ...... 3,000,000 Transit Cooperative Research Program (TCRP) ...... 5,000,000 Low or No Emission Bus Testing ...... 3,000,000

Total Apportioned ...... 36,500,000

3. Period of Availability authority for the Technical Assistance 2. FY 2020 Funding Availability Funding is available until expended. and Workforce Development Program, of which $5 million is authorized for In FY 2020 under the Further Consolidated Appropriations Act, 2020, K. Technical Assistance and Workforce NTI. An additional $5 million is $14 million is available for the Development (49 U.S.C. 5314) authorized to be appropriated from the Technical Assistance and Workforce general fund. 1. Authorized Amounts Development program, as shown in the Federal public transportation law table below. Of the available amounts $5 authorizes $9 million in contract million is available for the NTI.

TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT

Total FY 2020 Appropriation Available ...... $14,000,000

Total Apportioned ...... 14,000,000

3. Period of Availability M. State Safety Oversight Formula 1. Authorized Amounts Program (49 U.S.C. 5329) FTA establishes the period in which Federal public transportation law the funds must be obligated to each The State Safety Oversight Formula authorizes $24,647,263 in FY 2020 to Program provides funding to support project. If the funds are not obligated provide funding to support States in States with rail fixed guideway public within that time, they revert to FTA for developing and carrying out the SSO transportation systems (rail transit reallocation under the program. Program. systems) to develop and carry out State L. Public Transportation Emergency Safety Oversight (SSO) Programs 2. FY 2020 Funding Availability Relief Program (49 U.S.C. 5324) consistent with the requirements of 49 U.S.C. 5329. Under the Further Consolidated For more information about the For more information about the State Appropriations Act, 2020, $24,647,263 Emergency Relief Program, please Safety Oversight Program, please is available for the State Safety contact Thomas Wilson at (202) 366– contact Kimberly Burtch at (202) 366– Oversight (SSO) Formula program as 5279 or [email protected]. 0816 or [email protected]. shown in the table below.

STATE SAFETY OVERSIGHT FORMULA PROGRAM

Total FY 2020 Appropriation Available ...... $24,647,263

Total Apportioned ...... 24,647,263

3. Period of Availability designated recipients in Urbanized Eric Hu at (202) 366–0870 or eric.hu@ Areas (UZAs) with fixed guideway and dot.gov. SSO Formula Grant Program funds are high-intensity motorbus systems for 1. Authorized Amounts available for the year of apportionment capital investments that maintain, plus, two additional years. Any FY 2020 rehabilitate, and replace aging transit Federal public transportation law funds that remain unobligated at the assets and bring fixed guideway and authorizes $2,683,798,369 in FY 2020 close of business on September 30, 2022 high intensity motorbus systems into a for the State of Good Repair Program. will revert to FTA for reapportionment under the SSO Formula Grant Program. state of good repair. FTA apportions 2. FY 2020 Funding Availability funds for this program through a Under the Further Consolidated N. State of Good Repair Program (49 statutory formula using data reported to Appropriations Act, 2020, U.S.C. 5337) the National Transit Database (NTD). $2,683,798,369 is available for the State The State of Good Repair Program For more information about the State of Good Repair Program. The total provides financial assistance to of Good Repair program, please contact amount apportioned is $2,656,960,385

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after the deduction for oversight as apportioned to the High Intensity Fixed apportioned to the High Intensity shown in the table below. Of the total Guideway Formula and $75,723,371 is Motorbus Formula. amount apportioned, $2,581,237,014 is

STATE OF GOOD REPAIR PROGRAM

Total FY 2020 Appropriation Available ...... $2,683,798,369 Oversight Deduction ...... (26,837,984)

Total Apportioned ...... 2,656,960,385

High Intensity Fixed Guideway Formula ...... 2,581,237,014 High Intensity Motorbus Formula ...... 75,723,371

Total Apportioned ...... 2,656,960,385

3. Period of Availability bus-related facilities, including provide financial assistance for Grants technological changes or innovations to for Buses and Bus Facilities. Of this The State of Good Repair Program modify low or no emission vehicles or funds apportioned in this notice are amount, $464,609,736 is authorized for facilities. Funding is provided through the Grants for Buses and Bus Facilities available for obligation during FY 2020 Section 5339(a) formula allocations, plus three additional years. Formula program and $344,044,179 for Section 5339(b) competitive grants, and the Grants for Buses and Bus Facilities Accordingly, funds apportioned in FY Section 5339(c) low or no emission 2020 must be obligated in grants by Competitive program, of which grants. $55,000,000 is available for the Low or September 30, 2023. Any FY 2020 For more information about the No Emissions program. apportioned funds that remain Grants for Buses and Bus Facilities unobligated at the close of business on Formula Program, please contact John 2. Funding Availability September 30, 2023 will revert to FTA Bodnar at (202) 366–9091 or for reappointment under the State of [email protected]. For more Under the Further Consolidated Good Repair Program. information about the competitive Low Appropriations Act, 2020, O. Grants for Buses and Bus Facilities or No Emissions Grant Program, please $1,221,653,915 is available for Grants Program (49 U.S.C. 5339) contact Victor Waldron at (202) 366– for Buses and Bus Facilities. Of this 5183 or [email protected]. For amount $627,865,163 is available for the The Grants for Buses and Bus more information about the Grants for Grants for Buses and Bus Facilities Facilities Program provides financial Buses and Bus Facilities Competitive Formula Program, $454,626,348 is assistance to states, local governmental Program please contact Mark G. available for the Grants for Buses and entities that operate fixed route bus Bathrick at (202) 366–9955 or Bus Facilities Competitive Program, and service, and designated recipients for [email protected]. $130,000,000 is available for the Low or capital investments in public No Emission Grants Program after the transportation systems to replace, 1. Authorized Amounts takedown for oversight. rehabilitate, lease, and purchase buses Federal public transportation law and related equipment and to construct authorizes $808,653,915 in FY 2020 to

FORMULA GRANTS FOR BUSES AND BUS FACILITIES

Total FY 2020 Appropriation Available ...... $632,609,736 Oversight Deduction ...... (4,744,573)

Total Apportioned ...... 627,865,163

COMPETITIVE GRANTS FOR BUSES AND BUS FACILITIES

Total FY 2020 Appropriation Available ...... 589,044,179 Oversight Deduction ...... (4,417,831) Less Section 5339(c) Low or No Emission Grants (Competitive) ...... (130,000,000)

Total Apportioned ...... 454,626,348

SECTION 5339(C) LOW OR NO EMISSION GRANTS (COMPETITIVE)

Total FY 2020 Appropriation Available ...... 130,000,000

Total Apportioned ...... 130,000,000

3. Period of Availability Accordingly, funds apportioned in FY September 30, 2023 will revert to FTA 2020 must be obligated in grants by for reapportionment under the Buses The Buses and Bus Facilities Program September 30, 2023. Any FY 2020 and Bus Facilities Formula Program. formula funds apportioned in this apportioned funds that remain Competitive 5339(b) and 5339(c) funds notice are available for obligation during unobligated at the close of business on are available for obligation during the FY 2020 plus three additional years.

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FY in which funds are allocated/ growing states and high-density states. 1. Authorized Amounts awarded to projects plus three FTA will continue to publish single Federal public transportation law additional years. urbanized and rural apportionments authorizes $570,032,917 for that show the total amount for Section P. Growing States and High-Density apportionment in FY 2020 for the States Formula Factors (49 U.S.C. 5340) 5307 and 5311 programs that includes Growing States and High-Density States Section 5340 apportionments for these Formula factors. Federal public transportation law programs. 2. FY 2020 Funding Availability authorizes the use of formula factors to For more information about this distribute additional funds to the program, please contact John Bodnar at Under the Further Consolidated Section 5307 Urbanized Area Formula (202) 366–9091 or [email protected]. Appropriations Act, 2020, $610,032,917 program and Section 5311 Formula is available for the Growing States and Grants for Rural Areas program for High-Density States formula.

GROWING STATES AND HIGH-DENSITY STATES FORMULA FACTORS

Growing States ...... $300,668,843 High-Density States ...... 309,364,074

Total Apportioned ...... 610,032,917

3. Basis for Formula Apportionment 5307 apportionment. The States’ rural 2008 (PRIIA) authorized an aggregate Under the Growing States portion of area allocation is added to the allocation amount of $1.5 billion to be available in the Section 5340 formula, FTA projects that each State receives under the increments over 10 fiscal years each State’s 2025 population by Formula Grants for Rural Areas beginning in fiscal year 2009 to assist comparing each State’s apportionment program. the Washington Metropolitan Transit year population (as determined by the The High-Density States portion of the Authority (WMATA) in implementing Census Bureau) to the State’s 2010 Section 5340 formula are allocated to its Capital Improvement Program and Census population and extrapolating to urbanized areas in States with a preventive maintenance projects. The 2025 based on each State’s rate of population density equal to or greater funds authorized under PRIIA were population growth between 2010 and than 370 persons per square mile. Based fully appropriated after FY 2019. The the apportionment year. Each State on this threshold and 2010 Census data, Further Consolidated Appropriations receives a share of Growing States funds the States that qualify are Maryland, Act, 2020 provides funding for based on its projected 2025 population Delaware, Massachusetts, Connecticut, Washington Metropolitan Area Transit relative to the nationwide projected Rhode Island, New York, and New Authority Grants for an additional year 2025 population. Jersey. The amount of funds provided to in the amount of $150,000,000. Once each State’s share is calculated, each of these seven States is allocated For more information about the funds attributable to that State are based on the population density of the Washington Metropolitan Area Transit divided into an urbanized area individual State relative to the Authority Grants program, please allocation and a non-urbanized area population density of all seven States. contact Eric Hu, Office of Transit allocation based on the percentage of Once funds are allocated to each State, Programs, at (202) 366–0870 or eric.hu@ each State’s 2010 Census population funds are then allocated to urbanized dot.gov or Daniel Koening, Region III that resides in urbanized and non- areas within the States based on an Office, at (202) 366–8224 or urbanized areas. Urbanized Areas individual urbanized area’s population [email protected]. receive portions of their State’s relative to the population of all 1. FY 2020 Funding Availability urbanized area allocation based on the urbanized areas in that State. 2010 Census population in that Under the Further Consolidated Q. Washington Metropolitan Area urbanized area relative to the total 2010 Appropriations Act, 2020, $150,000,000 Transit Authority Grants Census population in all urbanized is available. The total amount available areas in the State. These amounts are Section 601 of the Passenger Rail is $148,500,000 after the deduction for added to the Urbanized Area’s Section Investment and Improvement Act of oversight as shown in the table below.

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY GRANTS

Total FY 2020 Appropriation Available ...... $150,000,000 Oversight Deduction ...... (1,500,000)

Total Apportioned ...... 148,500,000

2. Period of Availability V. FY 2020 Grants recommends that first-time grant recipients NOT utilize this automatic Funds appropriated for WMATA A. Automatic Pre-Award Authority To Incur Project Costs pre-award authority without verifying under the Further Consolidated with the appropriate FTA Regional Appropriations Act, 2020 shall remain 1. Caution to New Grantees Office that all pre-requisite available until expended. While FTA provides pre-award requirements have been met. authority to incur expenses before grant Commonly, a new grantee may award for formula programs, it misunderstand pre-award authority

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conditions and be unaware of all the expended in accordance with all undertaking of certain activities that applicable FTA requirements that must Federal requirements, would have been would compromise FTA’s ability to be met in order to be reimbursed for allowable if incurred after the date of comply with Federal environmental project expenditures incurred in award, and the grantee is otherwise laws (e.g., project implementation advance of grant award. FTA programs eligible to receive the funding. In activities such as land acquisition, have specific statutory requirements addition to cross-cutting Federal grant demolition, or construction before the that are often different from those for requirements, program specific date of pre-award authority) may render other Federal grant programs with requirements must be met. Designated the project ineligible for FTA funding. which new grantees may be familiar. If recipients for Section 5310 have pre- e. The Federal amount of any future funds are expended for an ineligible award authority for the ten percent of FTA assistance awarded to the grantee project or activity, or for an eligible the apportionment they may use for for the project will be determined based activity but at an inappropriate time program administration. on the overall scope of activities and the (e.g., prior to NEPA completion), FTA prevailing statutory provisions with b. Transit Capital Projects Other Than will be unable to reimburse the project respect to the Federal/local match ratio Capital Investment Grants sponsor and, in certain cases, the entire at the time the funds are obligated. project may be rendered ineligible for For transit capital projects, the date f. For funds to which the pre-award FTA assistance. that costs may be incurred varies authority applies, the authority expires depending on the type of activity and its 2. Policy with the lapsing of the fiscal year funds. potential to have a significant impact on g. When a grant for the project is FTA provides pre-award authority to the human and natural environment as subsequently awarded, the grant must incur expenses before grant award for described under conditions in section 3 indicate the use of pre-award authority certain program areas described below. below. and an initial Federal Financial Report This pre-award authority allows must be submitted in TrAMS. grantees to incur certain project costs c. Public Transportation Innovation, h. Environmental Requirements. before grant approval and retain the Technical Assistance and Workforce All Federal environmental eligibility of those costs for subsequent Development requirements must be met at the reimbursement after grant approval. The Unless provided for in an appropriate time for a project to remain grantee assumes all risk and is announcement of project selections, pre- eligible for Federal funding. Designated responsible for ensuring that all award authority does not apply to recipients may incur costs for design conditions are met to retain eligibility. Section 5312 Public Transportation and environmental review activities for This pre-award spending authority Innovation projects or Section 5314 all formula funded projects from the permits an eligible grantee to incur costs Technical Assistance and Workforce date of the authorization of the formula on an eligible transit capital, operating, Development projects. Before an funds or for discretionary funded planning, or administrative project applicant may incur costs for activities projects other than those funded by the without prejudice to possible future under these programs, it must first Capital Investment Grants (CIG) Federal participation in the cost of the obtain a written LONP from FTA. program from the date of the project. Information about LONP procedures announcement of the competitive In this notice, FTA provides pre- may be obtained from the appropriate allocation of funds for the project. award authority through the headquarters office. authorization period of the FAST Act, For projects that qualify for a plus an additional year (October 1, 2015 3. Conditions categorical exclusion (CE) pursuant to through September 30, 2021) for capital The conditions under which pre- 23 CFR 771.118(c), designated assistance under all formula programs, award authority may be utilized are recipients may start activities and incur so long as the conditions described specified below: costs under pre-award authority for below are met. a. Pre-award authority is not a legal or property acquisition, demolition, FTA provides pre-award authority for implied commitment that the subject construction, and acquisition of planning and operating assistance under project will be approved for FTA vehicles, equipment, or construction the formula programs without regard to assistance or that FTA will obligate materials from the date of the the period of the authorization. All pre- Federal funds. Furthermore, it is not a authorization of formula funds or the award authority is subject to conditions legal or implied commitment that all date of the announcement of and triggers stated below: The actual items undertaken by the applicant will competitive allocations for the project. items of cost associated with the use of be eligible for inclusion in the project. FTA recommends that a grant pre-award authority are documented in b. All FTA statutory, procedural, and applicant considering a CE pursuant to the initial FFR that is required to be contractual requirements must be met. 23 CFR 771.118(c) contact FTA’s completed prior to the recipient c. No action will be taken by the Regional Office for assistance in executing the award. grantee that prejudices the legal and determining the appropriate For projects funded out of competitive administrative findings that FTA must environmental review process and level programs, pre-award authority may be make in order to approve a project. of documentation necessary before granted at the time of project selection. d. Local funds expended by the incurring the above-mentioned costs, grantee after the date of the pre-award especially when the grant applicant a. Operating, Planning, or authority will be eligible for credit believes a c-list CE with construction Administrative Assistance toward local match or reimbursement if activities, such as 23 CFR 771.118(c)(8), FTA does not impose additional FTA later makes a grant or grant (9), (10), (12), or (13), applies to its conditions on pre-award authority for amendment for the project. Local funds project. If FTA subsequently finds that operating, planning, or administrative expended by the grantee before the date a project does not qualify for a CE under assistance under the formula grant of the pre-award authority will not be 23 CFR 771.118(c) and the sponsor has programs. Grantees may be reimbursed eligible for credit toward local match or already undertaken activities under pre- for expenses incurred before grant reimbursement. Furthermore, the award authority, the project will be award so long as funds have been expenditure of local funds or the ineligible for FTA assistance.

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For all other non-CIG projects that do regarding the eligibility of the project for ties, and other specialized equipment, not qualify for a CE under 23 CFR future FTA funds and for questions on and commodities. 771.118(c), grant applicants may take environmental requirements, or any Please contact the FTA Regional action and incur costs for property other Federal requirements that must be Office for a determination of activities acquisition, demolition, construction, met. not listed here, but which meet the and acquisition of vehicles, equipment, intent described above. FTA provides 4. Pre-Award Authority for the Fixed or construction materials from the date this pre-award authority in recognition Guideway Capital Investment Grants that FTA completes the environmental of the long-lead time and complexity Program review process required by NEPA and involved with purchasing vehicles as its implementing regulations, 23 U.S.C. Projects proposed for Section 5309 well as their relationship to the ‘‘critical 139, and other environmental laws, by CIG program funds are required to path’’ project schedule. FTA cautions its issuance of a 23 CFR 771.118(d) CE follow a multi-step, multi-year process grantees that do not currently operate determination, a finding of no defined in law. For New Starts and Core the type of vehicle proposed in the significant impact (FONSI), a combined Capacity projects, this process includes project about exercising this pre-award final environmental impact statement three phases: Project development (PD), authority. FTA encourages these (FEIS)/record of decision (ROD), or a engineering, and construction. For sponsors to wait until later in the ROD. Small Starts projects, this process process when project plans are more i. Planning and other requirements. includes two phases: PD and fully developed. FTA reminds project Formula funds must be authorized or construction. After receiving a letter sponsors that the procurement of appropriated and competitive project from the project sponsor requesting vehicles must comply with all Federal allocations published or announced entry into the PD phase, FTA must requirements, including, but not limited before pre-award authority can be respond in writing within 45 days to, competitive procurement practices, considered. The requirements that a whether the information was sufficient the Americans with Disabilities Act, capital project be included in a locally for entry. If FTA’s correspondence Disadvantaged Business Enterprise adopted Metropolitan Transportation indicates the information was sufficient program requirements and Buy Plan, the metropolitan transportation and the New Starts, Small Starts or Core America. FTA encourages project improvement program, and the federally Capacity project enters PD, FTA extends sponsors to discuss the procurement of approved statewide transportation pre-award authority at that time to the vehicles with FTA in regard to Federal improvement program (23 CFR part 450) project sponsor to incur costs for PD requirements before exercising pre- must be satisfied before the grantee may activities. PD activities include the work award authority. Because there is not a advance the project beyond planning necessary to complete the formal engineering phase for Small and preliminary design with non-federal environmental review process and as Starts projects, FTA does not extend funds under pre-award authority. If the much engineering and design activities pre-award authority for demolition and project is located within an EPA- as the project sponsor believes are procurement of long lead items. Instead, designated non-attainment or necessary to support the environmental this work must await receipt of a maintenance area for air quality, the review process. Upon completion of the construction grant award or an conformity requirements of the Clean environmental review process with a expedited grant agreement. Air Act, 40 CFR part 93, must also be combined FEIS/ROD, ROD, FONSI, or met before the project may be advanced CE determination by FTA for a New a. Real Property Acquisition into implementation-related activities Starts, Small Starts, or Core Capacity As stated above, FTA extends pre- under pre-award authority triggered by Improvement project, FTA extends pre- award authority for the acquisition of the completion of the NEPA process. award authority to the project sponsor real property and real property rights for For a planning project to have pre- to incur costs for as much engineering CIG projects (New or Small Starts or award authority, the planning project and design as needed to develop a Core Capacity) upon completion of the must be included in a MPO-approved reasonable cost estimate and financial environmental review process for that UPWP that has been coordinated with plan for the project, utility relocation, project. The environmental review the State. and real property acquisition and process is completed when FTA signs a j. Federal procurement procedures, as associated relocations for any property combined FEIS/ROD, ROD, FONSI, or well as the whole range of applicable acquisitions not already accomplished makes a CE determination. With the Federal requirements (e.g., Buy as a separate project for hardship or limitations and caveats described below, America, Davis-Bacon Act, and protective purposes or right-of-way real estate acquisition may commence, Disadvantaged Business Enterprise) under 49 U.S.C. 5323(q). at the project sponsor’s risk. To must be followed for projects in which For Small Starts projects, upon maintain eligibility for a possible future Federal funding will be sought in the completion of the environmental review FTA grant award, any acquisition of real future. Failure to follow any such process and confirmation from FTA that property or real property rights must be requirements could make the project the overall project rating is at least a conducted in accordance with the ineligible for Federal funding. In short, Medium, FTA extends pre-award requirements of the Uniform Relocation the administrative flexibility allowed by authority for vehicle purchases. Upon Assistance and Real Property pre-award authority requires a grantee receipt of a letter notifying a New Starts Acquisition Policies Act (URA) and its to make certain that no Federal or Core Capacity project sponsor of the implementing regulations, 49 CFR part requirements are circumvented. project’s approval into the engineering 24. This pre-award authority is strictly k. All program specific requirements phase, FTA extends pre-award authority limited to costs incurred: (i) To acquire must be met. For example, projects for vehicle purchases as well as any real property and real property rights in under Section 5310 must comply with remaining engineering and design, accordance with the URA regulation; specific program requirements, demolition, and procurement of long and (ii) to provide relocation assistance including coordinated planning. Before lead items for which market conditions in accordance with the URA regulation. incurring costs, grantees are strongly play a significant role in the acquisition This pre-award authority is limited to encouraged to consult with the price. The long lead items include, but the acquisition of real property and real appropriate FTA Regional Office are not limited to, procurement of rails, property rights that are explicitly

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identified in the draft environmental whose advancement into construction is once a construction grant agreement is impact statement (DEIS), FEIS, not yet assured. signed. As with any pre-award environmental assessment (EA), or CE authority, FTA reimbursement for costs c. National Environmental Policy Act documentation, as needed for the incurred is not guaranteed and (NEPA) Activities selected alternative that is the subject of recipients may not start activities and the FTA-signed combined FEIS/ROD, NEPA requires that certain projects incur costs under pre-award authority ROD, FONSI, or CE determination. This proposed for FTA funding assistance be for property acquisition, demolition, pre-award authority regarding property subjected to a public and interagency construction, and acquisition of acquisition that is granted at the review of the need for the project, its vehicles, equipment, or construction completion of the environmental review environmental and community impacts, materials until the environmental process does not cover site preparation, and alternatives to avoid and reduce review process is complete. demolition, or any other activity that is adverse impacts. Projects of more d. Other Activities Requiring Letter of not strictly necessary to comply with limited scope also need a level of No Prejudice (LONP) the URA, with one exception—namely environmental review to determine when a building that has been acquired, whether there are significant Except as discussed in paragraphs i vacated, and awaits demolition poses a environmental impacts or confirmation through iii above, a CIG project sponsor potential fire safety hazard or other that a CE applies. FTA’s regulation must obtain a written LONP from FTA hazard to the community in which it is titled ‘‘Environmental Impact and before incurring costs for any activity located, or is susceptible to Related Procedures,’’ at 23 CFR part 771 not covered by pre-award authority. To unauthorized occupants. Demolition of states that the costs incurred by a grant obtain an LONP, an applicant must the building is also covered by this pre- applicant for the preparation of submit a written request accompanied award authority upon FTA’s written environmental documents requested by by adequate information and agreement that the adverse condition FTA are eligible for FTA financial justification to the appropriate FTA exists. Pre-award authority for property assistance (23 CFR 771.105(f)). Regional Office, as described in B. acquisition is also provided when FTA Accordingly, FTA extends pre-award below. makes a CE determination for a authority for costs incurred to comply For more information about the Fixed protective buy or hardship acquisition with NEPA regulations and to conduct Guideway Capital Investment Grants in accordance with 23 CFR NEPA-related activities, effective as of program, including LONP policy, real the earlier of the following two dates: (1) 771.118(d)(3). Pre-award authority for property acquisition, and The date of the Federal approval of the property acquisition is also provided reimbursement of costs incurred under relevant STIP or STIP amendment that when FTA completes the environmental Pre-Award Authority, contact Elizabeth includes the project or any phase of the review process for the acquisition of Day, Office of Capital Project project, or that includes a project right-of-way as a separate project in Development, at (202) 366–5159 or grouping under 23 CFR 450.216(j) that accordance with 49 U.S.C. 5323(q). [email protected]. includes the project; or (2) the date that When a tiered environmental review in For more information about the Fixed FTA approves the project into the accordance with 23 CFR 771.111(g) is Guideway Capital Investment Grants project development phase of the CIG used, pre-award authority is NOT program, including National program. The grant applicant must provided upon completion of the first- Environmental Policy Act (NEPA) notify the FTA Regional Office to activities, contact Megan Blum, Office of tier environmental document except initiate the Federal environmental when the Tier-1 ROD or FONSI signed Environmental Programs, at (202) 366– review process consistent with 23 CFR 0463 or [email protected]. by FTA explicitly provides such pre- 771.111. NEPA-related activities award authority for a particular, include, but are not limited to, public B. Letter of No Prejudice (LONP) Policy identified acquisition. Project sponsors involvement activities, historic 1. Policy should use pre-award authority for real preservation reviews, Section 4(f) property acquisition relocation evaluations, wetlands evaluations, and LONP authority allows an applicant assistance with a clear understanding endangered species consultations. This to incur costs on a project utilizing non- that it does not constitute a funding pre-award authority is strictly limited to Federal resources, with the commitment by FTA. FTA provides pre- costs incurred to conduct the NEPA understanding that the costs incurred award authority upon completion of the process and associated engineering, and subsequent to the issuance of the LONP environmental review process for real to prepare environmental, historic may be reimbursable as eligible property acquisition and relocation preservation and related documents. expenses or eligible for credit toward assistance for displaced persons and When a New Starts, Small Starts, or the local match should FTA approve the businesses in accordance with the Core Capacity project is granted pre- project for a grant award at a later date. requirements of the URA. award authority for the environmental LONPs are applicable to projects and b. Reimbursement of Costs Incurred review process, the reimbursement for project activities not covered by Under Pre-Award Authority NEPA activities conducted under pre- automatic pre-award authority. The award authority may be sought at any majority of LONPs will be for Section Although FTA provides pre-award time through Section 5307 (Urbanized 5309 CIG program projects undertaking authority for property acquisition, long Area Formula Program) or the flexible activities not covered under automatic lead items, demolition, utility highway programs (e.g., Surface pre-award authority. LONPs may be relocation, and vehicle purchases upon Transportation Program or Congestion issued for formula funds beyond the life completion of the environmental review Mitigation and Air Quality of the current authorization or FTA’s process, FTA does not award Federal Improvement Program). Reimbursement extension of automatic pre-award funding for these activities conducted from the Section 5309 CIG program for authority; however, the LONP is limited under pre-award authority until the NEPA activities conducted under pre- to a five-year period, unless otherwise project receives a CIG program award authority is provided only for authorized in the LONP. Receipt of construction grant. This is to ensure that expenses incurred after entry into the Federal funding under any program is Federal funds are not risked on a project project development phase and only not implied or guaranteed by an LONP.

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2. Conditions and Federal Requirements carrying out the regulatory requirements Prior to accepting bids, it is the The conditions and requirements for of the ADA. In addition, recipients must recipient’s responsibility to ensure that pre-award authority specified in section regularly prepare and submit civil rights the TVM has submitted a goal to FTA V.4ii and V.4.iii above apply to all program plans and reports to establish and FTA has either approved it or not LONPs. Because project implementation voluntary compliance and document disapproved it. A recipient may verify a activities may not be initiated before policies and practices in the areas of TVM has submitted a DBE goal to FTA completion of the environmental review Title VI, Disadvantaged Business for its review by checking the FTA process, FTA will not issue an LONP for Enterprise (DBE) and Equal Eligible TVMs List located on FTA’s such activities until the environmental Employment Opportunity (EEO). The website at www.transit.dot.gov/tvm. A review process has been completed with current status of civil rights programs recipient may request from FTA verification of the eligibility of a TVM a combined FEIS/ROD, ROD, FONSI, or can be found on each recipient’s Civil not included on FTA’s website. Please CE determination. Rights Information page of TrAMS. New program plans and program updates email your request to 3. Request for LONP must be submitted there as well. Before [email protected], and Before incurring costs for project submitting an application for funding, FTA will respond via email within five activities not covered by automatic pre- recipients should consult with FTA business days. Failure by a recipient to award authority, the project sponsor Circulars and guidance and submit the verify a TVM’s eligibility to bid on an must first submit a written request for following programs, as applicable: FTA-assisted contract prior to award an LONP, accompanied by adequate a. Title VI of the Civil Rights Act of cannot be cured after award of the information and justification, to the 1964: The Department of contract and will likely result in FTA appropriate regional office and obtain Transportation’s Title VI implementing declining to provide federal funding for written approval from FTA. FTA regulations are found in 49 CFR part 21. the vehicle procurement. Furthermore, recipients are also approval of an LONP is determined on FTA’s Title VI Circular (4702.1B) reminded of the requirement in 49 CFR a case-by-case basis. Federal funding provides guidance for carrying out the 26.49(a)(4), which states, ‘‘FTA under the CIG program is not implied or regulatory requirements. recipients are required to submit within guaranteed by an LONP. Specifically, b. Disadvantaged Business Enterprise 30 days of making an award, the name when requesting an LONP, the applicant (DBE) program and triennial goal: The of the successful bidder, and the total shall provide the following items: Department of Transportation’s DBE dollar value of the contract in the a. Description of the activities to be implementing regulations are found in manner prescribed in the grant covered by the LONP. 49 CFR part 26 and provide guidance for agreement.’’ Recipients are to report to b. Justification for advancing the carrying out the regulatory requirements identified activities. The justification FTA all vehicle purchases, post- and developing the triennial DBE goal. production alterations, and retrofit should include an accurate assessment c. Title VII of the Civil Rights Act of procurements within the 30 days of of the consequences to the project 1964, Equal Employment Opportunity award using the electronic Transit scope, schedule, and budget should the (EEO): The Department of Vehicle Award Reporting form found at LONP not be approved. Transportation’s EEO implementing www.transit.dot.gov/dbe. Vehicles c. Allocated level of risk and regulations are found in 49 CFR part 21. contingency for the activity requested. purchased solely for personal use and/ FTA’s EEO Circular (4704.1A) provides or purchased ‘‘off the lot’’ do not need C. FY 2020 Annual List of Certifications guidance for carrying out the regulatory to be reported. Recipients that receive and Assurances requirements. the funds directly from FTA must report Section 5323(n) requires FTA to 2. Disadvantaged Business Enterprise on behalf of their subrecipients as well. publish annually a list of all Program—Transit Vehicle Only the subrecipients that received the certifications required under Chapter 53 Manufacturers (TVM) federal funds directly from FTA are concurrently with the publication of responsible for reporting the vehicle Recipients exercising pre-award awards to FTA. this annual apportionment notice. The authority are expected to comply with 2020 version of FTA’s Certifications and the DBE regulations. The Department of E. Consolidated Planning Grants Assurances is available on FTA’s Transportation’s DBE program helps FTA and FHWA planning funds website. FTA cannot make an award or small businesses owned by socially and under both the Metropolitan Planning an amendment to an award unless the economically disadvantaged individuals and State Planning and Research recipient has executed the latest version to compete in the marketplace, and is Programs can be consolidated into a of FTA’s Certifications and Assurances. designed to support the people who single consolidated planning grant, FTA encourages Recipients of formula create jobs—our nation’s entrepreneurs. awarded by either FTA or FHWA. The funding to execute the new Pursuant to 49 CFR 26.49, transit Consolidated Planning Grants (CPG) Certifications and Assurances within 90 vehicle manufacturers (TVMs) ‘‘must eliminate the need to monitor days of this notice, to prevent any delay establish and submit for FTA’s approval individual fund sources, if several have to application processing. an annual overall percentage goal’’; only been used, and ensures that the oldest D. Civil Rights Requirements those TVMs ‘‘listed on FTA’s certified funds will always be used first. list of transit vehicle manufacturers, or Under the CPG, States can report 1. Civil Rights Overview that have submitted a goal methodology metropolitan planning program Recipients must carry out provisions to FTA that has been approved or has expenditures, to comply with the of the Americans with Disabilities Act not been disapproved, at the time of Uniform Guidance 2 CFR 200, subpart (ADA) of 1990, Section 504 of the solicitation are eligible to bid.’’ F, for both FTA and FHWA under the Rehabilitation Act of 1973, as amended, Recipients may, with prior FTA Catalogue of Federal Domestic and the Department of Transportation’s approval, establish project-specific goals Assistance number for FTA’s implementing regulations at 49 CFR for DBE participation in the Metropolitan Planning Program parts 27, 37, 38, and 39. FTA’s ADA procurement of transit vehicles in lieu (20.505). Additionally, for States with Circular (4710.1) provides guidance for of using a certified TVM. an FHWA Metropolitan Planning (PL)

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fund-matching ratio greater than 80 f. Documentation is on file to support further suballocation of funds may be percent, the State can waive the 20 recipient’s status as either a designated permitted to eligible recipients who may percent local share requirement, with recipient for the program and area or a then apply directly to FTA for the FTA’s concurrence, to allow FTA funds direct recipient. funding as direct recipients. g. Funding is available, including any used for metropolitan planning in a CPG For the programs in which FTA may to be granted at the higher FHWA rate. flexible funds included in the budget, make grants to eligible direct recipients, For some States, this Federal match rate and split letters or suballocation letters other than the designated recipient(s), can exceed 90 percent. on file, where applicable, to support the States interested in transferring amount requested in the grant recipients are reminded that planning funds between FTA and application. documentation must be on file to FHWA should contact the FTA Regional h. The activity is listed in a currently support: (1) The status of the recipient Office or FHWA Division Office for approved Transportation Improvement either as a designated recipient or direct more detailed procedures. The FHWA Program (TIP); Statewide Transportation recipient; and (2) the allocation of funds Order 4551.1 dated August 12, 2013, on Improvement Program (STIP), or to the direct recipient. ‘‘Funding Transfers to Other Agencies Unified Planning Work Program Documentation to support existing and Among Title 23 Programs’’ provides (UPWP). designated recipients for the UZA must guidance and more detailed i. All eligibility issues are resolved. also be on file at the time of the first information. j. Required environmental findings application in FY 2020. Split letters are made. For more information on Consolidated and/or suballocation letters (Governor’s k. The application contains a well- Planning Grants, contact Ann Apportionment letters), must also be on Souvandara, Office of Budget and defined scope of work, including at least file to support grant applications for Policy, FTA, at (202) 366–0649 or one project with accompanying project direct recipients. Once suballocation [email protected]. narratives, at least one budget scope code and one activity line item, Federal letters for FY 2020 funding are finalized, F. Grant Application Procedures and non-Federal funding amounts, and they should be uploaded as part of the All applications for FTA funds should milestones. application into TrAMS. be submitted to the appropriate FTA l. Major Capital Projects as defined by The Direct Recipient is required to Office. All applications are filed 49 CFR part 633 ‘‘Project Management upload to TrAMS a copy of the electronically. FTA continues to award Oversight’’ must document FTA has suballocation letter (Letter) indicating and manage grants and cooperative reviewed the project management plan their allocation of funding, for the agreements using the Transit Award and provided approval. appropriate fund program, when the Management System (TrAMS). To m. Milestone information is complete. applicant transmits their application for access TrAMS, contact your FTA Office. FTA will also review status of other initial review. The Letter must be signed open award reports to confirm financial Resources on using TrAMS can be by the Designated Recipient, or as found on FTA’s website at https:// and milestone information is current on applicable in accordance with their www.transit.dot.gov/TrAMS. other open awards. FTA regional staff are responsible for FTA must also provide Congressional planning requirements. If there are two working with grantees to review and notification before awarding Designated Recipients, both entities process grant applications. For an competitive grants. must sign the Letter. The Letter must: application to be considered complete Other important issues that impact (1) Indicate the allocations to the and ready for FTA to assign a Federal FTA grant processing activities in respective Direct Recipients listed in the Award Identification Number (FAIN), addition to the list above are discussed letter; (2) incorporate language above enabling submission in TrAMS, and below. the signatories to reflect this agreement; and (3) make clear that the Direct submission to the Department of Labor, a. Award Budgets—Scope Codes and Recipient will assume any/all when applicable, the following Activity Line Items (ALI) Codes; responsibility associated with the award requirements must be met: Financial Purpose Codes a. Recipient has registered in the for the funds. When drafting the Letter, System for Award Management (SAM) FTA uses Scope and ALI Codes in the Designated Recipients may use the and its registration is current with an award budgets to track disbursements, template language below: active status. To register an entity or monitor program trends, report to ‘‘As identified in this Letter, the check the status and renew registration, Congress, and to respond to requests Designated Recipient(s) authorize the visit the SAM website at https:// from the Inspector General and the reassignment/reallocation of [enter fund www.sam.gov/SAM/. Government Accountability Office, as b. Recipient’s contact information, well as to manage grants. The accuracy source; e.g. Section 5307 funds] to the Direct Recipient(s) named herein. The undersigned including Dun and Bradstreet Data of the data is dependent on the careful agree to the amounts allocated/reassigned to Universal Numbering System (DUNS), is and correct use of codes. each direct Recipient. Each Direct Recipient correct. To request a DUNS number, call b. Designated and Direct Recipients is responsible for its application to the Dun & Bradstreet at 1–866–705–5711 or Documentation Federal Transit Administration to receive visit the website at http:// For its formula programs, FTA such funds and assumes the responsibilities fedgov.dnb.com/webform. associated with any award for these funds.’’ c. Recipient has properly submitted primarily apportions funds to the its annual certifications and assurances. designated recipient in the large UZAs The contents of this document do not d. Recipient’s Civil Rights (areas over 200,000), or for areas under have the force and effect of law and are submissions are current. 200,000 (small UZAs and rural areas), it not meant to bind the public in any e. After October 1, 2018, the grantee apportions the funds to the Governor, or way. This document is intended only to has a Transit Asset Management plan in its designee (e.g., State DOT). provide clarity to the public regarding place that meets the requirements of 49 Depending on the program, as described existing requirements under the law or CFR part 625, or is covered by a in the individual program sections compliant Group Plan. found in Section IV of this notice, agency policies. Grantees should refer to

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applicable regulations and statutes Lawrence Seaway Development CONTACT section. Any member of the referenced in this document. Corporation, 1200 New Jersey Avenue public may present a written statement SE, Washington, DC 20590; 202–366– K. Jane Williams, to the Advisory Board at any time. 0091. There will be three (3) minutes Issued at Washington, DC, on May 29, Acting Administrator. allotted for oral comments from 2020. [FR Doc. 2020–11946 Filed 6–2–20; 8:45 am] members of the public joining the BILLING CODE 4910–57–P meeting. To accommodate as many Carrie Lavigne, speakers as possible, the time for each (Approving Official), Chief Counsel, Saint commenter may be limited. Individuals Lawrence Seaway Development Corporation. DEPARTMENT OF TRANSPORTATION wishing to reserve speaking time during [FR Doc. 2020–11959 Filed 6–2–20; 8:45 am] Saint Lawrence Seaway Development the meeting must submit a request at the BILLING CODE 4910–61–P Corporation time of registration, as well as the name, address, and organizational affiliation of Saint Lawrence Seaway Development the proposed speaker. If the number of Corporation Advisory Board—Notice registrants requesting to make DEPARTMENT OF THE TREASURY of Public Meetings statements is greater than can be reasonably accommodated during the Internal Revenue Service AGENCY: Saint Lawrence Seaway meeting, the SLSDC conduct a lottery to Development Corporation (SLSDC), determine the speakers. Speakers are Art Advisory Panel—Notice of USDOT. requested to submit a written copy of Availability of Report of 2019 Closed ACTION: Notice of public meetings. their prepared remarks for inclusion in Meetings the meeting records and for circulation SUMMARY: This notice announces the to SLSDC Advisory Board members. All AGENCY: Internal Revenue Service, public meetings via conference call of prepared remarks submitted will be Treasury. the Saint Lawrence Seaway accepted and considered as part of the ACTION: Notice. Development Corporation Advisory meeting’s record. Any member of the Board. public may submit a written statement SUMMARY: Pursuant to the Federal after the meeting deadline, and it will be DATES: The public meetings will be held Advisory Committee Act, and the presented to the committee. on (all times Eastern): Government in the Sunshine Act, a SUPPLEMENTARY INFORMATION: • Thursday, June 25, 2020 From 2:00 Pursuant report summarizing the closed meeting p.m.–3:30 p.m. EST to Section 10(a)(2) of the Federal activities of the Art Advisory Panel Advisory Committee Act (Pub. L. 92– during Fiscal Year 2019 has been Æ Requests to attend the meeting 463; 5 U.S.C. App. 2), notice is hereby prepared. A copy of this report has been must be received by June 10, 2020. given of meetings of the Advisory Board Æ Requests for accommodations to a of the Saint Lawrence Seaway filed with the Assistant Secretary for disability must be received by June 10, Development Corporation (SLSDC). The Management of the Department of the 2020 agenda for each meeting is the same and Treasury. Æ If you wish to speak during the will be as follows: DATES: meeting, you must submit a written Applicable Date: This notice is copy of your remarks to SLSDC by June Thursday, June 25, 2020 From 2:00 applicable May 28, 2020. p.m.–3:30 p.m. EST 10, 2020. ADDRESSES: The report is available at Æ Requests to submit written Thursday, September 24, 2020 From https://www.irs.gov/compliance/ materials to be reviewed during the 2:00 p.m.–3:30 p.m. EST appeals/art-appraisal-services. meeting must be received no later than 1. Opening Remarks June 10, 2020. FOR FURTHER INFORMATION CONTACT: 2. Consideration of Minutes of Past Maricarmen R. Cuello, AP:SO:AAS, • Thursday, September 24, 2020 From Meeting Internal Revenue Service/Independent 2:00 p.m.–3:30 p.m. EST 3. Quarterly Report Office of Appeals, 51 SW 1st Avenue, 4. Old and New Business Æ Requests to attend the meeting Room 1014, Miami, FL 33130, 5. Closing Discussion must be received by September 10, 6. Adjournment Telephone number (305) 982–5364 (not 2020. a toll free number). Æ Requests for accommodations to a Public Participation disability must be received by SUPPLEMENTARY INFORMATION: It has been Attendance at the meeting is open to determined that this document is not a September 10, 2020. the interested public. With the approval Æ If you wish to speak during the major rule as defined in Executive Order of the Administrator, members of the 12291 and that a regulatory impact meeting, you must submit a written public may present oral statements at copy of your remarks to SLSDC by analysis is, therefore, not required. the meeting. Persons wishing further Additionally, this document does not September 10, 2020. information should contact the person Æ constitute a rule subject to the Requests to submit written listed under the heading, FOR FURTHER Regulatory Flexibility Act (5 U.S.C. materials to be reviewed during the INFORMATION CONTACT. The US meeting must be received no later than Department of Transportation is Chapter 6). September 10, 2020. committed to providing equal access to Andrew J. Keyso, ADDRESSES: The meetings will be held this meeting for all participants. If you Chief, Independent Office of Appeals. via conference call at the SLSDC’s need alternative formats or services [FR Doc. 2020–11938 Filed 6–2–20; 8:45 am] Operations location, 180 Andrews because of a disability, such as sign Street, Massena, New York 13662. language, interpretation, or other BILLING CODE 4830–01–P FOR FURTHER INFORMATION CONTACT: ancillary aids, please contact the person Wayne Williams, Chief of Staff, Saint listed in the FOR FURTHER INFORMATION

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DEPARTMENT OF VETERANS DATES: Written comments and and sufficient resources available for AFFAIRS recommendations for the proposed burial. information collection should be sent An agency may not conduct or [OMB Control No. 2900–0799] within 30 days of publication of this sponsor, and a person is not required to notice to www.reginfo.gov/public/do/ respond to a collection of information Agency Information Collection Activity PRAMain. Find this particular unless it displays a currently valid OMB Under OMB Review: Casket and Urn information collection by selecting control number. The Federal Register Reimbursement ‘‘Currently under 30-day Review—Open Notice with a 60-day comment period for Public Comments’’ or by using the soliciting comments on this collection AGENCY: National Cemetery search function. Refer to ‘‘OMB Control of information was published at Volume Administration, Department of Veterans No. 2900–0799’’. 85 FR 48 on Wednesday, March 11, Affairs. SUPPLEMENTARY INFORMATION: 2020, page 41291. ACTION: Notice. Authority: Public Law 104–13; 44 Affected Public: Federal Government and Community Social Services. SUMMARY: In compliance with the U.S.C. 3501–3521. Estimated Annual Burden: 74 hours. Paperwork Reduction Act (PRA) of Title: Casket/Urn Reimbursement, VA Estimated Average Burden per 1995, this notice announces that the Form 40–10088. Respondent: 10 minutes. National Cemetery Administration OMB Control Number: 2900–0799. Frequency of Response: One time. (NCA), Department of Veterans Affairs, Type of Review: Reinstatement of a Estimated Number of Respondents: will submit the collection of previously approved collection. 445. information abstracted below to the Abstract: The Department of Veterans Office of Management and Budget Affairs, National Cemetery By direction of the Secretary. (OMB) for review and comment. The Administration has established VA Danny S. Green, PRA submission describes the nature of regulations to implement statutory VA PRA Clearance Officer, Office of Quality, the information collection and its authority for NCA to provide Performance and Risk, Department of expected cost and burden and it reimbursement for the purchase of Veterans Affairs. includes the actual data collection caskets and urns for the interment of the [FR Doc. 2020–11939 Filed 6–2–20; 8:45 am] instrument. remains of Veterans without next of kin BILLING CODE 8320–01–P

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Part II

Department of Commerce

Bureau of Industry and Security 15 CFR Part 774 Expansion of Export, Reexport, and Transfer (In-Country) Controls for Military End Use or Military End Users in the People’s Republic of China, Russia, or Venezuela; Correction; Final Rule

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DEPARTMENT OF COMMERCE Background 0C521 Any material subject to the EAR that is not listed elsewhere in the CCL, but The April 28 rule (85 FR 23460) Bureau of Industry and Security which is controlled for export because it revised portions of Export Control provides at least a significant military or Classification Numbers (ECCNs) on the 15 CFR Part 774 intelligence advantage to the United Commerce Control List (CCL) States or for foreign policy reasons. (Supplement No. 1 to part 774). 0C521 materials are subject to RS1 controls [Docket No. 180212164–9483–01] with no license exception eligibility other Need for Correction than License Exception GOV for U.S. RIN 0694–AH53 The April 28 rule published only the Government personnel and agencies under revised portions of each ECCN; this § 740.11(b)(2)(ii) of the EAR, or an item- Expansion of Export, Reexport, and correction publishes each revised ECCN specific license exception identified in Transfer (In-Country) Controls for Supplement No. 5 to part 774 particular to in full. Therefore, FR Rule Doc. No. an item covered under ECCN 0C521. The list Military End Use or Military End Users 2020–07241, published in the April 28, of materials determined to be classified in the People’s Republic of China, 2020, issue of the Federal Register, under ECCN 0C521 controls is published in Russia, or Venezuela; Correction beginning on page 23460, is corrected as Supplement No. 5 to part 774. The license follows: requirements and licensing policy relating to AGENCY: Bureau of Industry and ECCN 0C521 are set forth in § 742.6(a)(8) of Security, Commerce. Supplement No. 1 to Part 774— the EAR. ACTION: Final rule; correction. [Corrected] * * * * * ■ 1. On page 23465, in the third column, 0D521 Any software subject to the EAR SUMMARY: The Bureau of Industry and instruction 16 and its corresponding that is not listed elsewhere in the CCL, Security (BIS) is correcting the amendment text are corrected to read as but which is controlled for export formatting of a final rule that appeared because it provides at least a significant follows: military or intelligence advantage to the in the Federal Register of April 28, 2020 ■ 16. In Supplement No. 1 to Part 774 United States or for foreign policy (here and after referred to as the April (the Commerce Control List), Category 0, 28 rule), which becomes effective on reasons. ECCNs 0A521, 0B521, 0C521, 0D521, 0D521 software is subject to RS1 controls June 29, 2020. The April 28 rule amends and 0E521 are revised to read as the Export Administration Regulations with no license exception eligibility other follows: than License Exception GOV for U.S. (EAR) to expand license requirements 0A521 Any commodity subject to the EAR Government personnel and agencies under on exports, reexports, and transfers (in- § 740.11(b)(2)(ii) of the EAR, or an item- country) of items intended for military that is not listed elsewhere in the CCL, but which is controlled for export specific license exception identified in end use or military end users in the because it provides at least a significant Supplement No. 5 to part 774 particular to People’s Republic of China (China), military or intelligence advantage to the an item covered under ECCN 0D521. The list Russia, or Venezuela. Specifically, this United States or for foreign policy of software determined to be classified under rule expands the licensing requirements reasons. ECCN 0D521 controls is published in Supplement No. 5 to part 774. The license for China to include ‘‘military end 0A521 commodities are subject to RS1 requirements and licensing policy relating to controls with no license exception eligibility users,’’ in addition to ‘‘military end ECCN 0D521 are set forth in § 742.6(a)(8) of other than License Exception GOV for U.S. use.’’ It broadens the list of items for the EAR. which the licensing requirements and Government personnel and agencies under * * * * * review policy apply and expands the § 740.11(b)(2)(ii) of the EAR, or an item- specific license exception identified in 0E521 Any technology subject to the EAR definition of ‘‘military end use.’’ Next, Supplement No. 5 to part 774 particular to that is not listed elsewhere in the CCL, it creates a new reason for control and an item covered under ECCN 0A521. The list but which is controlled for export the associated review policy for regional of commodities determined to be classified because it provides at least a significant stability for certain items exported to under ECCN 0A521 controls is published in military or intelligence advantage to the China, Russia, or Venezuela, moving Supplement No. 5 to part 774. The license United States or for foreign policy existing text related to this policy. requirements and licensing policy relating to reasons. Finally, it adds Electronic Export ECCN 0A521 are set forth in § 742.6(a)(8) of 0E521 technology is subject to RS1 controls Information filing requirements in the the EAR. with no license exception eligibility other Automated Export System for exports to * * * * * than License Exception GOV for U.S. Government personnel and agencies under China, Russia, and Venezuela. This rule 0B521 Any commodity subject to the EAR that is not listed elsewhere in the CCL, § 740.11(b)(2)(ii) of the EAR, or an item- supports the objectives discussed in the but which is controlled for export specific license exception identified in National Security Strategy of the United because it provides at least a significant Supplement No. 5 to part 774 particular to States. This correction publishes the full military or intelligence advantage to the an item covered under ECCN 0E521. The list text of each revised Export Control United States or for foreign policy of technologies determined to be classified Classification Number on the Commerce reasons. under ECCN 0E521 controls is published in Control List. 0B521 commodities are subject to RS1 Supplement No. 5 to part 774. The license controls with no license exception eligibility requirements and licensing policy relating to DATES: This correction is effective June other than License Exception GOV for U.S. ECCN 0E521 are set forth in § 742.6(a)(8) of 29, 2020. Government personnel and agencies under the EAR. FOR FURTHER INFORMATION CONTACT: § 740.11(b)(2)(ii) of the EAR, or an item- * * * * * Eileen Albanese, Director, Office of specific license exception identified in ■ 2. On page 23465, in the third column, National Security and Technology Supplement No. 5 to part 774 particular to an item covered under ECCN 0B521. The list instruction 17 and its corresponding Transfer Controls, Bureau of Industry amendment text are corrected to read as and Security, Department of Commerce. of commodities determined to be classified under ECCN 0B521 controls is published in follows: Phone: (202) 482–0092; Fax: (202) 482– Supplement No. 5 to part 774. The license ■ 17. In Supplement No. 1 to Part 774 3355; Email: [email protected]. For requirements and licensing policy relating to (the Commerce Control List), Category 0, emails, include ‘‘Military End Use or ECCN 0B521 are set forth in § 742.6(a)(8) of ECCNs 0A606, 0A617, 0D606, 0D617, User’’ in the subject line. the EAR. 0E606, and 0E617 are revised to read as SUPPLEMENTARY INFORMATION: * * * * * follows:

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0A606 Ground vehicles and related for firearms of .50 caliber or less; and (v) ‘‘specially designed’’ for deployment by commodities, as follows (see List of trailers ‘‘specially designed’’ for use with ground vehicles enumerated in USML Items Controlled). other ground vehicles enumerated in USML Category VII or this ECCN. Category VII or ECCN 0A606.a, and not License Requirements g. through w. [Reserved] separately enumerated or otherwise x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ Reason for Control: NS, RS, AT, UN described in USML Category VII. For purposes of this note, the term ‘‘modified’’ and ‘‘attachments’’ that are ‘‘specially Country chart does not include incorporation of safety designed’’ for a commodity enumerated or Control(s) (see Supp. No. 1 to features required by law, cosmetic changes otherwise described in ECCN 0A606 (other part 738) (e.g., different paint or repositioning of bolt than 0A606.b or 0A606.y) or a defense article holes) or addition of ‘‘parts’’ or enumerated in USML Category VII and not NS applies to entire NS Column 1. ‘‘components’’ available prior to 1956. elsewhere specified on the USML or in entry, except 0A606.y. 0A606.b and .y. Note 2 to paragraph .a: A ground vehicle’s NS applies to NS Column 2. being ‘‘specially designed’’ for military use Note 1: Forgings, castings, and other 0A606.b. for purposes of determining controls under unfinished products, such as extrusions and RS applies to entire RS Column 1. paragraph .a. entails a structural, electrical machined bodies, that have reached a stage or mechanical feature involving one or more entry, except in manufacture where they are clearly ‘‘components’’ that are ‘‘specially designed’’ 0A606.b and .y. identifiable by mechanical properties, RS applies to RS Column 2. for military use. Such ‘‘components’’ include: a. Pneumatic tire casings of a kind material composition, geometry, or function 0A606.b. as commodities controlled by ECCN 0A606.x RS applies to China, Russia, or ‘‘specially designed’’ to be bullet-proof; are controlled by ECCN 0A606.x. 0A606.y. Venezuela (see b. Armored protection of vital ‘‘parts’’ (e.g., fuel tanks or vehicle cabs); § 742.6(a)(7)). Note 2: ‘‘Parts,’’ ‘‘components,’’ AT applies to entire AT Column 1. c. Special reinforcements or mountings for weapons; ‘‘accessories’’ and ‘‘attachments’’ entry. d. Black-out lighting. enumerated in USML paragraph VII(g) are UN applies to entire See § 746.1(b) for UN b. Other ground vehicles, ‘‘parts’’ and subject to the controls of that paragraph. entry, except controls. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’ and 0A606.y. ‘‘components,’’ as follows: b.1. Unarmed vehicles that are derived ‘‘attachments’’ described in ECCN 0A606.y List Based License Exceptions (See Part 740 from civilian vehicles and that have all of the are subject to the controls of that paragraph. for a Description of All License Exceptions) following: y. Specific ‘‘parts,’’ ‘‘components,’’ LVS: $1,500 b.1.a. Manufactured or fitted with materials ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially or ‘‘components’’ other than reactive or GBS: N/A designed’’ for a commodity enumerated or electromagnetic armor to provide ballistic Special Conditions for STA protection to level III (National Institute of otherwise described in this ECCN (other than ECCN 0A606.b) or for a defense article in STA: (1) Paragraph (c)(1) of License Justice standard 0108.01, September 1985) or Exception STA (§ 740.20(c)(1) of the EAR) better; USML Category VII and not elsewhere may not be used for any item in 0A606.a, b.1.b. A transmission to provide drive to specified on the USML or the CCL, as unless determined by BIS to be eligible for both front and rear wheels simultaneously, follows, and ‘‘parts,’’ ‘‘components,’’ License Exception STA in accordance with including those vehicles having additional ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially § 740.20(g) (License Exception STA wheels for load bearing purposes whether designed’’ therefor: eligibility requests for 9x515 and ‘‘600 driven or not; y.1. Brake discs, rotors, drums, calipers, b.1.c. Gross vehicle weight rating (GVWR) series’’ items). (2) Paragraph (c)(2) of cylinders, pads, shoes, lines, hoses, vacuum License Exception STA (§ 740.20(c)(2) of greater than 4,500 kg; and b.1.d. Designed or modified for off-road boosters, and parts therefor; the EAR) may not be used for any item in y.2. Alternators and generators; 0A606. use. b.2. ‘‘Parts’’ and ‘‘components’’ having all y.3. Axles; List of Items Controlled of the following: y.4. Batteries; Related Controls: (1) The ground vehicles, b.2.a. ‘‘Specially designed’’ for vehicles y.5. Bearings (e.g., ball, roller, wheel); other articles, technical data (including specified in paragraph .b.1 of this entry; and y.6. Cables, cable assembles, and software) and services described in 22 CFR b.2.b. Providing ballistic protection to level connectors; part 121, Category VII are subject to the III (National Institute of Justice standard y.7. Cooling system hoses; jurisdiction of the International Traffic in 0108.01, September 1985) or better. y.8. Hydraulic, fuel, oil, and air filters, Arms Regulations. (2) See ECCN 0A919 for Note 1 to paragraph b: Ground vehicles other than those controlled by ECCN 1A004; foreign-made ‘‘military commodities’’ that otherwise controlled by 0A606.b.1 that y.9. Gaskets and o-rings; incorporate more than a de minimis amount contain reactive or electromagnetic armor are y.10. Hydraulic system hoses, fittings, of U.S.-origin ‘‘600 series’’ controlled subject to the controls of USML Category VII. couplings, adapters, and valves; content. Note 2 to paragraph b: ECCN 0A606.b.1 Related Definitions: N/A y.11. Latches and hinges; does not control civilian vehicles ‘‘specially Items: y.12. Lighting systems, fuses, and designed’’ for transporting money or a. Ground vehicles, whether manned or ‘‘components;’’ valuables. unmanned, ‘‘specially designed’’ for a y.13. Pneumatic hoses, fittings, adapters, military use and not enumerated or otherwise Note 3 to paragraph b: ‘‘Unarmed’’ means couplings, and valves; described in USML Category VII. not having installed weapons, installed y.14. Seats, seat assemblies, seat supports, Note 1 to paragraph a: For purposes of mountings for weapons, or special and harnesses; paragraph .a, ‘‘ground vehicles’’ include (i) reinforcements for mounts for weapons. y.15. Tires, except run flat; and tanks and armored vehicles manufactured c. Air-cooled diesel engines and engine y.16. Windows, except those for armored prior to 1956 that have not been modified blocks for armored vehicles that weigh more vehicles. since 1955 and that do not contain a than 40 tons. functional weapon or a weapon capable of d. Fully automatic continuously variable * * * * * becoming functional through repair; (ii) transmissions for tracked combat vehicles. 0A617 Miscellaneous ‘‘equipment,’’ military railway trains except those that are e. Deep water fording kits ‘‘specially materials, and related commodities (see armed or are ‘‘specially designed’’ to launch designed’’ for ground vehicles controlled by List of Items Controlled). missiles; (iii) unarmored military recovery ECCN 0A606.a or USML Category VII. and other support vehicles; (iv) unarmored, f. Self-launching bridge ‘‘components’’ not License Requirements unarmed vehicles with mounts or hard points enumerated in USML Category VII(g) Reason for Control: NS, RS, AT, UN

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Country chart b. Concealment and deception equipment Country chart Control(s) (see Supp. No. 1 to ‘‘specially designed’’ for military application, Control(s) (see Supp. No. 1 to part 738) including special paints, decoys, smoke or part 738) obscuration equipment and simulators, and NS applies to entire NS Column 1. ‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ and UN applies to entire See § 746.1(b) for UN entry, except ‘‘attachments’’ ‘‘specially designed’’ therefor, entry, except controls. 0A617.y. not controlled by USML Category XIII. 0D606.y. RS applies to entire RS Column 1. c. Ferries, bridges (other than those entry, except List Based License Exceptions (See Part 740 described in ECCN 0A606 or USML Category for a Description of All License Exceptions) 0A617.y. VII), and pontoons, ‘‘specially designed’’ for TSR: N/A RS applies to China, Russia, or military use. 0A617.y. Venezuela (see d. Test models ‘‘specially designed’’ for the Special Conditions for STA § 742.6(a)(7)). ‘‘development’’ of defense articles controlled AT applies to entire AT Column 1. STA: Paragraph (c)(2) of License Exception by USML Categories IV, VI, VII and VIII. entry. STA (§ 740.20(c)(2) of the EAR) may not be e. [Reserved] UN applies to entire See § 764.1(b) for UN used for any software in 0D606. f. ‘‘Metal embrittlement agents.’’ entry, except controls. g. through x. [Reserved] List of Items Controlled 0A617.y. y. Other commodities as follows, and Related Controls: (1) Software directly related List Based License Exceptions (See Part 740 ‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ and to articles enumerated or otherwise for a Description of All License Exceptions) ‘‘attachments’’ ‘‘specially designed’’ therefor: described in USML Category VII are subject LVS: $1,500 y.1. Construction equipment ‘‘specially to the controls of USML paragraph VII(h). GBS: N/A designed’’ for military use, including such (2) See ECCN 0A919 for foreign made equipment ‘‘specially designed’’ for transport ‘‘military commodities’’ that incorporate Special Conditions for STA in aircraft controlled by USML VIII(a) or more than a de minimis amount of U.S.- STA: Paragraph (c)(2) of License Exception ECCN 9A610.a. origin ‘‘600 series’’ controlled content. STA (§ 740.20(c)(2) of the EAR) may not be y.2. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ Related Definitions: N/A used for any item in 0A617. and ‘‘attachments’’ ‘‘specially designed’’ for Items: commodities in paragraph .y.1 of this entry, a. ‘‘Software’’ ‘‘specially designed’’ for the List of Items Controlled including crew protection kits used as ‘‘development,’’ ‘‘production,’’ operation, or Related Controls: (1) Defense articles, such as protective cabs. maintenance of commodities controlled by materials made from classified y.3. ISO intermodal containers or ECCNs 0A606 (except for ECCNs 0A606.b or information, that are controlled by USML demountable vehicle bodies (i.e., swap 0A606.y), 0B606, or 0C606. Category XIII, and technical data bodies), n.e.s., ‘‘specially designed’’ or b. through x. [Reserved] (including software) directly related ‘modified’ for shipping or packing defense y. ‘‘Specific software’’ ‘‘specially designed’’ for the ‘‘production,’’ ‘‘development,’’ thereto, are subject to the ITAR. (2) See articles or items controlled by a ‘‘600 series’’ operation, or maintenance of commodities ECCN 0A919 for foreign-made ‘‘military ECCN. commodities’’ that incorporate more than a described in ECCN 0A606.y. Technical Note: For the purpose of de minimis amount of U.S.-origin ‘‘600 0A617.y.3, ‘modified’ means any structural, * * * * * series’’ controlled content. (3) For controls 0D617 ‘‘Software’’ ‘‘specially designed’’ for electrical, mechanical, or other change that on self-contained diving and underwater the ‘‘development,’’ ‘‘production,’’ provides a non-military item with military swimming apparatus and related operation, or maintenance of commodities, see ECCN 8A620.f. (4) For capabilities equivalent to an item which is commodities controlled by 0A617, controls on robots, robot controllers, and ‘‘specially designed’’ for military use. ‘‘equipment’’ controlled by 0B617, or robot end-effectors, see USML Category VII y.4. Field generators ‘‘specially designed’’ materials controlled by 0C617 (see List and ECCNs 0A606 and 2B007. (5) for military use. of Items Controlled). ‘‘Libraries,’’ i.e., parametric technical y.5. Power controlled searchlights and License Requirements databases, ‘‘specially designed’’ for control units therefor, ‘‘specially designed’’ military use with equipment controlled by for military use, and ‘‘equipment’’ mounting Reason for Control: NS, RS, AT, UN the USML or a ‘‘600 series’’ ECCN are such units. controlled by the technical data and * * * * * Country chart technology controls pertaining to such Control(s) (see Supp. No. 1 to 0D606 ‘‘Software’’ ‘‘specially designed’’ for part 738) items. (6) For controls on nuclear power the ‘‘development,’’ ‘‘production,’’ generating equipment or propulsion operation, or maintenance of ground NS applies to entire NS Column 1. equipment, including ‘‘nuclear reactors,’’ vehicles and related commodities entry, except ‘‘specially designed’’ for military use, and controlled by 0A606, 0B606, or 0C606 0D606.y. ‘‘parts’’ and ‘‘components’’ ‘‘specially (see List of Items Controlled). RS applies to entire RS Column 1. designed’’ therefor, see USML Categories entry, except VI, XIII, XV, and XX. (7) Simulators License Requirements 0D606.y. ‘‘specially designed’’ for military ‘‘nuclear Reason for Control: NS, RS, AT, UN RS applies to China, Russia, or reactors’’ are controlled by USML Category 0D606.y. Venezuela (see IX(b). (8) See USML Categories X, XI and Country chart § 742.6(a)(7)). XII for ‘‘laser’’ protection equipment (e.g., Control(s) (see Supp. No. 1 to AT applies to entire AT Column 1. eye and sensor protection) ‘‘specially part 738) entry. designed’’ for military use. (9) ‘‘Fuel cells’’ UN applies to entire See § 746.1(b) for UN ‘‘specially designed’’ for a defense article NS applies to entire NS Column 1. entry, except controls. on the USML or a commodity controlled by entry, except 0D606.y. a ‘‘600 series’’ ECCN are controlled 0D606.y. according to the corresponding ‘‘600 RS applies to entire RS Column 1. List Based License Exceptions (See Part 740 series’’ ECCN for such end items. (10) See entry, except for a Description of All License Exceptions) USML Category XV for controls on fuel 0D606.y. TSR: N/A cells ‘‘specially designed’’ for satellite or RS applies to China, Russia, or spacecraft. 0D606.y. Venezuela (see Special Conditions for STA Related Definitions: N/A § 742.6(a)(7)). STA: Paragraph (c)(2) of License Exception Items: AT applies to entire AT Column 1. STA (§ 740.20(c)(2) of the EAR) may not be a. [Reserved] entry. used for any software in 0D606.

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List of Items Controlled b. through x. [Reserved] ■ 18. In Supplement No. 1 to Part 774 Related Controls: (1) Software directly related y. Specific ‘‘technology’’ ‘‘required’’ for the (the Commerce Control List), Category 1, to articles enumerated or otherwise ‘‘development,’’ ‘‘production,’’ operation, ECCNs 1A613, 1D613, and 1E613 are described in USML Category VII are subject installation, maintenance, repair, overhaul or revised to read as follows: to the controls of USML paragraph VII(h). refurbishing of commodities or software in (2) See ECCN 0A919 for foreign made ECCN 0A606.y or 0D606.y. 1A613 Armored and protective ‘‘military commodities’’ that incorporate * * * * * ‘‘equipment’’ and related commodities, as follows (see List of Items Controlled). more than a de minimis amount of U.S.- 0E617 ‘‘Technology’’ ‘‘required’’ for the origin ‘‘600 series’’ controlled content. ‘‘development,’’ ‘‘production,’’ operation, License Requirements Related Definitions: N/A installation, maintenance, repair, Reason for Control: NS, RS, AT, UN Items: overhaul, or refurbishing of commodities a. ‘‘Software’’ ‘‘specially designed’’ for the controlled by ECCN 0A617, ‘‘equipment’’ Country chart ‘‘development,’’ ‘‘production,’’ operation, or controlled by 0B617, or materials Control(s) (see Supp. No. 1 to maintenance of commodities controlled by controlled by 0C617, or ‘‘software’’ part 738) ECCNs 0A606 (except for ECCNs 0A606.b or controlled by ECCN 0D617 (see List of 0A606.y), 0B606, or 0C606. Items Controlled). NS applies to entire NS Column 1. b. through x. [Reserved] entry except License Requirements y. ‘‘Specific software’’ ‘‘specially designed’’ 1A613.y. for the ‘‘production,’’ ‘‘development,’’ Reason for Control: NS, RS, AT, UN RS applies to entire RS Column 1. operation, or maintenance of commodities entry except described in ECCN 0A606.y. Country chart 1A613.y. Control(s) (see Supp. No. 1 to RS applies to China, Russia, or * * * * * part 738) 0E606 ‘‘Technology’’ ‘‘required’’ for the 1A613.y. Venezuela (see § 742.6(a)(7)). ‘‘development,’’ ‘‘production,’’ NS applies to entire NS Column 1. AT applies to entire AT Column 1. operation, installation, maintenance, entry, except entry. repair, overhaul, or refurbushing of 0E617.y. UN applies to entire See § 746.1(b) for UN ground vehicles and related RS applies to entire RS Column 1. entry, except controls. commodities in 0A606, 0B606, 0C606, or entry, except 1A613.y. software in 0D606 (see List of Items 0E617.y. Controlled). RS applies to China, Russia, or List Based License Exceptions (See Part 740 License Requirements 0E617.y. Venezuela (see for a Description of All License Exceptions) § 742.6(a)(7)). Reason for Control: NS, RS, AT, UN LVS: $1,500 AT applies to entire AT Column 1. GBS: N/A entry. Country chart Control(s) (see Supp. No. 1 to UN applies to entire See § 746.1(b) for UN Special Conditions for STA part 738) entry, except controls. STA: Paragraph (c)(2) of License Exception 0E617.y. STA (§ 740.20(c)(2) of the EAR) may not be NS applies to entire NS Column 1. List Based License Exceptions (See Part 740 used for any item in 1A613. entry, except for a Description of All License Exceptions) 0E606.y. List of Items Controlled RS applies to entire RS Column 1. TSR: N/A Related Controls: (1) Defense articles, such as entry, except Special Conditions for STA materials made from classified 0E606.y. information, that are controlled by USML RS applies to China, Russia, or STA: Paragraph (c)(2) of License Exception Category X or XIII of the ITAR, and 0E606.y. Venezuela (see STA (§ 740.20(c)(2) of the EAR) may not be technical data (including software) directly § 742.6(a)(7)). used for any technology in 0E617. related thereto, are ‘‘subject to the ITAR.’’ AT applies to entire AT Column 1. List of Items Controlled (2) See ECCN 0A919 for foreign-made entry. ‘‘military commodities’’ that incorporate Related Controls: Technical data directly UN applies to entire See § 746.1(b) for UN more than a de minimis amount of US- related to articles controlled by USML entry, except controls. origin ‘‘600 series’’ controlled content. (3) Category XIII are subject to the control of 0E606.y. See ECCN 9A610.g for anti-gravity suits USML paragraph XIII(l). (‘‘G-suits’’) and pressure suits capable of List Based License Exceptions (See Part 740 Related Definitions: N/A operating at altitudes higher than 55,000 for a Description of All License Exceptions) Items: feet above sea level. TSR: N/A a. ‘‘Technology’’ (other than ‘‘technology’’ Related Definitions: References to ‘‘NIJ Type’’ controlled by paragraph .y of this entry) Special Conditions for STA protection are to the National Institute of ‘‘required’’ for the ‘‘development,’’ Justice Classification guide at NIJ Standard STA: Paragraph (c)(2) of License Exception ‘‘production,’’ operation, installation, 0101.06, Ballistic Resistance of Body STA (§ 740.20(c)(2) of the EAR) may not be maintenance, repair, overhaul, or Armor, and NIJ Standard 0108.01, Ballistic used for any technology in 0D606. refurbishing of commodities or ‘‘software’’ Resistant Protective Materials. controlled by ECCN 0A617 (except 0A617.y), List of Items Controlled Items: 0B617, 0C617, or 0D617 (except 0D617.y). a. Metallic or non-metallic armored plate Related Controls: Technical data directly b. through x. [Reserved]. ‘‘specially designed’’ for military use and not related to articles enumerated in USML y. Specific ‘‘technology’’ ‘‘required’’ for the controlled by the USML. Category VII are subject to the controls of ‘‘production,’’ ‘‘development,’’ operation, USML paragraph VII(h). installation, maintenance, repair, overhaul, Note to paragraph a: For controls on body Related Definitions: N/A or refurbishing of commodities controlled by armor plates, see ECCN 1A613.d.2 and USML Items: ECCN 0A617.y or ‘‘software’’ controlled by Category X(a)(1). a. ‘‘Technology’’ ‘‘required’’ for the 0D617.y. b. Shelters ‘‘specially designed’’ to: ‘‘development,’’ ‘‘production,’’ operation, * * * * * b.1. Provide ballistic protection for military installation, maintenance, repair, overhaul, systems; or ■ or refurbishing of commodities enumerated 3. On page 23466, in the second b.2. Protect against nuclear, biological, or or otherwise described in ECCN 0A606 column, instruction 18 and its chemical contamination. (except for ECCNs 0A606.b or 0A606.y), corresponding amendment text are c. Military helmets (other than helmets 0B606, or 0C606. corrected to read as follows: controlled under 1A613.y.1) providing less

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than NIJ Type IV protection and ‘‘specially Country chart Country chart designed’’ helmet shells, liners, or comfort Control(s) (see Supp. No. 1 to Control(s) (see Supp. No. 1 to pads therefor. part 738) part 738) Note 1: See ECCN 0A979 for controls on police helmets. RS applies to entire RS Column 1. UN applies to entire See § 746.1(b) for UN entry except entry, except controls. Note 2: See USML Category X(a)(5) and 1D613.y. 1E613.y. (a)(6) for controls on other military helmets. RS applies to China, Russia, or d. Body armor and protective garments, as 1D613.y. Venezuela (see List Based License Exceptions (See Part 740 follows: § 742.6(a)(7)). for a Description of All License Exceptions) d.1. Soft body armor and protective AT applies to entire AT Column 1. TSR: N/A garments manufactured to military standards entry. or specifications, or to their equivalents, that UN applies to entire See § 746.1(b) for UN Special Conditions for STA provide ballistic protection equal to or less entry, except controls. STA: Paragraph (c)(2) of License Exception than NIJ level III (NIJ 0101.06, July 2008); or 1D613.y. STA (§ 740.20(c)(2) of the EAR) may not be Note: For 1A613.d.1, military standards or used for any ‘‘technology’’ in 1E613. specifications include, at a minimum, List Based License Exceptions (See Part 740 for a Description of All License Exceptions) specifications for fragmentation protection. List of Items Controlled TSR: N/A d.2. Hard body armor plates that provide Related Controls: Technical data directly ballistic protection equal to NIJ level III (NIJ Special Conditions for STA related to articles controlled by USML 0101.06, July 2008) or national equivalents. STA: Paragraph (c)(2) of License Exception Category X are subject to the control of Note: See ECCN 1A005 for controls on soft USML paragraph X(e) of the ITAR. body armor not manufactured to military STA (§ 740.20(c)(2) of the EAR) may not be Related Definitions: N/A standards or specifications and hard body used for any ‘‘software’’ in 1D613. Items: armor plates providing less than NIJ level III List of Items Controlled protection. For body armor providing NIJ a. ‘‘Technology’’ (other than ‘‘technology’’ Type IV protection or greater, see USML Related Controls: (1) ‘‘Software’’ directly controlled by paragraph .y of this entry) Category X(a)(1). related to articles controlled by USML ‘‘required’’ for the ‘‘development,’’ Category X is subject to the control of USML e. Atmospheric diving suits ‘‘specially ‘‘production,’’ operation, installation, paragraph X(e) of the ITAR. (2) See ECCN designed’’ for rescue operations for maintenance, repair, overhaul, or submarines controlled by the USML or the 0A919 for foreign-made ‘‘military refurbishing of commodities or ‘‘software’’ CCL. commodities’’ that incorporate more than a controlled by ECCNs 1A613 (except de minimis amount of US-origin ‘‘600 series’’ f. Other personal protective ‘‘equipment’’ 1A613.y), 1B613 or 1D613 (except 1D613.y). controlled content. ‘‘specially designed’’ for military b. through x. [Reserved] Related Definitions: N/A applications not controlled by the USML, not y. Specific ‘‘technology’’ ‘‘required’’ for the Items: elsewhere controlled on the CCL. ‘‘production,’’ ‘‘development,’’ operation, g. to w. [Reserved] a. ‘‘Software’’ (other than ‘‘software’’ installation, maintenance, repair, overhaul, x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ controlled in paragraph .y of this entry) or refurbishing of commodities or software and ‘‘attachments’’ that are ‘‘specially ‘‘specially designed’’ for the ‘‘development,’’ controlled by ECCN 1A613.y or 1D613.y. designed’’ for a commodity controlled by ‘‘production,’’ operation, or maintenance of ECCN 1A613 (except for 1A613.y) or an commodities controlled by ECCNs 1A613 * * * * * article enumerated in USML Category X, and (except 1A613.y) or 1B613 (except 1B613.y). ■ 4. On page 23467, in the first column, not controlled elsewhere in the USML. b. to x. [Reserved] Note: Forgings, castings, and other y. Specific ‘‘software’’ ‘‘specially instruction 19 and its corresponding unfinished products, such as extrusions and designed’’ for the ‘‘production,’’ amendment text are corrected to read as machined bodies, that have reached a stage ‘‘development,’’ operation, or maintenance of follows: in manufacturing where they are clearly commodities controlled by ECCN 1A613.y. ■ 19. In Supplement No. 1 to Part 774 identifiable by mechanical properties, * * * * * (the Commerce Control List), Category 3, material composition, geometry, or function 1E613 ‘‘Technology’’ ‘‘required’’ for the as commodities controlled by ECCN 1A613.x ECCNs 3A611, 3D611, and 3E611 are are controlled by ECCN 1A613.x. ‘‘development,’’ ‘‘production,’’ revised to read as follows: operation, installation, maintenance, y. Other commodities as follows: repair, overhaul, or refurbishing of 3A611 Military electronics, as follows (see y.1 Conventional military steel helmets. commodities controlled by 1A613 or List of Items Controlled). N.B. to paragraph y.1: For other military 1B613 or ‘‘software’’ controlled by License Requirements helmet ‘‘components’’ or ‘‘accessories,’’ see 1D613, as follows (see List of Items the relevant ECCN in the CCL or USML Entry. Controlled). Reason for Control: NS, RS, AT, UN y.2 [Reserved] License Requirements Country chart * * * * * Reason for Control: NS, RS, AT, UN Control(s) (see Supp. No. 1 to 1D613 ‘‘Software’’ ‘‘specially designed’’ for part 738) the ‘‘development,’’ ‘‘production,’’ Country chart operation, or maintenance of NS applies to entire NS Column 1. commodities controlled by 1A613 or Control(s) (see Supp. No. 1 to part 738) entry except 1B613, as follows (see List of Items 3A611.y. Controlled). NS applies to entire NS Column 1. RS applies to entire RS Column 1. License Requirements entry except entry except 3A611.y. Reason for Control: NS, RS, AT, UN 1E613.y. RS applies to entire RS Column 1. RS applies to China, Russia, or 3A611.y. Venezuela (see Country chart entry except Control(s) (see Supp. No. 1 to 1E613.y. § 742.6(a)(7)) part 738) RS applies to China, Russia, or AT applies to entire AT Column 1. 1E613.y. Venezuela (see entry. NS applies to entire NS Column 1. § 742.6(a)(7)). UN applies to entire See § 746.1(b) for UN entry except AT applies to entire AT Column 1. entry except controls. 1D613.y. entry. 3A611.y.

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List Based License Exceptions (see Part 740 d. [Reserved] ‘‘components,’’ ‘‘accessories,’’ and for a Description of All License Exceptions) e. High frequency (HF) surface wave radar ‘‘attachments’’ ‘‘specially designed’’ therefor: LVS: $1,500 for 3A611.a, .d through .h and that maintains the positional state of y.1. Electrical connectors; .x; N/A for ECCN 3A611.c. maritime surface or low altitude airborne y.2. Electric fans; GBS: N/A objects of interest in a received radar signal y.3. Heat sinks; through time. y.4. Joy sticks; Special Conditions for STA Note to 3A611.e: ECCN 3A611.e does not y.5. Mica paper capacitors; STA: Paragraph (c)(2) of License Exception apply to systems, equipment, and assemblies y.6. Microphones; STA (§ 740.20(c)(2) of the EAR) may not be ‘‘specially designed’’ for marine traffic y.7. Potentiometers; used for any item in 3A611. control. y.8. Rheostats; y.9. Electric connector backshells; f. Application specific integrated circuits List of Items Controlled y.10. Solenoids; (ASICs) and programmable logic devices y.11. Speakers; Related Controls: (1) Electronic items that are (PLD) that are not controlled by paragraph .y y.12. Trackballs; enumerated in USML Category XI or other of this entry and that are programmed for y.13. Electric transformers; USML categories, and technical data ‘‘600 series’’ items. y.14. Application specific integrated (including software) directly related Note to paragraph .f: In this paragraph, the thereto, are subject to the ITAR. (2) circuits (ASICs) and programmable logic term ‘application specific integrated circuit’ devices (PLD) that are programmed for Application specific integrated circuits means an integrated circuit developed and (ASICs) and programmable logic devices commodities controlled in the .y paragraph produced for a specific application or of any ‘‘600 series’’ ECCN; (PLD) that are programmed for defense function regardless of number of customers articles that are subject to the ITAR are y.15. Printed circuit boards and populated for which the integrated circuit is developed circuit card assemblies for which the layout controlled in USML Category XI(c)(1). (3) or produced. See ECCN 3A001.a.7 for controls on is ‘‘specially designed’’ for an item controlled g. Printed circuit boards and populated unprogrammed programmable logic by the .y paragraph of any ‘‘600 series’’ circuit card assemblies that are not controlled devices (PLD). (4) Printed circuit boards ECCN; by paragraph .y of this entry and for which and populated circuit cards with a layout y.16. Multichip modules for which the the layout is ‘‘specially designed’’ for ‘‘600 that is ‘‘specially designed’’ for defense pattern or layout is ‘‘specially designed’’ for series’’ items. articles are controlled in USML Category an item in the .y paragraph of a ‘‘600 series’’ h. Multichip modules that are not ECCN; XI(c)(2). (5) Multichip modules for which controlled by paragraph .y of this entry and y.17. Circuit breakers; the pattern or layout is ‘‘specially for which the pattern or layout is ‘‘specially y.18. Ground fault circuit interrupters; designed’’ for defense articles are designed’’ for ‘‘600 series’’ items. y.19. Electrical contacts; controlled in USML Category XI(c)(3). (6) i. through w. [Reserved] y.20. Electrical guide pins; Electronic items ‘‘specially designed’’ for x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ y.21. Filtered and unfiltered mechanical military application that are not controlled and ‘‘attachments’’ that are ‘‘specially switches; in any USML category but are within the designed’’ for a commodity controlled by this y.22. Thumbwheels; scope of another ‘‘600 series’’ ECCN or a entry or for an article controlled by USML y.23. Fixed resistors; 9x515 ECCN are controlled by that ‘‘600 Category XI, and not enumerated or y.24. Electrical jumpers; series’’ ECCN or 9x515 ECCN. For example, described in any USML category or in any y.25. Grounding straps; electronic components not enumerated on paragraph other than the .x paragraph of y.26. Indicator dials; the USML or a ‘‘600 series’’ other than another 600 series ECCN or in paragraph .y y.27. Contactors; 3A611 that are ‘‘specially designed’’ for a of this entry. y.28. Touchpads; military aircraft controlled by USML Note 1 to ECCN 3A611.x: ECCN 3A611.x y.29. Mechanical caps; Category VIII or ECCN 9A610 are includes ‘‘parts,’’ ‘‘components,’’ y.30. Mechanical plugs; controlled by the catch-all control in ECCN ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially y.31. Finger barriers; 9A610.x. Electronic components not designed’’ for a radar, telecommunications, y.32. Flip-guards; enumerated on the USML or another ‘‘600 acoustic system or equipment or computer y.33. Identification plates and nameplates; series’’ entry that are ‘‘specially designed’’ ‘‘specially designed’’ for military application y.34. Knobs; for a military vehicle controlled by USML that are neither controlled in any USML y.35. Hydraulic, pneumatic, fuel and Category VII or ECCN 0A606 are controlled category nor controlled in any paragraph lubrication gauges. by ECCN 0A606.x. Electronic components other than the .x paragraph of another ‘‘600 not enumerated on the USML that are series’’ ECCN. Note to ECCN 3A611: When applying the ‘‘specially designed’’ for a missile ‘‘specially designed’’ definition to determine controlled by USML Category IV are Note 2 to ECCN 3A611.x: ECCN 3A611.x whether a printed circuit board, populated controlled by ECCN 9A604.(7) Certain controls ‘‘parts’’ and ‘‘components’’ circuit card assembly or multichip module is radiation-hardened microelectronic ‘‘specially designed’’ for underwater sensors controlled by paragraph .g, .h, .y.15 or .y.16 circuits are controlled by ECCN 9A515.d or or projectors controlled by USML Category of this entry, the layout of the board or 9A515.e, when ‘‘specially designed’’ for XI(c)(12) containing single-crystal lead assembly and the pattern and layout of the defense articles, ‘‘600 series’’ items, or magnesium niobate lead titanate (PMN–PT) module are the only characteristics that need items controlled by 9A515. based piezoelectrics. be evaluated under the ‘‘specially designed’’ Related Definitions: N/A Note 3 to ECCN 3A611.x: ‘‘Parts,’’ definition. Items: ‘‘components,’’ ‘‘accessories,’’ and a. Electronic ‘‘equipment,’’ ‘‘end items,’’ ‘‘attachments’’ subject to the EAR and within * * * * * and ‘‘systems’’ ‘‘specially designed’’ for a the scope of any 600 series .x entry that are 3D611 ‘‘Software’’ ‘‘specially designed’’ for military application that are not enumerated of a type that are or would potentially be for military electronics, as follows (see List or otherwise described in either a USML use in or with multiple platforms (e.g., of Items Controlled). category or another ‘‘600 series’’ ECCN. military electronics, military vehicles, and License Requirements Note to 3A611.a: ECCN 3A611.a includes military aircraft) may be classified under Reason for Control: NS, RS, AT, UN any radar, telecommunications, acoustic or 3A611.x. computer equipment, end items, or systems y. Specific ‘‘parts,’’ ‘‘components,’’ Country chart ‘‘specially designed’’ for military application ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially Control(s) (see Supp. No. 1 to that are not enumerated or otherwise designed’’ for a commodity subject to control part 738) described in any USML category or controlled in a ‘‘600 series’’ ECCN or a defense article by another ‘‘600 series’’ ECCN. and not elsewhere specified in any paragraph NS applies to entire NS Column 1. b. [Reserved] other than the .y paragraph of a ‘‘600 series’’ entry except c. [Reserved] ECCN or the USML as follows, and ‘‘parts,’’ 3D611.y.

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Country chart Special Conditions for STA List Based License Exceptions (See Part 740 Control(s) (see Supp. No. 1 to STA: 1. Paragraph (c)(2) of License Exception for a Description of All License Exceptions) part 738) STA (§ 740.20(c)(2) of the EAR) may not be LVS: $1,500 used for any ‘‘technology’’ in 3E611. GBS: N/A RS applies to entire RS Column 1. 2. Except for ‘‘build-to-print technology,’’ entry except License Exception STA is not eligible for Special Conditions for STA 3D611.y. ‘‘technology’’ enumerated in ECCN 3E611.b. STA: Paragraph (c)(2) of License Exception RS applies to China, Russia, or STA (§ 740.20(c)(2) of the EAR) may not be 3D611.y. Venezuela (see List of Items Controlled used for any item in 7A611. § 742.6(a)(7)). Related Controls: Technical data directly AT applies to entire AT Column 1. related to articles enumerated in USML List of Items Controlled entry. Category XI is controlled in USML Related Controls: (1) Military fire control, UN applies to entire See § 746.1(b) for UN Category XI(d). laser, imaging, and guidance equipment entry except controls. Related Definitions: N/A that are enumerated in USML Category XII, 3D611.y. Items: and technical data (including software) List Based License Exceptions (See Part 740 a. ‘‘Technology’’ (other than that controlled directly related thereto, are subject to the for a Description of All License Exceptions) by 3E611.b or 3E611.y) ‘‘required’’ for the ITAR. (2) See Related Controls in ECCNs 0A504, 2A984, 6A002, 6A003, 6A004, TSR: N/A ‘‘development,’’ ‘‘production,’’ operation, installation, maintenance, repair, overhaul, 6A005, 6A007, 6A008, 6A107, 7A001, Special Conditions for STA or refurbishing of commodities or software 7A002, 7A003, 7A005, 7A101, 7A102, and STA: 1. Paragraph (c)(2) of License Exception controlled by ECCN 3A611, 3B611 or 3D611. 7A103. (3) See ECCN 3A611 and USML STA (§ 740.20(c)(2) of the EAR) may not be b. ‘‘Technology’’ ‘‘required’’ for the Category XI for controls on countermeasure used for any ‘‘software’’ in 3D611. ‘‘development,’’ ‘‘production,’’ operation, equipment. (4) See ECCN 0A919 for 2. Except for ‘‘build-to-print’’ software, installation, maintenance, repair, overhaul, foreign-made ‘‘military commodities’’ that License Exception STA is not eligible for or refurbishing of the following if controlled incorporate more than a de minimis software enumerated in ECCN 3D611.b. by ECCN 3A611, including 3A611.x: amount of U.S. origin ‘‘600 series’’ b.1. Helix traveling wave tubes (TWTs); controlled content. List of Items Controlled b.2. Transmit/receive or transmit modules. Related Definitions: N/A Related Controls: ‘‘Software’’ directly related c. through x. [Reserved] Items: to articles enumerated in USML Category y. ‘‘Technology’’ ‘‘required’’ for the XI is controlled in USML Category XI(d). ‘‘production,’’ ‘‘development,’’ operation, a. Guidance or navigation systems, not Related Definitions: N/A installation, maintenance, repair, overhaul, elsewhere specified on the USML, that are Items: or refurbishing of commodities or software ‘‘specially designed’’ for a defense article on a. ‘‘Software’’ ‘‘specially designed’’ for the enumerated in ECCNs 3A611.y or 3D611.y. the USML or for a 600 series item. ‘‘development,’’ ‘‘production,’’ operation, or * * * * * b. to w. [Reserved] maintenance of commodities controlled by x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ ■ ECCN 3A611 (other than 3A611.y) and 5. On page 23467, in the second and ‘‘attachments,’’ including 3B611. column, instruction 20 and its accelerometers, gyros, angular rate sensors, b. ‘‘Software’’ ‘‘specially designed’’ for the corresponding amendment text are gravity meters (gravimeters), and inertial ‘‘development,’’ ‘‘production,’’ operation or corrected to read as follows: measurement units (IMUs), that are maintenance of technology in ECCN 3E611.b. ■ 20. In Supplement No. 1 to Part 774 ‘‘specially designed’’ for defense articles c. through x. [Reserved] (the Commerce Control List), Category 7, controlled by USML Category XII or items y. ‘‘Software’’ ‘‘specially designed’’ for the ECCNs 7A611, 7D611, and 7E611 are controlled by 7A611, and that are NOT: ‘‘production,’’ ‘‘development,’’ operation or revised to read as follows: 1. Enumerated or controlled in the USML maintenance of commodities enumerated in or elsewhere within ECCN 7A611; ECCNs 3A611.y. 7A611 Military fire control, laser, imaging, 2. Described in ECCNs 6A007, 6A107, * * * * * and guidance equipment, as follows (see 7A001, 7A002, 7A003, 7A101, 7A102 or 3E611 ‘‘Technology’’ ‘‘required’’ for List of Items Controlled). 7A103; or military electronics, as follows (see List License Requirements 3. Elsewhere specified in ECCN 7A611.y or of Items Controlled). 3A611.y. Reason for Control: NS, MT, RS, AT, UN y. Specific ‘‘parts,’’ ‘‘components,’’ License Requirements ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially Reason for Control: NS, RS, AT, UN Country chart designed’’ for a commodity subject to control Control(s) (see Supp. No. 1 to part 738) in this ECCN or a defense article in Category Country Chart XII and not elsewhere specified on the USML Control(s) (see Supp. No. 1 to or in the CCL, as follows, and ‘‘parts,’’ part 738) NS applies to entire NS Column 1. entry except ‘‘components,’’ ‘‘accessories,’’ and NS applies to entire NS Column 1. 7A611.y. ‘‘attachments’’ ‘‘specially designed’’ therefor: entry except MT applies to com- MT Column 1. y.1 [Reserved] 3E611.y. modities in * * * * * RS applies to entire RS Column 1. 7A611.a that meet 7D611 ‘‘Software’’ ‘‘specially designed’’ for entry except or exceed the pa- commodities controlled by 7A611 or 3E611.y. rameters in equipment controlled by 7B611, as RS applies to China, Russia, or 7A103.b or .c. follows (see List of Items Controlled). 3E611.y. Venezuela (see RS applies to entire RS Column 1. § 742.6(a)(7)). entry except License Requirements AT applies to entire AT Column 1. 7A611.y. Reason for Control: NS, MT, RS, AT, UN entry. RS applies to China, Russia, or UN applies to entire See § 746.1(b) for UN 7A611.y. Venezuela (see Country chart entry except controls. § 742.6(a)(7)). Control(s) (see Supp. No. 1 to 3E611.y. AT applies to entire AT Column 1. part 738) entry. List Based License Exceptions (See Part 740 UN applies to entire See § 746.1(b) for UN NS applies to entire NS Column 1. for a Description of All License Exceptions) entry except controls. entry except TSR: N/A 7A611.y. 7D611.y.

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Country chart Country chart Country chart Control(s) (see Supp. No. 1 to Control(s) (see Supp. No. 1 to Control(s) (see Supp. No. 1 to part 738) part 738) part 738)

MT applies to MT Column 1. RS applies to entire RS Column 1. AT applies to entire AT Column 1. 7D611.a ‘‘software’’ entry except entry. ‘‘specially de- 7E611.y. UN applies to entire See § 746.1(b) for UN signed’’ for RS applies to China, Russia, or entry, except controls. 7A611.a commod- 7E611.y. Venezuela (see 8A609.y. ities controlled for § 742.6(a)(7)). MT reasons. AT applies to entire AT Column 1. List Based License Exceptions (See Part 740 for a Description of All License Exceptions) RS applies to entire RS Column 1. entry. entry except UN applies to entire See § 746.1(b) for UN LVS: $1,500 7D611.y. entry except controls. GBS: N/A 7E611.y. RS applies to China, Russia, or Special Conditions for STA 7D611.y. Venezuela (see List Based License Exceptions (See Part 740 § 742.6(a)(7)). STA: (1) Paragraph (c)(1) of License for a Description of All License Exceptions) AT applies to entire AT Column 1. Exception STA (§ 740.20(c)(1) of the EAR) entry. TSR: N/A may not be used for any item in 8A609.a, unless determined by BIS to be eligible for UN applies to entire See § 746.1(b) for UN Special Conditions for STA License Exception STA in accordance with entry except controls. § 740.20(g) (License Exception STA 7D611.y. STA: Paragraph (c)(2) of License Exception STA (§ 740.20(c)(2) of the EAR) may not be eligibility requests for 9x515 and ‘‘600 List Based License Exceptions (See Part 740 used for any technology in 7E611. series’’ items). (2) Paragraph (c)(2) of for a Description of All License Exceptions) License Exception STA (§ 740.20(c)(2) of List of Items Controlled the EAR) may not be used for any item in TSR: N/A Related Controls: Technical data directly 8A609. Special Conditions for STA related to articles enumerated in USML Category XII are subject to the control of List of Items Controlled STA: Paragraph (c)(2) of License Exception USML Category XII(f). Related Controls: (1) Surface vessels of war STA (§ 740.20(c)(2) of the EAR) may not be Related Definitions: N/A and special naval equipment, and technical used for any software in 7D611. data (including software), and services Items: List of Items Controlled directly related thereto, described in 22 a. ‘‘Technology’’ ‘‘required’’ for the CFR part 121, Category VI, Surface Vessels Related Controls: ‘‘Software’’ directly related ‘‘development,’’ ‘‘production,’’ operation, of War and Special Naval Equipment, are to articles enumerated in USML Category installation, maintenance, repair, overhaul, subject to the jurisdiction of the XII is subject of USML paragraph XII(f). or refurbishing of commodities or ‘‘software’’ International Traffic in Arms Regulations. Related Definitions: N/A controlled by ECCN 7A611 (except 7A611.y), (2) See ECCN 0A919 for foreign-made Items: 7B611, or 7D611 (except 7D611.y). ‘‘military commodities’’ that incorporate b. through .x [Reserved] more than a de minimis amount of U.S.- a. ‘‘Software’’ ‘‘specially designed’’ for the y. Specific ‘‘technology’’ ‘‘required’’ for the origin ‘‘600 series’’ controlled content. (3) ‘‘development,’’ ‘‘production,’’ operation, or ‘‘production,’’ ‘‘development,’’ operation, For controls on diesel engines and electric maintenance of commodities controlled by installation, maintenance, repair, or overhaul motors that are ‘‘subject to the EAR’’ for ECCNs 7A611 (except 7A611.y) or 7B611. of commodities or software controlled by surface vessels of war ‘‘subject to the EAR’’ b. to x. [Reserved] ECCNs 7A611.y or 7D611.y. or ‘‘subject to the ITAR,’’ see ECCN y. Specific ‘‘software’’ ‘‘specially designed’’ * * * * * 8A992.g. For diesel engines and electric for the ‘‘development,’’ ‘‘production,’’ motors for surface vessels of war ‘‘subject ■ operation, or maintenance of commodities 7. On page 23467, in the third column, to the ITAR,’’ see 22 CFR part 121, described in 7A611.y. instruction 21 and its corresponding Category VI(c) for parts, components, amendment text are corrected to read as * * * * * accessories, and attachments, ‘‘specially follows: designed’’ for developmental vessels 7E611 ‘‘Technology’’ ‘‘required’’ for the ■ 21. In Supplement No. 1 to Part 774 funded by the Department of Defense via ‘‘development,’’ ‘‘production,’’ contract or other funding authorization. (4) operation, installation, maintenance, (the Commerce Control List), Category 8, ECCNs 8A609, 8A620, 8D609, 8D620, For controls on military gas turbine repair, overhaul or refurbishing of engines and related items for vessels of commodities controlled by 7A611, 8E609, and 8E620 are revised to read as follows: war, see ECCN 9A619. (4) For controls on commodities controlled by 7B611, or military gas turbine engines and related software controlled by 7D611, as follows 8A609 Surface vessels of war and related items for vessels of war, see ECCN 9A619. (see List of Items Controlled). commodities (see List of Items Related Definitions: N/A License Requirements Controlled). Items: Reason for Control: NS, MT, RS, AT, UN License Requirements a. Surface vessels of war ‘‘specially designed’’ for a military use and not Reason for Control: NS, RS, AT, UN enumerated or otherwise described in the Country chart USML. Control(s) (see Supp. No. 1 to Country chart part 738) Control(s) (see Supp. No. 1 to Note 1: 8A609.a includes: (i) Underway part 738) replenishment ships; (ii) surface vessel and NS applies to entire NS Column 1. submarine tender and repair ships, except entry except NS applies to entire NS Column 1. vessels that are ‘‘specially designed’’ to 7E611.y. entry, except support naval nuclear propulsion plants; (iii) MT applies to ‘‘tech- MT Column 1. 8A609.y. non-submersible submarine rescue ships; (iv) nology’’ in 7E611.a RS applies to entire RS Column 1. other auxiliaries (e.g., AGDS, AGF, AGM, if ‘‘required’’ for entry, except AGOR, AGOS, AH, AP, ARL, AVB, AVM, and items controlled for 8A609.y. AVT); (v) amphibious warfare craft, except MT reasons in RS applies to China, Russia, or those that are armed; and (vi) unarmored 7A611.a, 7B611.a, 8A609.y. Venezuela (see and unarmed coastal, patrol, roadstead, and or 7D611.a. § 742.6(a)(7)). Coast Guard and other patrol craft with

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mounts or hard points for firearms of .50 8A620 Submersible vessels, oceanographic a. Submersible and semi-submersible caliber or less. and associated commodities (see List of vessels ‘‘specially designed’’ for a military Items Controlled). use and not enumerated or otherwise Note 2: For purposes of paragraph .a, described in the USML. surface vessels of war includes vessels License Requirements Note: 8A620.a includes submarine rescue ‘‘specially designed’’ for military use that are Reason for Control: NS, RS, AT, UN not identified in paragraph (a) of ITAR vehicles and Deep Submergence Vehicles (DSV). § 121.15, including any demilitarized vessels, Country chart regardless of origin or designation, Control(s) (see Supp. No. 1 to b. Submersible and semi-submersible manufactured prior to 1950 and that have part 738) vessels ‘‘specially designed’’ for cargo not been modified since 1949. For purposes transport and ‘‘parts,’’ ‘‘components,’’ of this note, the term modified does not NS applies to entire NS Column 1. ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially include incorporation of safety features entry, except designed’’ therefor. required by law, cosmetic changes (e.g., 8A620. b and .y. c. Harbor entrance detection devices different paint), or the addition of ‘‘parts’’ or RS applies to entire RS Column 1. (magnetic, pressure, and acoustic) and ‘‘components’’ available prior to 1950. entry, except controls therefor, not elsewhere specified on 8A620.y. the USML or the CCL. b. Non-magnetic diesel engines with a d. Diesel engines of 1,500 hp and over with power output of 50 hp or more and either of RS applies to China, Russia, or 8A620.y. Venezuela (see rotary speed of 700 rpm or over ‘‘specially the following: § 742.6(a)(7)). designed’’ for submarines. b.1. Non-magnetic content exceeding 25% AT applies to entire AT Column 1. of total weight; or Note: Propulsion systems not specified in entry. ECCN 8A620.d that are ‘‘specially designed’’ b.2. Non-magnetic parts other than UN applies to entire See § 746.1(b) for UN for an article controlled by USML Category crankcase, block, head, pistons, covers, end entry, except controls. XX are controlled by USML XX(b) or (c). plates, valve facings, gaskets, and fuel, 8A620.y. lubrication and other supply lines. e. Submarine nets and torpedo nets. c. through w. [Reserved] List Based License Exceptions (See Part 740 f. Diving and underwater swimming x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’ for a Description of All License Exceptions) apparatus specially designed or modified for and ‘‘attachments’’ that are ‘‘specially military use, as follows: LVS: $1,500 f.1. Self-contained diving rebreathers, designed’’ for a commodity enumerated or GBS: N/A otherwise described in ECCN 8A609 (except closed or semi-closed circuit; for 8A609.y) or a defense article enumerated Special Conditions for STA f.2. Underwater swimming apparatus or otherwise described in USML Category VI specially designed for use with the diving STA: (1) Paragraph (c)(1) of License apparatus specified in subparagraph f.1; and not specified elsewhere on the USML, in Exception STA (§ 740.20(c)(1) of the EAR) 8A609.y or 3A611.y. may not be used for any item in 8A620.a N.B.: See also 8A002.q. Note 1: Forgings, castings, and other or .b, unless determined by BIS to be g. through w. [Reserved] unfinished products, such as extrusions and eligible for License Exception STA in x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’ machined bodies, that have reached a stage accordance with § 740.20(g) (License and ‘‘attachments’’ that are ‘‘specially in manufacturing where they are clearly Exception STA eligibility requests for ‘‘600 designed’’ for a commodity enumerated or identifiable by mechanical properties, series’’ end items). (2) Paragraph (c)(2) of otherwise described in ECCN 8A620 (except material composition, geometry, or function License Exception STA (§ 740.20(c)(2) of for 8A620.b or 8A620.y) and not elsewhere as commodities controlled by ECCN 8A609.x the EAR) may not be used for any item in specified on the USML, in 8A620.y or are controlled by ECCN 8A609.x. 8A620. 3A611.y. Note 1: Forgings, castings, and other Note 2: ‘‘Parts,’’ ‘‘components,’’ List of Items Controlled unfinished products, such as extrusions and ‘‘accessories’’ and ‘‘attachments’’ specified in Related Controls: (1) Submersible vessels, machined bodies, that have reached a stage USML subcategory VI(f) are subject to the oceanographic and associated equipment, in manufacturing where they are clearly controls of that paragraph. ‘‘Parts,’’ and technical data (including software), identifiable by mechanical properties, ‘‘components,’’ ‘‘accessories,’’ and and services directly related thereto, material composition, geometry, or function ‘‘attachments’’ specified in ECCN 8A609.y described in 22 CFR part 121, Category XX, as commodities controlled by ECCN 8A620.x are subject to the controls of that paragraph. Submersible Vessels, Oceanographic and are controlled by ECCN 8A620.x. y. Specific ‘‘parts,’’ ‘‘components,’’ Associated Equipment, are subject to the ‘‘accessories’’ and ‘‘attachments’’ ‘‘specially jurisdiction of the International Traffic in Note 2: ‘‘Parts,’’ ‘‘components,’’ designed’’ for a commodity subject to control Arms Regulations (ITAR). ‘‘Parts,’’ ‘‘accessories’’ and ‘‘attachments’’ specified in in this ECCN or for a defense article in USML ‘‘components,’’ ‘‘accessories,’’ and ECCN 8A620.y are subject to the controls of Category VI and not elsewhere specified in ‘‘attachments’’ ‘‘specially designed’’ for that paragraph. the USML, as follows, and ‘‘parts,’’ defense articles in USML Category XX are y. Specific ‘‘parts,’’ ‘‘components,’’ ‘‘components,’’ ‘‘accessories,’’ and controlled under USML sub-category ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially ‘‘attachments’’ ‘‘specially designed’’ therefor: XX(c). (2) See ECCN 0A919 for foreign designed’’ for a commodity subject to control y.1. Public address (PA) systems; made ‘‘military commodities’’ that in this ECCN, as follows, and ‘‘parts,’’ y.2. Filters and filter assemblies, hoses, incorporate more than a de minimis ‘‘components,’’ ‘‘accessories,’’ and lines, fittings, couplings, and brackets for amount of U.S.-origin ‘‘600 series’’ ‘‘attachments’’ ‘‘specially designed’’ therefor: pneumatic, hydraulic, oil and fuel systems; controlled content. (3) For controls on y.1. Public address (PA) systems; y.3. Galleys; nonmilitary submersible vehicles, y.2. Filters and filter assemblies, hoses, y.4. Lavatories; oceanographic and associated equipment, lines, fittings, couplings, and brackets for y.5. Magnetic compass, magnetic azimuth see ECCNs 8A001, 8A002, and 8A992. (4) pneumatic, hydraulic, oil and fuel systems; detector; See ECCN 8A609 for controls on y.3. Galleys; y.6. Medical facilities; nonmagnetic diesel engines with a power y.4. Lavatories; y.7. Potable water tanks, filters, valves, output of 50 hp or more and either: (i) y.5. Magnetic compass, magnetic azimuth hoses, lines, fittings, couplings, and brackets; Nonmagnetic content exceeding 25% of detector; y.8. Panel knobs, indicators, switches, total weight; or (ii) non-magnetic parts y.6. Medical facilities; buttons, and dials whether unfiltered or other than crankcase, block, head, pistons, y.7. Potable water tanks, filters, valves, filtered for use with night vision imaging covers, end plates, valve facings, gaskets, hoses, lines, fittings, couplings, and brackets; systems; and fuel, lubrication and other supply y.8. Panel knobs, indicators, switches, y.9. Emergency lighting; lines. buttons, and dials whether unfiltered or y.10. Gauges and indicators; Related Definitions: N/A filtered for use with night vision imaging y.11. Audio selector panels. Items: systems;

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y.9. Emergency lighting; Country chart Country chart y.10. Gauges and indicators; Control(s) (see Supp. No. 1 to Control(s) (see Supp. No. 1 to y.11. Audio selector panels. part 738) part 738) * * * * * NS applies to entire NS Column 1. RS applies to China, Russia, or 8D609 ‘‘Software’’ ‘‘specially designed’’ for entry, except 8E609.y. Venezuela (see the ‘‘development,’’ ‘‘production,’’ 8D620.b and .y. § 742.6(a)(7)). operation or maintenance of RS applies to entire RS Column 1. AT applies to entire AT Column 1. commodities controlled by 8A609, entry, except entry. 8B609, or 8C609 (see List of Items 8D620.y. UN applies to entire See § 746.1(b) for UN Controlled). RS applies to China, Russia, or entry, except controls. 8D620.y. Venezuela (see 8E609.y. License Requirements § 742.6(a)(7)). List Based License Exceptions (See Part 740 Reason for Control: NS, RS, AT, UN AT applies to entire AT Column 1. entry. for a Description of All License Exceptions) Country chart UN applies to entire See § 746.1(b) for UN TSR: N/A Control(s) (see Supp. No. 1 to entry, except controls. part 738) 8D620.y. Special Conditions for STA List Based License Exceptions (See Part 740 STA: Paragraph (c)(2) of License Exception NS applies to entire NS Column 1. for a Description of All License Exceptions) STA (§ 740.20(c)(2) of the EAR) may not be entry, except used for any ‘‘technology’’ in 8E609. 8D609.y. TSR: N/A List of Items Controlled RS applies to entire RS Column 1. Special Conditions for STA entry, except Related Controls: Technical data directly STA: Paragraph (c)(2) of License Exception 8D609.y. related to articles enumerated or otherwise STA (§ 740.20(c)(2) of the EAR) may not be described in USML Category VI are RS applies to China, Russia, or used for any ‘‘software’’ in 8D620. 8D609.y. Venezuela (see controlled under USML Category VI(g). § 742.6(a)(7)). List of Items Controlled Related Definitions: N/A AT applies to entire AT Column 1. Related Controls: (1) ‘‘Software’’ directly Items: entry. related to articles enumerated or otherwise a. ‘‘Technology’’ ‘‘required’’ for the UN applies to entire See § 746.1(b) for UN described in USML Category XX is ‘‘development,’’ ‘‘production,’’ operation, entry, except controls. controlled under USML Category XX(d). (2) installation, maintenance, repair, overhaul, 8D609.y. See ECCN 0A919 for foreign made or refurbishing of commodities controlled by ‘‘military commodities’’ that incorporate ECCN 8A609, 8B609, or 8C609 (except for List Based License Exceptions (See Part 740 more than a de minimis amount of U.S.- for a Description of All License Exceptions) commodities controlled by ECCN 8A609.y), origin ‘‘600 series’’ controlled content. or ‘‘software’’ controlled by ECCN 8D609. Related Definitions: N/A TSR: N/A b. through .x [Reserved] Items: Special Conditions for STA y. Specific ‘‘technology’’ ‘‘required’’ for the a. ‘‘Software’’ ‘‘specially designed’’ for the ‘‘development,’’ ‘‘production,’’ operation, STA: Paragraph (c)(2) of License Exception ‘‘development,’’ ‘‘production,’’ operation, or installation, maintenance, repair, overhaul, STA (§ 740.20(c)(2) of the EAR) may not be maintenance of commodities controlled by or refurbishing of commodities or software in ECCN 8A620 or ECCN 8B620 (except for used for any ‘‘software’’ in 8D609. ECCN 8A609.y or 8D609.y. commodities controlled by ECCN 8A620.b or List of Items Controlled .y or ECCN 8B620.b). 8E620 ‘‘Technology’’ ‘‘required’’ for the ‘‘development,’’ ‘‘production,’’ Related Controls: (1) ‘‘Software’’ directly b. ‘‘Software’’ ‘‘specially designed’’ for the ‘‘development,’’ ‘‘production,’’ operation, or operation, installation, maintenance, related to articles enumerated in USML maintenance of commodities controlled by repair, overhaul, or refurbishing of Category VI is controlled under USML ECCN 8A620.b or ECCN 8B620.b. commodities controlled by 8A620 or Category VI(g). (2) See ECCN 0A919 for c. through .x [Reserved] 8B620, or ‘‘software’’ controlled by foreign made ‘‘military commodities’’ that y. Specific ‘‘software’’ ‘‘specially designed’’ 8D620 (see List of Items Controlled). incorporate more than a de minimis for the ‘‘development,’’ ‘‘production,’’ amount of U.S.-origin ‘‘600 series’’ operation, or maintenance of commodities in License Requirements controlled content. ECCN 8A620.y. Reason for Control: NS, RS, AT, UN Related Definitions: N/A * * * * * Items: 8E609 ‘‘Technology’’ ‘‘required’’ for the Country chart ‘‘development,’’ ‘‘production,’’ Control(s) (see Supp. No. 1 to a. ‘‘Software’’ ‘‘specially designed’’ for the part 738) ‘‘development,’’ ‘‘production,’’ operation, or operation, installation, maintenance, maintenance of commodities controlled by repair, overhaul, or refurbishing of NS applies to entire NS Column 1. commodities controlled by 8A609, ECCN 8A609, ECCN 8B609, or ECCN 8C609 entry, except 8B609, or 8C609, or ‘‘software’’ (except for commodities controlled by ECCN 8E620.b and .y. controlled by 8D609 (see List of Items RS applies to entire RS Column 1. 8A609.y). Controlled). b. through .x [Reserved] entry, except y. Specific ‘‘software’’ ‘‘specially designed’’ License Requirements 8E620.y. for the ‘‘development,’’ ‘‘production,’’ Reason for Control: NS, RS, AT, UN RS applies to China, Russia, or operation, or maintenance of commodities in 8E620.y. Venezuela (see ECCN 8A609.y. Country chart § 742.6(a)(7)). Control(s) (see Supp. No. 1 to AT applies to entire AT Column 1. 8D620 ‘‘Software’’ ‘‘specially designed’’ for part 738) entry. the ‘‘development,’’ ‘‘production,’’ UN applies to entire See § 746.1(b) for UN operation, or maintenance of NS applies to entire NS Column 1. entry, except controls. commodities controlled by 8A620 or entry, except 8E620.y. 8B620 (see List of Items Controlled). 8E609.y. RS applies to entire RS Column 1. List Based License Exceptions (See Part 740 License Requirements entry, except for a Description of All License Exceptions) Reason for Control: NS, RS, AT, UN 8E609.y. TSR: N/A

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Special Conditions for STA Country chart ‘‘space-qualified’’ items, 7A004 and 7A104 STA: Paragraph (c)(2) of License Exception Control(s) (see Supp. No. 1 to for star trackers, and 9A004 for the STA (§ 740.20(c)(2) of the EAR) may not be part 738) International Space Station (ISS), the James used for any ‘‘technology’’ in 8E620. Webb Space Telescope (JWST), and MT applies to micro- MT Column 1. ‘‘specially designed’’ ‘‘parts’’ and List of Items Controlled circuits in 9A515.d ‘‘components’’ therefor. See USML Related Controls: Technical data directly and 9A515.e.2 Category XI(c) for controls on ‘‘Monolithic related to articles enumerated or otherwise when ‘‘usable in’’ Microwave Integrated Circuit’’ (‘‘MMIC’’) described in USML Category XX are ‘‘missiles’’ for pro- amplifiers that are ‘‘specially designed’’ for controlled under USML Category XX(d). tecting ‘‘missiles’’ defense articles. See ECCN 9A610.g for Related Definitions: N/A against nuclear ef- pressure suits used for high altitude Items: fects (e.g., Electro- aircraft. magnetic Pulse Related Definitions: ‘Microcircuit’ means a a. ‘‘Technology’’ ‘‘required’’ for the (EMP), X-rays, device in which a number of passive or ‘‘development,’’ ‘‘production,’’ operation, combined blast and active elements are considered as installation, maintenance, repair, overhaul, thermal effects). indivisibly associated on or within a or refurbishing of commodities controlled by MT also applies to continuous structure to perform the ECCN 8A620 or 8B620 or ‘‘software’’ 9A515.h when the function of a circuit. controlled by ECCN 8D620 (except for total impulse ca- Items: commodities controlled by ECCN 8A620.b or pacity is equal to or ‘‘Spacecraft’’ and other items described in .y or ECCN 8B620.b or ‘‘software’’ controlled greater than ECCN 9A515 remain subject to the EAR even by 8D620.b or .y). 8.41x10∧5 newton if exported, reexported, or transferred (in- b. ‘‘Technology’’ ‘‘required’’ for the seconds. country) with defense articles ‘‘subject to the ‘‘development,’’ ‘‘production,’’ operation, AT applies to entire AT Column 1. ITAR’’ integrated into and included therein installation, maintenance, repair, overhaul, entry. as integral parts of the item. In all other or refurbishing of commodities controlled by cases, such defense articles are subject to the ECCN 8A620.b or 8B620.b or ‘‘software’’ License Requirement Note: The Commerce ITAR. For example, a 9A515.a ‘‘spacecraft’’ controlled by ECCN 8D620.b. Country Chart is not used for determining remains ‘‘subject to the EAR’’ even when it c. through .x [Reserved] license requirements for commodities is exported, reexported, or transferred (in- y. Specific ‘‘technology’’ ‘‘required’’ for the classified in ECCN 9A515.a.1, .a.2., .a.3., .a.4, country) with a ‘‘hosted payload’’ described ‘‘development,’’ ‘‘production,’’ operation, and .g. See § 742.6(a)(9), which specifies that in USML Category XV(e)(17) incorporated installation, maintenance, repair, overhaul or such commodities are subject to a worldwide therein. In all other cases, a ‘‘hosted payload’’ refurbishing of commodities or software in license requirement. performing a function described in USML ECCN 8A620.y or 8D620.y. List Based License Exceptions (See Part 740 Category XV(a) always remains a USML item. * * * * * for a Description of All License Exceptions) The removal of the defense article subject to ■ 8. On page 23468, in the third column, the ITAR from the spacecraft is a retransfer LVS: $1,500 under the ITAR and would require an ITAR instruction 22 is removed. GBS: N/A authorization, regardless of the CCL ■ 9. On page 23468, in the third column, Special Conditions for STA authorization the spacecraft is exported instruction 23 and its corresponding under. Additionally, transfer of technical STA: (1) Paragraph (c)(1) of License amendment text are corrected to read as data regarding the defense article subject to Exception STA (§ 740.20(c)(1) of the EAR) the ITAR integrated into the spacecraft would follows: may not be used for ‘‘spacecraft’’ in ECCN ■ 23. In Supplement No. 1 to Part 774 require an ITAR authorization. 9A515.a.1, .a.2, .a.3, or .a.4, or items in a. ‘‘Spacecraft,’’ including satellites, and (the Commerce Control List), Category 9, 9A515.g, unless determined by BIS to be space vehicles, whether designated ECCNs 9A515, 9A610, 9A619, 9B619, eligible for License Exception STA in developmental, experimental, research or 9D515, 9D610, 9D619, 9E515, 9E610, accordance with § 740.20(g) (License scientific, not enumerated in USML Category and 9E619 are revised to read as Exception STA eligibility requests for XV or described in ECCN 9A004.u or .w, that: certain 9x515 and ‘‘600 series’’ items). (2) follows: a.1. Have electro-optical remote sensing License Exception STA may not be used if capabilities and having a clear aperture 9A515 ‘‘Spacecraft’’ and related the ‘‘spacecraft’’ controlled in ECCN greater than 0.35 meters, but less than or commodities, as follows (see List of 9A515.a.1, .a.2, .a.3, or .a.4 contains a equal to 0.50 meters; Items Controlled). separable or removable propulsion system a.2. Have remote sensing capabilities enumerated in USML Category IV(d)(2) or License Requirements beyond NIR (i.e., SWIR, MWIR, or LWIR); USML Category XV(e)(12) and designated a.3. Have radar remote sensing capabilities Reason for Control: NS, RS, MT, AT MT. (3) Paragraph (c)(2) of License (e.g., AESA, SAR, or ISAR) having a center Exception STA (§ 740.20(c)(2) of the EAR) frequency equal to or greater than 1.0 GHz, Country chart may not be used for any item in 9A515. but less than 10.0 GHz and having a Control(s) (see Supp. No. 1 to part 738) List of Items Controlled bandwidth equal to or greater than 100 MHz, but less than 300 MHz; Related Controls: Spacecraft, launch vehicles a.4. Provide space-based logistics, NS applies to entire NS Column 1. and related articles that are enumerated in assembly, or servicing of another entry, except .e the USML, and technical data (including ‘‘spacecraft’’; or and .y. ‘‘software’’) directly related thereto, and all a.5. Are not described in ECCN 9A515.a.1, RS applies to entire RS Column 1. services (including training) directly .a.2, .a.3 or .a.4. entry, except .e related to the integration of any satellite or and .y. spacecraft to a launch vehicle, including Note: ECCN 9A515.a includes commercial RS applies to RS Column 2. both planning and onsite support, or communications satellites, remote sensing 9A515.e. furnishing any assistance (including satellites, planetary rovers, planetary and RS applies to China, Russia, or training) in the launch failure analysis or interplanetary probes, and in-space habitats, 9A515.y, except to Venezuela (see investigation for items in ECCN 9A515.a, not identified in ECCN 9A004 or USML Russia for use in, § 742.6(a)(7)). are ‘‘subject to the ITAR.’’ All other Category XV(a). with, or for the ‘‘spacecraft,’’ as enumerated below and b. Ground control systems and training International Space defined in § 772.1, are subject to the simulators ‘‘specially designed’’ for Station (ISS), in- controls of this ECCN. See also ECCNs telemetry, tracking, and control of the cluding launch to 3A001, 3A002, 3A991, 3A992, 6A002, ‘‘spacecraft’’ controlled in paragraphs the ISS. 6A004, 6A008, and 6A998 for specific 9A004.u or 9A515.a.

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c. [Reserved] 9A515.a.2, 9A515.a.3, or 9A515.a.4 Country chart d. Microelectronic circuits (e.g., integrated ‘‘spacecraft.’’ Control(s) (see Supp. No. 1 to circuits, microcircuits, or MOSFETs) and h. Spacecraft thrusters using bi-propellants part 738) discrete electronic components rated, or mono-propellants that provide thrust certified, or otherwise specified or described equal to or less than 150 lbf (i.e., 667.23 N) NS applies to entire NS Column 1. as meeting or exceeding all the following entry except: vacuum thrust. characteristics and that are ‘‘specially 9A610.b; parts and designed’’ for defense articles, ‘‘600 series’’ i. through w. [RESERVED] components con- items, or items controlled by ECCNs 9A004.v x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’ trolled in 9A610.x if or 9A515: and ‘‘attachments’’ that are ‘‘specially being exported or d.1. A total dose of 5 x 105 Rads (Si) (5 × designed’’ for defense articles controlled by reexported for use 103 Gy (Si)); USML Category XV or items controlled by in an aircraft con- d.2. A dose rate upset threshold of 5 × 108 9A515, and that are NOT: trolled in 9A610.b; Rads (Si)/sec (5 × 106 Gy (Si)/sec); x.1. Enumerated or controlled in the USML and 9A610.y. × d.3. A neutron dose of 1 1014 n/cm2 (1 or elsewhere within ECCNs 9A515 or 9A004; RS applies to entire RS Column 1. MeV equivalent); x.2. Microelectronic circuits and discrete entry except: d.4. An uncorrected single event upset electronic components; 9A610.b; parts and sensitivity of 1 × 10–10 errors/bit/day or less, components con- x.3. Described in ECCNs 7A004 or 7A104; for the CRE` ME–MC geosynchronous orbit, trolled in 9A610.x if x.4. Described in an ECCN containing Solar Minimum Environment for heavy ion being exported or flux; and ‘‘space-qualified’’ as a control criterion (i.e., reexported for use d.5. An uncorrected single event upset 3A001.b.1, 3A001.e.4, 3A002.g.1, 3A991.o, in an aircraft con- sensitivity of 1 × 10–3 errors/part or less for 3A992.b.3, 6A002.a.1, 6A002.b.2, 6A002.d.1, trolled in 9A610.b; a fluence of 1 × 107 protons/cm2 for proton 6A004.c and .d, 6A008.j.1, 6A998.b, or and 9A610.y. energy greater than 50 MeV. 7A003.d.2); RS applies to China, Russia, or e. Microelectronic circuits (e.g., integrated x.5. Microwave solid state amplifiers and 9A610.y. Venezuela (see circuits, microcircuits, or MOSFETs) and microwave assemblies (refer to ECCN § 742.6(a)(7)). discrete electronic components that are rated, 3A001.b.4 for controls on these items); MT applies to MT Column 1. certified, or otherwise specified or described x.6. Travelling wave tube amplifiers (refer 9A610.t, .u, .v, and as meeting or exceeding the characteristics in to ECCN 3A001.b.8 for controls on these .w. either paragraph e.1 or e.2, AND ‘‘specially AT applies to entire AT Column 1. items); or designed’’ for defense articles controlled by entry. x.7. Elsewhere specified in ECCN 9A515.y. USML Category XV or items controlled by UN applies to entire See § 746.1(b) for UN ECCNs 9A004.u or 9A515: Note to 9A515.x: ‘‘Parts,’’ ‘‘components,’’ entry except controls. e.1. A total dose ≥1 × 105 Rads (Si) (1 × ‘‘accessories,’’ and ‘‘attachments’’ specified 9A610.y. 103 Gy(Si)) and <5 × 105 Rads (Si) (5 × 103 in USML subcategory XV(e) or enumerated in List Based License Exceptions (See Part 740 Gy(Si)); and a single event effect (SEE) (i.e., other USML categories are subject to the for a Description of All License Exceptions) single event latchup (SEL), single event controls of that paragraph or category. burnout (SEB), or single event gate rupture LVS: $1,500 y. Items that would otherwise be within (SEGR)) immunity to a linear energy transfer GBS: N/A (LET) ≥80 MeV-cm2/mg; or the scope of ECCN 9A515.x but that have e.2. A total dose ≥5 × 105 Rads (Si) (5 × been identified in an interagency-cleared Special Conditions for STA 103 Gy (Si)) and not described in 9A515.d. commodity classification (CCATS) pursuant STA: (1) Paragraph (c)(1) of License Note 1 to 9A515.d and .e: Application to § 748.3(e) as warranting control in Exception STA (§ 740.20(c)(1) of the EAR) specific integrated circuits (ASICs), 9A515.y. may not be used for any item in 9A610.a integrated circuits developed and produced y.1. Discrete electronic components not (i.e., ‘‘end item’’ military aircraft), unless for a specific application or function, specified in 9A515.e; determined by BIS to be eligible for specifically designed or modified for defense y.2. Space grade or for spacecraft License Exception STA in accordance with articles and not in normal commercial use applications thermistors; § 740.20(g) (License Exception STA are controlled by Category XI(c) of the USML y.3. Space grade or for spacecraft eligibility requests for 9x515 and ‘‘600 regardless of characteristics. applications RF microwave bandpass ceramic series’’ items). (2) Paragraph (c)(2) of Note 2 to 9A515.d and .e: See 3A001.a for filters (Dielectric Resonator Bandpass License Exception STA (§ 740.20(c)(2) of the EAR) may not be used for any item in controls on radiation-hardened Filters); 9A610. microelectronic circuits ‘‘subject to the EAR’’ y.4. Space grade or for spacecraft that are not controlled by 9A515.d or applications hall effect sensors; List of Items Controlled 9A515.e. y.5. Space grade or for spacecraft Related Controls: (1) Military aircraft and f. Pressure suits (i.e., space suits) capable applications subminiature (SMA and SMP) related articles that are enumerated in of operating at altitudes 55,000 feet above sea plugs and connectors, TNC plugs and cable USML Category VIII, and technical data level. and connector assemblies with SMA plugs (including software) directly related g. Remote sensing components ‘‘specially thereto, are subject to the ITAR. (2) See designed’’ for ‘‘spacecraft’’ described in and connectors; and ECCN 0A919 for controls on foreign-made ECCNs 9A515.a.1 through 9A515.a.4 as y.6. Space grade or for spacecraft ‘‘military commodities’’ that incorporate follows: applications flight cable assemblies. more than a de minimis amount of U.S.- g.1. Space-qualified optics (i.e., lens, * * * * * origin ‘‘600 series’’ controlled content. (3) mirror, membrane having active properties 9A610 Military aircraft and related (e.g., adaptive, deformable)) with the largest See USML Category XIX and ECCN 9A619 commodities, other than those for controls on military aircraft gas turbine lateral clear aperture dimension equal to or enumerated in 9A991.a (see List of Items less than 0.35 meters; or with the largest clear engines and related items. Controlled). aperture dimension greater than 0.35 meters Related Definitions: In paragraph .y of this entry, the term ‘fluid’ includes liquids and but less than or equal to 0.50 meters; License Requirements g.2. Optical bench assemblies ‘‘specially gases. designed’’ for ECCN 9A515.a.1, 9A515.a.2, Reason for Control: NS, RS, MT, AT, UN Items: 9A515.a.3, or 9A515.a.4 ‘‘spacecraft;’’ or a. ’Military Aircraft’ ‘‘specially designed’’ g.3. Primary, secondary, or hosted payloads for a military use that are not enumerated in that perform a function of ECCN 9A515.a.1, USML paragraph VIII(a).

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Note 1: For purposes of paragraph .a the u. Apparatus and devices ‘‘specially ‘‘specially designed’’ for a military use, as term ‘military aircraft’ means the LM–100J designed’’ for the handling, control, follows, and ‘‘parts,’’ ‘‘components,’’ aircraft and any aircraft ‘‘specially designed’’ activation and non-ship-based launching of ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially for a military use that are not enumerated in UAVs or drones controlled by either USML designed’’ therefor: USML paragraph VIII(a). The term includes: paragraph VIII(a) or ECCN 9A610.a, and y.1. Aircraft tires; Trainer aircraft; cargo aircraft; utility fixed capable of a range equal to or greater than y.2. Analog gauges and indicators; wing aircraft; military helicopters; 300 km. y.3. Audio selector panels; observation aircraft; military non-expansive Note to paragraph .u: Apparatus and y.4. Check valves for hydraulic and balloons and other lighter than air aircraft; devices ‘‘specially designed’’ for the pneumatic systems; and unarmed military aircraft, regardless of handling, control, activation and non-ship- y.5. Crew rest equipment; origin or designation. Aircraft with based launching of UAVs or drones y.6. Ejection seat mounted survival aids; modifications made to incorporate safety of controlled by either USML paragraph VIII(a) y.7. Energy dissipating pads for cargo (for flight features or other FAA or NTSB or ECCN 9A610.a with a maximum range less pads made from paper or cardboard); modifications such as transponders and air than 300 km are controlled in paragraph .x y.8. Fluid filters and filter assemblies; data recorders are ‘‘unmodified’’ for the of this entry. y.9. Galleys; purposes of this paragraph .a. v. Radar altimeters designed or modified y.10. Fluid hoses, straight and unbent lines Note 2: 9A610.a does not control ’military for use in UAVs or drones controlled by (for a commodity subject to control in this aircraft’ that: either USML paragraph VIII(a) or ECCN entry or defense article in USML Category a. Were first manufactured before 1946; 9A610.a., and capable of delivering at least VIII), and fittings, couplings, clamps (for a b. Do not incorporate defense articles 500 kilograms payload to a range of at least commodity subject to control in this entry or enumerated or otherwise described on the 300 km. defense article in USML Category VIII) and U.S. Munitions List, unless the items are Note to paragraph .v: Radar altimeters brackets therefor; required to meet safety or airworthiness designed or modified for use in UAVs or y.11. Lavatories; standards of a Wassenaar Arrangement drones controlled by either USML paragraph y.12. Life rafts; Participating State; and VIII(a) or ECCN 9A610.a. that are not capable y.13. Magnetic compass, magnetic azimuth c. Do not incorporate weapons enumerated of delivering at least 500 kilograms payload detector; or otherwise described on the U.S. Munitions y.14. Medical litter provisions; List, unless inoperable and incapable of to a range of at least 300 km are controlled in paragraph .x of this entry. y.15. Cockpit or cabin mirrors; being returned to operation. y.16. Passenger seats including palletized b. L–100 aircraft manufactured prior to w.1. Pneumatic hydraulic, mechanical, seats; 2013. electro-optical, or electromechanical flight y.17. Potable water storage systems; c.–d. [Reserved] control systems (including fly-by-wire and y.18. Public address (PA) systems; fly-by-light systems) and attitude control e. Mobile aircraft arresting and engagement y.19. Steel brake wear pads (does not equipment designed or modified for UAVs runway systems for aircraft controlled by include sintered mix or carbon/carbon controlled by either USML paragraph VIII(a) either USML Category VIII(a) or ECCN materials); or ECCN 9A610.a., and capable of delivering 9A610.a. y.20. Underwater locator beacons; at least 500 kilograms payload to a range of f. Pressure refueling equipment and y.21. Urine collection bags/pads/cups/ at least 300 km. equipment that facilitates operations in pumps; confined areas, ‘‘specially designed’’ for Note to paragraph w.1: Pneumatic, y.22. Windshield washer and wiper aircraft controlled by either USML paragraph hydraulic, mechanical, electro-optical, or systems; VIII(a) or ECCN 9A610.a. electromechanical flight control systems y.23. Filtered and unfiltered panel knobs, g. Aircrew life support equipment, aircrew (including fly-by-wire and fly-by-light indicators, switches, buttons, and dials; safety equipment and other devices for systems) and attitude control equipment y.24. Lead-acid and Nickel-Cadmium emergency escape from aircraft controlled by designed or modified for UAVs controlled by batteries; either USML paragraph VIII(a) or ECCN either USML paragraph VIII(a) or ECCN 9A610.a. y.25. Propellers, propeller systems, and 9A610.a., not capable of delivering at least propeller blades used with reciprocating h. Parachutes, paragliders, complete 500 kilograms payload to a range of at least parachute canopies, harnesses, platforms, engines; 300 km are controlled in paragraph .x of this y.26. Fire extinguishers; electronic release mechanisms, ‘‘specially entry. designed’’ for use with aircraft controlled by y.27. Flame and smoke/CO2 detectors; w.2. Flight control servo valves designed or either USML paragraph VIII(a) or ECCN y.28. Map cases; modified for the systems in 9A610.w.1 and 9A610.a, and ‘‘equipment’’ ‘‘specially y.29. ‘Military Aircraft’ that were first designed or modified to operate in a designed’’ for military high altitude manufactured from 1946 to 1955 that do not vibration environment greater than 10g rms parachutists, such as suits, special helmets, incorporate defense articles enumerated or over the entire range between 20Hz and 2 breathing systems, and navigation otherwise described on the U.S. Munitions kHz. equipment. List, unless the items are required to meet i. Controlled opening equipment or Note to paragraph .w: Paragraphs safety or airworthiness standards of a automatic piloting systems, designed for 9A610.w.1. and 9A610.w.2. include the Wassenaar Arrangement Participating State; parachuted loads. systems, equipment and valves designed or and do not incorporate weapons enumerated j. Ground effect machines (GEMS), modified to enable operation of manned or otherwise described on the U.S. Munitions including surface effect machines and air aircraft as unmanned aerial vehicles. List, unless inoperable and incapable of cushion vehicles, ‘‘specially designed’’ for x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ being returned to operation; use by a military. and ‘‘attachments’’ that are ‘‘specially y.30. ‘‘Parts,’’ ‘‘components,’’ k. through s. [Reserved] designed’’ for a commodity enumerated or ‘‘accessories,’’ and ‘‘attachments,’’ other than t. Composite structures, laminates, and otherwise described in ECCN 9A610 (except electronic items or navigation equipment, for manufactures thereof ‘‘specially designed’’ for 9A610.y) or a defense article enumerated use in or with a commodity controlled by for unmanned aerial vehicles controlled or otherwise described in USML Category ECCN 9A610.h; under USML Category VIII(a) with a range VIII and not elsewhere specified on the y.31. Identification plates and nameplates; equal to or greater than 300 km. USML or in 9A610.y, 9A619.y, or 3A611.y. and Note to paragraph .t: Composite structures, y. Specific ‘‘parts,’’ ‘‘components,’’ y.32. Fluid manifolds. laminates, and manufactures thereof ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially 9A619 Military gas turbine engines and ‘‘specially designed’’ for unmanned aerial designed’’ for a commodity subject to control related commodities (see List of Items vehicles controlled under USML Category in this entry, ECCN 9A619, or for a defense Controlled). VIII(a) with a maximum range less than 300 article in USML Categories VIII or XIX and km are controlled in paragraph .x of this not elsewhere specified in the USML or the License Requirements entry. CCL, and other aircraft commodities Reason for Control: NS, RS, AT, UN

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Country chart related cooled structure; cooled augmenters; Country chart Control(s) (see Supp. No. 1 to and cooled nozzles); Control(s) (see Supp. No. 1 to part 738) d. If ‘‘specially designed’’ for gas turbine part 738) engines controlled in 9A619.a, uncooled NS applies to entire NS Column 1. turbine blades, vanes, disks, and tip shrouds; RS applies to entire RS Column 1. entry except e. If ‘‘specially designed’’ for gas turbine entry except 9A619.y. engines controlled in 9A619.a, combustor 9B619.y. RS applies to entire RS Column 1. cowls, diffusers, domes, and shells; RS applies to China, Russia, or entry except f. Engine monitoring systems (i.e., those 9B619.y. Venezuela (see 9A619.y. that conduct prognostics, diagnostics, and § 742.6(a)(7)). RS applies to China, Russia, or monitor health) ‘‘specially designed’’ for gas AT applies to entire AT Column 1. 9A619.y. Venezuela (see turbine engines and components controlled entry. § 742.6(a)(7)). in this ECCN 9A619. UN applies to entire See § 746.1(b) for UN AT applies to entire AT Column 1. g. through w. [RESERVED] entry except controls. entry. x. Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 9B619.y. UN applies to entire See § 746.1(b) for UN and ‘‘attachments’’ that are ‘‘specially entry except controls. List Based License Exceptions (See Part 740 designed’’ for a commodity controlled by this 9A619.y. for a Description of All License Exceptions) ECCN 9A619 (other than ECCN 9A619.c) or LVS: $1,500 List Based License Exceptions (See Part 740 for a defense article enumerated in USML GBS: N/A for a Description of All License Exceptions) Category XIX and not specified elsewhere on LVS: $1,500 the USML or in ECCN 3A611.y, 9A610.y or Special Conditions for STA GBS: N/A 9A619.y. STA: Paragraph (c)(2) of License Exception Note to paragraph .x: ‘‘Parts,’’ Special Conditions for STA STA (§ 740.20(c)(2) of the EAR) may not be ‘‘components,’’ ‘‘accessories,’’ and used for any item in ECCN 9B619. STA: Paragraph (c)(2) of License Exception ‘‘attachments’’ specified in USML STA (§ 740.20(c)(2) of the EAR) may not be subcategory XIX(f) are subject to the controls List of Items Controlled used for any item in ECCN 9A619. of that paragraph. ‘‘Parts,’’ ‘‘components,’’ Related Controls: USML Category XIX(f)(1) List of Items Controlled ‘‘accessories,’’ and ‘‘attachments’’ specified controls ‘‘parts,’’ ‘‘components,’’ in ECCN 3A611.y, 9A610.y or 9A619.y are ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially Related Controls: (1) Military gas turbine subject to the controls of that paragraph. designed’’ for the engines described in engines and related articles that are Category XIX(f)(1), but does not control the enumerated or otherwise described in USML y. Specific ‘‘parts,’’ ‘‘components,’’ commodities enumerated or otherwise Category XIX, and technical data (including ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially described in ECCN 9B619. USML Category software) directly related thereto, are subject designed’’ for a commodity subject to control XIX(f)(2)–(11) controls other engine ‘‘parts,’’ to the jurisdiction of the International Traffic in this entry, ECCN 9A610, or for a defense ‘‘components,’’ ‘‘accessories,’’ ‘‘attachments,’’ in Arms Regulations (ITAR). (2) Gas turbine article in USML Category VIII or Category engines designated 501–D22 are controlled in XIX and not elsewhere specified on the and ‘‘systems.’’ ECCN 9A991.d regardless of the aircraft type USML or in the CCL, and other commodities, Related Definitions: N/A into which they will be installed. (3) See as follows, and ‘‘parts,’’ ‘‘components,’’ Items: ECCN 0A919 for foreign-made ‘‘military ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially a. Test, inspection, and production commodities’’ that incorporate more than a designed’’ therefor: ‘‘equipment’’ ‘‘specially designed’’ for the de minimis amount of U.S.-origin ‘‘600 y.1. Oil tank and reservoirs; ‘‘production,’’ ‘‘development,’’ operation, series’’ controlled content. (4) ‘‘Parts,’’ y.2. Oil lines and tubes; installation, maintenance, repair, overhaul, ‘‘components,’’ ‘‘accessories,’’ and y.3. Fluid hoses, and lines (for a or refurbishing of commodities enumerated ‘‘attachments’’ specified in USML Category commodity subject to control in this entry or or otherwise described in ECCN 9A619 XIX(f) are subject to the controls of that a defense article in USML Category XIX), (except for 9A619.y) or in USML Category paragraph. (5) ‘‘Parts,’’ ‘‘components,’’ fittings, couplings, and brackets therefor; XIX, and ‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ and ‘‘attachments’’ specified y.4. Fluid filters and filter assemblies; ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially in ECCN 9A619.y are subject to the controls y.5. Clamps (for a commodity subject to designed’’ therefor. of that paragraph. control in this entry or a defense article in b. Equipment, cells, or stands ‘‘specially Related Definitions: In paragraph .y of this USML Category XIX); designed’’ for testing, analysis and fault entry, the term ‘fluid’ includes liquids and y.6. Shims; isolation of engines, ‘‘systems,’’ gases. y.7. Identification plates and nameplates; ‘‘components,’’ ‘‘parts,’’ ‘‘accessories,’’ and Items: y.8. Fluid manifolds; and ‘‘attachments’’ enumerated or otherwise a. ‘‘Military Gas Turbine Engines’’ y.9. Check valves for fluid systems. described in ECCN 9A619 (except for ‘‘specially designed’’ for a military use that 9A619.y) on the CCL or in Category XIX on are not controlled in USML Category XIX(a), * * * * * the USML. (b), (c), or (d). 9B619 Test, inspection, and production c. through x. [Reserved] ‘‘equipment’’ and related commodities Note: For purposes of ECCN 9A619.a, the y. Bearing pullers ‘‘specially designed’’ for ‘‘specially designed’’ for the term ‘‘military gas turbine engines’’ means the ‘‘production’’ or ‘‘development’’ of ‘‘development’’ or ‘‘production’’ of gas turbine engines ‘‘specially designed’’ for commodities enumerated or otherwise commodities enumerated or otherwise ‘‘end items’’ enumerated in USML Categories described in ECCN 9A619 (except for VI, VII or VIII or on the CCL under ECCNs described in ECCN 9A619 or USML 9A619.y) or USML Category XIX and ‘‘parts,’’ 0A606, 8A609 or 9A610. Category XIX (see List of Items ‘‘components,’’ ‘‘accessories,’’ and Controlled). b. Digital engine controls (e.g., Full ‘‘attachments’’ ‘‘specially designed’’ therefor. Authority Digital Engine Controls (FADEC) License Requirements * * * * * and Digital Electronic Engine Controls Reason for Control: NS, RS, AT, UN 9D515 ‘‘Software’’ ‘‘specially designed’’ for (DEEC)) ‘‘specially designed’’ for gas turbine the ‘‘development,’’ ‘‘production,’’ engines controlled in this ECCN 9A619. Country chart operation, installation, maintenance, c. If ‘‘specially designed’’ for gas turbine Control(s) (see Supp. No. 1 to repair, overhaul, or refurbishing of engines controlled in 9A619.a, hot section part 738) ‘‘spacecraft’’ and related commodities, components (i.e., combustion chambers and as follows (see List of Items Controlled). liners; high pressure turbine blades, vanes, NS applies to entire NS Column 1. disks and related cooled structure; cooled entry except License Requirements low pressure turbine blades, vanes, disks and 9B619.y. Reason for Control: NS, RS, AT

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Country chart c. [Reserved] a. ‘‘Software’’ (other than software Control(s) (see Supp. No. 1 to d. ‘‘Software’’ ‘‘specially designed’’ for the controlled in paragraphs .b or .y of this entry) part 738) ‘‘development,’’ ‘‘production,’’ operation, ‘‘specially designed’’ for the ‘‘development,’’ failure analysis or anomaly resolution of ‘‘production,’’ operation, or maintenance of NS applies to entire NS Column 1. commodities controlled by ECCN 9A515.d. commodities controlled by ECCN 9A610, entry except e. ‘‘Software’’ ‘‘specially designed’’ for the ECCN 9B610, or ECCN 9C610. 9D515.y. ‘‘development,’’ ‘‘production,’’ operation, b. ‘‘Software’’ ‘‘specially designed’’ for the RS applies to entire RS Column 1. failure analysis or anomaly resolution of ‘‘development’’ or ‘‘production’’ of any of the entry except commodities controlled by ECCN 9A515.e. following: 9D515.y. f. through x. [Reserved] b.1. Static structural members; RS applies to China, Russia, or y. Specific ‘‘software’’ ‘‘specially designed’’ b.2. Exterior skins, removable fairings, non- 9D515.y, except to Venezuela (see for the ‘‘development,’’ ‘‘production,’’ removable fairings, radomes, access doors Russia for use in, § 742.6(a)(7)). operation, or maintenance of commodities and panels, and in-flight opening doors; with, or for the enumerated in ECCN 9A515.y. b.3. Control surfaces, leading edges, International Space trailing edges, and leading edge flap seals; Station (ISS), in- * * * * * b.4. Leading edge flap actuation system cluding launch to 9D610 Software ‘‘specially designed’’ for commodities (i.e., power drive units, rotary the ISS. the ‘‘development,’’ ‘‘production,’’ geared actuators, torque tubes, asymmetry AT applies to entire AT Column 1. operation, or maintenance of military brakes, position sensors, and angle entry. aircraft and related commodities gearboxes) ‘‘specially designed’’ for fighter, controlled by 9A610, equipment attack, or bomber aircraft controlled in USML List Based License Exceptions (See Part 740 controlled by 9B610, or materials Category VIII; for a Description of All License Exceptions) controlled by 9C610 (see List of Items b.5. Engine inlets and ducting; TSR: N/A Controlled). b.6. Fatigue life monitoring systems ‘‘specially designed’’ to relate actual usage to Special Conditions for STA License Requirements the analytical or design spectrum and to STA: (1) Paragraph (c)(1) of License Reason for Control: NS, RS, MT, AT, UN compute amount of fatigue life ‘‘specially Exception STA (§ 740.20(c)(1) of the EAR) designed’’ for aircraft controlled by either may not be used for 9D515.b, .d, or .e. (2) Country chart USML subcategory VIII(a) or ECCN 9A610.a, Paragraph (c)(2) of License Exception STA Control(s) (see Supp. No. 1 to except for Military Commercial Derivative part 738) (§ 740.20(c)(2) of the EAR) may not be used Aircraft; for any ‘‘software’’ in 9D515. NS applies to entire NS Column 1. b.7. Landing gear, and ‘‘parts’’ and List of Items Controlled entry except ‘‘components’’ ‘‘specially designed’’ therefor, ‘‘specially designed’’ for use in aircraft 9D610.y. Related Controls: ‘‘Software’’ directly related weighing more than 21,000 pounds MT applies to soft- MT Column 1. to articles enumerated in USML Category controlled by either USML subcategory ware ‘‘specially de- XV is subject to the control of USML VIII(a) or ECCN 9A610.a, except for Military signed’’ for the op- paragraph XV(f). See also ECCNs 3D001, Commercial Derivative Aircraft; eration, installation, 6D001, 6D002, and 6D991 for controls of b.8. Conformal fuel tanks and ‘‘parts’’ and maintenance, re- specific software ‘‘specially designed’’ for ‘‘components’’ ‘‘specially designed’’ therefor; pair, overhaul, or certain ‘‘space-qualified’’ items. b.9. Electrical ‘‘equipment,’’ ‘‘parts,’’ and refurbishing of Related Definitions: N/A ‘‘components’’ ‘‘specially designed’’ for Items: commodities con- electro-magnetic interference (EMI)—i.e., trolled for MT rea- a. ‘‘Software’’ (other than ‘‘software’’ conducted emissions, radiated emissions, sons in 9A610 or controlled in paragraphs .b, .d, or .e of this conducted susceptibility and radiated 9B610. entry) ‘‘specially designed’’ for the susceptibility—protection of aircraft that RS applies to entire RS Column 1. ‘‘development,’’ ‘‘production,’’ operation, conform to the requirements of MIL–STD– entry except installation, maintenance, repair, overhaul, 461; 9D610.y. or refurbishing of commodities controlled by b.10. HOTAS (Hand-on Throttle and Stick) RS applies to China, Russia, or ECCN 9A515 (except 9A515.d or .e) or controls, HOCAS (Hands on Collective and 9D610.y. Venezuela (see 9B515. Stick), Active Inceptor Systems (i.e., a § 742.6(a)(7)). b. ‘‘Source code’’ that: combination of Active Side Stick Control b.1. Contains the algorithms or control AT applies to entire AT Column 1. Assembly, Active Throttle Quadrant principles (e.g., for clock management), entry. Assembly, and Inceptor Control Unit), rudder precise orbit determination (e.g., for UN applies to entire See § 746.1(b) for UN pedal assemblies for digital flight control ephemeris or pseudo range analysis), signal entry except controls. systems, and parts and components construct (e.g., pseudo-random noise (PRN) 9D610.y. ‘‘specially designed’’ therefor; anti-spoofing) ‘‘specially designed’’ for items controlled by ECCN 9A515; List Based License Exceptions (See Part 740 b.11. Integrated Vehicle Health b.2. Is ‘‘specially designed’’ for the for a Description of All License Exceptions) Management Systems (IVHMS), Condition Based Maintenance (CBM) Systems, and integration, operation, or control of items TSR: N/A controlled by ECCN 9A515; Flight Data Monitoring (FDM) systems; b.3. Contains algorithms or modules Special Conditions for STA b.12. Equipment ‘‘specially designed’’ for ‘‘specially designed’’ for system, subsystem, STA: (1) Paragraph (c)(1) of License system prognostic and health management of component, part, or accessory calibration, Exception STA (§ 740.20(c)(1) of the EAR) aircraft; manipulation, or control of items controlled may not be used for 9D610.b. (2) Paragraph b.13. Active Vibration Control Systems; or by ECCN 9A515; (c)(2) of License Exception STA b.14. Self-sealing fuel bladders ‘‘specially b.4. Is ‘‘specially designed’’ for data (§ 740.20(c)(2) of the EAR) may not be used designed’’ to pass a .50 caliber or larger assemblage, extrapolation, or manipulation of for any software in 9D610. gunfire test (MIL–DTL–5578, MIL–DTL– items controlled by ECCN 9A515; 27422). b.5. Contains the algorithms or control List of Items Controlled c. to x. [Reserved] laws ‘‘specially designed’’ for attitude, Related Controls: Software directly related to y. Specific ‘‘software’’ ‘‘specially designed’’ position, or flight control of items controlled articles enumerated or otherwise described for the ‘‘development,’’ ‘‘production,’’ in ECCN 9A515; or in USML Category VIII is subject to the operation, or maintenance of commodities b.6. Is ‘‘specially designed ‘‘for built-in test control of USML paragraph VIII(i). enumerated in ECCN 9A610.y. and diagnostics for items controlled by ECCN Related Definitions: N/A 9D619 Software ‘‘specially designed’’ for 9A515. Items: the ‘‘development,’’ ‘‘production,’’

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operation or maintenance of military b.6. Low pressure turbine ‘‘components’’ which specifies that such ‘‘technology’’ is gas turbine engines and related and ‘‘parts’’ as follows: casings, shafts, disks, subject to a worldwide license requirement. commodities controlled by 9A619, blades, vanes, nozzles, and tip shrouds; equipment controlled by 9B619, or b.7. Augmentor ‘‘components’’ and ‘‘parts’’ List Based License Exceptions (See Part 740 materials controlled by 9C619 (see List as follows: casings, flame holders, spray bars, for a Description of All License Exceptions) of Items Controlled). pilot burners, augmentor fuel controls, flaps TSR: N/A (external, convergent, and divergent), guide License Requirements Special Conditions for STA and syncronization rings, and flame detectors Reason for Control: NS, RS, AT, UN and sensors; STA: (1) Paragraph (c)(1) of License b.8. Mechanical ‘‘components’’ and ‘‘parts’’ Exception STA (§ 740.20(c)(1) of the EAR) Country chart as follows: fuel metering units and fuel pump may not be used for ECCN 9E515.b, .d, .e, Control(s) (see Supp. No. 1 to metering units, valves (fuel throttle, main or .f unless determined by BIS to be part 738) metering, oil flow management), heat eligible for License Exception STA in exchangers (air/air, fuel/air, fuel/oil), debris accordance with § 740.20(g) (License NS applies to entire NS Column 1. monitoring (inlet and exhaust), seals (carbon, Exception STA eligibility requests for entry except labyrinth, brush, balance piston, and knife- certain 9x515 and ‘‘600 series’’ items). (2) 9D619.y. Paragraph (c)(2) of License Exception STA edge), permanent magnetic alternator and RS applies to entire RS Column 1. (§ 740.20(c)(2) of the EAR) may not be used generator, eddy current sensors; entry except for any ‘‘technology’’ in 9E515. b.9. Torquemeter assembly (i.e., housing, 9D619.y. shaft, reference shaft, and sleeve); List of Items Controlled RS applies to China, Russia, or b.10. Digital engine control systems (e.g., 9D619.y. Venezuela (see Related Controls: Technical data directly Full Authority Digital Engine Controls § 742.6(a)(7)). related to articles enumerated in USML (FADEC) and Digital Electronic Engine AT applies to entire AT Column 1. Category XV are subject to the control of Controls (DEEC)) ‘‘specially designed’’ for gas entry. USML paragraph XV(f). See also ECCNs turbine engines controlled in this ECCN; or UN applies to entire See § 746.1(b) for UN 3E001, 3E003, 6E001, and 6E002 for b.11. Engine monitoring systems (i.e., entry except controls. specific ‘‘space-qualified’’ items. See prognostics, diagnostics, and health) 9D619.y. ECCNs 9E001 and 9E002 for technology for ‘‘specially designed’’ for gas turbine engines the International Space Station, the James List Based License Exceptions (See Part 740 and components controlled in this ECCN. Webb Space Telescope (JWST) and ‘‘parts,’’ for a Description of All License Exceptions) c. to x. [RESERVED] ‘‘components,’’ ‘‘accessories,’’ and y. Specific ‘‘software’’ ‘‘specially designed’’ TSR: N/A ‘‘attachments’’ ‘‘specially designed’’ for the ‘‘development,’’ ‘‘production,’’ therefor. See USML category XV(f) for Special Conditions for STA operation, or maintenance of commodities controls on technical data and defense STA: (1) Paragraph (c)(1) of License enumerated in ECCN 9A619.y or 9B619.y. services related to launch vehicle Exception STA (§ 740.20(c)(1) of the EAR) * * * * * integration. may not be used for 9D619.b. (2) Paragraph 9E515 ‘‘Technology’’ ‘‘required’’ for the Related Definitions: N/A (c)(2) of License Exception STA ‘‘development,’’ ‘‘production,’’ Items: (§ 740.20(c)(2) of the EAR) may not be used operation, installation, repair, overhaul, a. ‘‘Technology’’ ‘‘required’’ for the for any software in ECCN 9D619. or refurbishing of ‘‘spacecraft’’ and ‘‘development,’’ ‘‘production,’’ installation, related commodities, as follows (see List repair (including on-orbit anomaly resolution List of Items Controlled of Items Controlled). and analysis beyond established procedures), Related Controls: Software directly related to overhaul, or refurbishing of commodities License Requirements articles enumerated or otherwise described controlled by ECCN 9A515 (except in USML Category XIX is subject to the Reason for Control: NS, MT, RS, AT 9A515.a.1, .a.2, .a.3, .a.4, .b, .d, .e, or .g), control of USML paragraph XIX(g). ECCN 9B515, or ‘‘software’’ controlled by Related Definitions: N/A Country chart ECCN 9D515.a. Items: Control(s) (see Supp. No. 1 to b. ‘‘Technology’’ ‘‘required’’ for the part 738) a. ‘‘Software’’ (other than software ‘‘development,’’ ‘‘production,’’ failure analysis or anomaly resolution of software controlled in paragraph .b of this entry) NS applies to entire NS Column 1. ‘‘specially designed’’ for the ‘‘development,’’ controlled by ECCN 9D515.b. entry except c. [Reserved] ‘‘production,’’ operation, or maintenance of 9E515.y. commodities controlled by ECCN 9A619 d. ‘‘Technology’’ ‘‘required’’ for the MT applies to tech- MT Column 1. ‘‘development,’’ ‘‘production,’’ operation, (except 9A619.y), ECCN 9B619 (except nology for items in 9B619.y), or ECCN 9C619. failure analysis or anomaly resolution of 9A515.d, commodities controlled by ECCN 9A515.d. b. ‘‘Software’’ ‘‘specially designed’’ for the 9A515.e.2, and e. ‘‘Technology’’ ‘‘required’’ for the ‘‘development’’ or ‘‘production’’ of any of the 9B515.a controlled ‘‘development,’’ ‘‘production,’’ failure following: for MT reasons. analysis or anomaly resolution of b.1. Front, turbine center, and exhaust RS applies to entire RS Column 1. commodities controlled by ECCN 9A515.e. frames; entry except f. ‘‘Technology’’ ‘‘required’’ for the b.2. Low pressure compressor (i.e., fan) 9E515.y. ‘‘development,’’ ‘‘production,’’ installation, ‘‘components’’ and ‘‘parts’’ as follows: nose RS applies to China, Russia, or repair (including on-orbit anomaly resolution cones, casings, blades, vanes, spools, 9E515.y, except to Venezuela (see and analysis beyond established procedures), shrouds, blisks, shafts and disks; Russia for use in, § 742.6(a)(7)). overhaul, or refurbishing of commodities b.3. High pressure compressor with, or for the controlled by ECCN 9A515.a.1, .a.2, .a.3, .a.4, ‘‘components’’ and ‘‘parts’’ as follows: International Space or .g. casings, blades, vanes, spools, shrouds, Station (ISS), in- g. through x. [Reserved] blisks, shafts, disks, and impellers; cluding launch to y. Specific ‘‘technology’’ ‘‘required’’ for the b.4. Combustor ‘‘components’’ and ‘‘parts’’ the ISS. ‘‘production,’’ ‘‘development,’’ operation, as follows: casings, fuel nozzles, swirlers, AT applies to entire AT Column 1. installation, maintenance, repair, overhaul, swirler cups, deswirlers, valve injectors, entry. or refurbishing of commodities or software igniters, diffusers, liners, chambers, enumerated in ECCN 9A515.y or 9D515.y. cowlings, domes and shells; License Requirement Note: The Commerce Note 1: [RESERVED] b.5. High pressure turbine ‘‘components’’ Country Chart is not used for determining and ‘‘parts’’ as follows: casings, shafts, disks, license requirements for ‘‘technology’’ Note 2: Activities and technology/technical blades, vanes, nozzles, and tip shrouds; classified ECCN 9E515.f. See § 742.6(a)(9), data directly related to or required for the

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spaceflight (e.g., sub-orbital, orbital, lunar, Country chart the analytical or design spectrum and to interplanetary, or otherwise beyond Earth Control(s) (see Supp. No. 1 to compute amount of fatigue life ‘‘specially orbit) passenger or participant experience, part 738) designed’’ for aircraft controlled by either regardless of whether the passenger or USML subcategory VIII(a) or ECCN 9A610.a, MT applies to ‘‘tech- MT Column 1. except for Military Commercial Derivative participant experience is for space tourism, nology’’ ‘‘required’’ Aircraft; scientific or commercial research, for the ‘‘develop- b.7. Landing gear, and ‘‘parts’’ and commercial manufacturing/production ment,’’ ‘‘produc- ‘‘components’’ ‘‘specially designed’’ therefor, activities, educational, media, or commercial tion,’’ operation, in- ‘‘specially designed’’ for use in aircraft transportation purposes, are not subject to stallation, mainte- weighing more than 21,000 pounds the ITAR or the EAR. Such activities and nance, repair, over- controlled by either USML subcategory technology/technical data include those haul, or refur- VIII(a) or ECCN 9A610.a, except for Military directly related to or required for: bishing of commod- Commercial Derivative Aircraft; (i) ‘‘Spacecraft’’ access, ingress, and egress, ities or software b.8. Conformal fuel tanks and ‘‘parts’’ and including the operation of all ‘‘spacecraft’’ controlled for MT ‘‘components’’ ‘‘specially designed’’ therefor; b.9. Electrical ‘‘equipment,’’ ‘‘parts,’’ and doors, hatches, and airlocks; reasons in 9A610, 9B610, or 9D610 ‘‘components’’ ‘‘specially designed’’ for (ii) physiological training (e.g., human- electro-magnetic interference (EMI)—i.e., rated centrifuge training or parabolic flights, for MT reasons. AT applies to entire AT Column 1. conducted emissions, radiated emissions, pressure suit or spacesuit training/ entry. conducted susceptibility and radiated operation); UN applies to entire See § 746.1(b) for UN susceptibility—protection of aircraft that (iii) medical evaluation or assessment of entry except controls. conform to the requirements of MIL–STD– the spaceflight passenger or participant; 9E610.y. 461; (iv) training for and operation by the b.10. HOTAS (Hand-on Throttle and Stick) passenger or participant of health and safety List Based License Exceptions (See Part 740 controls, HOCAS (Hands on Collective and related hardware (e.g., seating, for a Description of All License Exceptions) Stick), Active Inceptor Systems (i.e., a combination of Active Side Stick Control environmental control and life support, TSR: N/A Assembly, Active Throttle Quadrant hygiene facilities, food preparation, exercise Special Conditions for STA Assembly, and Inceptor Control Unit), rudder equipment, fire suppression, STA: (1) Paragraph (c)(1) of License pedal assemblies for digital flight control communications equipment, safety-related Exception STA (§ 740.20(c)(1) of the EAR) systems, and parts and components clothing or headgear) or emergency may not be used for 9E610.b. (2) Paragraph ‘‘specially designed’’ therefor; procedures; (c)(2) of License Exception STA b.11. Integrated Vehicle Health (v) viewing of the interior and exterior of (§ 740.20(c)(2) of the EAR) may not be used Management Systems (IVHMS), Condition the spacecraft or terrestrial mock-ups; for any technology in 9E610. Based Maintenance (CBM) Systems, and (vi) observing ‘‘spacecraft’’ operations (e.g., Flight Data Monitoring (FDM) systems; List of Items Controlled pre-flight checks, landing, in-flight status); b.12. Equipment ‘‘specially designed’’ for (vii) training in ‘‘spacecraft’’ or terrestrial Related Controls: Technical data directly system prognostic and health management of aircraft; mock-ups for connecting to or operating related to articles enumerated or otherwise b.13. Active Vibration Control Systems; passenger or participant equipment used for described in USML Category VIII are subject to the control of USML paragraph b.14. Self-sealing fuel bladders ‘‘specially purposes other than operating the VIII(i). designed’’ to pass a .50 caliber or larger ‘‘spacecraft’’; or Related Definitions: N/A gunfire test (MIL–DTL–5578, MIL–DTL– (viii) donning, wearing or utilizing the Items: 27422); or passenger’s or participant’s flight suit, a. ‘‘Technology’’ (other than technology b.15. Technology ‘‘required’’ for the pressure suit or spacesuit, and personal controlled by paragraphs .b or .y of this ‘‘development’’ or ‘‘production’’ of ‘‘parts’’ or equipment. entry) ‘‘required’’ for the ‘‘development,’’ ‘‘components’’ controlled in 9A610.x and ‘‘specially designed’’ for damage or failure- * * * * * ‘‘production,’’ operation, installation, maintenance, repair, overhaul, or adaptive flight control systems controlled in 9E610 Technology ‘‘required’’ for the refurbishing of commodities or software Category VIII(h)(7) of the USML. ‘‘development,’’ ‘‘production,’’ controlled by ECCN 9A610, 9B610, 9C610, or c. through x. [Reserved] operation, installation, maintenance, 9D610. y. Specific ‘‘technology’’ ‘‘required’’ for the repair, overhaul, or refurbishing of ‘‘production,’’ ‘‘development,’’ operation, Note: ‘‘Build-to-print technology’’ installation, maintenance, repair, overhaul, military aircraft and related ‘‘required’’ for the ‘‘production’’ of items commodities controlled by 9A610, or refurbishing of commodities or software described in paragraphs b.1 through b.15 of enumerated in ECCN 9A610.y or 9D610.y. equipment controlled by 9B610, this entry is classified under 9E610.a. materials controlled by 9C610, or 9E619 ‘‘Technology’’ ‘‘required’’ for the b. ‘‘Technology’’ (other than ‘‘build-to- ‘‘development,’’ ‘‘production,’’ software controlled by 9D610 (see List of print technology’’) ‘‘required’’ for the Items Controlled). operation, installation, maintenance, ‘‘development’’ or ‘‘production’’ of any of the repair, overhaul, or refurbishing of following: License Requirements military gas turbine engines and related b.1. Static structural members; commodities controlled by 9A619, Reason for Control: NS, RS, MT, AT, UN b.2. Exterior skins, removable fairings, non- equipment controlled by 9B619, removable fairings, radomes, access doors materials controlled by 9C619, or Country chart and panels, and in-flight opening doors; software controlled by 9D619 (see List of Control(s) (see Supp. No. 1 to b.3. Control surfaces, leading edges, Items Controlled). part 738) trailing edges, and leading edge flap seals; b.4. Leading edge flap actuation system License Requirements NS applies to entire NS Column 1. commodities (i.e., power drive units, rotary Reason for Control: NS, RS, AT, UN entry except geared actuators, torque tubes, asymmetry 9E610.y. brakes, position sensors, and angle Country chart RS applies to entire RS Column 1. gearboxes) ‘‘specially designed’’ for fighter, Control(s) (see Supp. No. 1 to entry except attack, or bomber aircraft controlled in USML part 738) 9E610.y. Category VIII; RS applies to China, Russia, or b.5. Engine inlets and ducting; NS applies to entire NS Column 1. 9E610.y. Venezuela (see b.6. Fatigue life monitoring systems entry except § 742.6(a)(7)). ‘‘specially designed’’ to relate actual usage to 9E619.y.

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Country chart Note: ‘‘Build-to-print technology’’ c. ‘‘Technology’’ ‘‘required’’ for the Control(s) (see Supp. No. 1 to ‘‘required’’ for the ‘‘production’’ of items ‘‘development’’ or ‘‘production’’ of any of the part 738) described in paragraphs b.1 through b.10 of following: this entry is classified under 9E619.a. c.1. Low pressure compressor (i.e., fan) RS applies to entire RS Column 1. b. ‘‘Technology’’ (other than ‘‘build-to- ‘‘components’’ and ‘‘parts’’ as follows: entry except print technology’’) ‘‘required’’ for the blades, vanes, spools, shrouds, blisks, shafts 9E619.y. ‘‘development’’ or ‘‘production’’ of any of the and disks; RS applies to China, Russia, or c.2. High pressure compressor 9E619.y. Venezuela (see following: b.1. Front, turbine center, and exhaust ‘‘components’’ and ‘‘parts’’ as follows: § 742.6(a)(7)). blades, vanes, spools, shrouds, blisks, shafts, AT applies to entire AT Column 1. frames; b.2. Low pressure compressor (i.e., fan) disks, and impellers; entry. c.3. Combustor ‘‘components’’ and ‘‘parts’’ UN applies to entire See § 746.1(b) ‘‘components’’ and ‘‘parts’’ as follows: Nose as follows: diffusers, liners, chambers, entry except for UN controls. cones and casings; cowlings, domes and shells; 9E619.y. b.3. High pressure compressor ‘‘components’’ and ‘‘parts’’ as follows: c.4. High pressure turbine ‘‘components’’ List Based License Exceptions (See Part 740 Casings; and ‘‘parts’’ as follows: shafts and disks, for a Description of All License Exceptions) b.4. Combustor ‘‘components’’ and ‘‘parts’’ blades, vanes, nozzles, tip shrouds; TSR: N/A as follows: Casings, fuel nozzles, swirlers, c.5. Low pressure turbine ‘‘components’’ swirler cups, deswirlers, valve injectors, and and ‘‘parts’’ as follows: shafts and disks, Special Conditions for STA igniters; blades, vanes, nozzles, tip shrouds; STA: (1) Paragraph (c)(1) of License b.5. High pressure turbine ‘‘components’’ c.6. Digital engine control systems (e.g., Exception STA (§ 740.20(c)(1) of the EAR) and ‘‘parts’’ as follows: Casings Full Authority Digital Engine Controls may not be used for 9E619.b. or .c. (2) b.6. Low pressure turbine ‘‘components’’ (FADEC) and Digital Electronic Engine Paragraph (c)(2) of License Exception STA and ‘‘parts’’ as follows: Casings; Controls (DEEC)) ‘‘specially designed’’ for gas (§ 740.20(c)(2) of the EAR) may not be used b.7. Augmentor ‘‘components’’ and ‘‘parts’’ turbine engines controlled in this ECCN; or for any technology in ECCN 9E619. as follows: Casings, flame holders, spray bars, c.7. Engine monitoring systems (i.e., List of Items Controlled pilot burners, augmentor fuel controls, flaps prognostics, diagnostics, and health) ‘‘specially designed’’ for gas turbine engines Related Controls: Technical data directly (external, convergent, and divergent), guide and syncronization rings, and flame detectors and components controlled in this ECCN. related to articles enumerated or otherwise d. through x. [Reserved] described in USML Category XIX are and sensors; y. Specific ‘‘technology’’ ‘‘required’’ for the subject to the control of USML Category b.8. Mechanical ‘‘components’’ and ‘‘parts’’ ‘‘development,’’ ‘‘production,’’ operation, XIX(g). as follows: Fuel metering units and fuel Related Definitions: N/A pump metering units, valves (fuel throttle, installation, maintenance, repair, overhaul, Items: main metering, oil flow management), heat or refurbishment of commodities controlled by 9A619.y or 9B619.y, or ‘‘software’’ a. ‘‘Technology’’ (other than ‘‘technology’’ exchangers (air/air, fuel/air, fuel/oil), debris controlled by ECCN 9D619.y. controlled by paragraphs .b and .c of this monitoring (inlet and exhaust), seals (carbon, entry) ‘‘required’’ for the ‘‘development,’’ labyrinth, brush, balance piston, and ‘‘knife- Dated: May 1, 2020. ‘‘production,’’ operation, installation, edge’’), permanent magnetic alternator and Matthew S. Borman, maintenance, repair, overhaul, or generator, eddy current sensors; Deputy Assistant Secretary for Export refurbishment of items controlled by ECCN b.9. Torquemeter assembly (i.e., housing, Administration. 9A619 (except 9A619.y), ECCN 9B619 shaft, reference shaft, and sleeve); or (except 9B619.y), ECCN 9C619, or ECCN b.10. Materials controlled by ECCN [FR Doc. 2020–09717 Filed 6–2–20; 8:45 am] 9D619 (except 9D619.y). 9C619.b. BILLING CODE 3510–33–P

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Part III

Environmental Protection Agency

40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants: Engine Test Cells/Stands Residual Risk and Technology Review; Final Rule

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ENVIRONMENTAL PROTECTION the telephone number for the EPA IARC International Agency for Research on AGENCY Docket Center is (202) 566–1742. Cancer IRIS Integrated Risk Information System FOR FURTHER INFORMATION CONTACT: For 40 CFR Part 63 km kilometer questions about this final action, contact MACT maximum achievable control Christopher Werner, Sector Policies and technology [EPA–HQ–OAR–2018–0753; FRL–10006–68– Programs Division (D243–01), Office of OAR] MIR maximum individual risk Air Quality Planning and Standards, NAAQS National Ambient Air Quality RIN 2060–AT01 U.S. Environmental Protection Agency, Standards Research Triangle Park, North Carolina NAICS North American Industry National Emission Standards for 27711; telephone number: (919) 541– Classification System Hazardous Air Pollutants: Engine Test 5133; fax number: (919) 541–4991; and NESHAP national emission standards for email address: werner.christopher@ hazardous air pollutants Cells/Stands Residual Risk and OAQPS Office of Air Quality Planning and Technology Review epa.gov. For specific information Standards regarding the risk modeling OHEA Office of Health and Environmental AGENCY: Environmental Protection methodology, contact Ted Palma, Health Assessment Agency (EPA). and Environmental Impacts Division OMB Office of Management and Budget ACTION: Final rule. (C539–02), Office of Air Quality PB–HAP hazardous air pollutants known to Planning and Standards, U.S. be persistent and bio-accumulative in the SUMMARY: This action finalizes the Environmental Protection Agency, environment residual risk and technology review Research Triangle Park, North Carolina POM polycyclic organic matter (RTR) conducted for the Engine Test 27711; telephone number: (919) 541– REL reference exposure level Cells/Stands source category regulated RFA Regulatory Flexibility Act 5470; fax number: (919) 541–0840; and RfC reference concentration under national emission standards for email address: [email protected]. For hazardous air pollutants (NESHAP). In RfD reference dose information about the applicability of RTR residual risk and technology review addition, we are taking final action on the NESHAP to a particular entity, SSM startup, shutdown, and malfunction amendments to the Engine Test Cells/ contact Sara Ayres, Office of THC total hydrocarbons Stands NESHAP addressing periods of Enforcement and Compliance TOSHI target organ-specific hazard index startup, shutdown, and malfunction Assurance, U.S. Environmental tpy tons per year (SSM). These final amendments also Protection Agency, U.S. EPA Region 5 mg/m3 microgram per cubic meter include provisions regarding electronic (Mail Code R–19J), 77 West Jackson UMRA Unfunded Mandates Reform Act VOC volatile organic compounds reporting, as well as clarifying and Boulevard, Chicago, Illinois 60604; technical corrections. These final telephone number: (312) 353–6266; and Background information. On May 8, amendments will result in improved email address: [email protected]. 2019, the EPA proposed revisions to the compliance and implementation of the SUPPLEMENTARY INFORMATION: Engine Test Cells/Stands NESHAP rule. Preamble acronyms and based on our RTR. In this action, we are DATES: This final rule is effective on abbreviations. We use multiple finalizing decisions and revisions for June 3, 2020. The incorporation by acronyms and terms in this preamble. the rule. We summarize some of the reference (IBR) of certain publications While this list may not be exhaustive, to more significant public comments we listed in the rule was approved by the ease the reading of this preamble and for timely received regarding the proposed Director of the Federal Register as of reference purposes, the EPA defines the rule and provide our responses in this May 27, 2003. following terms and acronyms here: preamble. A summary of all other public ADDRESSES: The U.S. Environmental AAP American Academy of Pediatrics comments on the proposal and the Protection Agency (EPA) has established AEGL acute exposure guideline level EPA’s responses to those comments is a docket for this action under Docket ID APA Administrative Procedure Act available in the document titled No. EPA–HQ–OAR–2018–0753. All ATSDR Agency for Toxic Substances and Summary of Public Comments and documents in the docket are listed on Disease Registry Responses for the Residual Risk and the https://www.regulations.gov/ CAA Clean Air Act Technology Review for Engine Test website. Although listed, some CalEPA California EPA Cells/Stands, which is available in the CBI Confidential Business Information docket for this action (Docket ID No. information is not publicly available, CDC Centers for Disease Control and e.g., Confidential Business Information Prevention EPA–HQ–OAR–2018–0753). A ‘‘track (CBI) or other information whose CDX Central Data Exchange changes’’ version of the regulatory disclosure is restricted by statute. CEDRI Compliance and Emissions Data language that incorporates the changes Certain other material, such as Reporting Interface in this action is available in the docket. copyrighted material, is not placed on CFR Code of Federal Regulations Organization of this document. The the internet and will be publicly CHIEF Clearinghouse for Inventories and information in this preamble is available only in hard copy form. Emissions Factors organized as follows: CHPAC Children’s Health Protection Publicly available docket materials are Advisory Committee I. General Information available either electronically through CO carbon monoxide A. Does this action apply to me? https://www.regulations.gov/, or in hard EPA Environmental Protection Agency B. Where can I get a copy of this document copy at the EPA Docket Center, WJC ERPG Emergency Response Planning and other related information? West Building, Room Number 3334, Guideline C. Judicial Review and Administrative 1301 Constitution Ave. NW, ERT Electronic Reporting Tool Reconsideration Washington, DC. The Public Reading HAP hazardous air pollutant(s) II. Background A. What is the statutory authority for this Room hours of operation are 8:30 a.m. HCl hydrochloric acid HEM–3 Human Exposure Model, Version action? to 4:30 p.m. Eastern Standard Time 1.1.0 B. What is the Engine Test Cells/Stands (EST), Monday through Friday. The HF hydrogen fluoride source category and how does the telephone number for the Public HI hazard index NESHAP regulate HAP emissions from Reading Room is (202) 566–1744, and HQ hazard quotient the source category?

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C. What changes did we propose for the D. Electronic Reporting Requirements for D. Regulatory Flexibility Act (RFA) Engine Test Cells/Stands source category the Engine Test Cells/Stands Source E. Unfunded Mandates Reform Act in our May 8, 2019, proposal? Category (UMRA) III. What is included in this final rule? E. Technical and Editorial Changes for the F. Executive Order 13132: Federalism A. What are the final rule amendments Engine Test Cells/Stands Source G. Executive Order 13175: Consultation based on the risk review for the Engine Category and Coordination With Indian Tribal F. Additional Issue on Which Comment Test Cells/Stands source category? Governments Was Requested: Prior Approval for an B. What are the final rule amendments H. Executive Order 13045: Protection of Aspect of Performance Testing Children From Environmental Health based on the technology review for the V. Summary of Cost, Environmental, and Risks and Safety Risks Engine Test Cells/Stands source Economic Impacts and Additional I. Executive Order 13211: Actions category? Analyses Conducted Concerning Regulations That C. What are the final rule amendments A. What are the affected facilities? Significantly Affect Energy Supply, addressing emissions during periods of B. What are the air quality impacts? Distribution, or Use SSM? C. What are the cost impacts? J. National Technology Transfer and D. What other changes have been made to D. What are the economic impacts? Advancement Act (NTTAA) the NESHAP? E. What are the benefits? K. Executive Order 12898: Federal Actions E. What are the effective and compliance F. What analysis of environmental justice to Address Environmental Justice in dates of the standards? did we conduct? Minority Populations and Low-Income IV. What is the rationale for our final G. What analysis of children’s Populations environmental health did we conduct? decisions and amendments for the L. Congressional Review Act (CRA) VI. Statutory and Executive Order Reviews Engine Test Cells/Stands source A. Executive Orders 12866: Regulatory I. General Information category? Planning and Review and Executive A. Residual Risk Review for the Engine Order 13563: Improving Regulation and A. Does this action apply to me? Test Cells/Stands Source Category Regulatory Review B. Technology Review for the Engine Test B. Executive Order 13771: Reducing Regulated entities. Categories and Cells/Stands Source Category Regulations and Controlling Regulatory entities potentially regulated by this C. SSM for the Engine Test Cells/Stands Costs action are shown in Table 1 of this Source Category C. Paperwork Reduction Act (PRA) preamble.

TABLE 1—NESHAP AND INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS FINAL ACTION

Source category NESHAP NAICS 1 code

Engine Test Facilities...... Engine Test Cells/Stands ... 333120, 333618, 333111, 334312, 336111, 336120, 336112, 336992, 336312, 336350, 54171, 541380, 333611, 336411, 336412, 336414, 92711. 1 North American Industry Classification System.

Table 1 of this preamble is not Additional information is available on reconsider the rule if the person raising intended to be exhaustive, but rather to the RTR website at https:// an objection can demonstrate to the provide a guide for readers regarding www.epa.gov/stationary-sources-air- Administrator that it was impracticable entities likely to be affected by the final pollution/risk-and-technology-review- to raise such objection within the period action for the source category listed. To national-emissions-standards- for public comment or if the grounds for determine whether your facility is hazardous. This information includes such objection arose after the period for affected, you should examine the an overview of the RTR program and public comment (but within the time applicability criteria in the appropriate links to project websites for the RTR specified for judicial review) and if such NESHAP. If you have any questions source categories. objection is of central relevance to the regarding the applicability of any aspect outcome of the rule. Any person seeking C. Judicial Review and Administrative of this NESHAP, please contact the to make such a demonstration should Reconsideration appropriate person listed in the submit a Petition for Reconsideration to preceding FOR FURTHER INFORMATION Under Clean Air Act (CAA) section the Office of the Administrator, U.S. CONTACT section of this preamble. 307(b)(1), judicial review of this final EPA, Room 3000, WJC South Building, action is available only by filing a 1200 Pennsylvania Ave. NW, B. Where can I get a copy of this petition for review in the United States Washington, DC 20460, with a copy to document and other related Court of Appeals for the District of both the person(s) listed in the information? Columbia Circuit (the Court) by August preceding FOR FURTHER INFORMATION In addition to being available in the 3, 2020. Under CAA section 307(b)(2), CONTACT section, and the Associate docket, an electronic copy of this final the requirements established by this General Counsel for the Air and action will also be available on the final rule may not be challenged Radiation Law Office, Office of General internet. Following signature by the separately in any civil or criminal Counsel (Mail Code 2344A), U.S. EPA, EPA Administrator, the EPA will post a proceedings brought by the EPA to 1200 Pennsylvania Ave. NW, copy of this final action at: https:// enforce the requirements. Washington, DC 20460. www.epa.gov/stationary-sources-air- Section 307(d)(7)(B) of the CAA II. Background pollution/engine-test-cellsstands- further provides that only an objection national-emission-standards-hazardous- to a rule or procedure which was raised A. What is the statutory authority for air. Following publication in the with reasonable specificity during the this action? Federal Register, the EPA will post the period for public comment (including Section 112 of the CAA establishes a Federal Register version and key any public hearing) may be raised two-stage regulatory process to address technical documents at this same during judicial review. This section also emissions of hazardous air pollutants website. provides a mechanism for the EPA to (HAP) from stationary sources. In the

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first stage, we must identify categories technology-based standards and revise Engine test cells/stands emit HAP in of sources emitting one or more of the them ‘‘as necessary (taking into account the exhaust gases from combustion of HAP listed in CAA section 112(b) and developments in practices, processes, gaseous and liquid fuels in the engines then promulgate technology-based and control technologies)’’ no less tested. The emission rates and annual NESHAP for those sources. ‘‘Major frequently than every 8 years, pursuant emissions vary based on the size and sources’’ are those that emit, or have the to CAA section 112(d)(6). Under the design of the engines tested, the types potential to emit, any single HAP at a residual risk review, we must evaluate of fuels burned, and the number, type, rate of 10 tons per year (tpy) or more, the risk to public health remaining after and duration of tests performed. Fuels or 25 tpy or more of any combination of application of the technology-based used during testing include, but are not HAP. For major sources, these standards standards and revise the standards, if limited to, biofuels, natural gas, are commonly referred to as maximum necessary, to provide an ample margin propane, gasoline, kerosene, jet fuel, achievable control technology (MACT) of safety to protect public health or to diesel, and various grades of fuel oil. standards and must reflect the prevent, taking into consideration costs, The sources of emissions are the maximum degree of emission reductions energy, safety, and other relevant exhaust gases from combustion of fuels of HAP achievable (after considering factors, an adverse environmental effect. in the engines being tested in the test cost, energy requirements, and non-air The residual risk review is required cells/stands. The primary HAP present quality health and environmental within 8 years after promulgation of the in the exhaust gases from engine test impacts). In developing MACT technology-based standards, pursuant to cells/stands are formaldehyde, benzene, standards, CAA section 112(d)(2) directs CAA section 112(f). In conducting the acetaldehyde, and 1,3-butadiene. the EPA to consider the application of residual risk review, if the EPA The Engine Test Cells/Stands measures, processes, methods, systems, determines that the current standards NESHAP provides the owner or operator or techniques, including, but not limited provide an ample margin of safety to of a new or reconstructed affected to those that reduce the volume of or protect public health, it is not necessary source used in whole or in part for eliminate HAP emissions through to revise the MACT standards pursuant testing internal combustion engines process changes, substitution of to CAA section 112(f).1 For more with rated power of 25 horsepower or materials, or other modifications; information on the statutory authority more and located at a major source of enclose systems or processes to for this rule, see 84 FR 20208, May 8, HAP emissions two compliance options: eliminate emissions; collect, capture, or 2019. (1) Reduce carbon monoxide (CO) or treat HAP when released from a process, total hydrocarbons (THC) emissions in stack, storage, or fugitive emissions B. What is the Engine Test Cells/Stands the exhaust from the new or point; are design, equipment, work source category and how does the reconstructed affected source to 20 parts practice, or operational standards; or NESHAP regulate HAP emissions from per million by volume dry basis or less, any combination of the above. the source category? at 15-percent oxygen content, or (2) For these MACT standards, the statute reduce CO or THC emissions in the The EPA promulgated the Engine Test specifies certain minimum stringency exhaust from the new or reconstructed Cells/Stands NESHAP on May 27, 2003 requirements, which are referred to as affected source by 96 percent or more. (68 FR 28774). The standards are MACT floor requirements, and which If a new or reconstructed affected source codified at 40 CFR part 63, subpart may not be based on cost elects to comply with the percent PPPPP. The engine test facilities considerations. See CAA section reduction emission limitation, the industry consists of facilities that utilize 112(d)(3). For new sources, the MACT affected source must conduct an initial engine test cells/stands for testing of floor cannot be less stringent than the performance test to determine the uninstalled stationary or uninstalled emission control achieved in practice by capture and control efficiencies of the mobile engines. The source category the best-controlled similar source. The equipment and to establish operating covered by this MACT standard MACT standards for existing sources limits to be achieved on a continuous currently includes 59 facilities. can be less stringent than floors for new basis. sources, but they cannot be less As promulgated in 2003, the Engine stringent than the average emission Test Cells/Stands NESHAP applies to C. What changes did we propose for the limitation achieved by the best- engine test cells/stands located at major Engine Test Cells/Stands source performing 12 percent of existing sources of HAP emissions. Because the category in our May 8, 2019, proposal? sources in the category or subcategory NESHAP regulates the testing of On May 8, 2019, the EPA published (or the best-performing five sources for uninstalled stationary or uninstalled a proposed rule in the Federal Register categories or subcategories with fewer mobile engines, it does not regulate the for the Engine Test Cells/Stands than 30 sources). In developing MACT testing of any final product (e.g., NESHAP, 40 CFR part 63, subpart standards, we must also consider automobile, boat, or power generator). PPPPP, that took into consideration the control options that are more stringent Engine test cells/stands are used for RTR analyses. In the proposed rule, we than the floor under CAA section research and development activities proposed: No revisions to the numerical 112(d)(2). We may establish standards (e.g., new model development, emissions limit based on the risk more stringent than the floor, based on endurance testing) and for quality analysis and technology review; to the consideration of the cost of control at engine production facilities. amend provisions addressing periods of achieving the emissions reductions, any More information about this source SSM; to amend provisions regarding non-air quality health and category can be found in the proposal. electronic reporting; and to make certain environmental impacts, and energy See 84 FR 20211, May 8, 2019. clarifying and technical corrections. requirements. III. What is included in this final rule? In the second stage of the regulatory 1 The Court has affirmed this approach of process, the CAA requires the EPA to implementing CAA section 112(f)(2)(A): NRDC v. This action finalizes the EPA’s undertake two different analyses, which EPA, 529 F.3d 1077, 1083 (D.C. Cir. 2008) (‘‘If EPA determinations pursuant to the RTR determines that the existing technology-based we refer to as the technology review and standards provide an ‘ample margin of safety,’ then provisions of CAA section 112 for the the residual risk review. Under the the Agency is free to readopt those standards during Engine Test Cells/Stands source technology review, we must review the the residual risk rulemaking.’’). category. This action also finalizes

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changes to the NESHAP for that source proposal preamble (84 FR 20208, May 8, compliance reports through the EPA’s category, including changes to SSM 2019), the Engine Test Cells/Stands Central Data Exchange (CDX) using the provisions, changes to electronic NESHAP requires that the standards Compliance and Emissions Data reporting requirements, as well as apply at all times (see 40 CFR Reporting Interface (CEDRI). clarifying and technical corrections. 63.9305(a)), consistent with the Court We are also finalizing additional This action also reflects certain decision in Sierra Club v. EPA, 551 F. changes to the NESHAP that address revisions to the May 2019 proposal in 3d 1019 (D.C. Cir. 2008). technical and editorial corrections, as consideration of comments received EPA is finalizing the SSM provisions proposed and as described in section during the public comment period as proposed without setting a separate IV.E of this preamble. standard for startup and shutdown as described in section IV of this preamble. E. What are the effective and discussed in the proposal. See 84 FR compliance dates of the standards? A. What are the final rule amendments 20226, May 8, 2019. based on the risk review for the Engine Further, the EPA is not finalizing The revisions to the MACT standards Test Cells/Stands source category? standards for malfunctions. As being promulgated in this action are This section introduces the final discussed in the May 2019 proposal effective on June 3, 2020. The amendments to the Engine Test Cells/ preamble, the EPA interprets CAA compliance date for existing engine test Stands NESHAP being promulgated section 112 as not requiring emissions cells/stands is December 1, 2020. New pursuant to CAA section 112(f). As that occur during periods of sources, including those that proposed, we are finalizing our finding malfunction to be factored into commenced construction or that risks remaining after development of CAA section 112 reconstruction after May 8, 2019, must implementation of the existing MACT standards, although the EPA has the comply with all of the revisions to the standards for this source category are discretion to set standards for standards immediately upon the acceptable. Similarly, as proposed, we malfunctions where feasible. See 84 FR effective date of this action, June 3, are finalizing the determination that the 20226 (May 8, 2019), for further 2020, or upon startup, whichever is current NESHAP provides an ample discussion of the EPA’s rationale for the later. margin of safety to protect public health, decision not to set standards for For existing affected sources, we are and that a more stringent standard is not malfunctions, as well as a discussion of finalizing two changes, as proposed, necessary to prevent an adverse the actions a source could take in the that would impact ongoing compliance environmental effect. Therefore, we are unlikely event that a source fails to requirements for 40 CFR part 63, not finalizing any revisions to the comply with the applicable CAA section subpart PPPPP. As discussed elsewhere numerical emission limits based on the 112(d) standards as a result of a in this preamble, we are finalizing the analysis conducted under CAA section malfunction event, given that requirement that performance test 112(f), and we are readopting the administrative and judicial procedures results, performance evaluation reports, current standards. for addressing exceedances of the and the semiannual reports using the standards fully recognize that violations new template be submitted B. What are the final rule amendments may occur despite good faith efforts to electronically. We are also finalizing a based on the technology review for the comply and can accommodate those change to the requirements for SSM by Engine Test Cells/Stands source situations. removing the exemption from the category? As is explained in more detail below, requirements to meet the standard We determined that there are no we are finalizing revisions to the during SSM periods and by removing developments in practices, processes, General Provisions table to 40 CFR part the requirement to develop and and control technologies that warrant 63, subpart PPPPP, to eliminate implement an SSM plan, as proposed. revisions to the MACT standards for this requirements that include rule language We have experience with similar source category. Therefore, we are not providing an exemption for periods of industries that have been required to finalizing revisions to the MACT SSM. Additionally, we are finalizing our convert reporting mechanisms, install standards under CAA section 112(d)(6). proposal to eliminate language related necessary hardware, install necessary to SSM that treats periods of startup and software, become familiar with the C. What are the final rule amendments shutdown the same as periods of process of submitting performance test addressing emissions during periods of malfunction, as explained further results electronically through the EPA’s SSM? below. Finally, we are finalizing our CEDRI, test these new electronic We are finalizing the proposed proposal to revise the recordkeeping submission capabilities, reliably employ amendments to the Engine Test Cells/ and reporting requirements as they electronic reporting, and convert Stands NESHAP to remove or revise relate to malfunctions, as further logistics of reporting processes to provisions related to SSM. In its 2008 described below. As discussed in the different time-reporting parameters. decision in Sierra Club v. EPA, 551 F.3d proposal preamble, these revisions are This experience shows that a time 1019 (D.C. Cir. 2008), the Court vacated consistent with the requirement in 40 period of a minimum of 90 days, and portions of two provisions in the EPA’s CFR 63.9305(a) that the standards apply more typically 180 days, is generally CAA section 112 regulations governing at all times. See 84 FR 20228–29, May necessary to successfully complete these the emissions of HAP during periods of 8, 2019. changes. Our experience with similar SSM. Specifically, the Court vacated the industries further shows that this sort of SSM exemption contained in 40 CFR D. What other changes have been made regulated facility generally requires a 63.6(f)(1) and 40 CFR 63.6(h)(1), holding to the NESHAP? time period of 180 days to read and that under section 302(k) of the CAA, Consistent with the proposal, the EPA understand the amended rule emissions standards or limitations must is finalizing the electronic reporting requirements; evaluate their operations be continuous in nature and that the requirements, specifically that owners to ensure that they can meet the SSM exemption violates the CAA’s and operators of engine test cells/stands standards during periods of startup and requirement that some CAA section 112 submit electronic copies of required shutdown as defined in the rule and standards apply continuously. As performance test reports, performance make any necessary adjustments; adjust detailed in section IV.D.1 of the evaluation reports, and semiannual parameter monitoring and recording

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systems to accommodate revisions; and IV. What is the rationale for our final A. Residual Risk Review for the Engine update their operations to reflect the decisions and amendments for the Test Cells/Stands Source Category revised requirements. The EPA Engine Test Cells/Stands source 1. What did we propose pursuant to recognizes the confusion that multiple category? CAA section 112(f) for the Engine Test different compliance dates for Cells/Stands source category? individual requirements would create For each of the issues addressed in and the additional burden such an the proposed rule, this section provides Pursuant to CAA section 112(f), the assortment of dates would impose. From a description of what we proposed and EPA conducted a risk review and our assessment of the timeframe needed what we are finalizing for the issue, the presented the results for the review, along with our proposed decisions for compliance with the entirety of the EPA’s rationale for the final decisions regarding risk acceptability and ample revised requirements, the EPA considers and amendments, and a summary of key margin of safety, in the May 2019 a period of 180 days to be the most public comments and responses. For all proposed rule for the Engine Test Cells/ expeditious compliance period comments not discussed in this preamble, comment summaries, and the Stands source category (84 FR 20208, practicable, and, thus, is finalizing the May 8, 2019). The results of the risk requirement that existing affected EPA’s responses can be found in the comment summary and response assessment are presented briefly in sources be in compliance with all of the Table 2 of this preamble and in more revised requirements of this rule within document titled Summary of Public Comments and Responses for the detail in the residual risk document 180 days of the rule’s effective date. titled Residual Risk Assessment for the Residual Risk and Technology Review Engine Test Cells/Stands Source for Engine Test Cells/Stands, which is Category in Support of the 2020 Risk available in the docket for this action. and Technology Review Final Rule, which is in the docket for this action. TABLE 2—ENGINE TEST CELLS/STANDS INHALATION RISK ASSESSMENT RESULTS

Maximum Population at Annual cancer Maximum chronic Maximum screening individual increased risk incidence noncancer TOSHI 3 acute noncancer HQ 4 cancer risk of cancer (cases per year) (in 1 million) 2 ≥1-in-1 million Based on . . . Number of Based on . . . facilities 1 Based on . . . Based on . . . Actual Allowable Based on actual emissions Actual Allowable Actual Allowable Actual Allowable emissions emissions level emissions emissions emissions emissions emissions emissions level level level level level level level level

59 ...... 20 70 2,700 190,000 0.005 0.02 0.1 0.5 HQREL = 9 (acrolein) HQAEGL¥1 = 0.4 1 Number of facilities evaluated in the risk analysis. 2 Maximum individual excess lifetime cancer risk due to HAP emissions from the source category. 3 Maximum target organ-specific hazard index (TOSHI). The target organ system with the highest TOSHI for the source category is respiratory. The respiratory TOSHI was calculated using the California EPA (CalEPA) chronic reference exposure level (REL) for acrolein. The EPA is in the process of updating the Integrated Risk Information System (IRIS) reference concentration (RfC) for acrolein but did not complete this update prior to signature of this final rule. 4 The maximum estimated acute exposure concentration was divided by available short-term threshold values to develop an array of hazard quotient (HQ) values. HQ values shown use the lowest available acute threshold value, which in most cases is the REL. When an HQ exceeds 1, we also show the HQ using the next low- est available acute dose-response value.

The results of the chronic inhalation reciprocating engine testing. No one is emission rates, approximately 190,000 cancer risk assessment, based on actual exposed to TOSHI levels above 1. people are estimated to have cancer emissions, show the maximum The EPA also evaluated the cancer risks above 1-in-1 million, with 500 of individual excess lifetime cancer risk risk at the maximum emissions allowed those people estimated to have cancer (MIR) posed by the 59 facilities is 20-in- by the MACT standard, or ‘‘MACT- risks above 10-in-1 million. No people 1 million, with benzene, 1,3-butadiene, allowable emissions.’’ Risk results from are estimated to have a noncancer formaldehyde, and acetaldehyde the inhalation risk assessment using the hazard index (HI) above 1. emissions from reciprocating engine MACT-allowable emissions indicate Table 1 of this preamble indicates that testing as the major contributors to the that the cancer MIR is 70-in-1 million for the Engine Test Cells/Stands source risk. The total estimated cancer with benzene, 1,3-butadiene, category, the maximum acute HQ could incidence from this source category is formaldehyde, and acetaldehyde be up to 9, driven by actual emissions 0.005 excess cancer cases per year, or emissions from reciprocating engine of acrolein. To better characterize the one excess case every 200 years. About testing driving the risks, and that the potential health risks associated with 2,700 people are estimated to have maximum chronic noncancer TOSHI estimated worst-case acute exposures to cancer risks greater than or equal to 1- value is 0.5 at the MACT-allowable HAP, and in response to a key in-1 million from HAP emitted by this emissions level with acrolein, recommendation from the Science source category, with 60 of those people acetaldehyde, formaldehyde, and Advisory Board’s peer review of the estimated to have cancer risks above 10- naphthalene emissions from EPA’s RTR risk assessment in-1 million. The maximum chronic reciprocating engine testing driving the methodologies, we examined a wider noncancer target organ-specific hazard TOSHI. The total estimated cancer range of available acute health metrics index (TOSHI) value for the source incidence from this source category than we do for our chronic risk considering allowable emissions is assessments. This is in category is 0.1 (respiratory) driven by expected to be about 0.02 excess cancer acknowledgement that there are emissions of acrolein, acetaldehyde, cases per year or one excess case every generally more data gaps and formaldehyde, and naphthalene from 50 years. Based on MACT-allowable uncertainties in acute health reference

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values than there are in chronic health PB–HAP (cadmium and mercury) that evaluated for any of the pollutants. For reference values. By definition, the exceeded a Tier 1 noncancer screening lead, we did not estimate any acute REL represents a health-protective threshold emission rate. For facilities exceedances of the secondary lead level of exposure, with effects not that exceeded the Tier 1 multipathway National Ambient Air Quality Standard anticipated below those levels, even for screening threshold emission rate for (NAAQS). For HCl and HF, the average repeated exposures. However, the level one or more PB–HAP, we used modeled concentration around each of exposure that would cause health additional facility site-specific facility (i.e., the average concentration effects is not specifically known. information to perform a Tier 2 of all off-site data points in the Therefore, when an REL is exceeded screening assessment and determined modeling domain) did not exceed any and an Acute Exposure Guideline Level the maximum chronic cancer and ecological benchmark. In addition, each (AEGL–1) or Emergency Response noncancer impacts for the source individual modeled concentration of Planning Guideline (ERPG–1) level is category. Based on the Tier 2 HCl and HF (i.e., each off-site data point available (i.e., levels at which mild, multipathway cancer assessment, the in the modeling domain) was below the reversible effects are anticipated in the arsenic emissions exceeded the Tier 2 ecological benchmarks for all facilities. general public for a single exposure), we screening threshold emission rate by a Based on the results of the typically use them as an additional factor of 2. An exceedance of a environmental risk screening analysis, comparative measure, as they provide screening threshold emission rate in any we do not expect an adverse an upper bound for the threshold level of the tiers cannot be equated with a risk environmental effect as a result of HAP of exposure above which exposed value or an HQ (or HI). Rather, it emissions from this source category. individuals could experience effects. As represents a high-end estimate of what An assessment of risk from facility- the exposure concentration increases the risk or hazard may be. For example, wide emissions was performed to above the acute REL, the potential for a screening threshold emission rate of 2 provide context for the source category effects increases. The highest refined for a non-carcinogen can be interpreted risks. The results of the facility-wide screening acute HQ value was 9 (based to mean that we are confident that the risk assessment for both MACT sources on the acute REL for acrolein). This HQ would be lower than 2. Similarly, a and non-MACT sources (i.e., sources at value includes a refinement of tier screening threshold emission rate of the facility that are not included in the determining the highest HQ value that 30 for a carcinogen means that we are Engine Test Cells/Stands source occurs outside the boundaries of confident that the risk is lower than 30- category) indicate that 23 facilities affected facilities. In this case the in-1 million. Our confidence comes included in the analysis have a facility- highest value (9) occurs adjacent to a from the conservative, or health- wide cancer MIR greater than or equal property boundary in a remote wooded protective, assumptions encompassed in to 1-in-1 million, and 10 of those location. HQ values at all nearby the screening tiers: We choose inputs facilities have a facility-wide cancer residential locations are below 1. As from the upper end of the range of MIR greater than or equal to 10-in-1 noted previously, the highest HQ possible values for the influential million. The maximum facility-wide occurred when the primary source of parameters used in the screening tiers, cancer MIR is 70-in-1 million, mainly the acrolein emissions from turbine and we assume that the exposed driven by emissions of chromium (VI) engine testing operations was modeled individual exhibits ingestion behavior compounds from organic solvent (miscellaneous volatile organic with an hourly emissions multiplier of that would lead to a high total exposure. compounds (VOC)) evaporation. The 9.5 times the annual emissions rate. For The Tier 2 noncancer screening total estimated cancer incidence from further information on the development threshold emission rate for both the whole facility is 0.03 excess cancer of this multiplier, see Appendix 1 of the mercury and cadmium emissions were cases per year, or one excess case every document titled Residual Risk below 1. Thus, based on the Tier 2 33 years. Approximately 190,000 people Assessment for the Engine Test Cells/ results presented above, additional were estimated to have cancer risks Stands Source Category in Support of screening or site-specific assessments above 1-in-1 million from exposure to the 2020 Risk and Technology Review were not deemed necessary. HAP emitted from both MACT and non- Final Rule, which is available in the The EPA also conducted an MACT sources at the 59 facilities in this docket for this action. The analysis also environmental risk screening source category, with 6,800 of those conservatively assumes all emission assessment for the Engine Test Cells/ people estimated to have cancer risks points at the facility impact the same Stands source category for the following above 10-in-1 million. The maximum receptor at the same time. As presented pollutants: Arsenic, cadmium, facility-wide chronic noncancer TOSHI in Table 2, no facilities are estimated to hydrochloric acid (HCl), hydrogen (neurological) for the source category is have an HQ greater than 1 based on an fluoride (HF), lead, mercury (methyl estimated to be less than 1 (at 0.4), AEGL or an ERPG. mercury and mercuric chloride), and mainly driven by emissions of lead Regarding multipathway risk POM. In the Tier 1 screening analysis compounds and hydrogen cyanide from screening, of the 59 facilities in the for PB–HAP (other than lead, which was open burning of rocket propellant (an source category, 21 facilities reported evaluated differently), arsenic and POM industrial solid waste disposal process) emissions of carcinogenic hazardous air emissions had no exceedances of any of and by trichloroethylene emissions from pollutants known to be persistent and the ecological benchmarks evaluated. liquid waste (a general waste treatment bio-accumulative in the environment Divalent mercury, methyl mercury, and process). None of the population around (PB–HAP) (arsenic and polycyclic cadmium emissions had Tier 1 the 59 facilities are exposed to organic matter (POM)), and 23 facilities exceedances at one facility of surface noncancer HI levels above 1, based on reported emissions of non-carcinogenic soil benchmarks by a maximum facility-wide emissions. PB–HAP (cadmium and mercury). Three screening value of 3. A Tier 2 screening To examine the potential for any of these facilities reported emissions of analysis was performed for divalent environmental justice issues that might a carcinogenic PB–HAP (arsenic) that mercury, methyl mercury, and cadmium be associated with the source category, exceeded a Tier 1 cancer screening emissions. In the Tier 2 screening the EPA performed a demographic threshold emission rate, and one facility analysis, there were no exceedances of analysis, which is an assessment of risks reported emissions of non-carcinogenic any of the ecological benchmarks to individual demographic groups of the

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populations living within 5 kilometers 3. What key comments did we receive and the American Academy of (km) and also the populations living on the risk review, and what are our Pediatrics (AAP) acknowledge that no within 50 km of the facilities. In each responses? safe level of lead can be identified. By case, we found that just over 40 percent The EPA received comments in relying on the lead NAAQS rather than of the residents within these distances support of and against the proposed risk conducting an independent risk are classified as minority (compared to review and our proposed determination assessment, the commenter believed the a national minority average of 38 that no revisions are warranted under EPA’s risk assessment for lead was percent of the population). When CAA section 112(f)(2). Comments that inadequate because the EPA had not examining the population exposed to a were not supportive of the risk review assessed the inhalation risks (from cancer MIR at or above 1-in-1 million, were considered at length. breathing) and multipathway risks (from we found that only 10 percent of them Comment: One commenter argued other types of exposure). The are categorized as minorities. Further, that the EPA had failed to quantify and commenter argued that the EPA cannot none of the population around the reduce the health risks posed by lead presume that achieving an ambient air facilities is exposed to a chronic emissions. The commenter noted that concentration of the NAAQS for lead is noncancer TOSHI greater than 1. For engine test cells/stands emit 0.03 tons of sufficient to ensure an acceptable health risk and provide an ‘‘ample margin of more information regarding the lead per year. The commenter noted that safety to protect public health’’ from methodology and the results of the lead is particularly harmful to children lead for CAA section 112(f) purposes. demographic analysis, see the technical and the developing fetus. The The commenter observed that the report titled Risk and Technology commenter was concerned the EPA had not quantified the health risks from lead NAAQS recognizes harm (including the Review-Analysis of Demographic loss of IQ points as an indicator of Factors for Populations Living Near emissions and disagreed with the Agency’s determination that no neurological harm) occurs below the Engine Test Cells/Stands Source level of the NAAQS. Category Operations, which is available individual source is causing an The commenter also noted that the in the docket for this action. exceedance of the NAAQS for Lead. The commenter asserted that EPA must not Children’s Health Protection Advisory The EPA weighed all health risk ignore the health risks lead causes, Committee (CHPAC) has advised the factors in our risk acceptability given that lead is a well-known toxic EPA to lower the lead NAAQS to 0.02 determination, and we proposed that heavy metal with diverse and severe micrograms per cubic meter (mg/m3) the residual risks from this source health impacts for which there is no safe because the 2008 Lead NAAQS ‘‘is category are acceptable. We then level for human exposure. In particular, insufficient to protect children’s considered whether the current the commenter stated that lead is health.’’ The commenter argued that the NESHAP for the source category associated with neurological, current NAAQS addresses air-related provides an ample margin of safety to hematological, and immune effects on population mean IQ loss in excess of 2 protect public health, and whether more children and hematological, points and recognizes that on average stringent standards are necessary to cardiovascular, and renal effects on higher neurological harm is occurring prevent an adverse environmental adults. The commenter also noted that under the 2008 lead NAAQS. The effect, by taking into consideration children are particularly sensitive to the commenter believed that it is likely costs, energy, safety, and other relevant effects of lead, including sensory, motor, harm occurs below the level of the 2008 factors. In determining whether the cognitive, and behavioral impacts. The NAAQS and that it is unacceptable for current standards provide an ample commenter further noted that no safe the EPA to ignore the harm caused by margin of safety to protect public health, blood lead level in children has been lead emissions. The commenter argued we examined the same risk factors that identified; that low levels of lead in that EPA must address and incorporate we investigated for our acceptability blood have been shown to affect IQ and the best currently available information determination and also considered the academic achievement; and that the on children’s exposure, including the costs, technological feasibility, and effects of lead exposure cannot be CHPAC recommendation of lowering 3 other relevant factors related to remedied. According to the commenter, the lead standards to 0.02 mg/m from 3 emission control options that might a recent study found that for every 0.2 the current NAAQS level of 0.15 mg/m . reduce risk associated with emissions micrograms per deciliter (mg/dL) of lead The commenter noted that the CDC has from the source category. We proposed in the blood, an adolescent’s IQ was recognized that there is no safe level for that the 2003 Engine Test Cells/Stands reduced one point. Children residing in lead exposure and uses a reference level NESHAP requirements provide an poverty and black children face higher of 5 mg/dL, while California’s health ample margin of safety to protect public exposures to lead and are consequently benchmark level at which measurable neurological harm can occur is 1.0 mg/ health. Based on the results of our more susceptible to lead’s health dL. The commenter recommended that environmental risk screening impacts. Reproductive effects, such as decreased sperm count in men and the EPA use the Integrated Exposure assessment, we also proposed that more spontaneous abortions in women, have Uptake Biokinetic model for infants and stringent standards are not necessary to been associated with lead exposure. The children and the Adult Lead prevent an adverse environmental commenter noted that the EPA has Methodology for fetus. In addition, the effect. classified lead as a probable human commenter suggested that the EPA 2. How did the risk review change for carcinogen. should update the residual risk the Engine Test Cells/Stands source The commenter disagreed with the assessment for this source category to category? EPA’s use of the 2008 lead NAAQS as include available test data on lead in a benchmark for determining acceptable soil and waterways and to evaluate the Since proposal, neither the risk risk and argued that the EPA’s potential health impacts resulting from assessment nor our determinations assessment of the health risks for lead the emission of lead from each facility. regarding risk acceptability, ample was inadequate. The commenter noted The commenter believes that additional margin of safety, or adverse that the EPA, Centers for Disease monitoring should also be required to environmental effects have changed. Control and Prevention (CDC), CalEPA, ensure that lead emitted from a facility

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is at low enough concentrations such In addition, in reviewing and sustaining With regard to the information that it does not raise an individual’s the primary lead NAAQS, we note that identified by the commenter, much of blood lead level by 1 mg/dL. the Court specifically noted that the this information was similar to Response: The EPA disagrees with the lead NAAQs was targeted to protect information available at the time of the commenter’s assertion that we failed to children living near lead sources: ‘‘EPA 2008 NAAQS decision. For example, in assess risks from either lead or lead explained that the scientific evidence 2005, the CDC recognized the evidence compounds for the Engine Test Cells/ showing the impact of lead exposure in of adverse health effects in children Stands source category. The inhalation young children in the United States led with blood lead levels below 10 mg/dL, risks of lead were assessed using Human it ‘to give greater prominence to and that there is no safe level of blood Exposure Model, Version 1.5.5 (HEM–3) children as the sensitive subpopulation lead in young children.3 The commenter and the RfC values documented in Table in this review’ and to focus its revision also cites a benchmark analysis by 1 of Appendix 8 of the document titled, of the lead NAAQS on the ‘sensitive California EPA OEHHA that was Residual Risk Assessment for the Engine subpopulation that is the group of completed during the time of the last Test Cells/Stands Source Category in children living near [lead emission] review.4 The quantitative relationship Support of the 2019 Risk and sources and more likely to be exposed from this analysis of a correlation of one Technology Review Proposed Rule. The at the level of the standard.’ Given the IQ point change with a 1.0 mg/dL change lead NAAQS was used to assess scientific evidence on which it relied, in blood lead is actually a substantially multipathway risk from lead emissions. the EPA’s decision to base the revised smaller change in IQ per mg/dL blood See 84 FR 20218, May 8, 2019. The lead NAAQS on protecting the subset of lead than the slope of 1.75 IQ points per standard provided the benchmark for children likely to be exposed to airborne mg/dL blood lead used in the evidence- our decision that further assessment of lead at the level of the standard was not based framework that the Administrator health impacts from lead exposure from arbitrary or capricious.’’ Coalition of relied upon in his 2008 decision on a category sources is not necessary and is Battery Recyclers, 604 F. 3d 613, 618 revised level for the lead NAAQS (73 FR an otherwise appropriate use of the (D.C. Cir. 2010). 66964, November 12, 2008). Regarding standard. As noted in the risk assessment the CHPAC recommendation on level We also disagree with the document, there is no reference dose and averaging time referenced by the commenter’s assertion that either the (RfD) or other comparable chronic commenter, this was made to the EPA use of the lead NAAQS does not health benchmark value for lead in January 2015 in the context of the sufficiently protect public health from compounds. In 1988, the EPA’s IRIS current NAAQS review and the same lead emissions from this source category program also reviewed the health effects comment was made and considered in or the setting of the lead NAAQS did data regarding lead and its inorganic the 2008 review that concluded with the current lead NAAQS. not reflect an adequate scientific compounds and determined that it We also disagree with the comment assessment of risk. While recognizing would be inappropriate to develop an that EPA cannot presume that achieving that lead has been demonstrated to exert RfD for these compounds, stating, ‘‘A an ambient air concentration of the ‘‘a broad array of deleterious effects on great deal of information on the health NAAQS for lead is sufficient to ensure multiple organ systems,’’ the lead effects of lead has been obtained acceptable health risk and provide an NAAQS targets the effects associated through decades of medical observation ‘‘ample margin of safety to protect with relatively lower exposures and and scientific research. This information public health’’ from lead for CAA associated blood lead levels, specifically has been assessed in the development of section 112(f) purposes. The EPA nervous system effects in children, air and water quality criteria by the considered the primary NAAQS for including cognitive and Agency’s Office of Health and lead—which incorporates an adequate neurobehavioral effects (73 FR 66976, Environmental Assessment (OHEA) in margin of safety—in determining November 12, 2008). The EPA support of regulatory decision-making whether lead risks (taken together with establishes the NAAQS at a level to by the Office of Air Quality Planning cancer and other noncancer health risks) protect sensitive subpopulations, such and Standards and by the Office of from air-borne lead from engine test as children and pregnant women. The Drinking Water. By comparison to most facilities are acceptable or unacceptable, 2008 decision on the lead NAAQS was other environmental toxicants, the under CAA section 112(f)(2). As informed by an evidence-based degree of uncertainty about the health explained at proposal, ample margin of framework for neurocognitive effects in effects of lead is quite low. It appears safety determinations, under CAA young children. In applying the that some of these effects, particularly section 112(f)(2) are conducted evidence-based framework, the EPA changes in the levels of certain blood separately, in accord with the two-step focused on a subpopulation of U.S. enzymes and in aspects of children’s framework set forth in the Benzene children, those living near air sources neurobehavioral development may NESHAP and NRDC v. EPA (the Vinyl and more likely to be exposed at the occur at blood lead levels so low that a Chloride Decision), 824 F. 2d at 1165, level of the standard; to the same effect.2 threshold has yet to be determined. The 1166 (D.C. Cir. 1987) and NRDC v. EPA, Agency’s RfD Work Group discussed 902 F. 2d 962, 973–74 (D.C. Cir. 1990) 2 See for example, 73 FR 67000/3—‘‘The inorganic lead (and lead compounds) at (distinguishing the NAAQS process, framework in effect focuses on the sensitive two meetings (07/08/1985 and 07/22/ subpopulation that is the group of children living near sources and more likely to be exposed at the 1985) and considered it inappropriate to 3 CDC (2005), Preventing Lead Poisoning in level of the standard. The evidence-based develop an RfD for inorganic lead.’’ Young Children: A Statement by the Centers for framework estimates a mean air-related IQ loss for The EPA’s IRIS assessment for lead Disease Control and Prevention. August 2005. this subpopulation of children; it does not estimate https://www.cdc.gov/nceh/lead/publications/ a mean for all U.S. children’’; see also 73 FR 67005/ and lead compounds (inorganic) prevleadpoisoning.pdf. 1—‘‘the air-related IQ loss framework provides (CASRN 7439–92–1) can be found at: 4 Carlisle, J. and K. Dowling. Development of estimates for the mean air-related IQ loss of a subset https://www.epa.gov/iris/subst/ health criteria for school site risk assessment of the population of U.S. children, and there are 0277.htm. pursuant to health and safety code section 901(g): uncertainties associated with those estimates. It Child-specific benchmark change in blood lead provides estimates for that subset of children likely concentration for school site risk assessment. Final to be exposed to the level of the standard, which children living near sources who are likely to be Report. Sacramento: Integrated Assessment Branch, is generally expected to be the subpopulation of most highly exposed.’’ OEHHA, California EPA. April 2007.

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whereby the margin of safety analysis is 2. How did the technology review not propose any revision to the current incorporated as part of the standard change for the Engine Test Cells/Stands MACT standard under CAA section without a two-step analysis, from source category? 112(d)(6). We explained that the residual risk determinations).5 See 84 The technology review has not technology basis for the MACT standard FR 20218 n.28. changed since proposal. was the use of add-on capture systems and control devices (i.e., thermal After review of all the comments 3. What key comments did we receive oxidizers or catalytic oxidizers) and that received, we determined that no on the technology review, and what are our technology review under CAA changes needed to be made to the our responses? section 112(d)(6) did not identify any underlying risk assessment The EPA received comments in new or improved add-on control methodology. Additional comments and technology, or any new work practices, our specific responses can be found in support of the proposed determination from the technology review that no operational procedures, process the document titled Summary of Public revisions were warranted under CAA changes, or pollution prevention Comments and Responses for the section 112(d)(6). We also received approaches that reduce emissions in the Residual Risk and Technology Review comments asserting that the technology category that have been implemented at for Engine Test Cells/Stands, which is review was inadequate for a variety of engine testing operations since available in the docket for this action. reasons, primarily because of failure to promulgation of the current NESHAP. consider control technologies developed See 84 FR 20225–26, May 8, 2019. 4. What is the rationale for our final Additionally, the emission standards since the original NESHAP. approach and final decisions for the risk in 40 CFR part 63, subpart PPPPP apply Comment: One commenter noted that review? to the collection of engine test cells/ advances in diesel engine design had stands located at a major source of HAP The EPA evaluated all of the greatly reduced air emissions from emissions that are used to test diesel engine test cells over the last few comments on the EPA’s risk review and uninstalled stationary engines or years. The commenter stated that new determined that no changes to the uninstalled mobile engines. The subpart diesel engines are cleaner than they review are needed. For the reasons PPPPP standards do not apply to explained in the proposed rule, we used to be and, as a result, emissions individual engines or to final products, proposed that the risks from the Engine from engine test cells and stands also such as automobiles or light and heavy- Test Cells/Stands source category are declined because they are testing duty trucks. Rather, the purpose of acceptable, and the current standards engines that are operating more cleanly engine testing is to simulate the provide an ample margin of safety to and efficiently. The commenter noted operation of a specific type of engine protect public health and prevent an the EPA is moving forward with new under certain environmental conditions. adverse environmental effect. Therefore, diesel truck standards. The commenter In some cases, the testing confirms a thought the changes in the emissions pursuant to CAA section 112(f)(2), we new or refurbished engine is assembled from engines should allow test cells to are finalizing our risk review as correctly and will function as intended. reduce their emissions. These advances, In other cases, the testing measures the proposed, and we are readopting the the commenter argued, are current standards. durability and performance of a new developments the EPA should take into engine design or a new engine B. Technology Review for the Engine account. The commenter thought the component. Test Cells/Stands Source Category EPA should revise the emission In sum, under the CAA section standards based on the ability to reduce 112(d)(6) technology review, the EPA is 1. What did we propose pursuant to emissions due to cleaner engines. The concluding that there are no new cost- CAA section 112(d)(6) for the Engine EPA should evaluate advances in more effective controls that would achieve Test Cells/Stands source category? efficient engines and operating further emissions reductions and that technology; use of lower HAP fuels; and Pursuant to CAA section 112(d)(6), the existing numerical emission limits alternative engines that do not rely on in the NESHAP should be retained. For the EPA conducted a technology review, HAP-emitting fuels. The commenter these reasons, consistent with the EPA’s which focused on identifying and argued that the EPA did not evaluate or proposal, the emission limits in the evaluating developments in practices, take into account any of these NESHAP are not being revised. processes, and control technologies for developments, which the commenter Comment: One commenter was control of HAP emissions from engine contended was ‘‘unlawful, arbitrary, and concerned the EPA had not collected testing facilities. No cost-effective capricious under § 7412(d)(6).’’ the best available information on developments in practices, processes, or Response: The EPA disagrees with the current controls and thought the EPA control technologies were identified in commenter’s assertion that the existing should have requested information from our technology review to warrant MACT standard should be lowered due pollution control manufacturers and revisions to the standards. More to new emission standards for diesel distributors, consulted with states and information concerning our technology engines and advances in diesel engine local air districts, consulted with the review is in the memorandum titled design (presumably under CAA sections Institute of Clean Air Companies, and Technology Review for the Engine Test 202 and 213). We also disagree with the requested information from pollution Cells/Stands Source Category, which is commenter’s contention that by not control and monitoring companies in the docket for this action, and in the considering these developments our regarding developments in controls for preamble to the proposed rule (84 FR technology review is ‘‘unlawful, HAP pollutants. The commenter 20208, May 8, 2019). arbitrary and capricious.’’ CAA section believed this information was readily 112(d)(6) requires the EPA to conduct a available to the EPA and failing to technology review to determine if there contact control manufacturers biased 5 The Court was referring to the predecessor are ‘‘developments in practices, the EPA’s technology review away from provision to the current CAA section 112(f), but its processes, or control technologies’’ that the most current developments. The analysis is equally applicable to the revised may be appropriate to incorporate into commenter thought the EPA should provision. existing standards. At proposal, we did have assessed the technologies and tools

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available in the market for the control of questionnaire that specifically asked improvements and no new methods the pollutants and provide the companies to provide information on have been identified during the public information for notice-and-comment. their add-on control devices and any comment period, we are finalizing as The commenter believed that providing work practices they use to reduce proposed our determination that no this information to the public would emissions. The questionnaire was changes to the emission standards are have a positive impact on the regulated completed by multiple companies and required pursuant to CAA section industry, as well as community covered over 40 individual facilities 112(d)(6). members exposed to pollution. The known to operate engine test cells/ Comment: One commenter noted that commenter thought this information stands. Fifteen of these facilities were no reduction in emission limits for this could lead facilities to implement located at major sources of HAP, while source category has occurred since 2003 pollution controls with which they are the remainder were located at area and stated that better control technology not currently familiar and would create sources. The Agency’s review found no is available that would make further jobs and increase the economic success new add-on control technology, no emission reductions possible. both of the regulated facility and the developments in existing add-on control Response: The EPA disagrees with the company selling the control or technology, and no new work practices, commenter. As explained previously, monitoring tools. operational changes, or pollution our review of control technologies and current industry processes and practices Response: The EPA disagrees with the prevention practices that would result identified no new cost-effective controls commenter. CAA section 112(d)(6) in further reductions in emissions from that would achieve further emission requires the EPA to review and revise this source category. For a detailed reductions. Although the commenter standards ‘‘as necessary (taking into discussion of the findings, please refer stated that better technology is account developments in practices, to the Technology Review for the Engine Test Cells/Stands Source Category available, the commenter did not processes, and control technologies)’’ no identify or provide evidence less often than every 8 years. Pursuant memorandum, in the docket (Docket ID Item No. EPA–HQ–OAR–2018–0753– demonstrating any control technology to CAA section 112(d)(6), the EPA may that would achieve lower HAP consider cost in deciding whether to 0031). The EPA also reviewed numerous emissions from engine test cells/stands. revise existing standards. Our review of construction and operating permits As explained previously, the Agency’s control technologies and current issued by permitting authorities to review found no new add-on control industry processes and practices major and area sources that operate technology, no developments in existing identified no new cost-effective controls engine test facilities. As part of these add-on control technology, and no new that would achieve further emission reviews, we looked for any new control work practices, operational changes, or reductions. As explained in the technology or work practice standards pollution prevention practices that proposal preamble, the EPA completed required by a state or local agency. We would result in further reductions in a technology review as part of this also provided a 45-day comment period emissions from this source category. For rulemaking, which focused on on our proposed conclusion that would a detailed discussion of the findings of identifying and evaluating any allow industry, state, and local air our technology review, please refer to developments in practices, processes, agencies, control device manufacturers, the Technology Review for the Engine and control technologies that occurred and other stakeholders to provide Test Cells/Stands Source Category since 2003. See 84 FR 20213–14, 20225– information on any new technologies memorandum, which is available in the 26, May 8, 2019. In conducting the and work practices that we may have docket (Docket ID Item No. EPA–HQ– technology review for the Engine Test overlooked. However, no new OAR–2018–0753–0031). Cells/Stands source category, the EPA technologies or work practice Additional comments and our specific looked for add-on control technology approaches were identified in the public responses can be found in the comment that was not identified during the comments we received. Commenters did summary and response document titled, original NESHAP development and for not provide any additional information Summary of Public Comments and improvements to existing add-on on control technology for this source Responses for the Residual Risk and controls. We also looked for new work category and the EPA did not receive Technology Review for Engine Test practices, operational procedures, any additional information based on the Cells/Stands, which is available in the process changes, and pollution proposal. The EPA typically has wide docket for this action. prevention alternatives that have the latitude in determining the extent of potential to reduce emissions. We 4. What is the rationale for our final data-gathering necessary to solve a approach for the technology review? conducted extensive research to help us problem and courts generally defer to identify developments in control the Agency’s decision to proceed on the The EPA evaluated all of the technology, work practices and basis of imperfect scientific information, comments on the EPA’s technology procedures that could potentially rather than to ‘‘invest the resources to review and determined that no changes reduce HAP emissions. Developments conduct the perfect study.’’ Sierra Club to the review are needed. For the in practices, processes, and control v. EPA, 167 F. 3d 658, 662 (D.C. Cir. reasons explained in the proposed rule, technologies were investigated through 1999). we determined that no cost-effective discussions with industry For these reasons, the EPA is not developments in practices, processes, or representatives, searches of the EPA’s persuaded by these comments and control technologies were identified in Reasonably Available Control rather considers our review to be our technology review to warrant Technology/Best Available Control sufficiently rigorous. If any revisions to the standards. More Technology/Lowest Achievable improvements in control technology, information concerning our technology Emissions Rate Clearinghouse, site work practices, operational procedures, review, and how we evaluate cost visits, and literature searches. We met process changes, or pollution effectiveness, can be found in the several times with industry prevention approaches occurred since memorandum titled Technology Review representatives and visited engine test the 2003 NESHAP was finalized, we for the Engine Test Cells/Stands Source facilities at four different plants. We would have identified them. Since our Category, which is available in the also included questions in a review did not identify any docket for this action, and in the

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preamble to the proposed rule (84 FR Public Comments and Responses for the provided by the CAA (See, e.g., Clean 20208, May 8, 2019). Therefore, Residual Risk and Technology Review Air Council v. EPA, 862 F.3d at 9 (D.C. pursuant to CAA section 112(d)(6), we for Engine Test Cells/Stands, which is Cir. 2018)) and that the CAA does not are finalizing our technology review as available in the docket for this action; give the EPA authority to set proposed. For reasons more fully described in malfunction-based standards or the preamble at proposal, we also exemptions (See 42 U.S.C. 7412(d), (h), C. SSM for the Engine Test Cells/Stands proposed to revise 40 CFR 63.9305 to and 7602(k)). The commenter noted the Source Category add regulatory text regarding the general EPA has not acted on a petition for 1. What did we propose for the Engine duty to minimize emissions. However, a reconsideration that was filed when the Test Cells/Stands source category? typographical error was inadvertently EPA set a malfunction standard in the made at the end of the sentence, ‘‘The Refinery Sector Rule (See Air Alliance The EPA is finalizing the proposed general duty to minimize emissions Houston et al. v. EPA, D.C. Cir. No. 16– amendments to the Engine Test Cells/ does not require the owner or operator 1035 (filed February 7, 2016), which Stands NESHAP to remove or revise to make any further efforts to reduce held amendments in abeyance pending provisions related to SSM. In its 2008 emissions if levels required by the EPA action on reconsideration). The decision in Sierra Club v. EPA, 551 F.3d applicable standard have been achieve.’’ commenter contends their 1019 (D.C. Cir. 2008), the Court vacated This sentence should have read as reconsideration petition and comments portions of two provisions in the EPA’s follows, and we are finalizing it as such: filed in support of that petition and CAA section 112 regulations governing ‘‘The general duty to minimize offered at the November 2016 public the emissions of HAP during periods of emissions does not require the owner or hearing have shown that the Refinery SSM. Specifically, the Court vacated the operator to make any further efforts to Sector Rule malfunction exemption is SSM exemption contained in 40 CFR reduce emissions if levels required by unlawful and arbitrary and should be 63.6(f)(1) and 40 CFR 63.6(h)(1), holding the applicable standard have been removed from the standards. Since the that under section 302(k) of the CAA, achieved.’’ EPA has not acted on the emissions standards or limitations must Also, for reasons more fully described reconsideration petition and the Court be continuous in nature and that the at proposal, we proposed to revise 40 has held the case in abeyance, the SSM exemption violates the CAA’s CFR 63.9355 to add regulatory text commenter said that no other similar requirement that some CAA section 112 regarding the requirements to record proposals for other source categories standards apply continuously. The EPA actions taken to minimize emissions should be made until the Refinery proposed the amendments to remove or and to record corrective actions. Sector Rule petition is resolved. The revise provisions related to SSM that are However, in 40 CFR 63.9355(a)(6), we commenter maintains that the not consistent with the requirement that inadvertently left the words ‘‘the cause’’ malfunction exemption in the Refinery the standards apply at all times. More out of the sentence that read, ‘‘For each Sector Rule remains under a cloud of information concerning the elimination failure record the date, time and substantial controversy and is unlawful or revision of SSM provisions is duration of each failure.’’ This sentence and arbitrary. detailed in the preamble to the proposed should have read as follows, and we are Response: The EPA disagrees with the rule (84 FR 20208, May 8, 2019). finalizing it as such: ‘‘For each failure commenter’s statement that the EPA 2. How did the SSM provisions change record the date, time, the cause and lacks the authority to set standards for for the Engine Test Cells/Stands source duration of each failure.’’ malfunctions. In fact, in the Court’s category? Finally, while we proposed to revise decision in Sierra Club v. EPA, 551 F.3d the performance testing requirement at 1019 (D.C. Cir. 2008) vacating the SSM The EPA is finalizing the SSM 40 CFR 63.9321 to remove the language exemption in EPA’s regulations provisions as proposed (84 FR 20208, ‘‘according to the requirements in implementing CAA section 112, the May 8, 2019) with minor changes to the § 63.7(e)(1)’’ (because 40 CFR 63.7(e)(1) Court held that under section 302(k) of General Provisions table (Table 7) and restated the SSM exemption), rule text the CAA, emissions standards or related cross-references to correct showing this change was inadvertently limitations must be continuous in inadvertent errors made at proposal. not provided in the amendatory text nature and that when CAA sections 112 These include the following: appearing toward the end of the and 302(k) are read together, Congress • Addition of language in Table 7 proposal document. Because this has required that there must be indicating that several provisions are change, and the rationale for it, was continuous CAA section 112–compliant still applicable for 180 days following adequately described in the proposal standards. Pursuant to that holding, the the effective date of this final rule; and preamble, we are finalizing it as EPA must apply a standard to periods • Removal of cross-references to SSM proposed. of malfunction. In this final rule, the exemption-related provisions. EPA has removed the SSM exemption We also note that because the final 3. What key comments did we receive and has required compliance with the sentence in 40 CFR 63.8(d)(3) refers to on the SSM provisions, and what are existing standards during periods of the General Provisions’ SSM plan our responses? SSM. Thus, the EPA has set a standard requirement which is no longer The EPA received comments related for periods of SSM as required by the applicable, the EPA is adding to the rule to our proposed revisions to the SSM Sierra Club decision. at 40 CFR 63.9355(c)(5) text that is provisions. One commenter generally The commenter’s discussion of the identical to 40 CFR 63.8(d)(3) except supported the proposed revisions to the EPA’s decision in the Refinery Sector that the final sentence is replaced with SSM provisions but disagreed with the Rule, to set a standard for a particular the following sentence: ‘‘The program of Agency’s approach to malfunctions. type of malfunction that is different corrective action should be included in Comment: One commenter disagreed than the standards that apply in other the plan required under § 63.8(d)(2).’’ A with the EPA’s assertion that the circumstances, is not relevant here public comment was also received on Agency has the discretion to set because the standards in this final rule this issue and more information can be standards for malfunctions where for engine test cells apply to at all times, found in the comment summary and feasible. The commenter asserted that including during periods of response document titled Summary of the EPA has only the discretion malfunction. The commenter also

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characterizes the Refinery Sector Rule as supportive of electronic reporting, they can be accessed by facility personnel containing a malfunction exemption, so wanted to ensure there is an orderly and authorized EPA, Regional, state, it is not clear whether the commenter’s transition to the new reporting system. local, and tribal reviewers. concern is with a standard that applies The commenter requested that the EPA For the semiannual compliance during malfunctions. In any event, the should address the following issues: reports, reporters must use the commenter’s claim that the EPA has no • The addition of electronic reporting spreadsheet template provided by the authority to set standards for should not establish any new data EPA to submit information to CEDRI. malfunctions is inconsistent with the requirements beyond what is currently Additional information may be supplied Sierra Club SSM case. required by the regulation. All data through the comment field or as Additional comments and our specific reporting requirements should tie to a additional attachments through the responses can be found in the comment regulatory citation; process described on the Welcome tab summary and response document titled • The reporting system should allow of the spreadsheet template. In the Summary of Public Comments and companies the option to provide proposal, we solicited comment on the Responses for the Residual Risk and explanatory comments on data or content, layout and overall design of the Technology Review for Engine Test information submitted; template and a copy of the proposed Cells/Stands, which is available in the • Electronic reporting should not template was made available in the docket for this action. place further restrictions on who is docket (see Engine_Test_Cells_ eligible to submit a report; Semiannual_Spreadsheet_Template_ 4. What is the rationale for our final • Sufficient compliance time should Draft, available at Docket ID Item No. approach for the SSM provisions? be allowed for companies to implement EPA–HQ–OAR–2018–0753–0147). 84 The EPA evaluated all of the the revised requirements and to FR 20229, May 8, 2019. We received comments on the EPA’s proposed integrate EPA and company systems; public comments on the draft template, amendments to the SSM provisions. For • Regulatory language should allow which we took into consideration when the reasons explained in the proposed companies to submit hardcopy reports if preparing the final semiannual rule (84 FR 20208, May 8, 2019) and in there are problems with the EPA’s compliance report template. A copy of section III.C of this preamble, we are reporting system availability or the final semiannual compliance report finalizing our approach for the SSM company systems; template is available in the docket for provisions as proposed other than the • Electronic reporting should allow this action (Docket ID No. EPA–HQ– minor changes detailed previously. companies to submit reports as Portable OAR–2018–0753). The official version D. Electronic Reporting Requirements Document Format (PDF) documents; of the report template is available at the • The reporting system should allow for the Engine Test Cells/Stands Source CEDRI homepage (https://www.epa.gov/ updates or corrections to be submitted; electronic-reporting-air-emissions/ Category • The EPA should work with other cedri). 1. What did we propose for the Engine regulatory authorities (i.e., states, local All facilities must submit their reports Test Cells/Stands source category? agencies) to establish comparable or electronically. For reports that contain The EPA proposed that owners and compatible electronic systems. The information claimed as CBI, reporters operators of engine test cells/stands commenter said that electronic will submit redacted reports must submit electronic copies of reporting to the EPA would not reduce electronically and mail complete required performance test reports, reporting burden if companies reporting versions, including the CBI, on a performance evaluation reports, and electronically to the EPA still have to compact disc, flash drive, or other semiannual compliance reports through submit hardcopy reports to other electronic storage media to the EPA. the EPA’s CDX using the CEDRI. More agencies that do not have electronic Although facilities will not have the systems; and option to continue submitting reports in information concerning our proposal on • electronic reporting requirements can be Any reporting templates should be hardcopy, the EPA provides support for found in the proposed rule (84 FR available for review at the time a rule is companies on the EPA’s CEDRI website, 20208, May 8, 2019). proposed. accessed at https://www.epa.gov/ Response: The EPA acknowledges the electronic-reporting-air-emissions/cedri. 2. How did the electronic reporting comment. The new requirement to An overview of the electronic data provisions change for the Engine Test submit reports electronically does not submission process is provided in the Cells/Stands source category? establish any new data requirements, memorandum, Electronic Reporting Since proposal, the electronic will allow facilities to submit some Requirements for New Source reporting provisions have not changed. performance test results as an Performance Standards (NSPS) and attachment within the electronic National Emission Standards for 3. What key comments did we receive reporting tool (ERT) as well as include Hazardous Air Pollutants (NESHAP) on the electronic reporting provisions, additional information in the Rules, available in Docket ID No. EPA– and what are our responses? semiannual report in PDF, allows HQ–OAR–2018–0753. The EPA received comments both in facilities to make corrections to Comment: One commenter thought support of and against the proposed submittals through the resubmittal that the EPA should provide a notice electronic reporting provisions. process in CEDRI, provides sufficient and comment period only through a Comment: One commenter supported time for facilities to understand and Federal Register document for all future the proposed use of electronic reporting comply with the new method of changes in reporting templates. but recommended the EPA make certain submitting reports, and includes According to the commenter, at changes to the proposed reporting and provisions allowing extensions to be proposal, the EPA noted that the recordkeeping requirements. The approved for situations where a facility compliance reporting template for commenter supported electronic is unable to successfully submit a report engine test facilities will be available on reporting if it reduces regulatory by the reporting deadline due to the CEDRI website. At the time of the burden, provides flexibility, and creates circumstances beyond their control (e.g., proposal, the template was only efficiencies for regulated entities. outages of the EPA’s CEDRI). Further, available in the rule docket. While Although the commenter was once submitted and certified, reports stakeholders can review the template as

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it exists currently, the commenter said changes to electronic reporting The commenter also thought that the that any future changes to the template requirements in a Federal Register EPA lacked the authority to allow should be made available to affected notice as this approach will provide the exceptions or extensions for a ‘‘force reporters for comment prior to being regulated community with the notice majeure event’’ under the CAA. The adopted. The commenter stated that that they need to review any proposed commenters said the CAA was enacted facilities do not regularly check the regulatory changes, provide comments, to protect public health and welfare, to CEDRI website and would not be aware and initiate compliance plans. The reduce pollution and the harm it causes, of any changes to the template. If the commenter believed that posting to an including cancer and other serious EPA changes the template without EPA website does not provide adequate health impacts from HAP. The notice, the commenter said that notice that electronic reporting commenter said that creating a facilities may use the wrong template or requirements have changed and ‘‘malfunction exemption’’ contravenes find they are in noncompliance. The recommended that the EPA only make the CAA. The commenter noted that the commenter noted that a notification of future changes to the template if a concept of ‘‘force majeure’’ comes from proposed rules is required to be Federal Register notice is issued and an contract law and is not applicable to the published in the Federal Register opportunity for public comment is CAA because it is not a contract. The pursuant to the CAA and the provided. commenter noted that ‘‘force majeure is Administrative Procedures Act (APA). Response: The EPA disagrees that a phrase coined primarily for the The commenter cited both section future changes to a reporting template convenience of contracting parties 307(d)(3) of the CAA and section 553(b) require public notice and comment. wishing to describe the facts that create of the APA as support: This rulemaking establishes the process a contractual impossibility due to an Section 307(d)(3) of the CAA states, in the EPA will use to notify owners/ ‘Act of God.’ (See 6 A. Corbin, Corbin the case of any rule to which this operators of the availability of revised on Contracts, section 1324 (1962)). As subsection applies, notice of proposed forms and provided interested parties Corbin points out, this term is rulemaking shall be published in the with an opportunity to comment on that outmoded and serves no useful purpose Federal Register, as provided under process. The fact that the commenters as a test of responsibility.’’ Perlman v. section 553(b) of Title 5 [of the United prefer a different process does not mean Pioneer Limited Partnership, 918 F.2d States Code], shall be accompanied by a that the EPA lacks the authority to adopt 1244, 1248 n.5 (5th Cir. 1990). The statement of its basis and purpose and the process proposed. We are making commenter urged the EPA to not apply shall specify the period available for the CEDRI forms consistent with the the concept of ‘‘force majeure’’ to any public comment. (42 U.S.C. 7607(d)(3)). underlying regulations, and as such, the part of the CAA and said that doing so Section 553(b) of the APA states that public has already had a chance to would be a variation of the prior general notice of proposed rulemaking review and comment on the content of malfunction exemptions that were shall be published in the Federal these reports. These underlying found to be unlawful under the CAA. Register, unless persons subject thereto regulations establish clear and objective (See, e.g., Sierra Club v. EPA, 551 F.3d are named and either personally served criteria for EPA to apply in future non- 1028 (D.C. Cir. 2008); NRDC, 749 F.3d or otherwise have actual notice thereof rulemaking actions. The application of at 1062–63). The commenter argued that in accordance with law. Except when regulatory criteria to future individual there is no ‘‘force majeure’’ exception notice or hearing is required by statute, situations does not require notice and allowed for non-compliance with the it does not apply to interpretative rules, comment rulemaking, either under CAA or its requirements, and that the general statements of policy, or rules of section 307(d) of the CAA or the APA. EPA may not create an exemption agency organization, procedure, or The EPA has amended the template to because ‘‘the Clean Air Act and practice, or when the agency for good display the date of creation and revision cause finds (and incorporates the number of the template. The date of the amendments thereto contain no force finding and a brief statement of reasons final rule is not included in the majeure exception.’’ U.S. v. Wheeling- therefor in the rules issued) that notice template. Pittsburgh Steel Corp., 818 F.2d 1077, and public procedure thereon are Comment: One commenter disagreed 1088 (3d Cir. 1987) (refusing to provide impracticable, unnecessary, or contrary with the EPA’s proposed extension for a free-standing ‘‘force majeure’’ to the public interest. (5 U.S.C. 553(b).) provisions for CEDRI outages or force exception that would have exempted The commenter stated that none of majeure events. The commenter thought emission violations that fell outside the the exceptions in the APA would apply the proposed extension provisions were contractual term used in a consent to any future changes in reporting ‘‘unlawful and arbitrary.’’ The decree due to the lack of legal basis to templates and noted that the Federal commenter argued that the extension do so). The commenter noted that the Register is the official publication for provisions do not set a firm deadline to Court explained: ‘‘After a certain point, federal agencies to publish changes in either submit required reports or to the transgression of regulatory limits regulatory requirements. The request an extension of the reporting caused by ‘uncontrollable acts of third commenter said that companies deadline. The commenter also disagreed parties,’ such as strikes, sabotage, typically monitor the Federal Register with the provision: ‘‘[t]he decision to operator intoxication or insanity, and a daily, but do not typically subscribe to accept the claim . . . and allow an variety of other eventualities, must be a the Clearinghouse for Inventories and extension to the reporting deadline is matter for the administrative exercise of Emissions Factors (CHIEF) Listserv or solely within the discretion of the case-by-case enforcement discretion, not periodically review the CEDRI website. Administrator’’ and with the EPA’s for specification in advance by The commenter said that it is not proposed definition of ‘‘force majeure regulation.’’ Weyerhaeuser Co. v. Costle, practical for companies to also review event.’’ The commenter believed these 590 F.2d 1011, 1058 (D.C. Cir. 1978). the CHIEF Listserv and CEDRI websites provisions were too broad and vague The commenter thought that while and that posting revised templates to and was concerned a facility would use CEDRI outages and some events may be these sites is not a ‘‘legally-sufficient these provisions to evade the out of a facility’s control, the facility substitute for the Federal Register.’’ The compliance reporting deadlines that owners or operators have many factors commenter also said that the EPA assure compliance with applicable within their control. The commenter should provide notice of any proposed standards. said the EPA failed to evaluate the steps

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a facility could take to predict and engine test facilities. The commenter section, a force majeure event is defined prevent delays in the reporting of urged the EPA to set a deadline for as an event that will be or has been pollution exceedances related to reporting and to assure that the caused by circumstances beyond the foreseeable types of events it defines as extension request allows only a control of the affected facility, its ‘‘force majeure.’’ If the EPA creates a temporary delay in reporting, such as a contractors, or any entity controlled by ‘‘force majeure event’’ extension 10-day extension, rather than an open- the affected facility that prevents you provision, the commenter recommended ended extension with no deadline. from complying with the requirement to the facility be required to prevent Response: The EPA disagrees with submit a report electronically within the similar problems in the future and these comments. The final rule requires time period prescribed. Examples of report what steps it will take in the electronic reporting for all facilities such events are acts of nature (e.g., future to prevent the same problem from subject 40 CFR part 63, to subpart hurricanes, earthquakes, or floods), acts recurring. When there is such a PPPPP as proposed. The commenter of war or terrorism, or equipment failure problem, the commenter argued, the questioned the limited flexibility the or safety hazard beyond the control of need for prompt reporting is important EPA proposed (and is finalizing), the affected facility (e.g., large scale for ensuring actual emission namely inclusion of electronic reporting power outage). If you intend to assert a exceedances end. The commenter provisions for reporters facing claim of force majeure, you must submit asserted that allowing an unreasonable circumstances beyond their control. The notification to the Administrator in extension or not setting any deadline commenter asserts the case-by-case writing as soon as possible following the would be unlawful. The commenter extension of report submittal deadlines date you first knew, or through due thought reporting was especially is an ‘‘unlawful exemption [from diligence should have known, that the important during the types of events compliance with] the emissions event may cause or caused a delay in described by the EPA. The commenter standards.’’ This is not the case, as reporting. You must provide to the stated that reporting is necessary to explained below. The proposed Administrator a written description of protect public health and welfare. provisions the commenter questions are the force majeure event and a rationale The commenter also said the EPA did as follows (emphasis added): for attributing the delay in reporting not identify any problems or burdens beyond the regulatory deadline to the with the electronic reporting system that (3) If you are required to electronically submit a report through CEDRI in the EPA’s force majeure event; describe the could justify an extension. The CDX, and due to a planned or actual outage measures taken or to be taken to commenter noted that in a proposed of either the EPA’s CEDRI or CDX systems minimize the delay in reporting; and rule for the Petroleum Refinery Sector, within the period of time beginning 5 identify a date by which you propose to the EPA had stated: ‘‘We note that the business days prior to the date that the report, or if you have already met the submission of ERT formatted submission is due, you will be or are reporting requirement at the time of the precluded from accessing CEDRI or CDX and performance test and performance notification, the date you reported. In evaluation reports using CEDRI is fully submitting a required report within the time prescribed, you may assert a claim of EPA any circumstance, the reporting must operational, and there are no known or occur as soon as possible after the force reported system issues . . . In addition, system outage for failure to timely comply with the reporting requirement. You must majeure event occurs. The decision to the CDX Helpdesk staff are available submit notification to the Administrator in accept the claim of force majeure and during regular business hours to support writing as soon as possible following the date allow an extension to the reporting industry users in completing their you first knew, or through due diligence deadline is solely within the discretion submissions electronically using should have known, that the event may cause of the Administrator. CEDRI.’’ The commenter also noted the or caused a delay in reporting. You must EPA found that ‘‘over 3,400 ERT files provide to the Administrator a written There is no exception or exemption to have been submitted to the EPA through description identifying the date, time and reporting, much less an exemption from CEDRI,’’ only 43 help calls were length of the outage; a rationale for compliance with the numerical received, and only 9 calls were referred attributing the delay in reporting beyond the emission standards, rather, this to EPA staff for further assistance (see, regulatory deadline to the EPA system regulatory provision only sets out a outage; describe the measures taken or to be method for requesting an extension of NESHAP: Petroleum Refinery Sector taken to minimize the delay in reporting; and Amendments, Proposal, 83 FR 15458, the reporting deadline. Reporters are identify a date by which you propose to required to justify their request and 15469 (April 10, 2018). The commenter report, or if you have already met the said the EPA’s proposed extension was reporting requirement at the time of the identify a reporting date. There is no not based on evidence of any problem notification, the date you reported. In any predetermined timeframe for the length with electronic reporting in the past, circumstance, the report must be submitted of extension that can be granted, as this based on the record provided for public electronically as soon as possible after the is something best determined by the comment. The commenter said that no outage is resolved. The decision to accept the Administrator (i.e., the EPA evidence was provided showing that a claim of EPA system outage and allow an Administrator or delegated authority as reporting problem could not be resolved extension to the reporting deadline is solely defined in 40 CFR 63.2) when reviewing within the discretion of the Administrator. through a case-by-case resolution or that the circumstances surrounding the any harm has been caused by not having (4) If you are required to request. Different circumstances may an extension provision. electronically submit a report through require a different length of extension The commenter was concerned that CEDRI in the EPA’s CDX and a force for electronic reporting. For example, a delayed reporting and potentially failure majeure event is about to occur, occurs, tropical storm may delay electronic to report would cause harm because it or has occurred or there are lingering reporting for a day, but a Hurricane delays compliance assurance by the effects from such an event within the Katrina scale event may delay electronic EPA, the states, and affected community period of time beginning 5 business reporting for much longer, especially if residents. The commenter thought the days prior to the date the submission is the facility has no power, and, as such, extension provision would undermine due, the owner or operator may assert a the owner or operator has no ability to the health and environmental claim of force majeure for failure to either access electronically stored data protections of the standards, resulting in timely comply with the reporting or to submit reports electronically. The cancer and acute health threats from requirement. For the purposes of this Administrator (or delegated authority)

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will be the most knowledgeable of the will be significantly delayed, may lead owners or operators to make force events leading to the request for a facility to drag its feet in submitting majeure claims for situations beyond extension and will assess whether an reports for an extended period, or may their reasonable control. The EPA also extension is appropriate, and, if so, a lead to a facility never reporting disagrees that incidental issues with reasonable length for the extension. The information. Each request for an questions on completing the form or the Administrator (or delegated authority) extension of the electronic reporting procedures for accessing CEDRI for may even request that the report be sent deadline must be approved by the which the CEDRI Helpdesk is available, in hardcopy until electronic reporting Administrator (or delegated authority), are conditions that would be considered can be resumed. While no new fixed and each request must state the time either force majeure or a CEDRI system duration deadline is set, the regulation requested for the extension as well as outage. The existence of the Helpdesk requires that the report be submitted the dates and times at which the for answering questions on procedures electronically as soon as possible after unsuccessful attempt(s) to access CEDRI in submitting reports to CEDRI have no the CEDRI outage or after the force were made in the case of a CEDRI impact on the availability of CEDRI in majeure event resolves. outage. The EPA also disagrees that a such a circumstance. The concept of force majeure is not delay in reporting due to a CEDRI The purpose of these requests for arbitrary, as it has been implemented outage or a force majeure event would extensions are to accommodate owners since May 2007 within the CAA necessitate a delay in a corrective action and operators in cases where they requirements through the performance that would be taken to prevent harmful cannot successfully submit a report test extensions requirements provided and unlawful emission exceedances. electronically for reasons that are in 40 CFR 63.7(a)(4) and 60.8(a)(1). Like The facility must remain in compliance beyond their control and occur during a the performance test extensions, the with all air emissions requirements and short window of time prior to the approval of a requested extension of an has an ongoing responsibility under the reporting deadline. The extension is not electronic reporting deadline is at the general duty clause of 40 CFR 63.6(e) to automatic, and the Administrator discretion of the Administrator. operate and maintain any affected retains the right to accept or reject the The EPA disagrees that the reporting source in a manner consistent with request. The language was added as part extension will undermine enforcement safety and good air pollution practices of the standard electronic reporting because the Administrator has full for minimizing emissions. An extension language based on numerous comments discretion to accept or reject the claim of the deadline for submitting an received on the proposal for the of a CEDRI system outage or force electronic report in no way eliminates Electronic Reporting and Recordkeeping majeure. As such, an extension is not culpability for exceedances of emissions Requirements for the New Source automatic and is agreed to on an limitations or the requirement to Performance Standards (80 FR 15100, individual basis by the Administrator. If address them. March 20, 2015). the Administrator determines that a The EPA disagrees that the force Additional comments and our specific facility has not acted in good faith to majeure extension request must require responses can be found in the comment reasonably report in a timely manner, a facility to report what steps it will take summary and response document titled the Administrator can reject the claim in the future to prevent the same Summary of Public Comments and and find that the failure to report timely problem from occurring. A force Responses for the Residual Risk and is a deviation from the regulation. majeure event for the purpose of Technology Review for Engine Test CEDRI system outages are infrequent, electronic reporting is defined as ‘‘. . . Cells/Stands, which is available in the but the EPA knows when they occur an event that will be or has been caused docket for this action. and whether a facility’s claim is by circumstances beyond the control of 4. What is the rationale for our final legitimate. Force majeure events (e.g., the affected facility, its contractors, or approach for the electronic reporting natural disasters impacting a facility) any entity controlled by the affected provisions? are also usually well-known events. facility.’’ Examples of such events are Additionally, the ability to request a acts of nature and acts of war or The EPA evaluated all of the reporting extension does not apply to a terrorism. By definition, force majeure comments on the EPA’s proposed broad category of circumstances; on the events are not something that a facility amendments to the electronic reporting contrary, the scope for submitting an is able to control, and, thus, there is no provisions. For the reasons explained in extension request for an electronic way for the facility to prevent it from the proposed rule (84 FR 20208, May 8, report is very limited in that claims can happening. 2019), we have determined the only be made for an event outside of the The EPA disagrees that the existing electronic submittal of the reports owner’s or operator’s control that occurs statistics on the use of CEDRI and e- addressed in this final rule will increase in the 5 business days prior to the reporting precludes the need for a the usefulness of the data contained in reporting deadline. The claim must then provision to account for an outage of the those reports, is in keeping with current be approved by the Administrator, and CEDRI system. Prudent management of trends in data availability and in approving such a claim, the electronic data systems builds in transparency, will further assist in the Administrator would agree that allowances for unexpected, non-routine protection of public health and the something outside the control of the delays, such as occurred on July 1, 2016, environment, will improve compliance owner or operator prevented the owner and October 20–23, 2017, and is by facilitating the ability of regulated or operator from meeting its reporting consistent with the already-existing facilities to demonstrate compliance obligation. In no circumstance does this provisions afforded for unexpected, with requirements and by facilitating electronic reporting extension allow for non-routine delays in performance the ability of delegated state, local, the owner or operator to be out of testing (see 40 CFR 60.8(a)(1) and (2) tribal, and territorial air agencies and compliance with the underlying and 40 CFR 63.7(a)(4)). For both the EPA to assess and determine emissions standards. electronic reporting and performance compliance, and will ultimately reduce The EPA disagrees with the testing, owners or operators are to burden on regulated facilities, delegated commenter’s assumption that the conduct and complete their activities air agencies, and the EPA. Electronic requirement to report ‘‘as soon as within a short window of time; the EPA reporting also eliminates paper-based, possible’’ makes it likely that reporting believes that it is prudent to allow manual processes, thereby saving time

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and resources, simplifying data entry, 3. What key comments did we receive performance test. More information eliminating redundancies, minimizing on the technical and editorial changes, concerning our request for comment on data reporting errors, and providing data and what are our responses? this aspect of initial performance testing quickly and accurately to the affected While no comments were received on can be found in the proposed rule (84 facilities, air agencies, the EPA, and the the particular technical and editorial FR 20208, May 8, 2019). public. Moreover, electronic reporting is changes detailed above, additional 6 2. How did the performance testing consistent with the EPA’s plan to comments of a technical and editorial issue change for the Engine Test Cells/ implement Executive Order 13563 and nature were received. Our specific Stands source category? is in keeping with the EPA’s Agency- responses to those comments can be 7 Since proposal, this issue has not wide policy developed in response to found in the document titled Summary changed. the White House’s Digital Government of Public Comments and Responses for Strategy.8 For more information on the the Residual Risk and Technology 3. What key comments did we receive benefits of electronic reporting, see the Review for Engine Test Cells/Stands, on the performance testing issue, and memorandum, Electronic Reporting which is available in the docket for this what are our responses? Requirements for New Source action. One commenter commented more Performance Standards (NSPS) and broadly on the issue of performance National Emission Standards for 4. What is the rationale for our final testing. Hazardous Air Pollutants (NESHAP), approach for the technical and editorial changes? Comment: One commenter available in Docket ID No. EPA–HQ– recommended that the EPA streamline Because no comments were received OAR–2018–0753. requirements calling for Agency on the technical and editorial changes approval of alternate testing protocols E. Technical and Editorial Changes for that the EPA proposed, we determined and monitoring. The commenter said the Engine Test Cells/Stands Source that these changes should be finalized that this requirement creates Category as proposed. unnecessary compliance complexity for 1. What did we propose for the Engine F. Additional Issue on Which Comment facilities with multiple test cells and Test Cells/Stands source category? Was Requested: Prior Approval for an further stated that it was difficult to The EPA proposed the following Aspect of Performance Testing comply with this requirement when technical and editorial changes to the 1. What did we propose for the Engine determining the capture efficiency for a existing NESHAP for the source Test Cells/Stands source category? cell that is not a permanent total category: enclosure (PTE), which is the case for In the proposal, the EPA specifically • cells in large complexes. The Revising the monitoring solicited comment on an aspect of requirements in 40 CFR 63.9307 to add commenter said that in situations where initial performance testing. According to there are temporary total enclosures THC as a continuous emission the existing regulations, if an affected monitoring option and to add (TTE), demonstrating TTE as defined by source owner or operator elects to EPA Method 204 is challenging because Performance Specification 8A and EPA comply with the percent reduction Method 25A; of the size and set-up at a large facility emission limitation, an initial (e.g., approximately 90 cells). The gas- • Revising the initial compliance performance test must be conducted to to-gas protocol, the commenter said, is requirements in 40 CFR 63.9320 to determine the capture and control not practical to implement due to the include a provision for the performance efficiencies of the equipment and to size and complexity of multiple cells test to be used to demonstrate establish the operating limits to be within a large complex. The TTE compliance; achieved on a continuous basis. requirements cannot be met as • Revising Tables 3 and 4 to 40 CFR Performance tests are to be conducted prescribed because: part 63, subpart PPPPP, to add an under representative operating • The test method requires the alternative compliance option; and conditions, and the source is required to construction of a TTE over all of the test • Revising section 40 CFR 63.9350 to document the operating conditions cells in order to measure emissions at address the reporting of performance during the test and explain why the exhaust points from the test cell tests and performance evaluations. conditions represent normal operation. building. With many cells and the In discussions prior to our May 2019 volume of air flow involved, 2. How did the technical and editorial proposal, industry stakeholders raised construction of a TTE is impossible changes change for the Engine Test the issue that, for facilities with because the temporary structure would Cells/Stands source category? multiple test cells/stands, it is difficult be the size of a large building. to define ‘‘normal’’ operation due to the • Since proposal, the technical and Measuring all of the emission several types of engine tests conducted, editorial changes have not changed. points from a test cell building at one the varying operation conditions for the location is not practical as this would engine tests, the number of cells/stands, require simultaneous testing at one 6 U.S. EPA. Final Plan for Periodic Retrospective Reviews, August 2011. Available at: https:// different kinds of test fuels, and the location of exhaust volume and THC www.regulations.gov/document?D=EPA-HQ-OA- complex emission capture system. Thus, concentration from over 100 locations 2011-0156-0154. affected sources have felt the need to (90+ general ventilation exhaust points, 7 E-Reporting Policy Statement for EPA request approval on the testing protocol scavenge air exhaust points systems, Regulations, September 2013. Available at: https:// prior to conducting the performance emission analyzer vents, and www.epa.gov/sites/production/files/2016-03/ documents/epa-ereporting-policy-statement-2013- tests to limit tests to representative cells. regenerative thermal oxidizers). 09-30.pdf. We requested comment on whether this • The low CO volume generated from 8 Digital Government: Building a 21st Century process of requesting prior approval for scavenge air and air handling units Platform to Better Serve the American People, May determining what is considered associated with the general ventilation 2012. Available at: https:// system can be difficult to measure obamawhitehouse.archives.gov/sites/default/files/ ‘‘normal’’ operation for a specific omb/egov/digital-government/digital- affected facility is reasonable and accurately and background CO levels government.html. appropriate for the one-time required can interfere with obtaining accurate

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measurements for determining capture allow for the locking of the room air subject to the emission standards in the efficiency in testing TTE. handling system. This is not considered Engine Test Cells/Stands NESHAP to • Approval is needed to limit tests to normal operation but is necessary operate without the SSM exemption. We ‘‘representative’’ cells. From a practical because facilities cannot accurately do not expect that eliminating the SSM perspective, the absence of a definition measure air flow when the system is in exemption will result in reduced of what is representative (e.g., test type, a constant state of adjusting. emissions since the existing NESHAP common engine type, common fuel, CO Æ Allow measurement of CO, not just requires that the operating limits measurement methods) results in THC or HAP. established during the performance test delayed approvals from regulatory Response: The EPA is not amending for demonstrating continuous authorities as there is no defined basis the test procedures and protocols compliance must be met at all times. for approval. required by this subpart at this time. Indirect or secondary air emissions • Other TTE EPA Method 204 issues The EPA also notes that the ability to impacts are impacts that would result include: use either alternative methods or from the increased electricity usage Æ A source must request alternative deviations of methods may be pursued associated with the operation of control approval to deviate from EPA Method on a case by case basis through the site- devices (i.e., increased secondary 204 requirements to use a single specific test plan and the alternative emissions of criteria pollutants from analyzer. The rule does not address the method procedures of 40 CFR 63.7(e)(2). power plants). Energy impacts consist of ability to use various calibration gases Sources may also request approval of a the electricity and steam needed to based on concentration ranges for broadly applicable alternative test operate control devices and other several capture points. method through the EPA Measurement equipment. The EPA expects no Æ Current rule excludes an allowance Technology Group. secondary air emissions impacts or for measuring CO instead of VOC or energy impacts from this rulemaking. 4. What is the rationale for our final THC, triggering the need for regulatory C. What are the cost impacts? authority approval to measure CO. In approach for the performance testing most cases, VOC is too low of a issue? The EPA estimates that each facility concentration to measure from test cell The EPA evaluated all of the in the source category will experience operations. comments on the EPA’s proposed costs as a result of the final Æ When testing capture efficiency, an changes regarding initial performance amendments. These costs are estimated entity must lock room air handling testing. For the reasons explained as part of the reporting and system in place in order to accurately previously, we determined that no recordkeeping costs of the final rule. measure air flow from this source and changes should be made to current Each facility will experience costs to read and understand the rule generate valid data. This can trigger practice. Although affected sources may amendments. The total cost for this changes in ambient conditions for the still request approval on the testing activity is estimated to be $4,029 engine test. protocol, this practice will continue to annually, inclusive of all affected To address these issues, the not be required. commenter recommended the EPA entities. Facilities will also experience should: V. Summary of Cost, Environmental, costs associated with the elimination of 1. Step 1: Define 100-percent capture and Economic Impacts and Additional the SSM exemption (including labor to exclude general ventilation, scavenge Analyses Conducted hours required for re-evaluation of previously developed SSM record air systems, and test bench emissions. A. What are the affected facilities? Based on testing experience and data, systems), and costs associated with the these sources represent less than 1 There are currently 59 engine test requirement to electronically submit percent of the emissions. cells/stands facilities operating in the performance test, performance Æ Due to the size, number, and United States that conduct engine evaluation, and semi-annual compliance configuration of test cells, it is difficult testing operations and are subject to the reports using CEDRI (including labor to determine capture efficiency and Engine Test Cells/Stands NESHAP. The hours needed to become familiar with meet the TTE requirements. 40 CFR part 63, subpart PPPPP, affected CEDRI and the reporting template for Æ Alternatively, the EPA could source is the collection of all equipment semi-annual compliance reports). There establish a default capture rate for the and activities associated with engine costs were also estimated as part of the de minimis emissions to avoid facilities test cells/stands used for testing reporting and recordkeeping costs of the having to undertake costly testing when uninstalled stationary or uninstalled rule amendments, however, we do not the capture is known to be nearly mobile engines located at a major source expect any net change in cost to result complete. of HAP emissions. A new or from elimination of the SSM exemption 2. Step 2: If a PTE cannot be met and reconstructed affected source is a or the addition of the electronic the gas-to-gas protocol and TTE completely new engine testing source reporting requirements. Therefore, the requirements are triggered: that commenced construction after May total estimated cost of this action, Æ Allow for a representative test and 14, 2002, or meets the definition of beyond the costs that would have been include a definition describing the reconstruction and commenced incurred by industry pursuant to the requirements for representative test reconstruction after May 14, 2002. regulations in effect prior to this final conditions in order to measure CO from B. What are the air quality impacts? rule, is $4,029 annually. various points from the enclosure. This would include testing a representative At the current level of control, D. What are the economic impacts? test cycle (e.g., durability) on a single emissions of total HAP from the source Economic impact analyses focus on common engine/fuel type. category are estimated to be changes in market prices and output Æ Modify requirements to allow for approximately 163 tpy. This represents levels. If changes in market prices and multiple analyzers with different a reduction in HAP emissions of about output levels in the primary markets are measurement spans. 80 tpy due to the current (2003) Engine significant enough, impacts on other Æ If testing of capture efficiency must Test Cells/Stands NESHAP. These final markets may also be examined. Both the be conducted, the test method should amendments require all affected sources magnitude of costs associated with a

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rule and the distribution of those costs Executive Order 12866, and because no To examine the potential for any among affected facilities can have a role emission reductions were estimated, we environmental justice issues that might in determining how the market will did not estimate any benefits from be associated with the source category, change in response to the rule. As reducing emissions. the EPA performed a demographic presented in section VI.C of this analysis, which is an assessment of risks F. What analysis of environmental preamble, the total estimated cost of this to individual demographic groups of the justice did we conduct? final rule is approximately $4,029 populations living within 5 kilometers annually. These costs are not expected Executive Order 12898 (59 FR 7629, (km) and within 50 km of the facilities. to result in a significant market impact, February 16, 1994) establishes federal In the analysis, we evaluated the regardless of whether they are passed on executive policy on environmental distribution of HAP-related cancer and to the purchaser or absorbed by the justice. Its main provision directs noncancer risks from the Engine Test firms. federal agencies, to the greatest extent Cells/Stands source category across E. What are the benefits? practicable and permitted by law, to different demographic groups within the 9 The EPA is not finalizing changes to make environmental justice part of their populations living near facilities. the emission limit requirements and mission by identifying and addressing, The results of the demographic estimates the proposed changes to SSM, as appropriate, disproportionately high analysis are summarized in Table 3 recordkeeping, reporting, and and adverse human health or below. These results, for various monitoring are not economically environmental effects of their programs, demographic groups, are based on the significant. Because these final policies, and activities on minority estimated risk from actual emissions amendments are not considered populations and low-income levels for the population living within economically significant, as defined by populations in the United States. 50 km of the facilities.

TABLE 3—ENGINE TEST CELLS/STANDS DEMOGRAPHIC RISK ANALYSIS RESULTS [Engine Test Cells/Stands source category: Demographic assessment results—50 km study area radius]

Population with cancer risk Population greater than with HI or equal to greater than 1 1 in 1 million

Nationwide Source category

Total Population ...... 317,746,049 2,745 0

White and minority by percent

White ...... 62 90 0 Minority ...... 38 10 0

Minority by percent

African American ...... 12 3 0 Native American ...... 0.8 0.4 0 Hispanic or Latino (includes white and nonwhite) ...... 18 2 0 Other and Multiracial ...... 7 4 0

Income by percent

Below Poverty Level ...... 14 13 0 Above Poverty Level ...... 86 87 0

Education by percent

Over 25 and without a High School Diploma ...... 14 9 0 Over 25 and with a High School Diploma ...... 86 91 0

Linguistically isolated by percent

Linguistically Isolated ...... 6 2 0

The results of the Engine Test Cells/ people to a chronic noncancer TOSHI engine test cells/stands emissions is Stands source category demographic greater than 1 based on actual or greater than its corresponding analysis indicate that emissions from allowable emissions. Regarding cancer nationwide percentage for the following the source category expose risk, the specific demographic results demographics: White (90 percent for the approximately 2,700 people to a cancer indicate that the percentage of the source category compared to 62 percent risk at or above 1-in-1 million and no population potentially impacted by nationwide), Above Poverty Level (87

9 Demographic groups included in the analysis children 17 years of age and under, adults 18 to 64 the poverty level, people living two times the are: White, African American, Native American, years of age, adults 65 years of age and over, adults poverty level, and linguistically isolated people. other races and multiracial, Hispanic or Latino, without a high school diploma, people living below

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percent for the source category action is not significant under Executive respond to, a collection of information compared to 86 percent nationwide), Order 12866. unless it displays a currently valid OMB and Over 25 and with a High School C. Paperwork Reduction Act (PRA) control number. The OMB control Diploma (91 percent for the source numbers for the EPA’s regulations in 40 category compared to 86 percent The information collection activities CFR are listed in 40 CFR part 9. When nationwide). The remaining in this rule have been submitted for OMB approves this ICR, the Agency will approval to the Office of Management demographic group percentages announce that approval in the Federal and Budget (OMB) under the PRA. The (including the groups explicitly Register and publish a technical designated as minority) are the same or Information Collection Request (ICR) document that the EPA prepared has amendment to 40 CFR part 9 to display less than the corresponding nationwide the OMB control number for the percentages. been assigned EPA ICR number 2066.09. You can find a copy of the ICR in the approved information collection The EPA, therefore, reaffirms its activities contained in this final rule. determination that this final rule will docket for this rule, and it is briefly not have disproportionately high and summarized here. The information D. Regulatory Flexibility Act (RFA) adverse human health or environmental collection requirements are not effects on minority, low income, or enforceable until OMB approves them. I certify that this action will not have indigenous populations because it We are finalizing changes to the a significant economic impact on a maintains the level of environmental reporting and recordkeeping substantial number of small entities protection for all affected populations requirements for the Engine Test Cells/ under the RFA. In making this without having any disproportionately Stands NESHAP in the form of determination, the impact of concern is high and adverse human health or eliminating the SSM reporting and SSM any significant adverse economic environmental effects on any plan requirements and requiring impact on small entities. During the population, including any minority, low electronic submittal of all compliance original rulemaking, an ICR was sent to income, or indigenous populations. reports (including performance test over 100 companies representing over reports). Any information submitted to The methodology and the results of 300 individual facilities. Using that the Agency for which a claim of the demographic analysis are presented information, along with discussion with confidentiality is made will be in a technical report, Risk and industry stakeholders, it was safeguarded according to the Agency Technology Review Analysis of determined that there were no major policies set forth in title 40, chapter 1, Demographic Factors for Populations part 2, subpart B—Confidentiality of sources that were also owned by small Living Near Engine Test Cells/Stands Business Information (see 40 CFR part 2; entities. A review of the 59 facilities Source Category Operations, available 41 FR 36902, September 1, 1976; currently in this source category also in the docket for this action. amended by 43 FR 40000, September 8, concluded that none are owned by small G. What analysis of children’s 1978; 43 FR 42251, September 20, 1978; entities. Thus, this action will not environmental health did we conduct? 44 FR 17674, March 23, 1979). impose any requirements on small Respondents/affected entities: entities. The EPA does not believe the Respondents are owners or operators of E. Unfunded Mandates Reform Act environmental health or safety risks engine test cells/stands facilities subject (UMRA) addressed by this action present a to the Engine Test Cells/Standards disproportionate risk to children. This NESHAP. This action does not contain any action’s health and risk assessments are Respondent’s obligation to respond: contained in the document, Residual unfunded mandate as described in Mandatory (40 CFR part 63, subpart UMRA, 2 U.S.C. 1531–1538, and does Risk Assessment for the Engine Test PPPPP). not significantly or uniquely affect small Cells/Stands Source Category in Estimated number of respondents: On Support of the 2020 Risk and average, over the next 3 years, governments. The action imposes no Technology Review Final Rule, which is approximately 12 existing major sources enforceable duty on any state, local, or available in the docket for this action. will be subject to these standards, of tribal governments or the private sector. VI. Statutory and Executive Order which seven are subject to emission F. Executive Order 13132: Federalism Reviews limits, monitoring, recordkeeping, and reporting requirements. It is also This action does not have federalism Additional information about these estimated that one additional implications. It will not have substantial statutes and Executive Orders can be respondent will become subject to the direct effects on the states, on the found at https://www.epa.gov/laws- emission standards over the 3-year relationship between the national regulations/laws-and-executive-orders. period and two additional respondents government and the states, or on the A. Executive Order 12866: Regulatory will be subject only to the notification distribution of power and Planning and Review and Executive requirements. responsibilities among the various Order 13563: Improving Regulation and Frequency of response: On average, levels of government. Regulatory Review this collection is expected to produce 18 responses per year. G. Executive Order 13175: Consultation This action is not a significant Total estimated burden: 1,000 hours and Coordination With Indian Tribal regulatory action and was, therefore, not (per year). Burden is defined at 5 CFR Governments submitted to the Office of Management 1320.3(b). and Budget (OMB) for review. Total estimated cost: $4,029 (per This action does not have tribal year), which is inclusive of the cost of implications as specified in Executive B. Executive Order 13771: Reducing familiarization with regulatory Order 13175. The EPA does not know of Regulations and Controlling Regulatory requirements, plus $2,900 annualized any engine test cell/stand facilities Costs capital or operation and maintenance owned or operated by Indian tribal This action is not an Executive Order costs. An agency may not conduct or governments. Thus, Executive Order 13771 regulatory action because this sponsor, and a person is not required to 13175 does not apply to this action.

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H. Executive Order 13045: Protection of Air pollution control, Engine test cells/ at all times, except during periods of Children From Environmental Health stands, Hazardous substances, startup, shutdown, or malfunction Risks and Safety Risks Incorporation by reference, (SSM) of your control device or This action is not subject to Executive Intergovernmental relations, Reporting associated monitoring equipment. On Order 13045 because it is not and recordkeeping requirements. and after December 1, 2020, you must be economically significant as defined in Dated: March 11, 2020. in compliance with the applicable Executive Order 12866, and because the Andrew R. Wheeler, emission limitation at all times. EPA does not believe the environmental (b) If you must comply with the Administrator. emission limitation, you must operate health or safety risks addressed by this For the reasons set forth in the action present a disproportionate risk to and maintain your engine test cell/ preamble, 40 CFR part 63 is amended as stand, air pollution control equipment, children. This action’s health and risk follows: assessments are contained in sections III and monitoring equipment in a manner and IV of the proposal preamble (84 FR consistent with safety and good air PART 63—NATIONAL EMISSION pollution control practices for 20208, May 8, 2019) and further STANDARDS FOR HAZARDOUS AIR documented in the risk report titled minimizing emissions at all times. The POLLUTANTS FOR SOURCE general duty to minimize emissions Residual Risk Assessment for the Engine CATEGORIES Test Cells/Stands Source Category in does not require the owner or operator Support of the 2020 Risk and ■ 1. The authority citation for part 63 to make any further efforts to reduce Technology Review Final Rule, which is continues to read as follows: emissions if levels required by the available in the docket for this action. applicable standard have been achieved. Authority: 42 U.S.C. 7401 et seq. Determination of whether a source is I. Executive Order 13211: Actions Subpart PPPPP—National Emission operating in compliance with operation Concerning Regulations That Standards for Hazardous Air Pollutants and maintenance requirements will be Significantly Affect Energy Supply, for Engine Test Cells/Stands based on information available to the Distribution, or Use Administrator that may include, but is This action is not subject to Executive ■ 2. Section 63.9295 is amended by not limited to, monitoring results, Order 13211, because it is not a revising paragraph (a) to read as follows: review of operation and maintenance significant regulatory action under procedures, review of operation and § 63.9295 When do I have to comply with Executive Order 12866. maintenance records, and inspection of this subpart? the affected source. J. National Technology Transfer and (a) Affected sources. (1) If you start up (c) For affected sources prior to Advancement Act (NTTAA) your new or reconstructed affected December 1, 2020, you must develop a This rulemaking does not involve source before May 27, 2003, you must written SSM plan (SSMP) for emission technical standards. comply with the emission limitations in control devices and associated this subpart no later than May 27, 2003; monitoring equipment according to the K. Executive Order 12898: Federal except that the compliance date for the provisions in § 63.6(e)(3). The plan will Actions To Address Environmental requirements promulgated at apply only to emission control devices, Justice in Minority Populations and §§ 63.9295, 63.9305, 63.9340, 63.9350, and not to engine test cells/stands. Low-Income Populations 63.9355, 63.9375, and Table 7 of 40 CFR ■ 4. Section 63.9307 is amended by The EPA believes that this action does part 63, subpart PPPPP, revised on June revising paragraphs (c)(1), (2), and (4) to not have disproportionately high and 3, 2020 is December 1, 2020. read as follows: adverse human health or environmental (2) If you start up your new or effects on minority populations, low- reconstructed affected source on or after § 63.9307 What are my continuous income populations, and/or indigenous May 27, 2003, you must comply with emissions monitoring system installation, peoples, as specified in Executive Order the emission limitations in this subpart operation, and maintenance requirements? 12898 (59 FR 7629, February 16, 1994). upon startup; except that if the initial * * * * * The documentation for this decision startup of your new or reconstructed (c) * * * is contained in section IV.B of the affected source occurs after May 27, (1) You must install, operate, and proposal preamble (84 FR 20208, May 8, 2003, but on or before May 8, 2019, the maintain each CEMS according to the 2019), section IV.A of this preamble, compliance date for the requirements applicable Performance Specification and the technical report, Risk and promulgated at §§ 63.9295, 63.9305, (PS) of 40 CFR part 60, appendix B (PS– Technology Review Analysis of 63.9340, 63.9350, 63.9355, 63.9375, and 3, PS–4A, or PS–8). Demographic Factors for Populations Table 7 of this subpart as revised on (2) You must conduct a performance Living Near Engine Test Cells/Stands June 3, 2020 is December 1, 2020. evaluation of each CEMS according to Source Category Operations, which is (3) If the initial startup of your new the requirements in 40 CFR 63.8 and available in the docket for this or reconstructed affected source occurs according to PS–3 of 40 CFR part 60, rulemaking. after May 8, 2019, the compliance date appendix B, using Reference Method 3A is June 3, 2020 or the date of startup, or 3B for the O2 CEMS, and according L. Congressional Review Act (CRA) whichever is later. to PS–4A of 40 CFR part 60, appendix This action is subject to the CRA, and * * * * * B, using Reference Method 10 or 10B for the CO CEMS, and according to PS–8 of the EPA will submit a rule report to ■ 3. Section 63.9305 is revised to read CFR part 60, appendix B, using each House of the Congress and to the as follows: Comptroller General of the United Reference Method 25A for the THC States. This action is not a ‘‘major rule’’ § 63.9305 What are my general CEMS. If the fuel used in the engines as defined by 5 U.S.C. 804(2). requirements for complying with this being tested is natural gas, you may use subpart? ASTM D 6522–00, Standard Test List of Subjects in 40 CFR Part 63 (a) Prior to December 1, 2020, you Method for Determination of Nitrogen Environmental protection, must be in compliance with the Oxides, Carbon Monoxide and Oxygen Administrative practice and procedures, emission limitation that applies to you Concentrations in Emissions from

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Natural Gas Fired Reciprocating unless you obtain a waiver of the reports following the procedure Engines, Combustion Turbines, Boilers, performance test according to the specified in paragraph (g) of this and Process Heaters Using Portable provisions in § 63.7(h). Prior to section. Analyzers (incorporated by reference, December 1, 2020, the performance test * * * * * see § 63.14). As an alternative to Method must also be conducted according to the (c) For each deviation from an 3B, you may use ANSI/ASME PTC requirements in § 63.7(e)(1). emission limit, the semiannual 19.10–1981, ‘‘Flue and Exhaust Gas * * * * * compliance report must include the Analyses [Part 10, Instruments and ■ 7. Section 63.9330 is amended by information in paragraphs (b)(1) through Apparatus],’’ (incorporated by reference, revising paragraph (a) to read as follows: (3) of this section and the information see § 63.14). included in paragraphs (c)(1) through * * * * * § 63.9330 How do I demonstrate initial (4) of this section, except that on and (4) All CEMS data must be reduced as compliance with the emission limitation? after December 1, 2020 the semiannual specified in § 63.8(g)(2) and recorded as (a) You must demonstrate initial compliance report must also include the CO or THC as carbon concentration in compliance with the emission limitation information included in paragraph (c)(5) parts per million by volume, dry basis that applies to you according to Table 4 of this section. (ppmvd), corrected to 15 percent O2 to this subpart. * * * * * content. * * * * * (5) An estimate of the quantity of each * * * * * ■ 8. Section 63.9340 is amended by regulated pollutant emitted over any ■ 5. Section 63.9320 is amended by revising paragraph (c) to read as follows: emission limit, and a description of the revising paragraphs (b) and (c) to read method used to estimate the emissions. § 63.9340 How do I demonstrate as follows: (d) For each CEMS or CPMS continuous compliance with the emission deviation, the semiannual compliance limitations? § 63.9320 What procedures must I use? report must include the information in * * * * * * * * * * paragraphs (b)(1) through (3) of this (b) You must conduct an initial (c) Startups, shutdowns, and section and the information included in performance evaluation of each capture malfunctions: paragraphs (d)(1) through (10) of this and control system according to (1) For affected sources prior to section, except that on and after §§ 63.9321, 63.9322, 63.9323 and December 1, 2020, consistent with December 1, 2020, the semiannual 63.9324, and each CEMS according to §§ 63.6(e) and 63.7(e)(1), deviations that compliance report must also include the the requirements in 40 CFR 63.8 and occur during a period of SSM of control information included in paragraph according to the applicable Performance devices and associated monitoring (d)(11) of this section. Specification of 40 CFR part 60, equipment are not violations if you demonstrate to the Administrator’s * * * * * appendix B (PS–3, PS–4A, or PS–8). (11) The total operating time of each satisfaction that you were operating in (c) The initial demonstration of new or reconstructed engine test cell/ accordance with § 63.6(e)(1). compliance with the carbon monoxide stand during the reporting period. (2) The Administrator will determine (CO) or THC concentration limitation (e) Prior to December 1, 2020, if you whether deviations that occur during a consists of either the first 4-hour rolling had an SSM of a control device or period you identify as an SSM of control average CO or THC concentration associated monitoring equipment during devices and associated monitoring recorded after completion of the CEMS the semiannual reporting period that equipment are violations, according to performance evaluation if CEMS are was not consistent with your SSMP, you the provisions in § 63.6(e). installed or the average of the test run must submit an immediate SSM report averages during the initial performance ■ 9. Section 63.9350 is amended by: according to the requirements in ■ test. You must correct the CO or THC a. Revising paragraph (a)(6) and; § 63.10(d)(5)(ii). ■ concentration at the outlet of the engine b. Adding paragraph (a)(7); (f) Within 60 days after the date of ■ test cell/stand or the emission control c. Revising paragraph (c) introductory completing each performance test or device to a dry basis and to 15 percent text; performance evaluation required by this ■ d. Adding paragraph (c)(5); O2 content according to Equation 1 of subpart, you must submit the results of ■ e. Revising paragraph (d) introductory this section: the performance test following the text; procedures specified in paragraphs (f)(1) ■ f. Adding paragraph (d)(11); through (3) of this section. ■ g. Revising paragraph (e); and (1) Data collected or performance ■ h. Adding paragraphs (f) through (i). evaluations of CMS measuring relative Where: The revisions and additions read as follows: accuracy test audit (RATA) pollutants Cc = concentration of CO or THC, corrected using test methods supported by the to 15 percent oxygen, ppmvd § 63.9350 What reports must I submit and C = total uncorrected concentration of CO EPA’s Electronic Reporting Tool (ERT) unc when? or THC, ppmvd as listed on the EPA’s ERT website %O2d = concentration of oxygen measured in (a) * * * (https://www.epa.gov/electronic- gas stream, dry basis, percent by volume (6) For affected sources prior to reporting-air-emissions/electronic- * * * * * December 1, 2020, if you had an SSM reporting-tool-ert) at the time of the test. ■ 6. Section 63.9321 is amended by of a control device or associated Submit the results of the performance revising paragraph (a) introductory text monitoring equipment during the test or performance evaluation to the to read as follows: reporting period and you took actions EPA via the Compliance and Emissions consistent with your SSMP, the Data Reporting Interface (CEDRI), which § 63.9321 What are the general compliance report must include the can be accessed through the EPA’s requirements for performance tests? information in paragraphs Central Data Exchange (CDX) (https:// (a) You must conduct each § 63.10(d)(5)(i). cdx.epa.gov/). The data must be performance test required by § 63.9310 (7) Beginning on December 1, 2020, submitted in a file format generated under the conditions in this section submit all semiannual compliance through the use of the EPA’s ERT.

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Alternatively, you may submit an Page Rd., Durham, NC 27703. The same due. For the purposes of this section, a electronic file consistent with the file with the CBI omitted must be force majeure event is defined as an extensible markup language (XML) submitted to the EPA via the EPA’s CDX event that will be or has been caused by schema listed on the EPA’s ERT as described earlier in this paragraph. circumstances beyond the control of the website. (h) If you are required to affected facility, its contractors, or any (2) Data collected or performance electronically submit a report through entity controlled by the affected facility evaluations of CMS measuring RATA CEDRI in the EPA’s CDX, you may that prevents you from complying with pollutants using test methods that are assert a claim of EPA system outage for the requirement to submit a report not supported by the EPA’s ERT as failure to timely comply with the electronically within the time period listed on the EPA’s ERT website at the reporting requirement. To assert a claim prescribed. Examples of such events are time of the test. The results of the of EPA system outage, you must meet acts of nature (e.g., hurricanes, performance test or performance the requirements outlined in paragraphs earthquakes, or floods), acts of war or evaluation must be included as an (h)(1) through (7) of this section. terrorism, or equipment failure or safety attachment in the ERT or an alternate (1) You must have been or will be hazard beyond the control of the electronic file consistent with the XML precluded from accessing CEDRI and affected facility (e.g., large scale power schema listed on the EPA’s ERT submitting a required report within the outage). website. Submit the ERT generated time prescribed due to an outage of (2) You must submit notification to package or alternative file to the EPA via either the EPA’s CEDRI or CDX systems. the Administrator in writing as soon as CEDRI. (2) The outage must have occured possible following the date you first (3) If you claim some of the within the period of time beginning five knew, or through due diligence should information submitted under paragraph business days prior to the date that the have known, that the event may cause (f) of this section is CBI, you must submission is due. or has caused a delay in reporting. submit a complete file, including (3) The outage may be planned or (3) You must provide to the information claimed to be CBI, to the unplanned. Administrator: EPA. The file must be generated through (4) You must submit notification to (i) A written description of the force the use of the EPA’s ERT or an alternate the Administrator in writing as soon as majeure event; electronic file consistent with the XML possible following the date you first (ii) A rationale for attributing the schema listed on the EPA’s ERT knew, or through due diligence should delay in reporting beyond the regulatory website. Submit the file on a compact have known, that the event may cause deadline to the force majeure event; disc, flash drive, or other commonly or has caused a delay in reporting. (iii) Measures taken or to be taken to used electronic storage medium and (5) You must provide to the minimize the delay in reporting; and clearly mark the medium as CBI. Mail Administrator a written description (iv) The date by which you propose to the electronic medium to U.S. EPA/ identifying: report, or if you have already met the OAQPS/CORE CBI Office, Attention: (i) The date(s) and time(s) when CDX reporting requirement at the time of the Group Leader, Measurement Policy or CEDRI was accessed and the system notification, the date you reported. Group, MD C404–02, 4930 Old Page Rd., was unavailable; (4) The decision to accept the claim Durham, NC 27703. The same file with (ii) A rationale for attributing the of force majeure and allow an extension the CBI omitted must be submitted to delay in reporting beyond the regulatory to the reporting deadline is solely the EPA via the EPA’s CDX as described deadline to EPA system outage; within the discretion of the in paragraph (f)(1) of this section. (iii) Measures taken or to be taken to Administrator. (g) If you are required to submit minimize the delay in reporting; and (5) In any circumstance, the reporting reports following the procedure (iv) The date by which you propose to must occur as soon as possible after the specified in this paragraph, you must report, or if you have already met the force majeure event occurs. submit reports to the EPA via CEDRI, reporting requirement at the time of the ■ 10. Section 63.9355 is amended by: which can be accessed through the notification, the date you reported. ■ a. Revising paragraphs (a) EPA’s CDX (https://cdx.epa.gov/). You (6) The decision to accept the claim introductory text and (a)(3); must use the appropriate electronic of EPA system outage and allow an ■ b. Adding paragraphs (a)(6) through report template on the CEDRI website extension to the reporting deadline is (8); (https://www.epa.gov/electronic- solely within the discretion of the ■ c. Revising paragraphs (b)(2), (c) reporting-air-emissions/compliance- Administrator. introductory text, and (c)(2) and (4); and and-emissions-data-reporting-interface- (7) In any circumstance, the report ■ d. Adding paragraph (c)(5). cedri) for this subpart. The report must must be submitted electronically as The revisions and additions read as be submitted by the deadline specified soon as possible after the outage is follows: in this subpart, regardless of the method resolved. § 63.9355 What records must I keep? in which the report is submitted. If you (i) If you are required to electronically claim some of the information required submit a report through CEDRI in the (a) You must keep the records as to be submitted via CEDRI is CBI, EPA’s CDX, you may assert a claim of described in paragraphs (a)(1) through submit a complete report, including force majeure for failure to timely (5) of this section. After June 3, 2020, information claimed to be CBI, to the comply with the reporting requirement. you must also keep the records as EPA. The report must be generated To assert a claim of force majuere, you described in paragraphs (a)(6) through using the appropriate form on the must meet the requirements outlined in (8) of this section. CEDRI website. Submit the file on a paragraphs (i)(1) through (5) of this * * * * * compact disc, flash drive, or other section. (3) Records of the occurrence and commonly used electronic storage (1) You may submit a claim if a force duration of each malfunction of the air medium and clearly mark the medium majeure event is about to occur, occurs, pollution control equipment, if as CBI. Mail the electronic medium to or has occurred or there are lingering applicable, as required in § 63.9355. U.S. EPA/OAQPS/CORE CBI Office, effects from such an event within the * * * * * Attention: Group Leader, Measurement period of time beginning five business (6) In the event that an affected unit Policy Group, MD C404–02, 4930 Old days prior to the date the submission is fails to meet an applicable standard,

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record the number of failures. For each (4) For affected sources prior to (d) Any records required to be failure record the date, time, the cause, December 1, 2020, the records in maintained by this part that are and duration of each failure. § 63.6(e)(3)(iii) through (v) related to submitted electronically via the EPA’s (7) For each failure to meet an SSM of the control device and CEDRI may be maintained in electronic applicable standard, record and retain a associated monitoring equipment. format. This ability to maintain list of the affected sources or equipment, (5) The owner or operator shall keep electronic copies does not affect the an estimate of the quantity of each these written procedures on record for requirement for facilities to make regulated pollutant emitted over any the life of the affected source or until records, data, and reports available emission limit, and a description of the upon request to a delegated air agency the affected source is no longer subject method used to estimate the emissions. or the EPA as part of an on-site to the provisions of this part, to be made (8) Record actions taken to minimize compliance evaluation. available for inspection, upon request, emissions in accordance with § 63.9305, ■ 12. Section 63.9375 is amended in the and any corrective actions taken to by the Administrator. If the performance evaluation plan is revised, the owner or definition of ‘‘Deviation’’ by revising return the affected unit to its normal or paragraph (3) to read as follows: usual manner of operation. operator shall keep previous (i.e., (b) * * * superseded) versions of the performance § 63.9375 What definitions apply to this (2) For affected sources prior to evaluation plan on record to be made subpart? December 1, 2020, the records in available for inspection, upon request, * * * * * § 63.6(e)(3)(iii) through (v) related to by the Administrator, for a period of 5 Deviation *** SSM. years after each revision to the plan. The (3) Prior to December 1, 2020, fails to * * * * * program of corrective action should be meet any emission limitation or (c) For each CEMS, you must keep the included in the plan required under operating limit in this subpart during records as described in paragraph (c)(1) § 63.8(d)(2). malfunction, regardless of whether or through (5) of this section. * * * * * not such failure is permitted by this subpart. * * * * * ■ 11. Section 63.9360 is amended by (2) Previous (i.e., superceded) adding paragraph (d) to read as follows; * * * * * versions of the performance evaluation ■ 13. Table 3 to subpart PPPPP is plan as required in paragraph (c)(5) of § 63.9360 In what form and how long must amended by revising the entry ‘‘1. The this section. I keep my records? CO or THC outlet concentration * * * * * * * * * * emission limitation’’ to read as follows:

TABLE 3 TO SUBPART PPPPP OF PART 63—REQUIREMENTS FOR INITIAL COMPLIANCE DEMONSTRATIONS *****

For each new or recon- structed affected source You must . . . Using . . . According to the following requirements . . . complying with . . .

1. The CO or THC outlet a. Demonstrate CO or THC i. EPA Methods 3A and 10 You must demonstrate that the outlet concentration of concentration emission emissions are 20 ppmvd of appendix A to 40 CFR CO or THC emissions from the test cell/stand or limitation. or less. part 60 for CO measure- emission control device is 20 ppmvd or less, cor- ment or EPA Method rected to 15 percent O2 content, using the average 25A of appendix A to 40 of the test runs in the performance test. CFR part 60 for THC measurement; or ii. A CEMS for CO or THC This demonstration is conducted immediately following and O2 at the outlet of a successful performance evaluation of the CEMS the engine test cell/stand as required in § 63.9320 (b). The demonstration con- or emission control de- sists of the first 4-hour rolling average of measure- vice. ments. The CO or THC concentration must be cor- rected to 15 percent O2 content, dry basis using Equation 1 in § 63.9320.

*******

■ 14. Table 4 of subpart PPPPP is revised to read as follows:

TABLE 4 TO SUBPART PPPPP OF PART 63—INITIAL COMPLIANCE WITH EMISSION LIMITATIONS [As stated in § 63.9330, you must demonstrate initial compliance with each emission limitation that applies to you according to the following table:]

For the . . . You have demonstrated initial compliance if . . .

1. CO or THC concentration emis- The first 4-hour rolling average CO or THC concentration is 20 ppmvd or less, corrected to 15 percent O2 sion limitation. content if CEMS are installed or the average of the test run averages during the performance test is 20 ppmvd or less, corrected to 15 percent O2 content. 2. CO or THC percent reduction The first 4-hour rolling average reduction in CO or THC is 96 percent or more, dry basis, corrected to 15 emission limitation. percent O2 content.

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■ 15. Table 5 of subpart PPPPP is revised to read as follows:

TABLE 5 TO SUBPART PPPPP OF PART 63—CONTINUOUS COMPLIANCE WITH EMISSION LIMITATIONS [As stated in § 63.9340, you must demonstrate continuous compliance with each emission limitation that applies to you according to the following table:]

For the . . . You must . . . By . . .

1. CO or THC concentration emis- a. Demonstrate CO or THC emis- i. Collecting the CPMS data according to § 63.9306(a), reducing the sion limitation. sions are 20 ppmvd or less over measurements to 1-hour averages used to calculate the 3-hr block each 4- hour rolling averaging average; or period. ii. Collecting the CEMS data according to § 63.9307(a), reducing the measurements to 1-hour averages, correcting them to 15 percent O2 content, dry basis, according to § 63.9320. 2. CO or THC percent reduction a. Demonstrate a reduction in CO i. Collecting the CPMS data according to § 63.9306(a), reducing the emission limitation. or THC of 96 percent or more measurements to 1-hour averages; or over each 4-hour rolling aver- ii. Collecting the CEMS data according to § 63.9307(b), reducing the aging period. measurements to 1-hour averages, correcting them to 15 percent O2 content, dry basis, calculating the CO or THC percent reduction according to § 63.9320.

■ 16. Table 7 of subpart PPPPP is revised to read as follows:

TABLE 7 TO SUBPART PPPPP OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART PPPPP [As stated in 63.9365, you must comply with the General Provisions in §§ 63.1 through 15 that apply to you according to the following table:]

Citation Subject Applicable to subpart PPPPP Explanation

§ 63.1(a)(1)–(12) .. General Applicability ...... Yes. § 63.1(b)(1)–(3) .... Initial Applicability Determination ...... Yes ...... Applicability to subpart PPPPP is also specified in § 63.9285. § 63.1(c)(1) ...... Applicability After Standard Established .... Yes. § 63.1(c)(2) ...... Applicability of Permit Program for Area No ...... Area sources are not subject to subpart Sources. PPPPP. § 63.1(c)(5) ...... Notifications ...... Yes. § 63.1(d) ...... [Reserved]. § 63.1(e) ...... Applicability of Permit Program Before Yes. Relevant Standard is Set. § 63.2 ...... Definitions ...... Yes ...... Additional definitions are specified in § 63.9375. § 63.3 ...... Units and Abbreviations ...... Yes. § 63.4 ...... Prohibited Activities and Circumvention .... Yes. § 63.5(a) ...... Construction/Reconstruction ...... Yes. § 63.5(b) ...... Requirements for Existing, Newly Con- Yes. structed, and Reconstructed Sources. § 63.5(d) ...... Application for Approval of Construction/ Yes. Reconstruction. § 63.5(e) ...... Approval of Construction/Reconstruction .. Yes. § 63.5(f) ...... Approval of Construction/Reconstruction Yes. based on Prior State Review. § 63.6(a) ...... Compliance With Standards and Mainte- Yes. nance Requirements-Applicability. § 63.6(b)(1)–(7) .... Compliance Dates for New and Recon- Yes ...... § 63.9295 specifies the compliance dates. structed Sources. § 63.6(c)(1)–(2) .... Compliance Dates for Existing Sources .... No ...... Subpart PPPPP does not establish stand- ards for existing sources. § 63.6(c)(5) ...... Compliance Dates for Existing Sources .... Yes ...... § 63.9295(b) specifies the compliance date if a new or reconstructed area source becomes a major source. § 63.6(e)(1)(i) ...... Operation and Maintenance ...... Yes before December 1, 2020. See § 63.9305 for general duty require- No on and after December 1, ment. 2020. § 63.6(e)(1)(ii) ...... Operation and Maintenance ...... Yes before December 1, 2020. No on and after December 1, 2020. § 63.6(e)(1)(iii) ...... Operation and Maintenance ...... Yes. § 63.6(e)(3) ...... SSM Plan ...... Yes before December 1, 2020. No on and after December 1, 2020.

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TABLE 7 TO SUBPART PPPPP OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART PPPPP—Continued [As stated in 63.9365, you must comply with the General Provisions in §§ 63.1 through 15 that apply to you according to the following table:]

Citation Subject Applicable to subpart PPPPP Explanation

§ 63.6(f)(1) ...... Compliance Except During SSM ...... Yes before December 1, 2020. No on and after December 1, 2020. § 63.6(f)(2)–(3) ..... Methods for Determining Compliance ...... Yes. § 63.6(g)(1)–(3) .... Use of Alternative Standards ...... Yes. § 63.6(h) ...... Compliance With Opacity/Visible Emission No ...... Subpart PPPPP does not establish opac- Standards. ity standards and does require contin- uous opacity monitoring systems (COMS). § 63.6(i)(1)–(16) ... Extension of Compliance ...... No ...... Compliance extension provisions apply to existing sources which do not have emission limitations in subpart PPPPP. § 63.6(j) ...... Presidential Compliance Exemption ...... Yes. § 63.7(a)(1)–(2) .... Performance Test Dates ...... Yes. § 63.7(a)(3) ...... Performance Test Required By the Admin- Yes. istrator. § 63.7(b)–(d) ...... Performance Test Requirements-Notifica- Yes. tion, Quality Assurance, Facilities Nec- essary for Safe Testing, Conditions Dur- ing Testing. § 63.7(e)(1) ...... Conditions for Conducting Performance Yes before December 1, 2020. Tests. No, see § 63.9321, on and after December 1, 2020. § 63.7(e)(2)–(4) .... Conduct of Performance Tests ...... Yes. § 63.7(f) ...... Alternative Test Methods ...... Yes. § 63.7(g)–(h) ...... Performance Testing Requirements-Data Yes. Analysis, Recordkeeping, Reporting, Waiver of Test. § 63.8(a)(1)–(2) .... Monitoring Requirements—Applicability .... Yes ...... Subpart PPPPP contains specific require- ment for monitoring at § 63.9325. § 63.8(a)(4) ...... Additional Monitoring Requirements ...... No ...... Subpart PPPPP does not have monitoring requirement for flares. § 63.8(b) ...... Conduct of Monitoring ...... Yes. § 63.8(c)(1) ...... Continuous Monitoring System (CMS) Op- Yes. eration and Maintenance. § 63.8(c)(1)(i) ...... General Duty to Minimize Emissions and Yes before December 1, 2020. CMS Operation. No on and after December 1, 2020. § 63.8(c)(1)(ii) ...... Operation and Maintenance of CMS ...... Yes. § 63.8(c)(1)(iii) ...... Requirement to Develop SSM Plan for Yes before December 1, 2020. CMS. No on and after December 1, 2020. § 63.8(c)(2)–(3) .... Monitoring System Installation ...... Yes. § 63.8(c)(4) ...... CMS ...... No ...... § 63.9335(a) and (b) specifies the require- ments. § 63.8(c)(5) ...... COMS ...... No ...... Subpart PPPPP does not have opacity or VE standards. § 63.8(c)(6)–(8) .... CMS Requirements ...... Yes ...... Except that subpart PPPPP does not re- quire COMS. § 63.8(d)(1)–(2) .... CMS Quality Control ...... Yes. § 63.8(d)(3) ...... CMS Quality Control ...... Yes before December 1, 2020. No on and after December 1, 2020. § 63.8(e) ...... CMS Performance ...... Yes ...... Except for § 63.8(e)(5)(ii) which applies to COMS. § 63.8(f)(1)–(5) ..... Alternative Monitoring Method ...... Yes. § 63.8(f)(6) ...... Alternative to Relative Accuracy Test ...... Yes. § 63.8(g) ...... Data Reduction ...... Yes before December 1, 2020. §§ 63.9335 and 63.9340 specify moni- No on and after December 1, toring data reduction. 2020. § 63.9(a)–(b) ...... Notification Requirements ...... Yes. § 63.9(c) ...... Request for Compliance Extension ...... No ...... Compliance extension to not apply to new or reconstructed sources. § 63.9(d) ...... Notification of Special Compliance Re- Yes. quirements for New Sources. § 63.9(e) ...... Notification of Performance Test ...... No ...... Subpart PPPPP does not require perform- ance testing. § 63.9(f) ...... Notification of Opacity/VE test ...... No ...... Subpart PPPPP does not have opacity/VE standards. § 63.9(g)(1) ...... Additional Notifications When Using CMS Yes.

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TABLE 7 TO SUBPART PPPPP OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART PPPPP—Continued [As stated in 63.9365, you must comply with the General Provisions in §§ 63.1 through 15 that apply to you according to the following table:]

Citation Subject Applicable to subpart PPPPP Explanation

§ 63.9(g)(2) ...... Additional Notifications When Using CMS No ...... Subpart PPPPP does not have opacity/VE standards. § 63.9(g)(3) ...... Additional Notifications When Using CMS Yes. § 63.9(h) ...... Notification of Compliance Status ...... Yes. § 63.9(i) ...... Adjustment of Submittal Deadlines ...... Yes. § 63.9(j) ...... Change in Previous Information ...... Yes. § 63.10(a) ...... Recordkeeping/Reporting ...... Yes. § 63.10(b)(1) ...... General Recordkeeping Requirements ..... Yes. § 63.10(b)(2)(i) ..... Recordkeeping of Occurrence and Dura- Yes before December 1, 2020. tion of Startups and Shutdowns. No on and after December 1, 2020. § 63.10(b)(2)(ii) ..... Recordkeeping of Occurrence and Dura- Yes before December 1, 2020. See § 63.9355 for recordkeeping of (1) tion of Malfunctions. No on and after December 1, date, time, and duration; (2) listing of af- 2020. fected source or equipment, and an es- timate of the quantity of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure. § 63.10(b)(2)(iii) .... Recordkeeping of Maintenance on Con- Yes. trols and Monitoring Equipment. § 63.10(b)(2)(iv)– Actions Taken to Minimize Emissions Dur- Yes before December 1, 2020. (v). ing SSM. No on and after December 1, 2020. § 63.10(b)(2)(vi)– CMS Records ...... Yes. (xi). § 63.10(b)(2)(xii) ... Records ...... Yes. § 63.10(b)(2)(xiii) .. Records ...... Yes. § 63.10(b)(2)(xiv) .. Records ...... Yes. § 63.10(b)(3) ...... Recordkeeping for Applicability Determina- Yes. tions. § 63.10(c)(1)–(6), Additional Recordkeeping for CMS ...... Yes. (9)–(14). § 63.10(c)(7)–(8) .. Records of Excess Emissions and Param- No ...... Specific language is located at § 63.9355 eter Monitoring Exceedances for CMS. of subpart PPPPP. § 63.10(c)(15) ...... Records Regarding the SSM Plan ...... Yes before December 1, 2020. No on and after December 1, 2020. § 63.10(d)(1) ...... General Reporting Requirements ...... Yes. § 63.10(d)(2) ...... Report of Performance Test Results ...... Yes. § 63.10(d)(3) ...... Reporting of Opacity or VE Observations No ...... Subpart PPPPP does not have opacity/VE standards. § 63.10(d)(4) ...... Progress Reports for Sources with Com- No ...... Compliance extensions do not apply to pliance Extensions. new or reconstructed sources. § 63.10(d)(5) ...... SSM Reports ...... Yes before December 1, 2020. On and after December 1, 2020, see No on and after December 1, § 63.9350 for malfunction reporting re- 2020. quirements. § 63.10(e)(1) and Additional CMS Reports ...... Yes. (2)(i). § 63.10(e)(2)(ii) ..... Additional CMS Reports ...... No ...... Subpart PPPPP does not require COMS. § 63.10(e)(3) ...... Excess Emissions/CMS Performance Re- No ...... Specific language in located in § 63.9350 ports. of subpart PPPPP. § 63.10(e)(4) ...... COMS Data Reports ...... No ...... Subpart PPPPP does not require COMS. § 63.10(f) ...... Waiver for Recordkeeping/Reporting ...... Yes. § 63.11 ...... Control Device Requirements/Flares ...... No ...... Subpart PPPPP does not specify use of flares for compliance. § 63.12 ...... State Authority and Delegations ...... Yes. § 63.13 ...... Addresses ...... Yes. § 63.14 ...... Incorporation by Reference ...... Yes ...... ASTM D 6522–00 and ANSI/ASME PTC 19.10–1981 (incorporated by ref- erence—See § 63.14). § 63.15 ...... Availability of Information/Confidentiality ... Yes.

[FR Doc. 2020–05909 Filed 6–2–20; 8:45 a.m.] BILLING CODE 6560–50–P

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Reader Aids Federal Register Vol. 85, No. 107 Wednesday, June 3, 2020

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 240...... 33020, 33290 Presidential Documents 2 CFR 243...... 33290 Executive orders and proclamations 741–6000 910...... 32977 249...... 33290 The United States Government Manual 741–6000 270...... 33290 3 CFR Other Services 274...... 33290 Executive Orders: Electronic and on-line services (voice) 741–6020 13925...... 34079 21 CFR Privacy Act Compilation 741–6050 573...... 33538 7 CFR ELECTRONIC RESEARCH 1...... 34085 26 CFR 9 CFR Proposed Rules: World Wide Web 1...... 34050 Proposed Rules: Full text of the daily Federal Register, CFR and other publications 310...... 33031 27 CFR is located at: www.govinfo.gov. 352...... 33034 9...... 34095 Federal Register information and research tools, including Public 18...... 33539 Inspection List and electronic text are located at: 10 CFR 19...... 33539 www.federalregister.gov. 9...... 33527 24...... 33539 50...... 34087 E-mail 25...... 33539 35...... 33527 26...... 33539 FEDREGTOC (Daily Federal Register Table of Contents Electronic Proposed Rules: 27...... 33539 Mailing List) is an open e-mail service that provides subscribers 9...... 33581 28...... 33539 with a digital form of the Federal Register Table of Contents. The 35...... 33581 30...... 33539 digital form of the Federal Register Table of Contents includes 72...... 33582 70...... 33539 HTML and PDF links to the full text of each document. 431...... 33036, 34111 29 CFR To join or leave, go to https://public.govdelivery.com/accounts/ 12 CFR USGPOOFR/subscriber/new, enter your email address, then Proposed Rules: follow the instructions to join, leave, or manage your 3...... 32980 1614...... 33049 subscription. 6...... 32980 7...... 33530 32 CFR PENS (Public Law Electronic Notification Service) is an e-mail 30...... 32991 199...... 34101 service that notifies subscribers of recently enacted laws. 160...... 33530 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 208...... 32980, 32991 33 CFR and select Join or leave the list (or change settings); then follow 217...... 32980 the instructions. 324...... 32980 100...... 33543, 33547 117...... 33550 FEDREGTOC and PENS are mailing lists only. We cannot 364...... 32991 741...... 32991 165 ...... 33553, 33561, 33566, respond to specific inquiries. 33568, 33570, 34104 Reference questions. Send questions and comments about the 13 CFR Proposed Rules: Federal Register system to: [email protected] 120...... 33004, 33010 100...... 33592 The Federal Register staff cannot interpret specific documents or regulations. 14 CFR 34 CFR 39...... 34088, 34090 361...... 33021 71...... 33536 FEDERAL REGISTER PAGES AND DATE, JUNE 37 CFR Proposed Rules: 32977–33526...... 1 39 ...... 33043, 33046, 33583, Proposed Rules: 33527–34084...... 2 34118, 34121, 34136, 34139, 201...... 34150 34085–34352...... 3 34141 71 ...... 33587, 33589, 33590, 40 CFR 34144, 34146, 34148 52 ...... 33021, 33023, 33571, 34106, 34108 15 CFR 63...... 34326 774...... 34306 70...... 33023 271...... 33026 16 CFR Proposed Rules: 1253...... 33015 52...... 33049, 33052 180...... 33059 17 CFR 229...... 33290 42 CFR 230...... 33290 417...... 33796 232...... 33290 422...... 33796 239...... 33290 423...... 33796

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45 CFR 54...... 33578 49 CFR 50 CFR Proposed Rules: 48 CFR 29...... 33494 648...... 33027, 33579 153...... 33595 385...... 33396 Proposed Rules: Proposed Rules: 395...... 33396 17...... 33060 47 CFR 19...... 34155 1...... 33578 42...... 34155 Proposed Rules: 218...... 33914 2...... 33578 52...... 34155 572...... 33617

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The text of laws is not H.R. 943/P.L. 116–141 enacted public laws. To published in the Federal Never Again Education Act subscribe, go to https:// LIST OF PUBLIC LAWS Register but may be ordered (May 29, 2020; 134 Stat. 636) listserv.gsa.gov/cgi-bin/ in ‘‘slip law’’ (individual Last List April 30, 2020 wa.exe?SUBED1=PUBLAWS- pamphlet) form from the L&A=1 This is a continuing list of Superintendent of Documents, public bills from the current U.S. Government Publishing Public Laws Electronic Note: This service is strictly session of Congress which Office, Washington, DC 20402 Notification Service for email notification of new have become Federal laws. (phone, 202–512–1808). The (PENS) laws. The text of laws is not This list is also available text will also be made available through this service. online at https:// available at https:// PENS cannot respond to www.archives.gov/federal- www.govinfo.gov. Some laws PENS is a free email specific inquiries sent to this register/laws. may not yet be available. notification service of newly address.

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